Representative Matters

Current Matters

  • Lead counsel in Scion NeuroSlim, LLC v. Technosoft Innocations, Inc. pending in NC Business Court involving claims for breach of warranty related to defectively manufactured medical devices for use in treating neurological diseases
  • Lead trial counsel in ACZ Laboratories, Inc. v. Accelerated Technology Laboratories, Inc. representing Colorado company in AAA commercial arbitration proceeding, including six-day evidentiary hearing involving complex Laboratory Information Management software licensing agreement and its breach
  • USA-KY, LLC & Rajan KY LLC v. Philip Morris USA Inc., Altria Client Services LLC, representing defendants in action filed in Boyle County Circuit Court in Kentucky related to alleged breach of contracts filed in 2016
  • Rigby and Georgia Florida Tobacco Exchange, Inc. v. Philip Morris USA Inc. and Altria Client Services Inc., representing defendants in multimillion-dollar commercial litigation removed to the Southern District of Georgia in 2013, including discovery and a summary judgment hearing leading to entry of summary judgment, 2016 WL 7508088 (S.D. Ga. Sept. 23, 2016), including responding to appeal and arguing in the 11th Circuit Court of Appeals, 717 Fed. Appx. 834 (11th Cir. 2017)
  • BASF Agro B.V., et al. v. Makhteshim Agan of North America, Inc. and Control Solutions, Inc., patent infringement litigation including preliminary injunction evidentiary hearing and summary judgment hearing, see BASF v. Makhteshim, 2012 U.S. Dist. Lexis 10991, appeal, and on-going litigation and multiple evidentiary hearings before Judge Osteen on contempt motions
  • Representing Atlantic Coast Conference in antitrust class actions relating to alleged antitrust violations and rights of publicity of student athletes in multiple jurisdictions
  • Representing Syngenta Crop Protection AG in North Carolina relating to allegations concerning genetically modified corn seed
  • The Moses H. Cone Mem. Hospital Operating Corp. d/b/a Cone Health v Conifer Physician Services, Inc. f/k/a SPi Healthcare, represented Cone Health in multimillion-dollar breach of contract action related to professional billing services for physician practice filed in the Middle District of North Carolina in 2013, with the case settling on the eve of trial in April 2017 after extensive discovery and motion practice, including summary judgment motions filed by both parties, see 2017 WL 1378144 (M.D.N.C April 11, 2017), in which the Court denied SPi’s motion for summary judgment and granted in part Cone Health’s motion limiting damages

Additional Cases

  • Fontem Ventures B.V., et al. v. Nu Mark LLC, defended Nu Mark in patent infringement suits transferred to the Middle District of North Carolina in 2016
  • SmithKline Beecham Corp. v. Abbott Laboratories, representing defendant in action transferred to Middle District of North Carolina involving allegations of breach of a patent licensing agreement related to HIV drugs
  • Duke University and Allergan, Inc. v. Apotex, Inc., Apotex Corp.,patent infringement action in the Middle District of North Carolina
  • Teva Pharmaceuticals USA, Inc., et. al. v. Synthon Pharmaceuticals Inc., et. al., filed patent infringement action in Middle District of North Carolina in Nov. 2014
  • New London Tobacco Mkt., Inc. v. Philip Morris USA Inc., No. 3:13-CV-081, 2013 WL 2112362 (E.D. Tenn. May 15, 2013),commercial litigation removed to the Eastern District of Tennessee in 2013 and dismissed
  • Nesher Pharmaceuticals (USA), LLC, v. Qualicaps, Inc., commercial litigation under the Uniform Commercial Code removed to Eastern District of Missouri in 2012 and resolved in 2014 after Daubert briefing and motion for summary judgement filed
  • Represented Saxon Mortgage Services, Inc. in numerous predatory lending and unfair debt collection matters in NC, SC and GA.
  • North on behalf of NLRB v. Grede II, LLC, defended motion for temporary restraining order and injunction in M.D.N.C.
  • Pawlaczyk, et al. v. Navistar, Inc. et al., local counsel in class action filed in W.D.N.C.
  • First Community Bank v. Community Trust and Banking Co.,commercial dispute over syndicated loan participation agreement filed in state court in 2010, resolved by arbitration decision in 2012
  • Campbell Sales Group, Inc. d/b/a Leather Italia USA v. Gramercy Park Designs, LLC, et al., 2010 WL 3945350 (M.D.N.C. Oct. 6, 2010), defense of alleged trade dress claims related to leather sofa design including preliminary injunction hearing
  • Advantage Media Group d/b/a Legacy Publishing Co. v. Debnam, (M.D.N.C.), filed copyright infringement action in 2010
  • Pellegrin v. National Union Fire Ins. Co. of Pittsburgin E.D.N.C. resolved in 2010
  • Southeastern Agency Group, Inc. v. Vickie Chambers, et al., obtained temporary restraining order and preliminary injunction against former employee in state court in 2010 and resolved in 2011
  • State v. Philip Morris USA Inc.,363 NC 623, 685 S.E.2d 85 (2009), $25 million commercial dispute involving National Tobacco Grower Settlement Trust
  • Philip Morris USA Inc. v. Renegade Tobacco Co., et al.,obtained consent judgment in trade mark and trade dress infringement action in M.D.N.C. in 2007
  • Neese v. Johanns, et al., 450 F. Supp. 2d 632 (W.D. VA 2006), affirmed 518 F.3d 215 (4th Cir. 2008) - represented Philip Morris USA Inc.
  • Volumetrics Medical Imaging v. Medison America, Inc., et al.,(M.D.N.C.), defense of patent infringement action in connection with 3D and 4D medical ultrasound equipment filed in 2005 and resolved in 2010
  • KMart Corp. v. Philip Morris USA Inc.,(N.D. Ill.), an adversary proceeding in federal bankruptcy court in Chicago involving commercial dispute resolved in 2006
  • State of North Carolina, et al. v. Philip Morris, et al., 2004 NCBC 9 (12/23/04) 2004 WL 2966013 (N.C. Super.), also reported at ncbusinesscourt.net, commercial dispute involving the multi-billion dollar National Tobacco Grower Settlement Trust
  • DeLoach, et al. v. Philip Morris USA Inc., et al., antitrust class action brought by hundreds of thousands of tobacco growers and quota holders, related to federal tobacco program and auction system, see, e.g., 391 F.3d 551 (4th Cir. 2004)
  • R.J. Reynolds Tobacco Co., et al., v. Philip Morris Incorporated, 199 F. Supp. 2d 362 (M.D.N.C. 2002), aff'd per curiam 67 F. Appx. 810 (4th Cir. 2003), antitrust action involving retail merchandising incentive program seeking billions in damages
  • P. Gregory Myers, Southeastern Agency Group, Inc., Forestry Insurance Group, Inc., and Worldwide Insurance Network, Inc. v. Douglas S. Witcher, et al., commercial dispute between equal shareholders resolved in the N.C. Business Court in 2002, reported at ncbusinesscourt.net
  • Starling v. American Golf Corp., serious personal injury case tried to jury verdict in North Carolina Superior Court in 1998
  • Ameritek, Inc. v. Carolina Lasercut Corp., 99 F. 3d 1160 (Fed. Cir. 1996), jury trial in MDNC and appeal of patent infringement claims
  • Professional Mobile Home Brokers, Inc. v. Security Pacific Housing Services, Inc., 53 F. 3d 329 (4th Cir. 1995), 1995 WL 255937, trial and appellate counsel in contract dispute involving complex mobile home financing
  • Represented numerous builders in hundreds of cases throughout North Carolina involving synthetic stucco or Exterior Insulation Finish System ("EIFS") from 1996-2000