AA Contact info

Deborah J. Smith
Phone: 919.838.6632
Fax: 919.821.6800
djsmith@smithlaw.com

Practice Areas

Bar & Court Admissions

  • U.S. District Courts for the Eastern, Middle and Western Districts of North Carolina
  • All North Carolina State Courts

Education

University of North Carolina, J.D., 1992

University of Missouri-Columbia, B.J., 1982

  • Kappa Tau Alpha
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Scott A. Miskimon

Partner
  • 150 Fayetteville Street, Suite 2300
    Raleigh, North Carolina 27601
  • Phone: 919.821.6691
  • Fax: 919.821.6800

Scott Miskimon is a commercial litigator who prosecutes and defends significant business disputes in state and federal court. Scott chairs Smith Anderson’s real estate litigation group, and a large part of his practice involves commercial real estate litigation, and land-use and zoning litigation. He is the co-author of the authoritative treatise North Carolina Contract Law, which he updates annually, and which has been frequently cited and quoted by North Carolina’s appellate courts.

Scott is broadly experienced in litigating and arbitrating significant contract disputes and business tort actions, and has represented a variety of buyers and sellers of real estate, commercial landlords and tenants, construction companies, manufacturers, technology companies, employees, employers, real estate brokers, and securities firms and brokers. He also is experienced in litigating trusts, wills and other estate matters. In addition to his litigation and business risk management practice, Scott serves clients with transactional needs, including research and development agreements, distribution agreements, commercial leases, employment agreements and covenants not to compete.

Scott joined Smith Anderson in September 2001 after practicing as a commercial litigator for nine years with Howard, Stallings, From & Hutson, P.A. in Raleigh. Prior to becoming an attorney, he was an Emmy-award winning television photojournalist.

Professional & Community Affiliations

  • North Carolina Bar Association
    • Litigation, Business Law and Construction Sections
    • Member, Attorneys’ Fees Working Group (preparing proposed legislation for enforcement of contractual attorneys’ fees provisions)
    • Member, Construction Section (preparing bar-approved form construction contracts)
  • Wake County Bar Association
  • Member, Hugh Morson Scholarship Committee
  • Board of Trustees, North Carolina Supreme Court Historical Society (three year term beginning January 2012)
  • Speaker and writer on topics regarding the American Revolution and early North Carolina history

Honors & Awards

  • Benchmark Litigation, North Carolina State Litigation Star (2015)
  • The Best Lawyers in America©, Commercial Litigation; Litigation - Real Estate (2013-2017)
  • North Carolina Super Lawyers (2014-2016)
  • Martindale-Hubbell AV Rated (very high to preeminent)
  • North Carolina Contract Law (Lexis 2001 & annual cumulative supplements)
  • North Carolina Law Review, Board of Editors

Experience

  • Obtained a multi-million-dollar international arbitration award for the breach of a contract for the sale of goods on behalf of a national food manufacturer who had outsourced production to an international vendor, and defeated the vendor’s multi-million-dollar counterclaim
  • Obtained an order of specific performance on behalf of a buyer compelling the seller to convey a tract of valuable commercial real estate located in downtown Raleigh, North Carolina
  • In a number of cases that settled at mediation, obtained title to land on behalf of clients who asserted claims for breach of contract, fraud, undue influence, lack of capacity and/or duress
  • Defeated a multi-million-dollar damages claim asserted against a seller of commercial real estate
  • Defeated a commercial tenant's tortious interference and unfair trade practice claims asserted against a shopping center landlord regarding a multi-million-dollar lease termination fee
  • Obtained a declaratory judgment on behalf of 18 insurance companies declaring that they were not liable on thousands of separate property damage claims
  • Obtained a reversal of a municipality’s decision denying a special use permit to a shopping center developer
  • Obtained a mandatory injunction on behalf of a national retailer compelling its developer to provide documents to a municipality so that the client could receive a certificate of occupancy and open its new store

Selected Appellate Decisions

News

Publications

  • Co-author and Editor, North Carolina Contract Law (Lexis, 2001 & 2012 Cumulative Supplement)

Webinars

Events

  • Speaker, Hot Topics in Business Dispute Litigation, Continuing Legal Education presentation to the North Carolina Bar Association 2016 Antitrust & Complex Business Disputes Law Section Annual Meeting, February 11, 2016
  • Speaker, Commercial Contracting:  Landmines, Pitfalls and Risk Management, presentation to the Triangle Chapter of the Institute of Supply Management, January 8, 2013
  • Speaker, Hot Topics in Contract Litigation, Continuing Legal Education presentation to the North Carolina Bar Association Litigation Section Annual Meeting, June 21, 2012
  • Speaker, Summary Judgment and Contract Litigation: The Why, When and How, Continuing Legal Education presentation, May 30, 2012
  • Speaker, North Carolina Lawyers and the American Revolution, 20th Annual Meeting of the North Carolina Supreme Court Historical Society, October 27, 2011
  • Speaker, Commercial Contracting: Top Ten Landmines for Litigation, Continuing Legal Education presentation to the Triangle Chapter of the Association of Corporate Counsel, September 21, 2011
  • Speaker, North Carolina Lawyers and the American Revolution, Continuing Legal Education presentation at the University of North Carolina’s annual Festival of Legal Learning, William Friday Center, February 11, 2011
  • Speaker, Contracts, Continuing Legal Education presentation to the NCBA’s Practical Skills Workshop, NC Bar Center, September 21, 2006