C. Bailey King Jr.

Partner
Legal Assistant
Debbie Frye
P: 704.338.6116 dfrye@bradley.com
Representative Experience
  • Litigation
    • Obtained $12.1 million total settlement for the family of Jeffrey Williams, an 11-year-old boy who died of carbon monoxide poisoning in a Best Western hotel. Estate of Jeffrey Lee Williams v. Best Western Int’l and Jeannie Williams v. Best Western Int’l (N.C. Super., Judge Forest D. Bridges) (2015-2018).

  • Complex Business Litigation
    • Defended acquired company and acquiring company in lawsuit brought by predecessor-in-interest of acquired company seeking commission for services allegedly rendered under Investment Banking Advisory Agreement after stock purchase and merger transaction. LBA Haynes Strand Capital Advisors, LLC v. Catawba Mechanical Services, Inc., et al. (N.C. Sup. Ct.) (2019).

      Represent interests of national insurance company under coinsurance agreement in litigation over benefits allegedly due under corporate-owned life insurance (COLI) polices.  Charles Schwab & Co., Inc., et al. v. Pavonia Life Insurance Company of Michigan, et al. (Cal. Sup. Ct.) (2019).

      Manage nationwide portfolio of interpleader actions on behalf of national insurance company to ensure efficient and timely resolution (2019).

      Obtained a preliminary injunction on behalf of an automotive supplier requiring downstream supplier to provide raw materials in accordance with a requirements contract, resulting in an early resolution. Belt-Tech Products, Inc. v. Dura Fiber Technologies (N.C. Super. Ct.) (2017).

      Obtained an anti-suit injunction on behalf of a recycling company preventing a competing lawsuit in Italy arising out of the company’s purchase of a large piece of equipment from an Italian entity from going forward. Custom Polymers PET, LLC v. Gamma Meccanica, SPA (D.S.C.) (2015-20­16).

      Defended medical software company against claims by former management team over validity of executive compensation packages. Ehmann v. Medflow, LLC (N.C. Bus. Ct., Judge James L. Gale) (2015-present).

      Represented tax consulting company in a dispute over fees due for tax savings achieved as result of company’s consulting services. Cost Containment Advisors, Inc. v. Duke Energy, Inc. (AAA Arbitration) (2013-2014).

      Defended business owner at trial and on appeal against claims for breach of a guaranty agreement for a commercial lease. BV Retail, LLC v. Donnelly (M.D.N.C., Mag. Judge David S. Cayer, and 4th Circuit) (2013).

      Resolved dispute on behalf of an aluminum fabricator in a lawsuit brought by bus manufacturer arising out of allegedly defective bus doors that were subject to a nationwide recall after asserting third-party indemnification claims against the painter of the bus doors.  Daimler Trucks North America v. Hydro Aluminum North America, Inc. v. A&E Powder Coating Ltd. (M.D.N.C., Judge Catherine C. Eagles) (2012-2014).

      Obtained summary judgment on behalf of food service provider in dispute with college over the termination of agreement to provide on-campus dining services. Thompson Hospitality, LLC v. The Paine College (S.D. Ga.) (2012-2014).

      Defended auto parts store against claim for aiding and abetting a breach of fiduciary duty brought by auto shop arising out of alleged moonlighting by mechanic. Reliable Auto Care LLC v. AutoZone Stores, Inc. (N.C. Super.) (2012-2013).

      Defended company in lease dispute against claims by property owner demanding payment of property taxes. M&S Properties v. Advance Stores Company, Incorporated (D.S.C.) (2012-2013).

      Resolved claims asserted against a restaurant chain for breach of lease, negligence, and unfair and deceptive trade practices arising out of the chain’s decision to close an Olive Garden location at mediation. McManus v. GMRI, Inc. (M.D.N.C., Mag. Judge David C. Keesler) (2011-2012).

      Represented airline in lawsuit against pilot union arising out of a slowdown campaign during collective bargaining negotiations, resulting in a preliminary injunction. US Airways, Inc. v. US Airline Pilots Association (W.D.N.C., Judge Robert J. Conrad) (2011-2012).

      Obtained defense verdict in jury trial on behalf of motorcycle manufacturer in lawsuit brought by purchaser of motorcycle alleging breach of warranty. Elliott v. Yamaha Motor Corp. (N.C. Super.) (2010).

      Obtained summary judgment on behalf of furniture manufacturer in dispute with licensor over obligations to market a furniture collection sold under licensor’s name. Lexington Furniture Industries, Inc. v. Bob Timberlake Collection, Inc. (N.C. Bus. Ct.) (2008-2009).

      Obtained summary judgment on behalf of life insurance company in case alleging that deposit paid in connection with mortgage commitment was illegal penalty rather than valid liquidated damages provision, which was affirmed on appeal. Ladco Properties XVII, LLC v. Jefferson-Pilot Life Insurance Company (S.D. Iowa and 8th Cir.) (2008).

  • Securities and Shareholder Litigation
    • Represent closely held corporation in action brought by minority shareholder for appraisal remedy under Georgia’s dissenting shareholder statute after minority shareholder objected to merger consideration being paid pro rata on a per share basis.  Tomco2 Systems Company f/k/a Tomco2 Equipment Company v. The Bonnie L. Hiniely Revocable Trust, et al. (GA Bus. Ct. Div., Judge Randy Rich) (2018-present).    

      Defended acquired company and acquiring company in lawsuit brought by predecessor-in-interest of acquired company seeking commission for services allegedly rendered under Investment Banking Advisory Agreement after stock purchase and merger transaction.  LBA Haynes Strand Capital Advisors, LLC v. Catawba Mechanical Services, Inc., et al. (N.C. Sup. Ct.) (2019).

      Represent company in dispute over attempted exercise of expired stock options transferred to spouse of former executive (2019).

      Obtained stay of shareholder derivative lawsuit in the North Carolina Business Court against a corporate officer in favor of a competing action in New York brought by the corporate officer. LaMack v. Obeid (N.C. Bus. Ct., Judge Louis A. Bledsoe, Ill) (2014-2017).

      Obtained dismissal of all class claims against an insurance company in action relating to alleged misrepresentations regarding the tax consequences of executive retirement plan governed by Securities Litigation Uniform Standards Act. Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015).

      Represented municipality at trial and on appeal of $10.4 million jury verdict against bank in lawsuit arising out of investment losses suffered in Lehman Brothers investment purchased shortly before financial crisis of 2008 for securities lending portfolio. City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (M.D. Fla. and 11th Circuit) (2011- 2013).

      Represented hospital authority on claims arising out of investment losses in structured investment vehicle purchased shortly before financial crisis of 2008 for securities lending portfolio managed by Wachovia. Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (N.C. Bus. Ct.) (2008-2011).

  • Intellectual Property and Competitive Practices Litigation
    • Defended chef and partial owner of restaurant business in lawsuit alleging trade secret misappropriation and anticipated violation of covenant not to compete arising out of dispute over ownership of recipes. Real Food Central, LLC v. Jose Luis Alvarez (N.C. Bus. Ct., Judge Adam M. Conrad) (2018-2019).

      Defended software developer against claims brought by former employer for trade secret misappropriation and copyright infringement relating to computer software source code. Confidential matter; case filed under seal (W.D.N.C., Judge Graham C. Mullen) (2017).

      Defended developer of coal ash facility against claims of false advertising and unfair competition under Lanham Act arising out of promotional photographs posted on developer’s website. Chara, LLC v. Vista Green, LLC (W.D.N.C., Judge Frank D. Whitney) (2017).

      Obtained defense verdict in trade secret misappropriation trial for company arising out of hiring of two of competitor’s salespeople. Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation (N.C. Bus. Ct., Judge James L. Gale) (2013-2017).

      Represented apparel company in lawsuit against competitor alleging infringement of HUE trademark. Kayser-Roth Corporation v. Goodhew, LLC (M.D.N.C., Judge Loretta C. Biggs) (2015-2016).

      Represented company in trade secret case seeking preliminary injunction against former employee who had access to the company’s proprietary software and source code. Medflow, LLC v. Riggi (N.C. Bus. Ct., Judge James L. Gale) (2015-2016).

      Represented supplier of battery separators to lithium ion battery industry in lawsuit asserting claims for patent infringement and various business torts arising out of termination of a supply agreement. Celgard, LLC v. LG Chem, Ltd. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015).

      Represented supplier of battery separators to the lithium ion battery industry in patent infringement lawsuit against competitor. Celgard, LLC v. SK Innovation Ca, Ltd. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015).

      Defended insurance company in trademark infringement action arising out of insurance company’s use of M-Powered Benefits mark in connection with its employee benefits enrollment program. Empowered Benefits, LLC v. MetLife, Inc. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2012-2013).

      Represented furniture designer in copyright infringement action against Rooms to Go related to furniture collection designs. Pan-American Products Holdings, LLC v. R.T.G. Furniture Corp., et al. (M.D.N.C., Judge Thomas D. Schroeder) (2010­-2012).

      Represented battery separator manufacturer in trade secret misappropriation action against former engineers over manufacturing know-how and processes. Daramic, LLC v. Koch (N.C. Bus. Ct.) (2011-2012).

      Defended mail-house company in trademark infringement action over mass mailings that referenced AARP study. AARP v. America’s Recommended Mailers, Inc., et al. (M.D.N.C., Judge Thomas D. Schroeder) (2006-2009).

      Represented company in declaratory judgment action relating to alleged misappropriation of trade secrets for market-indicator software programs. Jan Arps’ Traders’ Toolbox, LLC v. BSG Traders LLC (W.D.N.C., Judge Thomas D. Schroeder) (2007-2008).

  • Antitrust and Competition
    • Defended collegiate athletic conference in consolidated class action lawsuits alleging that NCAA amateurism rules violate Sherman Antitrust Act. In re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litig. (N.D. Ca.) (2014-2018).

  • Financial Services Litigation
    • Manage defense of portfolio of mortgage-related claims against mortgage servicer to obtain efficient and timely resolution. (2019-present)

      Defended bank against third-party claims arising out of mortgage dispute. Dehart v. Wells Fargo Bank, N.A. v. Barclays Bank, PLC (E.D. Pa.) (2009).

      Defended mortgage servicer against discrimination claims brought under Fair Debt Collection Practices Act and Fair Housing Act. Fletcher v. Homecomings Financial Network, Inc. (M.D.N.C.) (2009).

      Obtained directed verdict on behalf of a secured lender at trial, which was affirmed on appeal, on claims for breach of warranty of title and unfair and deceptive trade practices arising out of the lender’s repossession of manufactured home. Henson v. Green Tree Servicing, LLC (N.C. Superior Court) (2007-2008).

  • Class Actions
    • Defended collegiate athletic conference in consolidated class action lawsuits alleging that NCAA amateurism rules violate Sherman Antitrust Act. In re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litig. (N.D. Ca.) (2014-2018).

      Obtained dismissal of all class claims against an insurance company in action relating to alleged misrepresentations regarding the tax consequences of executive retirement plan governed by Securities Litigation Uniform Standards Act. Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015).

  • Food, Beverage and Hospitality
    • Defended chef and partial owner of restaurant business in lawsuit alleging trade secret misappropriation and anticipated violation of covenant not to compete arising out of dispute over ownership of recipes. Real Food Central, LLC v. Jose Luis Alvarez (N.C. Bus. Ct., Judge Adam M. Conrad) (2018-2019).

      Obtained settlement for Taco Bell franchisee in lawsuit alleging unjust enrichment against subsequent tenant of restaurant location for utility bills paid by franchisee after vacating premises. Bell Carolina LLC v. Olea Mediterranean Kitchen, et al. (N.C. Super.) (2018).

      Obtained summary judgment on behalf of food service provider in dispute with college over the termination of agreement to provide on-campus dining services. Thompson Hospitality, LLC v. The Paine College (S.D. Ga.) (2012-2014).

      Resolved claims asserted against a restaurant chain for breach of lease, negligence, and unfair and deceptive trade practices arising out of the chain’s decision to close an Olive Garden location at mediation. McManus v. GMRI, Inc. (M.D.N.C., Mag. Judge David C. Keesler) (2011-2012).

      Defended numerous national chain restaurants in slip and fall and other premises liability matters in North Carolina.

  • Retail
    • Defended auto parts store chain against claim for aiding and abetting a breach of fiduciary duty brought by auto shop arising out of alleged moonlighting by mechanic. Reliable Auto Care LLC v. AutoZone Stores, Inc. (N.C. Super.) (2012-2013).

      Defended national auto parts store chain in lease dispute against claims by property owner demanding payment of property taxes. M&S Properties v. Advance Stores Company, Incorporated (D.S.C.) (2012-2013).

      Defended numerous chain retail stores in slip and fall and other premises liability matters.