Complex Litigation and Conflict Resolution
Competition and conflict are inevitable, especially when the stakes are high, interests diverge and communication breaks down. At Cunningham Law, we have experience managing and resolving conflicts, exploring every avenue available to resolve clients’ worst disputes, short of going to the courthouse. And when necessary, we employ litigation strategies driven by clients’ most critical imperatives. With experience across a broad range of complex business, injury, real estate, insurance, securities, contracts and intellectual property litigation, we are well-equipped to achieve results in the state and federal courts of North Carolina.
Fighting About Furniture Designs
When a North Carolina-based agent sued our out-of-state furniture company client at her home county courthouse, alleging that our client had stolen her furniture designs and co-opted her manufacturing relationships, we removed the case to federal court and prepared for trial – our client’s company was at stake. After extensive discovery, over a week of motions hearings under the laws of North Carolina, Massachusetts and China, and after opening statements to the jury, we successfully resolved the lawsuit for a very small fraction of the millions of dollars in dispute.
After employing two previous law firms without getting results, a client came to us with a complicated title dispute. He had won the public auction for a condominium in a homeowners association foreclosure. But, the prior owners were in bankruptcy and, the day after the foreclosure sale ended, issued a deed to a real estate rental company, who, in turn, leased the condominium to a family. By aggressively bringing all parties into one lawsuit, we quickly cleared title, took over the lease and recovered two-thirds of the auction proceeds from the clerk of court.
Achieving Fair Value
When management and the board of a multi-generation family business could not agree with a minority of its shareholders on an appropriate buy-out price when those shareholders dissented from an asset sale, getting an answer required going to the North Carolina Business Court with an appraisal action. At Cunningham Law, we have experience working with and litigating against appraisal experts in the valuation of private, closely-held companies. Achieving fair value requires a keen understanding of business, the artful ways that books can be presented and the key methods to appraise a company.
Representative litigation clients include:
- Jofran, Inc., Boston
- 751 South, Durham
- Patriot’s Pointe, Hillsborough
- Printcraft Company, Lexington, El Salvador and China
- ESC Brands, LLC, Lexington
- Google, Mountain View
- Red Hat, Raleigh
- Hanes Construction Company, Lexington
- Cincinnati Insurance Company, Ohio
- Dynamic Express, Inc., New Jersey
- Bobbitt Farm, LLC, Winston-Salem
- G-Boys Excavating, Inc., New Jersey
- Carolina Sports Quest, LLC, Lexington
- Spiritual Center of America, LLC, Boone
- J.E. Booth Farms, LLC, Durham and Chatham County
- Boylan Development Company, Raleigh
- C & M Investments, LLC, High Point
- Windsor Investments, LLC, High Point