NewDominion Bank v. Mariello (2010) – Represented lender in an action against two borrowers who defaulted on their real estate development loan and then conveyed the collateral to a limited liability company they created. After the foreclosure, at which the lender was the sole bidder and therefore became the owner of the property, represented the lender in obtaining a judgment for the deficiency owed. Faced with a unique issue under North Carolina law, successfully argued to the trial court that the borrowers, having conveyed the property prior to foreclosure, should not be able to avail themselves of a statutory defense that protects borrowers. Currently, North Carolina law allows borrowers to defend against a deficiency claim by arguing that the bank’s foreclosure bid was too low. Without such a defense, judgment was entered in favor of the bank.

Benton v. Lally et al., (2010) – Represented custom home builder in a negligence action arising from an injury on a construction site.  The plaintiff, an employee of a framing subcontractor, was seriously injured when he fell through a first-floor hole onto a concrete basement floor.  The plaintiff alleged that the client-builder knew that a dangerous condition existed on the site and failed to take reasonable steps to minimize the danger.  At the time of the accident, the framers were the only workers on site.  At trial, the undisputed evidence showed that plaintiff’s employer was aware of the alleged danger and warned all the other framing employees, but failed to warn plaintiff, who was new to the site.  Absent an exception, in North Carolina there is no duty for the general contractor to keep a job site safe for the employees of subcontractors.  The builder also denied knowing of the alleged danger.  After a week-long trial, the Plaintiff asked the jury for over $750,000 in damages. Finding in favor of the client-builder, the jury found the client was not negligent and awarded the plaintiff nothing. The court also awarded litigation expenses to client.

 Governors Court Condominium Association, Inc. v. John S. Clark Company, LLC (2009-2010) - Counsel for an aluminum railing installer that was alleged to have been a successor-in-interest to the company that installed balcony railings on a condominium complex in downtown Greensboro.  The homeowners association contended that the railings were improperly installed, resulting in water intrusion to the condominiums.  The client, which had purchased the assets of the original installer after the project was completed, contended it was not liable for that installer's prior acts.  After an expedited limited discovery process into the issues of successor liability, the North Carolina Business Court granted summary judgment in the client's favor. 

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. 

Gough v. Bernhardt & Strawser, P.A., 2006 U.S. Dist. LEXIS 47785 (M.D.N.C., June 30, 2006) - Counsel for law firm and attorneys accused of violating Fair Debt Collection Practices Act. Obtained dismissal of all allegations on behalf of clients.

Lee v. Wike, (Alexander County Superior Court, 2002-2005) - Counsel for national poultry processor in suit against it and local chicken farmers.  Suit alleged that two chicken houses constituted a nuisance and a trespass to the plaintiffs' property, resulting in adverse health effects.  After a three-and-a-half week trial, obtained a jury verdict for client on all counts.

Speaking Engagements
Served as Moderator for panel discussion, "Practical Guide to Corporate ediscovery," October 5, 2010