Fingerman, Phuong N.

Practice Description:

Dan Finegan's practice is focused primarily on state and federal court litigation, with an emphasis in complex business matters.  His practice also regularly extends to matters in bankruptcy court.

His litigation practice focuses heavily on commercial litigation, including disputes involving commercial lending; defense of construction real estate foreclosure actions; the assertion and defense of construction lien rights; shareholder/member disputes; fiduciary duty claims; business tort claims and contract disputes; creditor and obligor rights relating to Article 9 security interests; commercial lease disputes; and adversary proceedings in both Chapter 7 and 11 bankruptcy cases.

Representative Matters:

RES-NC, Settlers Edge, LLC v. Settlers Edge Holding Company, LLC, 1:10-cv-173 (W.D.N.C. Sept. 6, 2011).  Successfully defended resort developer against state court foreclosure proceeding brought by FDIC and successfully objected to magistrate’s recommendation and obtained Rule 12(b)(1) dismissal of subsequent federal court action based on lack of subject matter jurisdiction.

SongWooYarn Trading Co., v. Sox Eleven, Inc., 2011 N.C. App. LEXIS 1173 (June 21, 2011).  Successfully represented plaintiff-appellee Korean apparel importer, in complex contract and business tort matter involving unfair and deceptive trade practices. Resulted in favorable jury verdict in excess of $1.1 million and dismissal of counterclaims.  All trial results were affirmed on appeal in published opinion.

RDLG, LLC v. RPM Group, LLC, 2011 U.S. Dist. LEXIS 47514 (W.D.N.C. May 3, 2011).  Obtained Rule 12(b)(6) dismissal of a consolidated parallel complaint for breach of contract based on illegality defense. 

Signature Development, LLC v. Sandler Commercial at Union, LLC, 701 S.E.2d 300 (N.C. Ct. App. 2010).  Successfully represented appellant in reversing trial court’s order dissolving $2 million order of attachment and dismissing breach of contract claims based on improper application of general contractor licensing statute.

Ellison v. Alexander, 700 S.E.2d 102 (N.C. Ct. App. 2010). Successfully represented appellant in reversing trial court’s order denying motion to compel arbitration, resulted in corporate officer’s ability to enforce an arbitration clause arising from investor stock subscription agreements.

Successfully represented a trustee in bringing claims to recover funds invested by the trust in a development company.  Resulted in a settlement and judgment in excess of $1.2 million being entered in favor of client.