Kirk Hardymon

Kirk Hardymon focuses his practice on general business, complex commercial disputes, contract and real estate litigation, as well as UCC Check Warranties (Articles 4 and 8). He possesses extensive experience in business ownership disputes and breach of contract cases, and he has successfully represented multinational corporations, family-owned businesses, and individuals in such matters. Some recent examples of Mr. Hardymon’s successes include the representation of an individual in an employment contract dispute in which the client was given a settlement of $1 million, and a case relating to a breach of earn-out after the sale of a company. Mr. Hardymon was able to settle the matter in favor of his client through arbitration for an amount in excess of $500,000.

Bar Admissions

North Carolina, 1992
U.S. District Court Middle District of North Carolina, 1992
U.S. District Court Western District of North Carolina, 1993
U.S. Court of Appeals 4th Circuit, 2000
South Carolina, 2010

Education

Wake Forest University School of Law, J.D. cum laude, 1992
Law Review: Wake Forest Law Review, Member, 1990-1992
Appalachian State University, B.S., 1986; Sigma Phi Epsilon

Honors and Awards

North Carolina Super Lawyers magazine (Business Litigation), 2013-2017

Associations and Memberships

North Carolina Bar Association, Member
Mecklenburg County Bar, Member
William Bobbitt American Inn of Court, Charlotte, North Carolina, Member

Representative Matters

First Union Commercial Corporation and American Express Bank, Ltd. v. GATX Capital Corporation, f/k/a GATX Leasing Corporation, Case No. 3:99CV152H, 2002 (U.S. District Court, WDNC) — Successfully represented defendant in breach of contract case involving a charter dispute in which a favorable jury verdict was obtained, plaintiffs’ claims were denied, and defendant received monetary relief.

The Thaxton Group, Inc., et al. v. Voyager Life and Health Insurance Company, et al., Adversary Proceeding No. 05-51042(PJW) (U.S. Bankruptcy, District of Delaware) — Successfully represented plaintiffs in lengthy and complex arbitration and litigation seeking to recover certain fraudulent transfers made to or for the benefit of certain Voyager defendants, and recovered amounts owing from certain Voyager defendants to certain Thaxton plaintiffs.

Wachovia Bank, N.A. and Winifred R. McMaster, as Co-Personal Representatives of the Estate of Spencer R. McMaster, Jr., et al. v. Winnsboro Petroleum Co., Inc., et al., Case No. 05-CP-20-341 through 346 and 06-CP-20-88 (Court of Common Pleas, Fairfield County, South Carolina) — Currently representing defendant family-owned company with regard to a case involving the plaintiffs’ alleged ownership interest of stock, alleged minority shareholder oppression, and dispute over the fair market value of said defendant companies.

Wachovia Bank, N.A., as Trustee of the Spencer R. McMaster, Jr. Trust U/A dated December 12, 1991 v. Quay McMaster, et al., Case No. 05-CP-22-735 (Court of Common Pleas, Georgetown County, South Carolina) — Currently representing defendant family-owned company in a partition action involving an alleged fraudulent scheme to avoid taxes.

PSI Holdings, Inc. v. Dimension Data (U.S.) II, Inc. and Dimension Data Holdings, PLC, Case No. 3:01CV632H (U.S. District Court, WDNC) — Successfully represented plaintiffs, a large multinational corporation, in a breach of earn-out action, more specifically concerning the payment of a “contingent payments” earned by the old shareholders under a purchase agreement with a new company.

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.