Fred M Wood Jr
(The following information was supplied by the firm)
Partner
Fred 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 commercial contracts. He has 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 variety of jurisdictions. He has also represented companies, partnerships, and individuals in shareholder and partnership disputes and oppression claims by minority shareholders.
Fred also 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 has experience representing lessors, lenders, and funding participants in workouts, litigation, repossession, bankruptcy, and foreclosure proceedings. He represents national, international, and captive equipment leasing companies, commercial banks, and alternative lending financial institutions in state, federal, and bankruptcy courts.
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.
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.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Representative Matters
- Represented a major reinsurance company in putative bad faith litigation and treaty disputes with other reinsurers
- 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
Previous Professional Experience
- Cartridge Limited v. JRI Development Group, LLC (N.C. Business Court) Represented 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) Representation 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)
- U.S. Airways, Inc. v U.S. Airline Pilots Association, et. al. (W.D.N.C.) Prosecution of injunction action 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)
- 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 one of the largest hosiery manufacturers 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 groundwater
- 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
Education
- Wake Forest University, Babcock Graduate School of Management, MBA (1991)
- Wake Forest University School of Law, JD (1991)
- University of North Carolina at Chapel Hill, BA (1986)
Admissions
- North Carolina
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Western District of North Carolina
- U.S. District Court for the Eastern District of North Carolina
- U.S. District Court for the Middle District of North Carolina
- U.S. Court of Appeals for the Federal Circuit