“I have had the opportunity to work with Tom Kilpatrick for more than 10 years and have always found him to be very thorough, to have superior competence in his field and to always be aware of our needs as a client. I would recommend him to anyone needing a litigation attorney.”  

Mary Ann Hedrick, Divisional Accounting Coordinator, Highwoods Properties, Inc.

BUSINESS DISPUTES / COMMERCIAL LITIGATION

Kilpatrick Law Group, PLLC is ideally situated to handle a wide variety of business disputes because of our experience and value.  The phrase “work smarter not harder” is aptly suited for business litigation.  We do not waste time and money needlessly posturing.  Instead, we devise a legal strategy suited for each case.

Prior to forming Kilpatrick Law Group, Tom Kilpatrick was the Practice Group Leader for the litigation section of Manning Fulton & Skinner, PA – a highly respected litigation firm throughout North Carolina.  Tom has the experience and ability to handle almost any type of business dispute.  Business North Carolina’s magazine has recognized him among its Legal Elite for litigation.  He has been recognized in Best Lawyers in America from 2013 to the present in the area of commercial litigation.  He is also named as a rising star for litigation in North Carolina Super Lawyers.  Samantha Kilpatrick’s extensive jury trial experience, gained as an Assistant District Attorney in Wake County, is also invaluable for our clients.

We regularly handle cases in all North Carolina state and federal courts.  Kilpatrick Law Group also participates in cases outside of North Carolina and utilizes local counsel to assist, as necessary.  Tom has also handled cases and arbitrations across the United States and in Europe.  

The North Carolina Dispute Resolution Commission has certified Tom as a mediator for civil Superior Court cases in North Carolina.  His mediation experience and negotiation skills help our clients make smart decisions as we work to achieve our clients’ goals.  

Any experienced litigator knows that clients often are best served by avoiding litigation.  However, not all cases should be settled.  Tom has the wisdom and experience to help our clients decide whether their cases should be settled or tried in court.  If litigation cannot be avoided or is the best choice for a particular case, we provide a strategy and prepare to maximize our client’s prospects for success in litigation. 

We have experience litigating a wide variety of business disputes including, but not limited to, the following:

  • Breaches of contract:
    • Insurance coverage disputes
    • Purchase and sale contracts (businesses, real estate, goods & services)
    • Franchise disputes including trademark / trade-dress infringement
    • Commission disputes
    • Executive compensation
    • Collections or recovery of payment for services provided or goods sold
    • Non-compete restrictions
    • Licensing disputes
    • Employment
    • Business and partnership ownership and control disputes    
  • Business torts:
    • Fraud and misrepresentation
    • Breach of fiduciary duties by partners, officers, directors and others
    • Constructive trust claims 
    • Usurpation of corporate opportunities by owner or employee
    • Unfair and deceptive trade practice claims
  • Commercial real estate litigation:
    • Lease disputes involving office, warehouse/flex, multi-use facilities, or campuses
    • Partition in kind and partition by sale
    • Purchase and sale contract disputes 
    • Construction defects and liens
    • Boundary disputes
    • Condemnation
  • Employment litigation:
    • Representation of employers or employees in wrongful termination claims based on either retaliation or discrimination arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination Employment Act (ADEA), the Fair Labor Standards Act (FLSA) and other related laws
    • Executive compensation disputes to recover C-level severance or benefits upon wrongful termination
    • Non-compete restrictions
    • Confidentiality restrictions 
    • Responses to subpoenas for employment information
  • Construction law:
    • Construction defects
    • Construction liens and bond claims
    • Delay claims and schedule flow disputes
  • Product liability:
    • Pursuing claims on behalf of persons injured by defective vehicles or defective vehicle equipment
    • Defending of pharmaceutical companies and vendors in pharmaceutical industry from defect claims.​

IMPORTANT: The content contained on the Kilpatrick Law Group, PLLC website only provides general information about Kilpatrick Law Group, PLLC. It does not provide, and should not be relied upon as legal advice. It does not convey an offer to represent you or an attorney-client relationship. The content of any e-mail sent to Kilpatrick Law Group or any of its attorneys' e-mail addresses set forth in this web site will not be treated as confidential and will not create an attorney-client relationship. Case or matter outcomes mentioned on this web site are illustrative of matters handled by Kilpatrick Law Group, PLLC and not all of Kilpatrick Law Group PLLC's cases or matters are reported herein. Case and settlement results depend upon a variety of factors unique to each case. Prior results do not guarantee a similar outcome in current or new matters. All uses of the content contained in this web site, other than for personal use, are prohibited.

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