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Practice Description:
Dave brings substantial experience to his clients in the area of complex commercial disputes. That experience includes non-compete agreements, trade secrets, real estate and construction-related matters, business disputes involving closely held companies, equipment lease disputes, unfair trade practices, and executive-level employment and compensation issues.
Representative Matters:
Dave has successfully represented clients in diverse businesses such as construction material and chemical manufacturing; commercial equipment leasing; lending and financial services; commercial and residential property owners; contractors, landlords and tenants; commercial property managers; and insurance agents and agencies. Dave has also successfully represented several clients in litigation matters in which his corporate client’s future revenues were dependent upon obtaining a favorable outcome.
Obtained award in excess of $10.6 million, including attorneys' fees and costs, on behalf of borrowers in arbitration proceeding commenced by lender (a national bank) seeking recovery against borrowers on a promissory note in excess of $12 million secured by pledged stock and real property.
Successfully represented a shipping/marine group vessel remarketing agent sued for breach of contract relating to an oil tanker charter dispute; favorable jury verdict was obtained in a week-long jury trial in federal district court, plaintiffs’ claims were denied, and client was awarded monetary damages.
Successfully prosecuted motions for temporary restraining order and preliminary injunction on behalf of a countertop manufacturer against a former employee that misappropriated company property and proprietary corporate data.
Successfully prosecuted motions for temporary restraining order and preliminary injunction on behalf of a chemical manufacturer against a former employee that was interfering with customer relationships.
Successfully defended an environmental services/waste management company against a motion for a temporary restraining order sought by a direct competitor in a case involving employee confidentiality agreements and alleged misappropriation of trade secrets.
Obtained favorable settlement on behalf of a publicly traded company involving the breach of lease agreement in a case against a regional shopping mall.
Representation of insurance agents and agencies involving non-compete agreements and misappropriation of trade secrets claim.
Representation of a steel fabricator involving payment bond claims on state and federal construction projects.
Special counsel to a receivership estate involving the wind down and liquidation of a company with over one hundred interested parties.
Served as local counsel for the Creditors Committee in preference actions involving a large construction conglomerate in its Chapter 11 liquidation.
Publications:
The Computer Fraud and Abuse Act: Recent Decisions Mean Business, Notes Bearing Interest Publication by NC Bar Association, January, 2001.
Receivership Offers Many Benefits, Charlotte Business Journal, Business of Law Special Edition, April, 2008.
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