Kerner Law Firm, PLLC, 2006-Present
Wilmer Cutler Pickering Hale & Dorr, Washington DC.
Appellate Litigation Group, 1999-2006
State Bar of North Carolina
North Carolina Bar Association
5th Judicial District Bar Association
Admitted to practice in the Eastern and Western Federal District Courts for North Carolina
NC LEAP Volunteer
Contracts, Fraud, Deceptive Trade Practices, Trade Secrets, Intellectual Property, Fraudulent Transfer Cases
Erichsen v. RBC Capital Markets, LLC, 7:11-cv-190 (E.D.N.C.) (representing high-volume professional securities trader in Federal case against broker alleging Fraud, Deceptive Trade Practices, and other allegations)
Espetus Churrascaria, Inc. v. Espetus Brazilian Steakhouse, Inc., No. C 12-0126 JSW (N.D. Cal.). Obtained outright dismissal of trademark infringement claim in Federal Court in San Francisco, California while defending Wilmington restaurant.
Bank of America, N.A. v. Alliance Construction, et al., 10 CVS 2537 (Onslow County), 12 CVS 487 (New Hanover County), 12 CVS 1876 (Onslow County) and JAMS REF. NO. 1440003522. Defended developer corporation, shareholders and guarantors, and filed counterclaims for ECOA violations by Bank of America, breach of contract, and deceptive trade practices, against action by bank to collect on $5.5 million note. After multiple lawsuits spanning four calendar years in two counties, one trial, and an arbitration proceeding, settled confidentially just prior to arbitration hearing.
Oxford Street Properties, LLC v. Urban Smart Growth-Belville, LLC, et al (10 CVS 45 New Hanover County) Represented a Los Angeles, California developer in a politically sensitive high-profile case alleging violation of the North Carolina Uniform Fraudulent Transfer Act with regard to parcels of property in Belville and Wilmington, including the controversial, one million square foot "Five Points" development project on the Belville riverfront, as part of a multi-state effort to collect on a $29 million arbitration award; case was settled confidentially.
PPD, Inc. v. Laughlin, 08 CVS 2531 (New Hanover County). Defended former financial officer of publicly traded (at the time) corporation in case brought by PPD for breach of stock option agreement, violation of non-compete clause, and violation of non-solicitation of former employees clause. Case settled to the satisfaction of all parties without incurring significant litigation costs.
Broda v. Day, (11 CVS 715 New Hanover County) Represented Canadian citizen in action alleging he had been defrauded by a Wilmington yacht broker; obtained preliminary injunction freezing $37,500.00 in brokers bank account after learning of his plan to flee to the Bahamas. Later obtained a $128,200.85 judgment for Fraud and Unfair and Deceptive Trade Practices against pro se defendant in case arising out of contract to purchase yacht.
Lee Enterprises Mfg. Co. v. Koke, (07 CVS 3434 New Hanover County) Represented a cabin manufacturer from Elkhart, Indiana in a contentious case alleging Fraud, Deceptive Trade Practices, NSF Checks and other claims; although Defendants were represented by experienced counsel, we nevertheless obtained a $748,220.73 default judgment against all parties jointly and severally; subsequently defeated Defendants' Rule 60 motion to set aside judgment, then successfully moved to dismiss Defendants' appeal. Defendant was later convicted of a felony in connection with his actions giving rise to this case.
Day-Lewis v. Lumber Liquidators, Inc., et al., (08 CVS 2850 New Hanover County) Defended national wood flooring inspection company against claims alleging Unfair and Deceptive Trade Practices, Breach of Contract, Breach of Warranty and other claims. Plaintiff voluntarily dismissed shortly before our motions for Summary Judgment and Rule 11 sanctions were to be heard. Client paid Plaintiff nothing.
David Long & Assocs v. Kwiatek, et al, (10 CVS 4623 New Hanover County). Filed 47 page affidavit with numerous exhibits to defeat employer's motion for preliminary injunction in case alleging violation of the North Carolina Trade Secrets Act, Unfair and Deceptive Trade Practices, Conversion, and Tortious Interference with Contract. This effectively ended the case, resulting in a confidential settlement shortly thereafter.
Lee v. Equalizer, Inc., et al., (10 CVS 4700 New Hanover County). Defended Wilmington, NC manufacturing corporation, its President and a shareholder, in an action by a Taiwanese shareholder seeking dissolution, and alleging Deceptive Trade Practices, Breach of Fiduciary Duty, and seeking injunctive relief and the appointment of a receiver; after our Motion to Stay Pending Corporate Investigation, pursuant to N.C. Gen. Stats. § 55-7-43, Plaintiff failed to comply with various court orders and was held in civil contempt; Complaint was later involuntarily dismissed with prejudice as a contempt sanction against the Plaintiff in September 2011.
State ex rel. Cooper v. Heil, et al (08 CVS 09961 Wake County) Defended paving contracting company and its owner in Attorney General Roy Cooper's suit alleging they had conspired to violate the North Carolina Deceptive Trade Practices Act, alleging numerous violations in multiple counties and seeking in excess of $1.4 million in damages. We vigorously defended this case and rebutted almost every one of the Attorney General's claims, who ultimately settled for just $50,400.00.
Zero International v. The Finishing Advantage, Inc. (Duplin County, Arbitration). Defended Georgia- based powder-coat system manufacturer in case brought by New York corporation alleging breaches of warranty and unfair and deceptive trade practices arising out of a factory in Wallace, NC. Plaintiff sought well over $200,000 in damages but after we picked apart its claims of damages, Plaintiff was awarded just $30,000).
Spivey v. New Directions Group Care Management, LLC, 08 CVS 1787 (Columbus County) Defended a Whiteville, NC Limited Liability Company and its Manager in an action by former member seeking involuntary dissolution and receivership, as well as allegations of Fraud, Conversion, and Deceptive Trade Practices; settled just prior to hearing on our motion for Summary Judgment.
Financial Services / Debt Collection / Judgment Recovery
Recovered more than $120,000.00 from corporate defendant on domesticated New Jersey judgment. Ives v. Myers Inv. Servs., (10 CVS 743 Harnett Co). (September 2011).
Pre-execution $43,000.00 negotiated settlement with Delaware corporation (Bhan v. ICI, 09 CVS 6175 New Hanover Co.) (Sept. 2010).
Recovered $25,000.00 after multiple post judgment motions and hearings, as well as efforts to track assets in Onslow, Pender and New Hanover counties. Eschert v. Chen(08 CVS 2958 New Hanover County) (June 2010).
Obtained $20,000.00 settlement just prior to execution sale on residence. Commonwealth Land Title Co. of NC v. Barker, (07 CVS 1407 Guilford County) (Aug. 2011)
Gourvitz v. Colfax, (10 CVS 1491 Randolph County) Successfully domesticated $160,000.00 New York judgment, followed by settlement (terms confidential) just prior to execution sale on residence, July 2011.
Recovered $25,000.00 from disbarred attorney on behalf of fraud victims. Tanner v. Smith, 08 CVS 8998 (Cumberland County) (February 2013)
Represented State Employees Credit Union, Commonwealth Land Title, and TrustAtlantic Bank in numerous collection, repossession and related matters.
Administrative and Regulatory Agencies.
NC Dept. of Labor v. Alliance Construction Corp. of NC, OSHANC 2011-5139. Defended builder in case involving penalties for alleged OSHA violations; fine reduced by more than 50% with no admission of liability or wrongdoing.
State ex rel. Cooper v. Heil, et al (08 CVS 9961, Wake County). Defended paving contractor against North Carolina Attorney General Roy Cooper in Deceptive Trade Practices alleging actions in multiple counties and seeking in excess of $1.4 million in damages; settled for $50,400.00.
Education, Honors and Awards
California Western School of Law (Juris Doctor) 1998
American Jurisprudence Award
St. Mary’s College of Maryland, B.A. (Philosophy) 1992