David Dreifus
3600 Glenwood Avenue

Raleigh, NC 27612

Direct: 919.783.2817

Fax: 919.783.1075

ddreifus@poynerspruill.com

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Areas of Practice

Financial Transactions Litigation, Business Valuation Disputes, Shareholder Disputes, Trademark Litigation, Accounting Disputes, Class Action Litigation, Securities Litigation

Education

J.D., With Distinction, Duke University, 1980

  • Order of the Coif

B.A., Magna Cum Laude, Tufts University, 1974

Profile

David is Chair of the firm’s litigation section and has over 25 years of experience litigating complex business cases in state and federal courts. David focuses his practice on disputes between buyers and sellers of businesses, disputes among owners of businesses, disputes involving banking, securities and accounting issues, and the defense of class actions. He regularly represents individuals, local businesses, national and international corporations, and financial institutions. David has been with Poyner & Spruill since 1988.

Recent Cases of Note

Dickerson v. RBC Centura Securities (NASD arbitration) (2006)

  • Won defense verdict of no liability in customer claim for unsuitability

Sleepworks, Inc. v. Carolina Diagnostics, Inc. (Wake County Superior Court) (2005)

  • Defeated motion for preliminary injunction seeking to prevent sale of business to competitor

Carolina Women's Wellness Center v. Professional Management Healthcare Consultants, Inc. (Wake County Superior Court) (2005)

  • Counsel for medical practice in suit against accountant and business consultant for management of practice's retirement plans. Recovered 95% of losses incurred by practice.

Glennview Memorial Park, Inc. v. Nationwide Mutual Insurance Co. (Wake County Superior Court) (2005)

  • Won summary judgment and recovered fees against insurer who refused to defend claims against cemetery related to alleged improper removal of a grave marker

Couch v. Saturn of Raleigh (Durham County Superior Court) (2004)

  • Counsel for Saturn of Raleigh in class action related to sale of extended warranties. Case settled without payment of damages to plaintiff class.

Poulsen v. American Partners (AAA arbitration) (2003)

  • Won $1.5 million judgment for minority owners based on fraud of majority owner in real estate investments.

ePlus v. RBC Centura Bank (AAA arbitration) (2002)

  • Counsel for RBC in $20 million dispute concerning value of leasing business purchased by ePlus from RBC. Case settled for fraction of claim on eve of arbitration hearing.

Tri-Center v. IBM (U.S. District Court, Middle District of North Carolina) (2002)

  • Counsel for IBM in $10 million lease dispute over alleged improper lease termination. Case settled for fraction of claim at mediation.

Parker v. General Electric, 247 F.3d 543 (4th Cir., 2001) (U.S. District Court, Eastern District of North Carolina; U.S. Bankruptcy Court, District of Delaware; Robeson County Superior Court)

  • Counsel for Ted Parker (seller) in $50 million valuation and fraud dispute with General Electric that was simultaneously litigated in three different courts related to GE’s purchase of mobile home retail sales business. Case settled at mediation after 4th Circuit affirmed dismissal of GE’s RICO and securities claims against Parker.

Maynard v. Amerada Hess Corporation, et. al (New Hanover County Superior Court) (2000)

  • Counsel for Phillips Petroleum in statewide class action for alleged MTBE contamination to ground water wells. Case settled after class certification motion was defeated.

Armstrong v. Leith, Inc., 1999 U.S. Dist. LEXIS 12770 (U.S. District Court, Eastern District of North Carolina) (1999)

  • Won summary judgment for automobile dealer (Leith) in Consumer Leasing Act class action.

Granutec, Inc. v. Aetna and St. Paul Fire & Marine Ins. Co., 1998 U.S. Dist. LEXIS 3527 (1998) (U.S. District Court, Eastern District of North Carolina)

  • Won summary judgment and recovered attorneys’ fees for generic pharmaceutical manufacturer against insurers who refused to defend claims for trademark and trade dress infringement

Fountain Powerboats, Inc. v. Michael Jordan (U.S. District Court, Eastern District of North Carolina) (1998)

  • Counsel for Michael Jordan in trademark infringement action for unauthorized use of Mr. Jordan’s name and image. Case settled at mediation.

Byers, et al v. Centura Bank, 123 N.C. App. 689, 474 S.E.2d 404 1996 (1996) (North Carolina Business Court)

  • Counsel for Centura Bank in class action challenge by depositors to acquisition of mutual savings bank. Case settled while summary judgment motion was pending.

McNeil, P.P.C. v. Granutec, Inc., 919 F. Supp. 198 (E.D.N.C. 1995) (U.S. District Court, Eastern District of North Carolina) (1995)

  • Counsel for Granutec (manufacturer of generic OTC pharmaceutical products) in trade dress/false advertising case related to advertising and appearance of store brand pharmaceutical products

Professional/Community Activities

North Carolina Bar Association

  • Appellate Rules Committee, 1987 - 1991

Treasurer and Member of Board of Directors of Beth El Synagogue

Notable Accomplishments

Ranked among Law & Politics magazine's North Carolina “Super Lawyers,” (Business Litigation) 2006 - 2008

"Going with the grain: An Interview with David Dreifus" from the Independent Weekly

Publications

Insurance for "Advertising Injury Liability" Provides Coverage for Trademark and Trade Dress Infringement Claims, IP Links, NCBA Intellectual Property Section, Vol. 8, No. 3, May 1997

Civil Rico After Sedima, The Litigator, NCBA Litigation Section, Vol. 7, No. 2, February 1987

Prior Legal Experience

Hunton & Williams (Raleigh, NC) 1981 - 1987

Law Clerk to the Honorable Bailey Brown, U.S. Court of Appeals for the Sixth Circuit, 1980-81

Firm Management Responsibilities

Litigation Section Chair

Other Reported Cases of Note

Underwood v. Northwestern Mut. Life Ins. Co., 2002 N.C. App. LEXIS 2035 (2002)

Mallad v. Golden Corral Franchising Sys., 1997 U.S. Dist. LEXIS 14500 (E.D.N.C. 1997)

Baja Int'l v. Kia, No. 1996 U.S. Dist. LEXIS 3279 (E.D.N.C. 1996)

Thompson Cadillac-Oldsmobile v. Oldsmobile Div. of Gen. Motors, 337 N.C. 806; 449 S.E.2d 758 (1994)

North Carolina Eastern Municipal Power Agency v. Wake County, 100 N.C. App. 693, 398 S.E.2d 486 (1990)

Blow v. Shaughnessy, 88 N.C. App. 484, 364 S.E.2d 444 (1988)

Long Island Lighting Co. v. Transamerica Delaval, 646 F. Supp. 1442 (S.D.N.Y. 1986)

Sperry Corp. v. Lynch, 76 N.C. App. 327, 332 S.E.2d 757 (1985)

In re Appeal of Champion International Corp, 74 N.C. App. 639, 329 S.E.2d 691 (1985)

Jones v. Gwynne, 64 N.C. App. 51, 306 S.E.2d 574 (1983), affirmed in part and reversed in part, 312 N.C. 393, 323 S.E.2d 9 (1984)

Jurisdictions Licensed

North Carolina (all state and federal courts); United States Court of Appeals for the Fourth Circuit; United States Tax Court; United States Supreme Court