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Partner & Group Head Litigation, Intellectual Property, Competition & Labor Group
Charlotte (704) 378-4708 Phone (704) 331-4222 Fax Washington (202) 419-2056 Phone (202) 778-2201 Fax
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Practices |
Class Action, Multidistrict Litigation Complex Consumer and Financial Services Litigation Construction & Engineering Law Intellectual Property Life Sciences Litigation Trade Secrets
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Co-Head of the firm's Litigation, Intellectual Property, Competition, and Labor Group. Frank Emory's practice focuses on complex commercial litigation. With more than 25 years in practice, Mr. Emory has tried more than 60 cases in state and federal courts and before arbitration panels and administrative agencies. He has extensive experience in the financial services industry, handling numerous cases involving structured finance products and related intellectual property issues, and he has represented several large financial institutions.In addition to clients in the financial services industry, he has represented many publicly traded and privately held companies, both domestic and foreign, including major manufacturers in the automotive field and large health care organizations. The cases he has handled cover a broad range as well, from products liability and theft of trade secrets to securities and consumer fraud. He joined the firm in 2001 and, in addition to serving as co head of the firm's 375+ lawyer Litigation, Intellectual Property, Competition, and Labor Group, is a member of the firm's Executive Committee.
Relevant Experience
- Represented a major financial institution in defense of claims of fraud, theft of trade secrets, in connection with nationwide product launch.
- Successfully defended a major financial institution in a S.D.N.Y. patent infringement suit in which the jury rendered a complete defense verdict of no infringement and invalidity of the plaintiff's patent.
- Represented major financial institutions in class actions arising out of claims for unfair and deceptive trade practice, usury, predatory lending practices, violations of Truth and Lending Act, RESPA.
- Obtained complete defense result on behalf of Big Three auto manufacturer in products liability class action related to use of Class Action Fairness Act.
- Represented a group of investors against claims of securities fraud and breach of contract in connection with organization of a bank.
- Represented Duke University and Duke University Health System, Inc. in successful defense of negligence and professional medical liability cases.
- Successfully represented major financial and manufacturing institutions in a variety of contract disputes involving intellectual property and antitrust issues.
- Represented policyholders in disputes against commercial insurers over coverage for litigated and other claims.
- Defended numerous employment cases arising out of federal and state law causes of action, specifically including Title VII of the Civil Rights Act of 1964, wrongful discharge, constructive discharge and sexual harassment.
- Successfully defended a patent infringement case for an international products manufacturer.
- Represented closely held companies in shareholder disputes.
- Successfully handled complex medical negligence matters in both trial and arbitration.
Background
- Law Clerk, Honorable Charles L. Becton, Judge, North Carolina Court of Appeals (1982–83)
Membership
- North Carolina Bar
- District of Columbia Bar
- Admitted to Practice: North Carolina Business Court; U.S. District Court for the Eastern, Middle and Western Districts of North Carolina; North Carolina Supreme Court; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Eleventh Circuit, U.S. Court of Appeals for the Federal Circuit; District of Columbia Court of Appeals; Supreme Court of the United States
- Duke University, Board of Trustees and Executive Committee
- Duke University Health System, Inc., Board of Directors and Chair of Audit Committee
- American Law Institute
- National Institute of Trial Advocacy, Certified Instructor
- Fellow of the Litigation Counsel of America
- North Carolina Appellate Rules Committee
- North Carolina State Bar, former Vice Chair, Disciplinary Hearing Commission
- Charlotte Chamber of Commerce, General Counsel
- Mecklenburg County Bar, former President
- American Bar Association, former Co-Chair, Trial Evidence Committee, Section of Litigation
Awards and Professional Recognition
- Chambers USA Guide for General Commercial Litigation
- North Carolina Super Lawyers (2009, 2010)
- The Best Lawyers in America for Commercial Litigation (2008, 2009, 2010)
- AV® Peer Review Rated in Martindale-Hubbell
- Recipient, Citizen Lawyer, North Carolina Bar Association (2010)
- Recipient, Diversity in Business Award, Charlotte Business Journal (September 2006)
- 16 African-Americans Who Are Changing the Face of the City: Making an Impact, Charlotte magazine (February 2002)
- Recipient, Order of the Long Leaf Pine | North Carolina's highest civilian honor (2001)
- Executive Profile: Thinking Ahead, North Carolina magazine (July 2001)
- Recipient, Schley Lyons Leadership Award, Leadership Charlotte (1991)
Education  - J.D., University of North Carolina School of Law, Morehead Fellow
- A.B., Duke University, cum laude and A.B. Duke Scholar
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Frank Emory, Jr.
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