Litigation

Rayburn Cooper & Durham pursues and defends a wide variety of civil litigation matters, responding competently and professionally to protect our clients’ interests.

While the cost of pursuing or defending against litigation must be considered, sometimes taking assertive action is the only choice. RCD draws on a deep well of experience in state and federal courts in North Carolina and South Carolina, acting in conjunction with local counsel to confront threats to clients’ rights and interests.

Large Firm Performance, Small Firm Responsiveness

RCD combines the performance typically associated with a large law firm with the operational strengths and efficiencies made possible by a small firm structure. Having served all manner of clients, from multinational corporations to entrepreneurs, our attorneys understand the business, finance, and accountancy issues facing our clients. Our litigators immerse themselves in clients’ operations and objectives. This deep knowledge guides us in solving the legal problem at hand, with practicality that positions clients to move forward with their commercial activities.

We are tenacious in protecting your interests, yet aware of the risks and costs associated with drawn out litigation. We continuously explore alternatives to a court trial throughout the process. Frequent consultations keep you fully abreast and aware of risks and costs.

Our broad range of litigation expertise includes:

  • Contract disputes, including complex commercial litigation
  • Business ownership disputes
  • Employment law disputes, including stock option agreements, non-competition agreements, non-solicitation agreements, and whistleblower rights
  • Lender disputes, including personal guaranty litigation
  • Real estate disputes, including land use controversies, construction litigation, and commercial lease disputes
  • Bankruptcy litigation matters, including discharge and dischargeability, fraudulent transfers, preferences, and claims objections

Notably, RCD does not represent large banks or financial institutions. We welcome assisting clients who have disputes with large banking firms.

Untangling Complicated Legal Matters

When the objective is avoiding legal risk, RCD brings a wealth of experience through our understanding of corporate goals, business operations, and commercial transactions. We provide counsel, develop sound policy, and review contracts and agreements with the sole focus of protecting client interests. There are situations, however, when litigation cannot or should not be avoided. When these arise, we vigorously assert your rights and interests through litigation.

Complex commercial litigation topics may include:

  • Antitrust and competition law, unfair trade practices, and business torts
  • Corporate governance, receiverships, takeovers, and proxy contests
  • Mergers and acquisitions
  • Securities matters, including civil litigation, regulatory matters (Securities and Exchange Commission / SEC and Department of Justice / DOJ), and associated white-collar matters

A Sophisticated Interdisciplinary Approach

An apparent default on a contract may mask more serious financial problems. Product liability claims may stem from misrepresentations made by the owners of a company acquired by the client.

In commercial litigation work, lawsuits are just one aspect of thorny issues that clients face. Our depth of experience in business bankruptcy, mergers and acquisitions, corporate governance, ownership disputes, and other sophisticated areas of law arms our lawyers with the tools necessary to untangle complicated legal matters. Our team approach focuses the talents of highly experienced and knowledgeable attorneys and litigators to find legal solutions, whether the matter is simple or complex.

Conflict Referrals

Our firm often is referred clients who have been pulled into litigation against, or merely along with, a bank or large financial institution. These include situations where non-litigants require separate counsel in connection with an investigation, a subpoena, or testimony. Such conflicts often arise from out-of-court situations relating to employment or business transactions or because the anticipation of litigation demands separate counsel.

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