Davis, Clark J.

Practice Description:

Ross Fulton's practice is focused primarily on trial, arbitration, and appellate work, with an emphasis in complex business matters. He is admitted to practice in all of the state and federal courts of North Carolina and the United States Court of Appeals for the Fourth Circuit. He was selected by North Carolina Super Lawyers magazine as a "Rising Star" in its 2011 and 2012 editions.

His litigation practice focuses heavily on commercial and business litigation of all types, including civil litigation relating to the enforcement of non-competition and/or non-solicitation agreements, litigation involving banks and hedge funds, shareholder and member disputes, the ownership of proprietary technology and intellectual property, products liability, trade secrets, unfair trade practices, fiduciary duties, business torts, all manner of contract disputes (including purchases and sales, contractor service agreements, stock option agreements, and distribution and representation agreements), commercial paper and negotiable instruments, injunctions, construction liens and disputes, commercial lease disputes, and North Carolina subpoena issuance and compliance for out-of-state litigation.

Mr. Fulton's practice has also included the representation of businesses in connection with investigations by the Equal Employment Opportunity Commission. He also advises and counsels his clients within the foregoing areas of substantive law with an eye toward general compliance and specific business transactions.

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

Representative Matters:

Songwooyarn Trading Co., Ltd. V. Sox Eleven, Inc. and Ung Chul Ahn, N.C. Superior Court (Case No. 08-CVS-15546)(as lead counsel, successfully represented plaintiff, Korean apparel importer, in complex contract and business tort matter; won $1.1 million-plus judgment, including treble damages, after five-day jury trial requiring multiple Korean interpreters in December, 2009.)

Ellison v. Alexander, N.C. Court of Appeals (COA 09-1240, Oct. 19, 2010) (as lead counsel for the defendant, successfully appealed trial court ruling that defendant, as a third-party beneficiary, was not able to enforce an arbitration agreement, and obtained stay of state court litigation).

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, a publicly-traded company and its officers, in complex contract and business tort matter as co-counsel; won on summary judgment as to plaintiffs' claims, with $3.7 million-plus verdict on defendants' counterclaims 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) (co-counsel representing hedge funds in litigation arising from loan syndication), N. C. Court of Appeals No. COA 08-629 (December 22, 2009).

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).

Tactical Support Equipment, Inc. vs. Tricom Research, Inc., U. S. Dist. Ct., E.D.N.C. (Case No. 5:08-cv-159)(co-counsel representation contract and intellectual property dispute concerning military-use radio amplifier equipment manufacture and distribution; contributed to successful dismissal motion as to opposing party's competing federal action in California, dismissed in favor of client's prior pending action in North Caroilna; North Caroilna action settled).