Criminal Law

• Criminal Defense
  Ellis & Winters partners are leaders in the federal criminal defense bar. Partners Kelly Margolis Dagger and Paul Sun have each served on the Local Criminal Rules Committee for the Eastern District of North Carolina, using their unique perspectives and experience to shape the practice of federal criminal law in the district. Kelly and Paul, along with associate Frank O’Hale, serve on the Criminal Justice Act panel for the Eastern District of North Carolina, accepting federal felony cases for criminal defendants who cannot afford counsel. Kelly devotes further time to promoting high-quality representation of all defendants, even those who cannot afford counsel, by serving on the committee that oversees the Eastern District of North Carolina’s Criminal Justice Act panel. Kelly is a regular speaker at seminars on federal criminal practice. Kelly, Paul, and partner Michelle Liguori also serve on the Criminal Justice Act panel for the United States Court of Appeals for the Fourth Circuit, handling federal criminal appeals in felony cases where the defendant cannot afford counsel.
• Traffic Violations
  Can you go to jail if you don’t pay your traffic tickets?  This question loomed behind a recent Eleventh Circuit appeal in Carter v. City of Montgomery. While the Eleventh Circuit had “no occasion to assess the legality, let alone the wisdom,” of jailing those who fail to pay traffic […]
• Fraud
  We have successfully defended corporate CEOs in federal 10b-5 civil trials, as well as in criminal investigations and prosecutions. Our clients charged with securities fraud have included investment firms, banks, and insurers, with separate claims often being asserted against their officers and directors. In addition to fraud cases, we have defended a major manufacturer that was alleged to have failed to provide timely registration rights in a corporate acquisition.
• Assault
• Restraining Order
  Prosecution of trade secrets claims in Mecklenburg Superior Court against employees who left a manufacturer and set up competing for business. Obtained temporary restraining order, expedited discovery, and preliminary injunction, followed by trial resulting in judgment for treble damages and attorneys’ fees totaling $1.2 million.
• Money Laundering
  Our experienced criminal defense team represents individuals and companies in a wide range of criminal proceedings and adjacent investigations and civil proceedings, including qui tam proceedings under the False Claims Act. Collectively, we have defended clients in white collar prosecutions and investigations involving bank fraud, healthcare fraud, federal programs bribery, Paycheck Protection Program (PPP) loan fraud, Economic Injury Disaster Loan (EIDL) fraud, money laundering, public corruption, mail and wire fraud, tax-related crimes, immigration-related crimes, and mortgage fraud, among other allegations. We have also represented numerous defendants on other serious federal felony charges, including firearms offenses, controlled substances offenses, homicides, and property crimes. Business clients retain us to structure and conduct internal investigations stemming from allegations of misconduct within the business, sometimes involving current executives or employees. Our in-depth knowledge of criminal law and procedure and our wealth of experience with prosecutors and law enforcement enable us to provide our clients with advice and advocacy tailored to each unique case.

Business and Corporate Law

• Mergers and Acquisitions
• Business Formation
• Construction Contracts
• Trade Secrets
• Intellectual Property
  We have significant experience in intellectual property litigation. Our attorneys have prosecuted and defended claims for infringement and misappropriation of trade secrets, patents, copyrights, and trademarks in state and federal courts across the nation. We are particularly experienced in obtaining preliminary injunctions against those seeking to raid a company's employees, steal its trade secrets or other intellectual property, or otherwise harm its business. Our attorneys have used the Computer Fraud and Abuse Act, the Wiretap Act, and the Lanham Act, as well as expedited discovery procedures, in obtaining statutory damage awards against such actors.
• Antitrust

Employment Law

• Wrongful Termination
  A detention center employee disclosed confidential information about an inmate’s death to the employee’s spouse, who worked for a local news station. The employee’s spouse disclosed the information to an investigative reporter, setting off a wave of media attention focused on the actions of detention officers leading up to the inmate’s death. The sheriff initiated an internal investigation to determine how the confidential information was disclosed. The employee first lied to investigators and denied that he was the source of the leak, but later admitted his actions. The employee declined the opportunity to resign, and the sheriff terminated the employee’s employment. The employee sued the sheriff under 42 U.S.C. § 1983, alleging wrongful termination in retaliation for the employee’s exercise of his First Amendment rights. The district court initially ruled that the employee’s speech in disclosing information about the inmate’s death was protected by the First Amendment, because the employee’s speech did not cause any disruption at his place of employment. On appeal, the Fourth Circuit reversed on the ground that the district court applied an incorrect legal standard; the district court should have considered whether the speech caused a reasonable apprehension of disruption, not whether it caused actual disruption. Applying the reasonable apprehension standard on remand, the district court ruled that the employee’s speech was not protected by the First Amendment, and therefore granted the sheriff’s motion for summary judgment. On the employee’s appeal, the Fourth Circuit affirmed.
• Employment Discrimination
  Prima facie case of sex discrimination based on a hostile work environment, a plaintiff must prove (1) unwelcome conduct; (2) based on the plaintiff’s sex; (3) sufficiently severe or pervasive to alter the plaintiff’s conditions of employment and create an abusive work environment; and (4) that the conduct is imputable to the employer. The Supreme Court recognized in
• Non-compete Agreement
  Defense of individuals accused by their former employers of misappropriating trade secrets and/or violating non-compete agreements, resulting in dismissals of claims.
• Sexual Harassment
  Fourth Circuit affirms summary judgment for employer on Title VII retaliation claim, but vacates and remands for further proceedings on Title VII sexual harassment claim based on same-sex harassment.

Property Law

• Real Estate Litigation
• Premises Liability
• Construction Litigation
  We represent virtually every sector of the construction industry—from developers and owners to general contractors and subcontractors to material suppliers and manufacturers—in both commercial and residential projects and litigation. Our experience extends not only private projects but public contracting as well, where we have represented clients in claims and disputes against both the state and federal government. We have worked on cases throughout the Southeast, including matters involving breach of contract, lien and bond claims, surety takeover agreements, construction defect claims, products liability disputes over building materials, and toxic mold claims.
• Land Use and Zoning
  Urban Land Institute (ULI) is the largest and oldest network of cross-disciplinary real estate and land use experts in the world. Their mission is to shape the future of the built environment for transformative impact in communities worldwide. ULI members are committed to connect, inspire, and lead.
• Property Damage
  When a fire or explosion results in significant property damage or serious personal injury, an investigation of the "origin and cause" inevitably follows. In many cases, the evidence developed during the investigation determines whether a lawsuit will be initiated against a product manufacturer or supplier and, if so, whether the defendant will be able to mount an aggressive defense. Ellis & Winters attorneys are intimately familiar with NFPA 921 and the investigatory process. We are frequently retained by product manufacturers and suppliers as soon as they are placed on notice of a fire. Together with a team of nationally recognized experts, we attempt to prevent litigation at the outset by assembling evidence that debunks an alleged causal association between the product and the fire. When litigation is inevitable, we capitalize on the investigatory process to build the best defense available under the facts. By representing clients aggressively at the investigatory stage, Ellis & Winters attorneys place our clients in the best position to reduce the expense and risk of litigation and trial.

Health Law

• Personal Injury
  Defense of a developer against numerous claims of moisture intrusion and mold growth in a substantial townhome development, including personal injury claims arising from alleged exposure to mold.
• Medical Malpractice
  Ellis & Winters attorneys have extensive experience in cases that involve medical services and alleged medical or professional malpractice. We have represented and defended hospitals, psychiatric institutions, national laboratories, and individual healthcare practitioners throughout North Carolina. Ellis & Winters attorneys recognize the impact of settlement on individual practitioners. As a result, we approach every malpractice action as a case we intend to try to verdict. We likewise have extensive experience defending medical malpractice actions in jury trials.

Trusts and Estates

• Estate Planning
  Trust and estate controversies are some of the most difficult situations that families may ever encounter. Additionally, these disputes often affect family members’ ability to grieve and find closure following a loved one’s death. Our trust and estate litigation team members are highly skilled and experienced, and they understand the […]

Finance Law

• Bankruptcy
  Members of the Bankruptcy and Creditors’ Rights team of Ellis & Winters integrate their substantial understanding of bankruptcy law and procedures with their depth of transactional and litigation experience in finance and commercial real estate development to guide business and real estate creditors, investors, and equity holders to the best outcomes in pre-bankruptcy, bankruptcy and adversary proceedings.
• Foreclosure
  The firm has comprehensive experience in this field that includes representation in bankruptcy courts across and beyond North Carolina, and in foreclosures, restructurings, and workouts. The team’s specific experience includes representation of secured and unsecured creditors in cases under all chapters of the Bankruptcy Code and in adversary proceedings; negotiation and implementation of forbearance, subordination, and inter-creditor agreements; negotiation and documentation of Debtor-in-Possession (DIP) financing; actions to dispose of property under the Uniform Commercial Code; prosecution of and defense against challenges to the security interests, liens and claims of secured creditors; and advising asset-based and real estate lenders regarding foreclosures, receiverships, workouts and restructurings outside of bankruptcy.