Joseph W. Moss, Jr.

Joe's practice is focused on business litigation arising from construction, real estate development, finance, securities transactions, employer-employee relations, technology transactions and business torts including defamation, breach of fiduciary duty, fraud, misappropriation of trade secrets and unfair trade practices.  Joe frequently represents individuals, privately owned businesses, publicly traded companies and local governments.  His trial experience includes cases in the North Carolina Business Court, United States District Courts, United States Bankruptcy Courts and arbitrations administered by FINRA (formerly NASD) and the American Arbitration Association.  Joe is certified as a mediator by the North Carolina Dispute Resolution Commission. Joe is licensed to practice law in North Carolina and South Carolina.  

Joe is AV Preeminent® rated in Martindale Hubbell's peer review rankings, voted seven times to Business North Carolina's Legal Elite® for Construction Law and voted to Charlotte Law & Politics SuperLawyers® for Business Litigation annually since 2006.  Joe served as Chair of the North Carolina Bar Association's Construction Law Section in 2006-07.

Representative Matters and Practice Descriptions: 

Construction, Construction Litigation and Construction Arbitration

• Contract negotiation and drafting, bid protests, mechanic's liens, and licensing hearings
• Litigation and arbitration of contract disputes, lien claims, defect claims, and payment and performance bond claims
• Clients include owners, design professionals, contractors, trade subcontractors and surety companies

Business Torts and Contract Matters

• Obtained an $800,000 judgment for hotel developer arising from loan broker fraud and breach of contract
• Represented a medical product manufacturer against a competitor for civil conspiracy, trade secret misappropriation, unfair trade practice and interference with contract
• Represented a large technology firm in a claim for breach of a software license agreement
• Represented a selling company in an earn-out compensation claim relating to post closing company performance
• Defended defamation and unfair trade practice claims

Securities Litigation and Arbitration

• Arbitrated a customer claim resulting in $1.4 million arbitration award against a broker and firm
• Represented an investment fund in a securities fraud action arising from a $25,000,000 investment
• Represented a broker in an employment and compensation dispute with securities firm

Employment Related Business Litigation

• Defended a breach of fiduciary duty and unfair trade practice claims asserted against employee 
• Defended a CPA in trade secret misappropriation case
• Prosecuted an employee’s claim for bonus compensation resulting in a $900,000 jury verdict and judgment in the North Carolina Business Court
• Enforcement of non-compete agreement for employer client

Real Estate Brokerage Related

• Obtained a $200,000 judgment for a commercial real estate broker in commission collection action
• Defended brokers before NC Real Estate Licensing Board

Real Estate Litigation

• Represented commercial landlords in ejectment and collection actions
• Defended condemnation actions for land owners relating to highway projects
• Represented commercial property owners and loan guarantors in default and foreclosure proceedings on a multi-million dollar development loan

Financial Services and Bank Related Claims

• Represented banks and customers in check processing, forgery and related UCC claims

Federal Court Litigation

• Defended produce company in PACA claim
• Local counsel for patent holder in patent litigation

NASCAR Related Litigation

• Defended team owner from former employee’s claims of fraud and breach of contract arising from employee’s claimed ownership interest in team
• Defended securities firm employee in a fraud action arising from a proposed $30,000,000 investment in a race team
• Represented team sponsor in a contract dispute with team owners

Trust and Estate Litigation

• Represented beneficiaries in multi-party action relating to administration of multi-million dollar trust

Personal, Injury and Medical Malpractice

• Represented plantiffs in personal injury and medical malpractice claims

Mediation

• Certified for N.C. Superior Court Mediations 

Joseph W. Moss, Jr. visit superlawyers.com