Author Archive
U.S. News has recognized Rayburn Cooper & Durham, P.A., in its annual Best Law Firm Awards, ranking RCD regionally in four practice areas.
RCD ranked in Tier 1 for Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law; in Tier 1 for Corporate Law; in Tier 2 for Commercial Litigation; and in Tier 3 for Bet-the-Company Litigation.
Firms included in the 2020 Edition of U.S. News – Best Lawyers “Best Law Firms®” are recognized for professional excellence and receive consistently impressive ratings from clients and peers. To be considered, a law firm must have at least one lawyer recognized in The Best Lawyers in America, which recognizes the top 5 percent of practicing lawyers in the country.
In 2019, Best Lawyers in America recognized two RCD attorneys. The list included Rick Rayburn in the categories of Bet-the-Company Litigation, Commercial Litigation, Corporate Law, and Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization law. The list also included Jack Miller in the category of Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law.
Posted 11/21/19
The Best Lawyers in America® recognized three Rayburn Cooper & Durham attorneys in its 2019 edition.
Rick Rayburn is listed by Best Lawyers in the areas of:
- Corporate Law
- Bet-the-Company Litigation
- Commercial Litigation
- Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law.
Rayburn has served as the managing shareholder of Rayburn Cooper & Durham for over 30 years. He represents business enterprises and individuals in a wide variety of financial transactions and commercial disputes including corporate and commercial litigation, financial restructurings, business reorganizations, workouts, executive employment contracts and disputes, shareholder disputes, business formations, venture capital infusions, private and public securities offerings, mergers, acquisitions, joint ventures, divestitures, refinancings, and recapitalizations.
Al Durham is listed in the area of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law. Durham has moved to an “Of Counsel” role with the firm. He represents debtors in business workouts and financial reorganizations and trustees, debtors, creditors, and creditors’ committees in business bankruptcies under Chapter 7 or 11 of the Bankruptcy Code. He also works with restructuring financing and/or operations outside a formal court proceeding for financially distressed business entities.
John R. Miller, Jr. is listed in the area of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law. He represents debtors in business workouts and financial reorganizations and trustees, debtors, creditors, and creditors’ committees in business bankruptcies under Chapter 7 or 11 of the Bankruptcy Code. He also works with restructuring financing and/or operations outside a formal court proceeding for financially distressed business entities.
Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and Best Lawyers has received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2017 Edition of The Best Lawyers in America©, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
About Rayburn Cooper & Durham, P.A. (RCD)
For more than 35 years, Rayburn Cooper & Durham has served both businesses and individuals with bankruptcy and financial restructuring, business litigation and general corporate matters. The attorneys within the firm have extensive experience and provide creative solutions to help clients establish their enterprises, grow and prosper and also protect their rights, assets, and interests. Recognizing the unique needs of their clients, RCD does not represent large banks or financial institutions. RCD – The way forward. www.rcdlaw.net
Posted 07/19/19
Four attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2019 “Legal Elite” in Business North Carolina Magazine’s annual list.
Ross Fulton – Litigation
James Gatehouse – Business
Jack Miller – Bankruptcy
In addition, Rick Rayburn previously received the distinction of being named to the “Legal Elite Hall of Fame” for Bankruptcy Law.
Legal Elite Methodology
Each year, Business North Carolina sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question: Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories? Voters are not allowed to vote for themselves. They may select members of their firms only if they pick out-of-firm lawyers in the same categories, with the latter votes weighted more heavily.
About Rayburn Cooper & Durham, P.A. (RCD)
For more than 35 years, Rayburn Cooper & Durham has served both businesses and individuals with bankruptcy and financial restructuring, business litigation and general corporate matters. The attorneys within the firm have extensive experience and provide creative solutions to help clients establish their enterprises, grow and prosper and also protect their rights, assets, and interests. Recognizing the unique needs of their clients, RCD does not represent large banks or financial institutions. RCD – The way forward. www.rcdlaw.net
Posted 07/08/19
Rayburn Cooper & Durham, P.A. is pleased to announce that six partners in the firm have been selected for inclusion in 2019 North Carolina Super Lawyers®:
2019 North Carolina Super Lawyers
Scott Cooper – Business/Corporate
Albert Durham – Bankruptcy, Business
Ross Fulton – Business Litigation, General Litigation, Employment Litigation
James Gatehouse – Business Litigation
G. Kirk Hardymon – Business Litigation
Jack Miller – Bankruptcy, Business
2019 North Carolina Top 100
Albert Durham
Super Lawyers® is an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
The selections for this esteemed list are made by the research team at Super Lawyers®, a Thomson Reuters business. Each year, the research team at Super Lawyers® undertakes a rigorous multi-phased process that includes a statewide survey of lawyers, independent research evaluation of candidates, and peer reviews by practice area. Only 5% of North Carolina attorneys have been selected for inclusion in Super Lawyers®.
Learn more about the selection process.
About Rayburn Cooper & Durham, P.A. (RCD)
For more than 35 years, Rayburn Cooper & Durham has served both businesses and individuals with bankruptcy and financial restructuring, business litigation and general corporate matters. The attorneys within the firm have extensive experience and provide creative solutions to help clients establish their enterprises, grow and prosper and also protect their rights, assets, and interests. Recognizing the unique needs of their clients, RCD does not represent large banks or financial institutions. RCD – The way forward. www.rcdlaw.net
Posted 06/28/19
For the thirteenth consecutive year, Chambers USA has recognized Rayburn Cooper & Durham and its attorneys. Chambers USA gives its top Band 1 rating in North Carolina to the firm’s bankruptcy practice, stating that RCD is “[w]idely regarded as a leading firm for debtor-side bankruptcy work, acting for companies in financial difficulties on recapitalizations, workouts and other insolvency work” and is “[r]egularly retained on some of the most significant matters in North Carolina.”
“An Interviewee notes: ‘They have a very strong reputation. They are the go-to debtor shop.’”
Richard Rayburn, first ranked in Chambers USA 2007, is “‘the best debtors’ attorney in the state,’ according to one interviewee. He appears in a wide range of bankruptcy proceedings, as well as advising on distressed M&A and broader corporate litigation.”
Of counsel Albert Durham, first ranked in Chambers USA in 2009, “is held in high regard by market sources for his long-standing experience in corporate bankruptcy proceedings. He acts for debtors both in and out of courtroom filings, advising on workouts and reorganizations.”
RCD is one of the smallest law firms in North Carolina to receive accolades from the independent research publisher Chambers and Partners, considered to be among the most prestigious of law firm rating organizations.
The Chambers USA directory is published annually by UK-based Chambers and Partners. The independent guide is compiled by a team of more than 140 researchers based on interviews with lawyers and clients throughout the United States.
Individual lawyers are ranked on the basis of their legal knowledge and experience, their ability, their effectiveness, and their client-service. In addition to these qualities, rankings of practices areas are based on the effectiveness and capability of the department as a whole – its strength and depth.
Posted 06/19/19
Two shareholders with Rayburn Cooper & Durham, P.A., participated in the 2019 Western District of North Carolina Bankruptcy Seminar hosted by the Mecklenburg County Bar Association.
Jack Miller helped organize the event, which was held on May 10, and it consists of CLE courses, including a View from the Bench presented by Judges Beyer and Whitley, among other specific consumer bankruptcy and business bankruptcy topics. This year, Eric McElvenny, a Marine and endurance athlete, was the keynote speaker and discussed Embracing Challenge as he recounted the challenges he faced during his three deployments and following an injury he sustained after stepping on an IED.
RCD’s Rick Rayburn also spoke during the business bankruptcy portion of the seminar, discussing client selection and related issues from his more than 40 years of experience in the bankruptcy bar in Charlotte.
Posted 05/17/19
Our friend and colleague, David Scott Melin, died on February 1, 2019. Dave was a natural
leader in life and in our firm. Dave is survived by his wife, Michelle, and daughters, Reagan and Jenna.
Dave practiced with RCD for his entire legal career. He was a tireless worker and committed to his family, clients, and friends.
Dave undertook many roles for our firm and accomplished them all as jobs well done. He was greatly respected by the RCD family, his fellow members of the bar, and by his many clients.
He will be missed by all, but memories of Dave will continue to inspire everyone who knew him.
Posted 02/27/19
The North Carolina Court of Appeals published an opinion in iPayment, Inc. v. Kelly M. Grainger, Individually and as Administrator of the Estate of George Gregory Grainger, et al., North Carolina Court of Appeals Case No. 16-908, on January 2, 2018, reversing the trial court (NC Superior Court, Union County Case No. 15-CVS-2234) and finding in favor of RCD’s client iPayment, Inc. that a motion to compel arbitration of counterclaims should have been granted. The adverse party argued that iPayment had waived the right to arbitration of counterclaims by bringing its unrelated lawsuit. The Court of Appeals disagreed, finding that because iPayment’s claims in the underlying lawsuit were unrelated to the arbitrable counterclaims, and the discovery that had been conducted prior to the motion to compel arbitration was not inconsistent with the parties’ rights under the arbitration clause, the right to arbitration was preserved and arbitration should have been compelled. The case was remanded to the trial court for an order consistent with the opinion. A copy of the Court of Appeals opinion can be viewed here.
Posted 01/12/18
Five attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2018 “Legal Elite” in Business North Carolina Magazine’s annual list.
Al Durham – Bankruptcy
Ross Fulton – Litigation
James Gatehouse – Business
David Melin – Litigation
Jack Miller – Bankruptcy
In addition, Rick Rayburn previously received the distinction of being named to the “Legal Elite Hall of Fame” for Bankruptcy Law.
Legal Elite Methodology
Each year, Business North Carolina sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question: Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories? Voters are not allowed to vote for themselves. They may select members of their firms only if they pick out-of-firm lawyers in the same categories, with the latter votes weighted more heavily.
About Rayburn Cooper & Durham, P.A. (RCD)
For more than 35 years, Rayburn Cooper & Durham has served both businesses and individuals with bankruptcy and financial restructuring, business litigation and general corporate matters. The attorneys within the firm have extensive experience and provide creative solutions to help clients establish their enterprises, grow and prosper and also protect their rights, assets, and interests. Recognizing the unique needs of their clients, RCD does not represent large banks or financial institutions. RCD – The way forward. www.rcdlaw.net
Posted 01/09/18
Rayburn Cooper & Durham, P.A. is pleased to announce that all partners in the firm have been selected for inclusion in 2018 North Carolina Super Lawyers®:
2018 North Carolina Super Lawyers
Scott Cooper – Business/Corporate, Mergers & Acquisitions, Securities & Corporate Finance
Albert Durham – Bankruptcy
Ross Fulton – Business Litigation, General Litigation, Employment Litigation
James Gatehouse – Business Litigation, Securities Litigation
G. Kirk Hardymon – Business Litigation
David Melin – Business Litigation, Real Estate, General Litigation
Jack Miller – Bankruptcy, Business/Corporate, Business Litigation
Rick Rayburn – Business /Corporate, Bankruptcy, Business Litigation
2018 North Carolina Top 100
Albert Durham
Rick Rayburn
Super Lawyers is an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
The selections for this esteemed list are made by the research team at Super Lawyers, a Thomson Reuters business. Each year, the research team at Super Lawyers undertakes a rigorous multi-phased process that includes a statewide survey of lawyers, independent research evaluation of candidates, and peer reviews by practice area. Only 5% of North Carolina attorneys have been selected for inclusion in Super Lawyers.
Learn more about the selection process.
Posted 01/02/18
http://www.ncwb.uscourts.gov/news/fourth-circuit-selects-shelley-koon-abel-bankruptcy-administrator-western-district-north
Posted 05/25/17
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys from the firm have been selected for inclusion in 2017 North Carolina Super Lawyers® and 2017 North Carolina Rising Stars:
2017 North Carolina Super Lawyers
W. Scott Cooper – Business/Corporate
Albert Durham – Bankruptcy, Business
Ross Fulton – Business Litigation
James Gatehouse – Business Litigation
G. Kirkland Hardymon – Business Litigation
David Melin – Business Litigation
Jack Miller – Bankruptcy, Business
Rick Rayburn – Business/Corporate
2017 North Carolina Rising Stars
Shelley Abel – Bankruptcy, Business
2017 North Carolina Top 100
Albert Durham
Rick Rayburn
Super Lawyers is an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
The selections for this esteemed list are made by the research team at Super Lawyers, a Thomson Reuters business. Each year, the research team at Super Lawyers undertakes a rigorous multi-phased process that includes a statewide survey of lawyers, independent research evaluation of candidates, and peer reviews by practice area. Only 5% of North Carolina attorneys have been selected for inclusion in Super Lawyers.
The Rising Stars selection process is identical to the Super Lawyers process, with one exception: to be eligible, a candidate must be either age 40 years old or younger, or in practice for 10 years or less. Only 2.5% of North Carolina attorneys are selected for the Rising Stars list. Learn more about the selection process.
Posted 01/30/17
Three Rayburn Cooper & Durham attorneys have been recognized by their peers as 2017 “Legal Elite” in Business North Carolina Magazine’s annual list.
2017 Legal Elite
Shelley Koon Abel – Bankruptcy
Ross R. Fulton – Business Litigation
John R. Miller, Jr. – Bankruptcy
C. Richard Rayburn, Jr. previously received the distinction of being named to the “Legal Elite Hall of Fame” for Bankruptcy Law.
Legal Elite Methodology
Each year, Business North Carolina sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question: Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories? Voters are not allowed to vote for themselves. They may select members of their firms only if they pick out-of-firm lawyers in the same categories, with the latter votes weighted more heavily.
About Rayburn Cooper & Durham, P.A. (RCD)
For more than 35 years, Rayburn Cooper & Durham has served both businesses and individuals with bankruptcy and financial restructuring, business litigation and general corporate matters. The attorneys within the firm have extensive experience and provide creative solutions to help clients establish their enterprises, grow and prosper and also protect their rights, assets, and interests. Recognizing the unique needs of their clients, RCD does not represent large banks or financial institutions. RCD – The way forward. www.rcdlaw.net
Posted 01/03/17
In June, the North Carolina Supreme Court issued an opinion ruling in favor of property owners who challenged a state law that allows the North Carolina Department of Transportation to freeze development and improvements on land that may be used as a future highway. The Court held that the law amounted to a “taking” and that property owners must be compensated for the restrictions placed on their land.
Click here to continue reading this article by Dave Melin.
Posted 07/26/16
On May 23, 2016, the United States Court of Appeals for the Fourth Circuit affirmed a judgment obtained by Rayburn Cooper & Durham, P.A. for client RDLG, LLC (view a copy of the Fourth Circuit opinion here). RCD’s client was granted a default judgment on a fraud claim as a sanction against Fred M. Leonard, Jr. by the United States District Court for the Western District of North Carolina. A jury trial was later held on the issue of damages, and RCD was awarded a $500,580.36 judgment for its client by the jury. The Fourth Circuit affirmed both the grant of the default judgment as a sanction and the jury’s damages award. RDLG, LLC was represented by Ross Fulton and Ben Shook.
Posted 05/26/16
On May 10, 2016, the North Carolina Court of Appeals affirmed the North Carolina Business Court’s order dismissing all claims against all defendants in Universal Cab Co., Inc. v. City of Charlotte, et al. Defendant Timothy Newman was represented by RCD attorneys Kirk Hardymon, Ross Fulton and Ben Shook. All claims asserted against Mr. Newman were dismissed by the Business Court because the plaintiffs failed to show that they had standing to bring the claims, and therefore the court lacked subject matter jurisdiction to hear the case. The case related to the plaintiffs being denied contracts to provide taxi service at the Charlotte-Douglas Airport. The Business Court found, and the Court of Appeals affirmed, that the plaintiffs failed to show a causal connection between the alleged actions by the defendants and the alleged injury suffered by plaintiffs. A copy of the Court of Appeals opinion can be viewed here.
Posted 05/13/16
