Judson A. Welborn

Education

• Campbell University School of Law, J.D., 1998
• University of North Carolina at Chapel Hill, B.A., 1995

Admitted to Practice

• State of North Carolina
• United States Court of Appeals for the Fourth Circuit
• United States District Courts for the Eastern, Middle and Western Districts of North Carolina
• United States Bankruptcy Court for the Eastern District of North Carolina

Specific Matters

• Represented numerous owners, lenders, sellers, purchasers, developers, general contractors and subcontractors in a variety of real property and construction litigation matters across North Carolina with amounts in controversy ranging from a few thousand dollars to more than $50 million
• Represented some of the nation’s largest providers of title insurance services in a variety of litigation matters involving, among other things, lien priority disputes, deed reformation actions, boundary line disputes, undisclosed/missing heirs disputes, inheritance disputes and forgery actions
• Represented restaurant franchisee against multinational franchisor in franchise dispute resulting in settlement in excess of $10 million
• Lead counsel for international real estate investment group with more than $48 billion in assets in contract dispute and workout negotiation involving claims by commercial tenant valued at more than $1 million
• Represented multiple land owners and tenants in condemnation/eminent domain proceedings involving the State of North Carolina, local municipalities and private condemnors in connection with highway improvement projects, airport expansion projects, and utility service construction/expansion projects across North Carolina
• Represented second largest technology company in the world in multiple appeals before multiple North Carolina County Boards of Equalization and Review, the North Carolina Property Tax Commission and the North Carolina Appellate Court in appeals establishing principles governing valuation of computer equipment in North Carolina involving computer equipment valued at over $5 billion
• North Carolina counsel for the largest tobacco company in the United States in a dispute with State of North Carolina over "non-participating manufacturer" adjustments to payment obligations under the Master Settlement Agreement between tobacco companies and 46 states
• Represented former executive in a bankruptcy matter alleging corporate malfeasance and breach of fiduciary duty in which Bankruptcy Trustee sought to recover damages in excess of $30 million from former officers and directors of bankrupt company
• Represented lender in lender liability lawsuit filed by general contractor arising out of lender’s administration of a $15 million construction loan on a hotel project in Research Triangle Park
• Lead counsel for developer of affordable housing communities across North Carolina in a lawsuit against a municipality involving claims arising under the Fair Housing Act
• Represented real estate investment trust in a lawsuit arising from a major acquisition of other corporations, properties and assets that involved claims in excess of $10 million based on alleged fraud, breach of fiduciary duty, wrongful interference with contractual relations, civil conspiracy and commercial real estate broker compensation
• Represented purchaser of industrial equipment in breach of warranty action against equipment manufacturer with claims in excess of $8 million
• Coordinate and manage construction litigation prevention techniques on North Carolina construction projects for national general contractor
• Lead counsel for software developer in a lawsuit alleging fraud, breach of contract, breach of warranties under the Uniform Commercial Code and unfair and deceptive trade practices
• Lead counsel for restaurant franchisee in numerous complex commercial contract disputes, misappropriation of trade secrets claims and anti-competitive trade practices actions
• Represented real estate salespersons and brokers in disciplinary actions before the North Carolina Real Estate Commission
• Represented regional grocery store chain in licensing matters before the Alcoholic Beverage Control Commission and North Carolina Board of Pharmacy
• Represented corporate taxpayer in improper garnishment and attachment proceeding resulting in consent judgment requiring taxing authority to refund over $700,000 to taxpayer plus interest
• Represented legal professionals in various lawsuits alleging legal malpractice arising from real estate transactions across North Carolina.
• Represented insurance professionals and insurance carriers in claims relating to insurance procurement, insurance policy interpretation and insurance coverage claims
• Represented commercial factor in dispute arising under Uniform Commercial Code about rights of factor and defenses of account debtors in connection with over $2.5 million in factored receivables
• Lead counsel for North Carolina based corporation in Business Software Alliance software licensing violations investigation
• Lead counsel for software developer in a lawsuit alleging fraud, breach of contract, breach of warranties under the Uniform Commercial Code and unfair and deceptive trade practices

Professional Activities

• North Carolina Bar Association
  • Litigation Section
  • Construction Law Section
• American Bar Association
  • Litigation Section
  • Tort Trial and Insurance Practice Section
  • Title Insurance Litigation Committee
  • Real Estate Litigation Committee
  • Construction Law Section
• Wake County Bar Association
  • Fee Dispute Resolution Committee (2010 to Present)
  • Public Service Committee (2002 to 2005)
• North Carolina Land Title Association
  • Executive Committee
• North Carolina Rules Review Commission (2006-2007)
• Tenth Judicial District Professionalism Committee (2001 to 2005)
• Ex Officio Member, Board of Directors, BarCARES of North Carolina, Inc. (2002 to 2004)

Community Activities

• Follow the Child Montessori School, Inc.
  • Board of Directors
• Carolina Ballet
  • Board of Directors
• Wake County Volunteer Lawyers Program

Judson A. Welborn

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