Cary B. Davis

Corporate & Commercial Litigation

• Successfully pursued claims of a former shareholder for breach of contract and payment of a dividend in North Carolina's Business Court.

• Represented Swiss company and U.S. subsidiary in litigation involving dispute over brokerage fees in connection with the sale of biopharmaceutical inputs; matter resolved on favorable terms upon filing dispositive motions on client's behalf.

• Represented national bank in litigation with automaker's financing division and auto dealerships involving claims for improper check endorsements under Article 4 of the UCC; matter favorably resolved after filing dispositive motion on client's behalf.

Sports & Entertainment Law

• Represents members of prominent NASCAR family in trademark opposition trial before the Trademark Trial and Appeal Board.

• Defended engine supplier in federal court against claims by NHRA team regarding on-track performance issues; achieved favorable settlement after successfully opposing plaintiff's motion seeking leave to amend to add fraud claims.

• Represents NASCAR teams, drivers and sponsors in disputes involving driver replacements, sponsorship agreements and intellectual property issues.

• Represented race team engineer in dispute with team owner over compensation owed under employment contract.

• Represents NASCAR drivers and professional golfers in matters involving defamation and protection of intellectual property rights.

Real Estate, Commercial Leasing & Construction 

• Represented owner of nursing home in action to remove tenant operator; obtained jury verdict in client's favor following two-and-a-half week trial; judgment affirmed in all respects on appeal. GRE Properties Thomasville LLC v. LibertyWood Nursing Center Inc., 761 S.E.2d 676 (N.C. App. 2014).

• Represented developers of master-planned community in litigation initiated by builders during the economic downturn involving claims of alleged misrepresentations regarding infrastructure and amenities.

• Represented real estate purchaser in litigation against seller who refused to deliver deed in connection with multimillion-dollar real estate transaction.

• Represented land owner in dispute with owner of adjacent property over implied easement rights.

• Represented owner of chemical manufacturing plant in arbitration involving claims against general contractor for faulty engineering, design and construction resulting in plant inefficiencies.

• Represents commercial landlords in actions to reclaim possession and recover damages from defaulting tenants.

Insurance Coverage & Counseling 

• Represented insured in successfully establishing insurer's duty to defend underlying litigation as a matter of law. Montgomery Mutual Insurance Co., et al. v. Citadel Management LLC, et al., 2013 WL 6147778 (W.D.N.C. 2013).

Government & Internal Investigations

• Represented manufacturing client in antitrust investigation by the Federal Trade Commission; matter resolved on favorable terms after persuading FTC not to pursue claims under Sherman Act Sections 1 and 2.

• Represented defense contractor in connection with internal investigations related to regulatory compliance issues and disclosure obligations.

• Represented plasma collection firm in connection with state investigation related to regulatory compliance issues.

Biotechnology & Life Sciences Litigation 

• Serves as national litigation coordinating counsel for leading plasma collection firm in connection with defending personal injury and related claims asserted by plasma donors.

• Represented leading research university in connection with claims related to allegations of research misconduct.

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