Represented Family Dollar as the plaintiff in a breach of contract and unfair and deceptive trade practices case arising from a vendor’s premature termination of a contract and failure to pay for accrued rebate hours. Family Dollar Operations, Inc. v. Driveline Retail Merchandising, Inc., No. 3:17-cv-00054-FDW-DSC (W.D.N.C.).

Represented health insurer operating in North Carolina in the North Carolina Business Court in a putative class action brought by chiropractors alleging antitrust, unfair and deceptive trade practice, breach of fiduciary duty, and declaratory judgment claims arising out of payors’ relationship with an intermediary managing their chiropractic provider networks. Obtained Rule 12(b)(6) dismissal; matter affirmed on appeal.

Represented Plaintiff Neusoft Medical Systems, U.S.A., Inc. in a lawsuit involving claims of conversion, violation of the Computer Fraud and Abuse Act, misappropriation of trade secrets, unjust enrichment, and violation of North Carolina’s Unfair and Deceptive Trade Practices Act. The case also had significant issues regarding the enforcement of international arbitration agreements and the relationship between a Chinese medical equipment manufacturer and a U.S. distributor that were appealed to the U.S. Supreme Court. Neusoft Medical Systems, U.S.A., Inc. v. Neuisys, LLC, et al., Civil Action No. 11-CVS-11405 (Guilford County Superior Court).

Represented enrolled members of the Comanche, Caddo, Apache, Cherokee, and Kiowa Tribes of Oklahoma, who own a trust allotment outside of Anadarko, Oklahoma, in actions for trespass and condemnation arising from the continued operation of a natural gas pipeline for more than 16 years after the easement expired. After being turned away by multiple firms, the landowners approached Kilpatrick Townsend, who agreed to take the case. We obtained dismissal of the gas company’s condemnation claims, and the federal district court for the Western District of Oklahoma entered summary judgment against the gas company for trespass. On appeal, the Tenth Circuit affirmed the dismissal of the condemnation claims and affirmed summary judgment on trespass. Marcia W. Davilla, et al. v. Enable Midstream Partners, L.P., et al., No. 5:2015cv01262 (W.D. Okla. 2016); Marcia W. Davilla, et al. v. Enable Midstream Partners, L.P., et al., No. 17-6088 (10th Cir. 2019); Enable Oklahoma Intrastate Transmission LLC v. 25 Foot Wide Easement, No. 17-6188 (10th Cir. 2018).

Represented the sellers of a 120 acre tract of real estate slated for commercial development in Union County, North Carolina. After prolonged due diligence, the buyer repeatedly refused to close on the sale and filed suit to require the sellers to indefinitely hold the property for an eventual closing after all development permits were approved by the City of Monroe. After filing counterclaims based on the buyer’s refusal to close on the sale, we moved for judgment on the pleadings on all claims. That motion was granted in the sellers’ favor, and they were freed from the original contract and the court ordered the due diligence deposit to be released to our clients from escrow. Shortly thereafter, the sellers signed a new contract for an approximately one-third increase in the sale price. Pace Development Group, Inc. v. Howey, et al., 20 CVS 2572, Superior Court, Union County, NC.

Lead associate in complex trade secret misappropriation lawsuit in North Carolina Business Court against client’s former head of research and development. Worked closely with computer forensic experts to uncover misappropriation of 4,000 product formulas and spoliation of evidence. Obtained a temporary restraining order and a preliminary injunction.

Defended transportation company in federal court from claims arising from $22 million deal, including breach of a non-disclosure agreement and confidentiality obligations, fraud, negligent misrepresentation, and deceptive trade practices. Briefed motion to dismiss seven of the eight claims, which was granted in full, and plaintiff then voluntarily dismissed its remaining claim.

Defended in North Carolina Business Court multiple former officers and directors of Consert, Inc., the company who acquired Consert, Inc., an investment bank, and other parties against various claims brought by former shareholders of Consert, Inc. including breach of fiduciary duty, fraud, violation of the North Carolina Securities Act, conversion, and violation of North Carolina’s Unfair and Deceptive Trade Practices Act related to the merger of Consert, Inc. into another company. The North Carolina Business Court granted 10 defendants’ motions to dismiss.