Representative Experience

• Obtained summary judgment and a final judgment exceeding $295,000 on behalf of elderly investors in a securities fraud action involving violations of the North Carolina Securities Act, fraud, constructive fraud, and breach of fiduciary duty. Dockery v. Wright.*
• Led trial and complex motions team that won and obtained confirmation of a US$14m arbitration award, including damages, attorneys’ fees, and costs, on behalf of a small business wireless retailer client in JAMS arbitration. Wireless World LLC d/b/a Experts Choice v. T-Mobile USA, Inc. and Sprint Solutions, LLC.*
• Represented sellers of a 120-acre tract of real estate slated for commercial development in a dispute arising from a buyer’s refusal to close, obtaining judgment on the pleadings, release of escrowed funds, and freedom to enter into a subsequent sale agreement at a substantially higher purchase price. Pace Development Group, Inc. v. Howey, et al.*
• Represented a condominium association in litigation involving the defective design and construction of six luxury condominium buildings, resulting in a settlement exceeding US$3m and a near-full recovery of repair costs.*
• Represented Native American landowners in federal trespass and condemnation litigation involving the continued operation of a natural gas pipeline after an easement expired, obtaining favorable trial court and appellate rulings. Marcia W. Davilla, et al. v. Enable Midstream Partners, L.P., et al.; Enable Oklahoma Intrastate Transmission LLC v. 25 Foot Wide Easement.*
• Defended Broyhill Furniture Industries in a breach of contract action, obtaining summary judgment that was subsequently affirmed by both the North Carolina Court of Appeals and North Carolina Supreme Court. Micro Capital Investors, Inc. v. Broyhill Furniture Industries, Inc.*
• Represented BB&T in litigation arising from a mixed-use real estate development project, securing dismissal of claims seeking more than US$30m in damages and affirmance on appeal. North Carolina II LP and Apex First Development, LLC v. BB&T.*
• Successfully defended North Carolina shopping center developers in arbitration against claims by a commodities hedge fund seeking recovery under a guaranty agreement.*
• Represented BB&T in a trade secrets and loan repayment dispute against a former employee, obtaining directed verdicts on the bank’s claims and dismissal of all counterclaims. Branch Banking and Trust Co. v. Sherwood.*
• Represented directors and officers of a publicly traded company managing senior living facilities in a shareholder derivative action, obtaining dismissal of all direct claims.*
• Defended DISH Network against indemnification and unfair trade practices claims arising from the unauthorized commercial broadcast of pay-per-view boxing matches, obtaining dismissal of all claims.*
• Represented Lowe’s Companies, Inc. in a business tort and contract dispute brought by a former service provider, obtaining summary judgment dismissing 29 of 30 claims. Performance Sales & Marketing, LLC, et al. v. Lowe’s Cos., Inc.*

*Matters handled prior to joining Foley.