Commercial Litigation

Every business depends on the most fundamental of legal building blocks: contracts. To keep things from going awry – and to right them when they do – businesses rely on us for sophisticated, strategic advice, efficient assistance and zealous advocacy.

When disputes arise, we work to find solutions to enforce your rights or minimize your obligations. For matters that cannot be resolved through negotiation or mediation, our goal is to achieve the optimal outcome for you in a manner that is efficient, expeditious and economically sound. In one recent example, our client was awarded a $37 million jury trial verdict – one of the largest breach-of-contract judgments ever in North Carolina. The verdict was subsequently upheld by the North Carolina Court of Appeals.

We help with all manner of cases involving breach of contract, from basic contract enforcement and collections to bet-the-company lawsuits. Our primary services include resolving disputes that involve construction, financial services, commercial real estate, and contracts between buyers and sellers of goods and services.

We have a deep bench of lawyers with a long tenure in complex commercial litigation. Our litigators have extensive experience appearing before the North Carolina Supreme Court and North Carolina Court of Appeals, as well as statewide experience with the trial court judges in the United States District Court, county Superior Courts and the North Carolina Business Court. Our litigators also have extensive experience in resolving breach of contract claims through arbitration and other forms of alternate dispute resolution.

Disputes Between Buyers and Sellers of Goods and Services, Including:

• Contract disputes
• Warranty claims
• Claims under the Uniform Commercial Code
• Outsourcing disputes
• Professional services and employment disputes
• Payment and performance bond claims
• Architect and engineer claims
• Design professional and contractor licensing issues

Financial Services Disputes, Including:

• Consumer class actions
• Lender liability claims
• Loan contract disputes
• Negotiable instrument disputes
• Letter of credit disputes

Disputes Relating to Perfection and Enforcement of Rights in Collateral, Including:

• Credit card disputes
• Insurance disputes
• Coverage disputes
• Declaratory judgment actions
• Wrongful denial of benefits and bad faith actions
• Agent-company disputes

Your Eye on the Fourth Circuit and the Federal Districts in North Carolina:

U.S. Supreme Court Describes “Ordinary Principles of Contract Law”
February 18, 2015

The Fraudulent Joinder Doctrine...It’s Not Just For Fraud Or Joinder
January 29, 2015

The Federal False Claims Act...Liability Even When There Is No Government Reliance

January 28, 2015

Documents Speak Louder Than Words in Securities Fraud Suit
November, 20, 2014

U.S. Supreme Court Clarifies the Limits of Twombly/lqbal
November, 18 2014

ERISA Case Survives Numerous Procedural Motions
April 11, 2014 

Fourth Circuit Denies Appeal When There are Genuine Issues of Fact on Defendants’ Immunity Defense
April 8, 2014 

Sometimes it’s Just Better to Leave “Well-Enough” Alone
April 8, 2014

Fourth Circuit Affirms Dismissal of Securities Claim Alleging Accounting Fraud
March 25, 2014 

Fourth Circuit Clarifies Pleading Standards and (Again) Rejects Affidavits that Contradict a Party’s Deposition
March 16, 2014

Fourth Circuit Applies “Nerve Center” Test for Diversity Jurisdiction
January 12, 2014 

Fourth Circuit Clarifies the Role of the District Court in a Trademark Civil Action Following a Proceeding Before the Trademark Trial and Appeal Board
January 11, 2014