Areas of Practice
Corporate, LLC, and Partnership Disputes
When serious disagreements arise between and among the owners of businesses, the parties need counsel skilled and experienced in resolving complicated intra-corporate disputes.
We have significant experience representing both plaintiffs and defendants in these types of cases, often in the North Carolina Business Court, including LLC dissolution actions; direct and derivative claims against directors, officers, and managers for alleged breaches of fiduciary duties and other misconduct; claims by minority owners for alleged breaches of fiduciary duties by controlling majority owners; and claims by directors, officers, and managers to enforce their rights to indemnification from the company.
Contract Disputes and Business Torts
When a commercial relationship is memorialized by a contract, disputes can arise regarding whether one or both parties lived up to their contractual obligations. When these relationships sour, there can sometimes be extra-contractual claims as well, including claims for unfair or deceptive trade practices, or even fraud.
We have significant experience representing individuals and businesses, plaintiffs and defendants, in disputes involving claims of breaches of contractual and other duties in the context of a frayed commercial relationship. This experience covers an array of different industries and contexts, including health care, financial services, technology, shipping, residential and commercial leases, licensing agreements, and construction contracts.
Trust and Estate Litigation
When a loved one passes away, there may be questions about the validity of a claimed will. We have significant experience representing family members in challenging and defending the validity of wills, including disputes alleging lack of testamentary capacity and undue influence.
We also represent both fiduciaries and beneficiaries in claims alleging breaches of duties by executors or trustees
Alan Parry is certified by the N.C. Dispute Resolution Commission to conduct Superior Court mediations in North Carolina, as well as estate and guardianship cases, and he is frequently engaged by lawyers and appointed by judges across the State to serve as a mediator.
Non-Compete and Trade Secret Disputes
When an executive or other key employee leaves a company, disputes often arise regarding the enforceability of restrictions in that person’s employment agreement, including covenants not to compete, provisions prohibiting the solicitation of employees or customers, and restrictions on the use or disclosure of confidential and proprietary information. Many of these cases involve claims of misappropriation of company trade secrets.
We represent both individuals and companies in the resolution of these complicated and sensitive cases, including both seeking and defending emergency injunctive relief. We also regularly advise our clients regarding the enforceability of restrictive covenants in employment agreements before a dispute arises.
Insurance Coverage and Bad Faith Claims
We represent policyholders who are seeking to recover insurance proceeds due to them under a wide variety of individual and business policies, including directors and officers liability coverage (D&O); employment practices liability coverage (EPL); errors and omissions liability coverage (E&O); commercial general liability coverage (CGL); commercial property and homeowners coverage; and commercial and individual auto liability policies. Outside of litigation, we regularly counsel our clients about insurance that may be available under these and other types of policies to cover risks and losses in their business and personal lives.
When an insurance carrier acts in bad faith or engages in unfair claims handling practices, we also have significant experience litigating claims for damages beyond the policy limits.
Environmental contamination on commercial and residential property can be very costly to clean up and can also create health risks and impair property values.
When such contamination is discovered, disputes frequently arise between buyers and sellers of affected property, landlords and tenants, and/or neighbors who may potentially be impacted by migrating contamination. We represent citizens, businesses, and community groups in these and other disputes involving damages arising from environmental issues, including clean-up costs associated with soil and groundwater contamination from leaking underground storage tanks.