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 fidicuary 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 

Representative Cases

Austin Maint. & Constr., Inc. v. Crowder Constr. Co. et al, 2012 N.C. App. Lexis 1452 (N.C. App. COA-12-201 Dec. 18, 2012)

Court of Appeals Affirms Summary Judgment Order Dismissing Breach of Fiduciary Duty and Unfair Trade Practice Claims

Kornegay v. Aspen Asset Group, LLC, 204 N.C. App. 213, 693 S.E.2d 723 (2010)

Successful jury trial representation in Business Court and subsequent appeal to enforce employee's profit-share compensation contract

Hogoboom v. Landcraft Props., Inc., 127 N.C. App. 381, 489 S.E.2d 434 (1997), disc. rev. denied, 347 N.C. 399 (1998).

Town Center Assocs. v. Y & C Corp., 127 N.C. App. 381, 489 S.E.2d 434 (1997), disc. rev. denied, 347 N.C. 585 (1998).

Spragins v. Linsco/Private Ledger Corp., NASD (now FINRA) Dispute Resolution Case No. 04-07713.

NASD Arbitration Panel Awards $1.4 Million

Smith Barney, Inc. v. Bardolph, 131 N.C. App. 810, 509 S.E.2d 255 (1998).

Disclaimer

The material on this website is not provided as legal advice. The cases mentioned on this website are illustrative of the matters handled by the firm and do not include all prior cases or results. Results in any case depend upon a variety of factors unique to each case. Prior results do not guarantee a similar outcome in any future case.

joe-moss

Contact Info

jmoss@ebcmlaw.com

P: (704) 716-1205

F: (704) 716-1201

4521 Sharon Road
Suite 350
Charlotte, NC 28211

Education

Davidson College, B.A., 1988

Omicron Delta Epsilon, Economics Honor Society

Wake Forest University School of Law, J.D., Cum Laude, 1993

Managing Editor, Wake Forest Law Review, 1992-93

Work Experience

Erwin, Bishop, Capitano & Moss, PA, 2002 - present

Kennedy Covington Lobdell & Hickman, LLP, 1994-2001

Law Clerk to Hon. N. Carlton Tilley, Jr. United States District Judge for the Middle District of North Carolina, 1993-94

Andersen Consulting (now Accenture), 1988-90

Bar Memberships & Court Admissions

North Carolina, 1993

South Carolina, 1993

American Bar Association:  Forum on the Construction Industry; Litigation Section

Activities & Interests

Presenter, Everyday Ethics in Construction Law and Litigation, NCBA CLE, September 29, 2012, Concord, N.C.

Site Coordinator, Sticks & Bricks CLE Program, ABA Forum on the Construction Industry, October 2011, Charlotte, N.C.

Presenter, Construction Litigation, Ethics, CLE Program, Mecklenburg County Bar, February 1, 2011, Charlotte, N.C.

Presenter, Lien on Me:  When Developers, Lien and Title Insurance Collide, Ethics, February 22, 2007, Cary, N.C. 

Chair, Construction Law Section of the North Carolina Bar Association, 2006-07

Mecklenburg County Bar Board of Directors, 2001-2004

N.C. State Bar Young Lawyer Delegate to ABA House of Delegates, 1999-2001

Chair, NCBA YLD Disaster Legal Services Committee, 1996-98

Member, NCBA YLD, Executive Council, 1996-98, 1999-2001

Golf

Youth Soccer Coach

Boating

Honors

Martindale Hubbell, AV Preeiminent peer review rating

Business North Carolina, Legal Elite for Construction Law 2006, 2008, 2009, 2010, 2011, 2012, 2013

Charlotte Law & Politics SuperLawyers for Business Litigation, 2006-2013

Outstanding Young Lawyer Award, 1996-97, Presented by NCBA Young Lawyers Division

Super Lawyers Magazine; "The Top 100" lawyers in North Carolina, 2015