Mr. James B. Gatehouse, Attorney

Practice Description:

Brad Gatehouse's practice is focused primarily on trial, arbitration and appellate work, with an emphasis in complex business matters. His litigation practice focuses heavily on commercial and business litigation of all types, including antitrust matters, securities litigation and arbitration, corporate receivership, class and derivative lawsuits and other shareholder disputes, independent investigations and special representations for boards of directors and special board committees, litigation involving banks and hedge funds, and other civil litigation relating to the enforcement of non-competition and/or non-solicitation agreements, the ownership of proprietary technology and intellectual property, products liability, product market and distribution, trade secrets, unfair trade practices, fiduciary duties, business torts, all manner of contract disputes (including stock option agreements, rights of first refusal, purchases and sales of assets or capital equipment, and distribution and representation agreements), commercial paper and negotiable instruments, collateral repossession, attachment, garnishment, claim and delivery, injunctions, and construction liens and disputes.

Mr. Gatehouse's practice has also included the representation of clients in connection with investigations by the Securities and Exchange Commission or other government investigation. He also advises and counsels his clients within the foregoing areas of substantive law with an eye toward general compliance and specific business transactions.

With respect to more general litigation matters, Mr. Gatehouse handles or has handled matters relating to check fraud and forgery, personal injury, arbitrations, discrimination and harassment, whistle-blowers and potential qui tam claims, easements, rights-of-way, zoning/building codes and other land use controversies.

His clients have included individuals, public and privately-held companies, hedge funds, trusts, banks, and municipalities.

Mr. Gatehouse began his legal career and practiced for over three years in New York and Hong Kong with Davis Polk & Wardwell, where he primarily worked on securities matters and government regulatory investigations.

Representative Matters:

Young et al. v. Golf Trust of America, Inc. et al., U.S. Dist. Ct., D.S.C. (Case No. 4:04-902-25) (successfully represented defendants in complex contract and business tort matter, won on summary judgment as to plaintiffs' claims; with $3.7 million-plus verdict on defendants' counter-claims after five-day jury trial in August 2007).

Wachovia Bank, N.A., et al. v. Harbinger Capital Partners & Master Fund I, Ltd., et al., N.C. Business Court (Case No. 07-CVS-5097) (representing hedge funds in litigation arising from loan syndication).

Dellinger v. Pfizer Inc, and Parke-Davis, U.S. Dist. Ct., W.D.N.C. (Case No. 5:03CV95) (successful defense of products liability, personal injury and unfair trade practices case, won on Daubert motion and summary judgment, summer 2006).

Allen et al. v. Burch Company, Superior Court, Wilkes County, North Carolina (Case No. 02-CVS-1516) (successful bench trial to secure the appointment of receiver for technology company).

Aerolator Systems, Inc. et al. v. Poston, U.S. Dist. Ct., W.D.N.C. (Case No. 3:00-CV-277H) (four-day complex business tort jury trial).

Robbins v. Tweetsie Railroad, Inc., et al., Superior Court, Mecklenburg County, North Carolina (Case No. 95-CVS-437) and North Carolina Court of Appeals (Case No. COA96-587) (successful defense of corporation in derivative action; affirmed on appeal in first published decision fully setting forth North Carolina requirement that a derivative plaintiff be a fair and adequate representative of the corporate interest).

Tweetsie Railroad, Inc. v. Young Realty Investment, et al., Superior Court, Watauga County, North Carolina (Case No. 98-CVS-116) and Young Realty Investment, LLC v. Tweetsie Railroad, Inc., Superior Court, Guilford County, North Carolina (Case No. 97-CVS-9245) (successfully represented Tweetsie Railroad in litigation and related matters in connection with the hostile attempt of an outside investor group to take control of the corporation; Guilford County suit voluntarily dismissed; settlement reached in Watauga County case after discovery and favorable rulings on motions for preliminary injunction and motion to dismiss).

Bell, Seltzer, Park & Gibson, P.A. v. Myers, et al., N.C. Business Court (Case No. 97-CVS-9957) (represented plaintiff in breach of fiduciary duty action involving law firm split-up; settlement achieved following mediation).

Nicholson v. Lonza AG et al., Superior Court, Mecklenburg County, North Carolina (Case No. 99-CVS-3592) and Picos, et al. v. Lonza AG, Superior Court, Cumberland County, North Carolina (Case No. 99-CVS-5035) (local counsel for domestic and international pharmaceutical corporations defending antitrust actions by class of indirect purchasers).

Harry, et al. v. Crescent Resources, et al., Superior Court, Mecklenburg County (Case No. 97-CVS-14726) and North Carolina Court of Appeals (Case No. COA98-1598) (represented individual defendant in real property lawsuit and on appeal; affirmance of lower court summary judgment against plaintiffs; directed verdict for defendants in Superior Court jury trial).

Harry, et al. v. Mecklenburg County, et al., Superior Court, Mecklenburg County (Case No. 98-CVS-10187) (successfully represented individual landowner defendants before Mecklenburg County Zoning Board of Adjustment and before Superior Court on plaintiffs' petition for writ of certiorari).

The Northern Trust Company v. Harris, et al., U.S. Dist. Ct., D.S.C. (Case No. 6:95-3511-20), (represented defendant developer in federal action concerning troubled residential and recreational real estate development project; favorable settlement reached after discovery and mediation).