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Melanie Black Dubis

Partner
Business Litigation Group Leader
Raleigh | 919.890.4158
Fax | 919.835.4542

Melanie Dubis leads Parker Poe's Litigation Practice Group. She handles complex patent, securities, and other business disputes at the trial and appellate level for clients in the pharmaceutical, manufacturing, insurance, financial services, energy, education, and technology industries.

She has experience in North Carolina state and federal courts (including the state Supreme Court and Business Court), the U.S. Courts of Appeals for the Fourth, Sixth, and Federal Circuits, and in arbitration proceedings.

Along with other Parker Poe colleagues, Melanie currently serves as national coordinating counsel for two defendant chemical manufacturing companies in multidistrict litigation (MDL) involving over 10,000 individual plaintiffs and water service providers and multiple putative class actions. The MDL action is pending in federal district court in Charleston, South Carolina, and involves claims under state law in jurisdictions throughout the United States.

Melanie has also served as national defense counsel in class action lawsuits involving insurance regulations in multiple federal jurisdictions, represented generic pharmaceutical manufacturers in patent litigation under the Hatch-Waxman Act, and defended clients in false advertising and unfair competition claims filed by the Federal Trade Commission (FTC). She represents corporations and their boards of directors in derivative actions as well.

She appreciates that her clients benefit from doing business in a thriving business region with a high quality of life, and she plays an active role in keeping the Raleigh-Durham area at the top of the “best of” lists through service on numerous boards and committees.

Representative Experience

Class Action Litigation

  • Currently serves as national defense counsel for two foreign-owned chemical manufacturers related to multiple putative class action lawsuits and multidistrict litigation pending in federal court. The cases concern alleged exposure and contamination arising from the use of aqueous film-forming foam that included PFAS.
  • Defeated a nearly 12-million-person class certification involving PFAS claims against a foreign-owned chemical manufacturer. The U.S. Court of Appeals for the Sixth Circuit vacated the lower court's approval of the class action, holding that the plaintiff lacked standing to assert the alleged claims against our client and nine other companies.
  • Obtained dismissal of purported class action claims asserted against insurance broker. Represented client as national counsel in similar cases filed in multiple jurisdictions resulting in a nationwide settlement. Petruzzo v. Healthextras, Inc. et al. 5:12-CV-112-FL (E.D.N.C.).
  • Defended alleged class action filed in state court arising out of federal claims filed by the FTC. Federal Trade Commission v. Oil-Chem Research Corp. (M.D.N.C. and N.C. Superior Court).

Antitrust and Trade Regulation

  • Represented a global manufacturer in a trial over its consummated merger that was challenged by the Federal Trade Commission under the Clayton Act.
  • Assisted an international manufacturer in responding to a civil investigative demand issued by the U.S. Department of Justice in an industry-wide investigation.
  • Obtained dismissal of all claims by independent contractors asserted against international manufacturer and distributor regarding alleged breaches of distribution agreements and other alleged tortious conduct. Melvin Colon, et al. v. Bimbo Foods Bakeries Distribution, LLC, et al., 15:14-CV-316-D (E.D.N.C.).
  • Represented individual defendant in case alleging inter alia, trade secret misappropriation, breach of fiduciary duty, and unfair and deceptive trade practices. Plaintiff's motion for preliminary injunction was denied. After plaintiff's Chapter 75 claims were dismissed on a Rule 12(b)(6) motion, plaintiff dismissed all other claims. Voyager Pharmaceutical Corp. v. Bowen, et al., (N.C. Business Court).

Education

  • Represents low-wealth school districts in what has been described as one of “the most important North Carolina Supreme Court rulings in living memory.” The Leandro case established the state constitutional right to a sound basic education for all public school students in North Carolina. After a five-week trial, the trial court ruled in the plaintiff low-wealth school districts' favor. The trial court's rulings were largely upheld by the Supreme Court in 2004. The Supreme Court has heard additional arguments over whether the state is meeting its burden four times since then, most recently in 2024. The case has resulted in an increase of more than $1 billion in funding for at-risk students in every county of North Carolina. Hoke County Board of Education v. State (N.C. Supreme Court).

Intellectual Property Litigation

  • Represented several generic pharmaceutical manufacturers in patent litigation under the Hatch-Waxman Act, including Eagle Pharma v. Accord Health, et al., 5:24-CV-00095 (E.D.N.C); Novartis Pharmaceuticals Corporation v. Mylan Pharmaceuticals, Inc. Civil Action No. 19-201-TSK (N.D.W.Va.); In re Entresto (Sacubitril/Valsartan) Patent Litigation, C.A. No. 20-445-RGA (D. Del.).
  • Represented plaintiffs in patent infringement action related to variable speed pump technology. Pentair Water Pool and Spa, et al. v. Hayward Industries, Inc., et al. 5:11-CV-459 (E.D.N.C).

Shareholder Litigation

  • Defended group of investors and lenders against claims of breach of fiduciary duty and fraud filed by former president and CEO and prosecuted counterclaims for mismanagement and misappropriation of operations and funds of the company and the investors. TCI Triangle Inc. v. TowerComm LLC, 2020CVS8402 (N.C. Business Court).
  • Obtained partial summary judgment and voluntary dismissal of all claims in a minority shareholder suit for breach of fiduciary duty and fraud filed against the company and its managing member. Dodge v. Appalachian Energy, LLC, 2020CVS1456 (N.C. Business Court). 
  • Defended officers and directors of a Fortune 500 company against shareholder derivative claims of bad faith and breach of fiduciary duties arising out of the sale of an industrial park adjacent to the Las Vegas Motor Speedway. The Chancery Court held that the defendant directors' decisions were protected by the business judgment rule and granted summary judgment. The Chancery Court's ruling was upheld by the Delaware Supreme Court. In re Speedway Motorsports, Inc. Derivative Litigation, 2003 WL 22400758 (Del. Ch. 2003), aff'd, No. 546, 2003 (Del. Sup. Ct. May 12, 2004).

Accounting and Financial Services Defense

  • Obtained a defense award for claims of breach of contract, defamation, tortious interference with prospective advantage, and wrongful termination. Carlson v. LPL Financial, LLC FINRA Case No. 14-0001.
  • Defended accounting firm against claims of negligence and negligent misrepresentation. After depositions of more than 50 witnesses, including experts, the case, in which more than $100 million of damages were alleged, was resolved. Harco v. BDO Seidman, LLP (N.C. Business Court).

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Honors & Awards

  • Catharine Biggs Arrowood Women's Achievement Award, 2024
  • The Best Lawyers in America in Commercial Litigation, Antitrust Litigation, 2013-2025; Securities Litigation, 2017-2025
  • The Best Lawyers in America "Lawyer of the Year" in Raleigh for Antitrust Litigation, 2021
  • Benchmark Litigation, Local Litigation Star in North Carolina, 2014-2025; Future Star in North Carolina, 2013
  • Chambers USA: America’s Leading Lawyers in Litigation: General Commercial, 2012-2013, 2020-2024
  • North Carolina Super Lawyers, 2014-2024; Rising Star, 2009
  • North Carolina Lawyers Weekly and The Mecklenburg Times' 50 Most Influential Women, 2024
  • North Carolina Foundation for Public School Children's Champion for Children Award, 2014
  • Featured in "10 People to Watch in 2013" by the Triangle Business Journal
  • Triangle Business Journal, Women in Business Award, 2011
  • North Carolina Lawyers Weekly, Leaders in the Law Award, 2011
  • Business North Carolina magazine's "Legal Elite" Young Guns, 2007
  • Triangle Business Journal’s 40 Under 40, 2006
  • Litigation Counsel of America, Senior Fellow, 2013-present
  • International Association of Defense Counsel (IADC)
  • Martindale-Hubbell AV® Preeminent™ in Commercial Litigation; Business Torts; Intellectual Property Litigation; Antitrust; Trade Regulation; Securities Litigation
  • Phi Beta Kappa
  • John W. Wade Scholar, Vanderbilt University Law School

Memberships

  • Girl Scouts of America, NC Coastal Pines Council, Board of Directors, 2018-present
  • Raleigh Chamber, Board of Directors, Past Member; Education Committee, Past Member; Communications Committee, 2010-2011
  • North Carolina Bar Association, Antitrust and Complex Business Disputes Law Section, Leadership Council, Past Member; Quality of Life Committee, 2011-2015; Appellate Rules Advisory Committee, 2003-2010; Civil Practice and Procedure Committee, Litigation Section Council, Chair, 2005-2006
  • Carolina Ballet, Board of Directors, 2005-2017, Chair, 2011-2015; Development Committee, Chair, 2010-2011
  • Alliance of AIDS Services – Carolina, Board of Directors, Past Member and Chair; Pro Bono General Counsel, 2001-2013
  • Wake County Bar Association, Bench Bar Committee, 2008-2018
  • Susie M. Sharpe Inn of Court, 2000-present
  • Connected Women of North Carolina, Advisory Board, 2010-2012
  • Leadership America - North Carolina, Board of Directors, 2005-2007
  • Trial Law Institute
  • Diversity Law Institute