David Melin

Dave Melin concentrates his practice on complex business litigation and commercial real estate landlord/tenant law. He regularly represents several local and regional owners and operators of commercial properties in a wide range of retail, office, and industrial leasing matters, where he focuses on delivering efficient, practical solutions for his clients in negotiating, revising, and litigating commercial real estate leases.

Mr. Melin also has significant experience in disputes involving closely-held businesses, lender liability, non-compete agreements and trade secrets, executive-level employment and compensation issues, and construction litigation. He has also successfully represented several clients in litigation matters in which his corporate client’s future revenues were dependent upon obtaining a favorable outcome.

He was selected by North Carolina Super Lawyers magazine as a “Rising Star” in its 2012-2015 editions and is rated “AV® Preeminent™” by Martindale Hubbell Peer Review Ratings.

Bar Admissions

North Carolina, 2000
U.S. District Court for the Eastern District of North Carolina, 2008
U.S. District Court for the Western District of North Carolina, 2000
U.S. Court of Appeals 4th Circuit, 2001

Education

University of North Carolina School of Law, J.D., with honors, 2000
Order of Barristers
Member, Holderness Moot Court National Team, 1999-2000
University of Wisconsin, B.A. with distinction, 1997; Phi Beta Kappa, Pi Sigma Alpha, Phi Kappa Phi

Honors and Awards

North Carolina Super Lawyers magazine’s “Rising Stars,” 2012-2015; Super Lawyers 2016-2017
Martindale-Hubbell, AV® Preeminent™ Peer Review Rated

Publications

“The Computer Fraud and Abuse Act: Recent Decisions Mean Business,” Notes Bearing Interest Publication by NC Bar Association, January 2001
“Receivership Offers Many Benefits,” Charlotte Business Journal, Business of Law Special Edition, April 2008
Discovering the Invisible Web, CLE Presentation for the National Business Institute, February 2013
“The Basics of Mediation in North Carolina Superior Court Cases,” The Advocate, June 2013 (co-author)
Avoiding Malpractice Pitfalls, CLE Presentation (panelist) Mecklenberg County Bar, November 2013

Associations and Memberships

North Carolina Chapter of CCIM (Certified Commercial Investment Member Institute) – Affiliate Member
IREM (Institute of Real Estate Management) Western North Carolina Chapter – Industry Partner
Mecklenburg County Bar Professionalism, Lawyer Life and Culture-Committee Member
YMCA Y-Guides Federation Board Member

Representative Matters

Obtained award in excess of $10.6 million, including attorneys’ fees and costs, on behalf of borrowers in arbitration commenced by lender (a national bank) seeking recovery on a promissory note in excess of $12 million secured by pledged stock and real property.

Successfully defended lender’s motion in the North Carolina Business Court to appoint a receiver for a commercial real estate developer’s portfolio of retail, commercial, and industrial properties valued at over $120 million.

Successfully represented a shipping/marine group vessel remarketing agent sued for breach of contract relating to an oil tanker charter dispute; favorable jury verdict was obtained in a week-long jury trial in federal district court, plaintiffs’ claims were denied, and client was awarded monetary damages.

Representation of a wide variety of employees and employers including doctors, contractors, insurance agencies and agents, manufacturers, and financial advisors in non-compete agreements and misappropriation of trade secrets claims, several of which required the prosecution (or defense) of motions for temporary restraining orders and/or preliminary injunctions.

Represented a nationwide home builder in a breach of contract and bad faith failure to provide indemnification claim against insurer related to an “additional insured” endorsement in an electrical subcontractor’s insurance policy.

Represented a publicly traded company in litigation filed by a regional shopping mall involving alleged breach of a retail lease agreement.

Represented a multi-state home builder in an arbitration matter filed by real estate developer seeking over $1 million in damages relating to alleged breach of a purchase contract.

Represented a steel fabricator in payment bond claims on state and federal construction projects.

Served as local counsel for the Creditors Committee in preference actions in a large construction conglomerate’s Chapter 11 liquidation.

The cases mentioned above are illustrative of the matters handled by the firm. Case results depend upon a variety of factors unique to each case. Not all results are provided, and prior results do not guarantee a similar outcome.