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Fred M. Wood Jr.

Fred M. Wood Jr.

Partner, Business Litigation Leader, Banking & Financial Services Leader

T (704) 384-2646
F (704) 384-2922
Overview

Fred Wood is the Charlotte office Litigation Practice Area Leader, Chair of the firm’s Business Litigation Team and co-Chair of the firm’s Business Court Team.

He represents companies in a variety of matters, including cases involving unfair business practices and methods of competition, the North Carolina Trade Secrets Protection Act, business torts, and class actions. He has prosecuted and defended businesses and their interests with regard to all aspects of commercial contracts. He has significant experience in securing and defending against Temporary Restraining Orders, Preliminary Injunctions and Permanent Injunctions in order to protect business strategies, assets (hard and soft) and capital of commercial clients in a wide variety of jurisdictions. He has also represented companies, partnerships and individuals in shareholder and partnership disputes and oppression claims by minority shareholders.

A significant portion of Fred's practice focuses on financial services litigation. He has represented banks, financial institutions, investment advisors and other professional services firms in matters that include securities lending and litigation, professional liability, antitrust, breach of fiduciary duty, transactional and contractual disputes.

Fred represents companies in complex arbitrations and before the North Carolina Business Court, and in both State and Federal courts. He has also argued before the North Carolina Court of Appeals and the North Carolina Supreme Court, as well as having appeared numerous times before the Office of Administrative Hearings in a variety of contested cases for clients affected by state agency actions.

Recognizing that change is needed for managing, performing and delivering quality and customized legal services, Fred partners with clients to bring an innovative, yet practical, approach to his practice.  A certified Legal Lean Sigma® Yellow Belt, Fred is committed to leveraging process improvement and project management principles to determine the best ways to perform and deliver legal work such that the firm’s interests are aligned with the client’s interests.

Fred has been selected by Chambers USA: America's Leading Lawyers for Business in litigation (2009) and general commercial litigation 2010-2016, is listed in Business North Carolina's Legal Elite in litigation 2008-2012, North Carolina Super Lawyers in Business Litigation (2014-2017) and has been AV rated by Martindale-Hubbell for sixteen years.

An active participant in civic and community affairs, Fred coaches youth sports, and is a member of Christ Episcopal Church where he teaches youth Sunday school and has served on various committees.

Achievements
  • North Carolina Super Lawyers, Listed Business Litigation (2014-2017)
  • Selected to Super Lawyers Business Edition list, Business Litigation (2014, 2015)
  • Business North Carolina's Legal Elite, Litigation (2008-2012)
  • Recognized by Chambers and Partners, USA, as one of North Carolina Leaders, Litigation (2009), General Commercial Litigation (2010-2016)
  • Martindale-Hubbell's top ("AV") Peer Review Rating *
  • Honored by The Association of Trial Lawyers of America for outstanding service to individuals and families who sought compensation under the September 11th Victim Compensation Fund following the September 11th attacks. Pro bono service included compiling information for submission to the panel, appeals of insufficient awards, and arbitrations in NYC on behalf of victims.

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Experience

Representative Work

  • Cartridge Limited v. JRI Development Group, LLC (N.C. Business Court) (represented automotive technology, research, design and engineering company prosecuting claims for unfair and deceptive trade practices, breach of fiduciary duty, misappropriation of trade secrets, breach of contract, and fraud related to a competitor's theft of client's inventions, patents, patent applications and proprietary technology) (2009-2012).
  • Scott v. Lackey et Al. (N.C. Business Court) (represented members of LLC in defense against claims of securities fraud, breaches of fiduciary duty, and fraud, and prosecution of claims against members of LLC and third-parties defendants for defamation, breach of contract, unfair and deceptive trade practices, fraud, and contribution related to the winding down of hedge funds and private equity funds) (2011-2013).
  • Daramic, LLC v. Koch et. Al. (N.C. Business Court) (prosecution of trade secret misappropriation claims related to the manufacture of battery separators) (2011-2012).
  • Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (N.C. Business Court) (prosecution of claims for investment losses suffered in a structured investment vehicle in a securities lending program) (2008-2011).
  • BV Retail v. Donnelly (W.D.N.C.) (trial to verdict in case involving the defense of breach of guaranty agreement for a commercial lease) (2013-present).
  • U.S. Airways, Inc. v US Airline Pilots Association, et. Al. (W.D.N.C.) (prosecution of injunction action on behalf of airline against pilots union) (2011-2012).
  • Thompson Hospitality, LLC v. The Paine College (S.D. Ga.) (prosecution of claims for breach of contract and defense of counterclaims arising out of the termination of agreement to provide on-campus food and catering   services) (2012-present).
  • McManus v. GMRI, Inc. (M.D.N.C.) (defense of claims for breach of lease, negligence, and unfair and deceptive trade practices related to the closing of Olive Garden restaurant) (2011-2012).
  • Represented a major reinsurance company in putative bad faith litigation and treaty disputes with other reinsurers.
  • Defended class action lawsuits and issues arising out of class certification related to securities matters.
  • Represented ILECs in litigation arising out of the Telecommunications Act of 1996, including interconnection agreement (ICA) disputes involving local and nonlocal ISP-bound traffic, VoIP and "enhanced" traffic, and the applicability of switched access charges to various traffic.
  • Defense of the largest hosiery manufacturer in Europe in a breach of contract and Unfair and Deceptive Trade Practices action in which the Plaintiff claimed damages in excess of $600 million regarding client's acquisition and purchase of the third largest textile manufacturer in the United States.
  • Represented a national petroleum producer in a putative class action alleging contamination to air, soil and ground water.
  • Prosecution of claims in arbitration on behalf of investment banking firm over contract dispute
  • Prosecution of arbitration awards regarding commercial contract disputes on behalf of national vendor in states across the Southeast.
  • Defense of national grocery chain in numerous commercial lease disputes, including "continuous operations" clause disputes with Landlords.


* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Publications

March 10, 2011

Published Works

  • Co-authored "North Carolina Law for Design Professionals" (Sept. 19, 1997)

Presentations

  • Moderator, "Data Security Breach: The New Third Certainty of Life, Association of Corporate Counsel-Charlotte Chapter," Charlotte, NC, February 4, 2015
  • "Helpful Hints for Drafting Forum Selection Clauses and Integration Clause to Avoid Litigation Heartache," (May 2014) (Charlotte Chapter of the Association of Corporate Counsel)
  • "Strategies and Techniques to Maximize Your Potential to 'Win' Your Next Mediation" (March 2014) (Charlotte Chapter of the Association of Corporate Counsel)
  • "What's Protected? Recent Developments Regarding the Attorney-Client Privilege and Experts" (September 2011) (Charlotte Chapter of the Association of Corporate Counsel)
  • "A Primer on the North Carolina Business Court" (March 2013) (Charlotte Chapter of the Association of Corporate Counsel)
  • "Taking and Defending Depositions in North Carolina -- The Purpose and Philosophy of Depositions and Preparing Your Witness" (February 4, 2010, February 4, 2011, and February 5, 2013)
  • "Business Torts: Deception, Fraud and the Usual Suspects" (April 21, 2006)
  • "Business Litigation: Proving Economic Damages in North Carolina -- The Economic Loss Rule" (February 10, 2005) (Mecklenburg County CLE seminar)
News

News

Industries
Education
  • Wake Forest University, Babcock Graduate School of Management, M.B.A., 1991
  • Wake Forest University School of Law, J.D., 1991
  • University of North Carolina at Chapel Hill, B.A., 1986
Admissions
  • United States Court of Appeals, Fourth Circuit
  • United States District Court, Western District of North Carolina
  • North Carolina
  • United States District Court, Eastern District of North Carolina
  • United States District Court, Middle District of North Carolina
Affiliations
  • American Bar Association
  • North Carolina Bar Association
  • Mecklenburg County Bar
  • Wake County Bar
  • Defense Research Institute
  • North Carolina Association of Defense Attorneys
  • Orientation facilitator for the Mecklenburg County Bar
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