Areas of Practice
Environmental Law, Commercial Litigation, Local
Cable/Telecommunications Regulation
Education
J.D., University of Virginia, 1989
B.A.,
University of North Carolina, 1985
Profile
Environmental
Keith represents buyers, sellers and lenders
regarding environmental issues in real property transactions. He has
extensive experience representing municipalities and private developers
who re-develop contaminated property or "brownfields." He also
represents developers regarding wetland and stream impacts. The
State programs he has assisted clients with include: underground storage
tank cleanup/funds, brownfields agreements, dry-cleaning solvents, and
manufactured gas plants and other inactive hazardous sites. He also has
jury trial experience litigating issues arising from contaminated
property. His environmental litigation experience includes representing
defendants in environmental citizens suits, and in penalty and other
enforcement actions initiated by State environmental authorities.
Litigation
- Keith also has extensive trial and arbitration experience
in the areas of financial transaction litigation, trademark
infringement, nuisance and land use disputes, land development and other
real estate disputes, and premises liability.
Local Cable/Telecommunications
- Keith represents municipalities
in regulating cable, telecommunication and utility companies’
systems in municipal street rights-of-ways. His experience includes
representing clients regarding cable "overbuild" projects.
He has also advised municipalities regarding utilization of their own
communications networks.
Recent Cases of Note
Obtained $1.5M judgment in arbitration for minority investors in
business fraud case. (2003)
Obtained judgment shutting down a racetrack in nuisance suit, after
bench trial. (2003)
General Electric Capital Funding
Corp. v. Golden Corral Corp., 2001 U.S. App. Lexis 27344 (4th
Cir. 2001)
- Won summary judgment for franchisor who was sued by franchisee’s
lender to recover franchisee’s debt.
Davis v. City of Mebane, 132 N.C. App.
500, 512 S.E.2d 450 (1999)
- Successfully moved to strike opponent’s expert’s opinions and won
summary judgment in flood case.
Successfully defended contractor in jury trial arising from lead paint
abatement contract. (1996)
General Textile
Printing and Processing Corporation v. City of Rocky Mount, 908 F. Supp.
1295 (EDNC 1995)
- Won summary judgment for municipality in suit challenging
constitutionality of profit margin in utility fees.
Professional and Community
Activities
Board of Directors, YMCA of the Triangle
Board of Advisors, Raleigh Chamber of Commerce
Member, National Association of Telecommunications Officers &
Advisors
Member, North Carolina Association of Municipal Attorneys
Notable Accomplishments
Recognized in The Best Lawyers in America®
(Environmental Law), 2008
Recognized in Business North Carolina Magazine’s "Legal Elite"
(Environmental), 2003, 2007, 2008
Selected to Triangle Business Journal’s "40 Under 40," 2002
Ranked among Law & Politics
magazine's North Carolina “Super Lawyers" (Business Litigation), 2006
- 2008
Publications
The 2006 Amendments to the Landfill Franchise Statute and the Pending
Solid Waste Act of 2007, July 2007
Overview of
Small Business Liability Relief and Brownfields Revitalization Act, 2004
Environmental Due Diligence in Evaluating Real Property for
Acquisition, 2003
Legal Issues Facing Municipalities in North Carolina
Regarding Public and Private Broadband Fiber Optic Systems and Cable and
Telecommunications Services, 2001
Environmental Enforcement Through Citizens Suits, 1997
Case Studies and Lessons Learned from Environmental Phase 1
Litigation
Governmental Tort Liability Update, 1997
Prior Legal Experience
Law Clerk, United States District Court,
Eastern District of Louisiana, 1990
