Joshua B. Durham

Partner

Areas of Experience

Services
Appellate
Business Litigation
Construction Law
Financial Transactions Litigation
General Litigation
Professional Liability/Licensing
Industries
Construction
Real Estate

Education

Campbell University, JD, 1998, summa cum laude

Valedictorian

Editor-in-Chief, Campbell Law Review

North Carolina State University, BA, 1994

Professional and Community Activities

North Carolina Bar Association

Frequent speaker at seminars involving Fair Debt Collection Practices Act, Fair Credit Reporting Act, Small Claims Court in North Carolina, Remedies for Bad Checks, and North Carolina Construction Lien Law

Recent Publications

Notable Accomplishments

Jurisdictions Licensed

301 S. College Street, Suite 2300, Charlotte, NC 28202	t: 704.342.5284	\|	email
	f: 704.342.5264	\|	vcard

Josh’s practice is devoted entirely to litigation and trial work in the areas of real estate, business, and professional malpractice. In his real estate practice, Josh regularly represents real estate firms, brokers, and salespersons in a wide number of matters, including commission disputes, matters before the local and state licensing boards, and suits alleging fraud and negligence against listing and selling agents. His business litigation practice involves a wide variety of business-related disputes, including breach of contract, unfair trade practices, misappropriation of trade secrets, breaches of covenants not to compete, and defamation. Josh also has a significant amount of experience in representing professional liability insurance companies and their insured in legal and real estate malpractice actions.

Representative Experience

Speed Trac Technologies, Inc. v. Estes Express Lines (2007-2009) - Lead counsel for national trucking company in defense of complex trade secret litigation. The plaintiff, a technology solutions vendor, alleged that the client misappropriated trade secrets, breached the parties' nondisclosure agreement, and committed unfair and deceptive trade practices. The plaintiff sought to recover millions of dollars in damages. After extensive discovery, including over thirty depositions in ten states, successfully argued to the United States District Court for the Western District of North Carolina that the plaintiff's case should be dismissed as a matter of law.

Harris v. Matthews, 361 N.C. 265, 643 S.E.2d 566 (2007) - Counsel for church pastor in lawsuit arising from internal church governance dispute. The plaintiffs, representing the minority of the congregation, sued the pastor and other church officials for alleged mismanagement of church resources. Successfully argued to the North Carolina Supreme Court that the trial court did not have jurisdiction over the case, as the First Amendment prohibits involvement in matters of religious doctrine and practice.

James v. Katz, (Charlotte Mecklenburg Community Relations Committee, 2007) - Counsel for listing agent accused of violating Fair Housing Act by discriminating against a prospective buyer. Successfully defended agent in proceedings before the Community Relations Committee.

read all representative experience

Firm Management Responsibilities

Josh is Co-Chair of the firm's Litigation Section.