Represented improperly terminated manufacturing company president in breach of contract and wage and hour claims in state court; secured attachment of over $1.6 million of out-of-state defendant/employer’s in-state bank accounts after filing complaint and then secured recovery for the client of a bonus payment, lump sum severance, elimination of noncompete term, and over $90,000 in attorneys’ fees.

Secured complete dismissal of FLSA collective action filed against restaurant client in federal court without any damages, settlement amounts, or plaintiffs’ attorneys’ fees paid by our client; accomplished dismissal based on plaintiffs’ conduct after the court conditionally certified a class against our client and refused to approve a prior settlement when plaintiffs withdrew their consent. Vazquez-Aguilar v. Gasca, 513 F. Supp.3d 675 (E.D.N.C. 2021); Vazquez-Aguilar v. Gasca, 477 F. Supp.3d 418 (E.D.N.C. 2020).

Secured preliminary injunction in state court enforcing nationwide noncompetition agreement for an industrial air filtration client and prohibiting former executive from going to work for a direct competitor.

Conducted investigation for corporate client in the health care industry into allegations of sexual harassment and discrimination by the corporation's then-executive director. Investigation resulted in the executive director's departure from the company without the filing of litigation by any party.

Secured in Texas state court a monetary payment and permanent injunction barring the use by a former employee of our client's trade secrets in the security fence and security services industry and requiring the former employee not to call on our client's customers.

Successfully defended a physician group in state court against allegations of misappropriating trade secrets and breaching employment contracts; obtained complete dismissal of lawsuit under Rule 37 because of discovery abuses by the plaintiff physician group; obtained judgment of over $144,000 in attorneys’ fees, expenses and costs for our clients. E. Brooks Wilkins Family Medicine, P.A. v. WakeMed, et al., 244 N.C. App. 567, 784 S.E.2d 178 (2016).

Reversed in the North Carolina Court of Appeals a judgment erroneously allowing a claimant to obtain unemployment benefits even though the nursing home client had fired the claimant for cause; prevailed on the basis of properly acknowledging evidence of for cause termination in the record below. Jackson v. North Carolina Dept. of Commerce and Golden Age of Lexington, Inc., 242 N.C. App. 328, 775 S.E.2d 687 (2015).

Prevailed in four-week jury trial for international electronics manufacturer in California state court over allegations of age discrimination and wrongful termination by 67-year-old former employee, with 46 years of experience with the company, following a layoff; successfully defended company and obtained judgment completely vindicating the layoff decision without an appeal being filed.

Secured summary judgment for a publicly traded factory-built housing manufacturer in an executive compensation, ERISA and restraint of trade case in federal court with the judgment affirmed on appeal. Cole v. Champion Enterprises, Inc., 496 F. Supp.2d 613 (M.D.N.C. 2007), aff’d, 2008 WL 5427803, 45 Emp. Benef. Cases 2371 (4th Cir. 2008).

Secured judgment of full amount sought from former nursing home operator in breach of contract case in state court. Prevailed at summary judgment on former operator’s breach of operations transfer agreement and recovered full amount of judgment, including over $100,000 in attorneys’ fees, paid by the operator’s owner and guarantor.

Successfully represented finance company client in an investigation by state banking commission that sought license revocation, entry of a public administrative order, and six-figure civil penalties, but resulted in client paying less than $9,000 in refunds with no order being entered and no civil penalties being imposed.

Successfully obtained expedited discovery and then remand from federal court back to North Carolina's Business Court of a misappropriation of trade secrets, breach of fiduciary duty and misappropriation of corporate opportunity case in the used textile recycling industry. New Friendship Used Clothing Collection, LLC v. Katz, 2017 WL 129016 (E.D.N.C. 2017). Then successfully resisted multiple defendants’ attempts to get the lawsuit dismissed once back in the Business Court. New Friendship Used Clothing Collection, LLC v. Katz, 2017 WL 3601714, 2017 NCBC 71 (N.C. Super. Ct., 2017).   

Successfully resisted defendant's attempt to dismiss a derivative action breach of fiduciary duty case in North Carolina's Business Court involving a real estate development on the grounds that the complaint at issue alleged release agreement relied upon by defendant had been obtained by fraud. Shaw v. Gee, 2016 WL 7435984, 2016 NCBC 101 (N.C. Super. Ct., 2016). At eventual trial of matter in 2018, jury rendered a verdict that defendant had breached his fiduciary duty and fraudulently induced plaintiff to sign the release at issue.

Secured a permanent injunction, the payment of damages and the partial payment of attorneys’ fees in federal court for nationwide security fence and services provider in an action alleging trademark violations, tortious interference, and unfair and deceptive trade practices in advertising. In 2022, obtained an order finding defendants and their owner/operator in civil contempt for violating the permanent injunction. Electric Guard Dog, LLC v. Fence Hawk, Inc., 627 F. Supp.3d 548 (W.D.N.C. 2022). 

Prevailed in two-week jury trial in state court and obtained judgment evicting nursing home operator from premises for breaches of a lease agreement with the judgment affirmed on appeal. GRE Properties Thomasville LLC v. Libertywood Nursing Center, Inc., 235 N.C. App. 266, 761 S.E.2d 676 (2014).

Successfully obtained $1.5 million judgment in federal court in breach of contract action over sale of interests in a telecommunications holding company.

Successfully obtained summary judgment in state court declaring North Carolina’s Installment Paper Dealer Tax unconstitutional and collected judgment for client of over $35.8 million in wrongfully paid taxes, interest and penalties. 

Defended Internet services and hosting provider in an SEC investigation into the operation of an alleged Ponzi scheme that utilized the provider’s services and did so without the filing of any civil enforcement action or the payment of any civil monetary penalty.

Defended in federal court a publicly traded industrial manufacturer in class action litigation alleging securities laws violations and other “tag along” ERISA class claims and secured dismissal of the litigation.

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

Successfully defended publicly traded international textile company and a group of its officers and directors in an SEC investigation for alleged insider trading without the filing of any civil enforcement action or the payment of any civil monetary penalty.

Defended financial services firm and a group of its employees in an SEC investigation for purported securities fraud and did so without the filing of any civil enforcement action or the payment of any civil monetary penalty.

Successfully represented two executives terminated by an international religious ministry for apparently discriminatory reasons in negotiating severance packages and releases.

Successfully represented in state court a church and its parish council against allegations brought by a dissident group of purported church members over the church's administration and a pastor's termination; prevailed on First Amendment grounds by demonstrating that civil courts should not adjudicate the religious dispute. Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church, 249 N.C. App. 236, 790 S.E.2d 570 (2016).

Defended in ecclesiastical proceedings in the Presbyterian Church (USA) a pastor accused of misconduct and secured dismissal of most charges and a result that allowed client to remain in the pastorate.

Successfully mediated a dispute in the Presbyterian Church (USA) involving allegations of sexual misconduct among members of a church's staff.

Secured dismissal on First Amendment grounds of employment law and tort claims filed against a religious institution by a former pastor in federal court. Jacobs v. Mallard Creek Presbyterian Church, 214 F.Supp.2d 552 (W.D.N.C. 2002).