Attorney David C. Osborn's Legal Cases

Business

Commercial Contract Dispute

May 09, 2018

OUTCOME: Favorable settlement for small business vs giant corporation

Represented manufacturer/developer of precision agriculture tech solution in AAA-administered arbitration of breach of multi-million dollar contract dispute with former exclusive nationwide distributor ... of client's product. Successfully fended off distributor's attempt to challenge enforceability of arbitration clause and threatened proceedings in its home state, as well as defense alleging that contract could be terminated any time under protectionist state distribution agreement laws. Navigated successful discovery efforts, including on site and remote depositions of company employees and former employees, of company. At and after mediated settlement conference, negotiated confidential lump cum cash settlement on favorable terms.

Commercial real estate

Commercial Business Loan Dispute (Confidential)

Jan 01, 2008

OUTCOME: Negotiated favorable pre-trial settlement

Represented private lender on claims vs. borrower/business owner for non-payment of $150,000 business development loan, primarily by demonstrating through discovery that borrower had manufactured and f ... alsified purported evidence of cash payments.

Construction and development

Enforcement of Design-Builder Lien Claims (Confidential)

Jan 01, 2005

OUTCOME: Filed & perfected lien claims; negotiated favorable settlement

Represented design-build company on multiple breach of contract claims by owner following completion of $5M warehouse facility; coordinated with counsel for related general contractor to preserve barga ... ining power in addressing owners’ claims.

Employment and labor

Sexual Harassment (Confidential Settlement)

Jan 01, 2004

OUTCOME: Negotiated favorable pre-litigation settlement agreement obtaining monetary damages, job reinstatement, and employee discipline of perpetrator,

Represented female pharmaceutical sales representative asserting claims of quid pro quo and hostile work environment sexual harassment against a supervisor who made unwelcome sexual advances and condit ... ioned further reviews on compliance with his requests.

Business

Acoustics, Inc. v. Shores

Jan 01, 2002

OUTCOME: Preliminary Injunction + dismissal of appeal based on mootness

Obtained preliminary injunction for ceiling and fire protection systems contractor vs. former employee who had executed 1 year non-compete agreement, but attempted to launch competing company

Employment and labor

Ploplis v. Panos Hotel Group, 267 F.Supp.2d 487 (M.D.N.C. 2003)

N/A

OUTCOME: Obtained summary judgment & an award of attorneys' fees

Represented hotel property management group on female former employee's claims of gender pregnancy discrimination