Statement of Practice

General, Trial and Appellate Practice in All State and Federal Courts, Dispute Resolution, Corporate, Taxation, Securities Regulation, Real Property and Finance, Labor and Employment (Management) Law, Employee Benefits, International and Immigration, Antitrust and Trade Regulation, Negligence, Products Liability, Insurance Coverage, Media, Banking, Commercial, Bankruptcy, Administrative, Environmental, Hospital and Health Care, Public Authority and Public Finance, Estate Planning and Administration, Probate, Legislative, Intellectual Property, Education, and Sports Law.

Representative Clients:

AIG Insurance Group
Atlantic Coast Conference
Branch Banking & Trust Co.
Degussa AG/ Degussa-Stockhausen
Eli Lilly and Co.
FirstHealth of the Carolinas
General Electric Co.
Greensboro News & Record
The Moses Cone Health System
Miller Brewing Co.
Philip Morris USA Inc.
Solutia Inc.
Sompo Japan Insurance, Inc.
VF Corporation
Watauga Medical Center
Wayne Memorial Hospital
Zimmer Development Company, LLC.

Address

2800 Two Hannover Square
Raleigh, NC 27601, (Wake Co.)

Phone

Phone: 919.755.8700
Fax: 919.755.8800

Website

http://www.smithmoorelaw.com

Firm/Affiliate Offices

PARTNERS

Denise Smith Cline (Partner) admitted to bar, 1983, North Carolina. Education: Davidson College (A.B., 1979); University of North Carolina (J.D., 1983). Certified Mediator. Member: Wake County, North Carolina and American Bar Associations. Practice Areas: Litigation; Health Care; Employee Benefits; Managed Care; Labor and Employment; Covenants Not To Compete; Employee Privacy; Employment Arbitration; Employment Breach of Contract; Employment Contracts; Employment Law; Employment Mediation; Employment Termination; Executive Severance Contracts; Fair Labor Standards; Human Resources Law; Labor Law; Noncompete Litigation; Wage and Hour Law.Email: Denise Smith Cline

Matthew Cunningham (Partner) admitted to bar, 2000, North Carolina. Education: North Carolina State University (B.A., Sociology, 1996); Wake Forest University School of Law (J.D., cum laude, 2000). Member, Order of the Coif. Member, Wake Forest Law Review. Author: "A Shift in the Balance of Power: Alden v. Maine and the Expansion of State Sovereign Immunity at Congress' Expense" Wake Forest Law Review, Volume 35, Number 2, Summer, 2000. Member: North Carolina Bar Association. Practice Areas: Real Estate Finance; Corporate Law.Email: Matthew Cunningham

Theodore C. Edwards, II (Partner) admitted to bar, 1994, North Carolina. Education: Duke University (A.B., 1991; J.D., 1994). Member, Duke Journal of Comparative and International Law, 1993-1994. President, African-American Real Estate Professionals of North Carolina. President-Elect, Construction Professionals Network of North Carolina. Founding Member, United Minority Contractors of North Carolina. Legal Counsel, 100 Black Men of America, Triangle East Chapter. Member, Board of Directors, Central Children's Home of North Carolina. Member: Wake County, North Carolina (Chair, Law Student Activities Committee; Past Chair, Young Lawyers Division) and American Bar Associations; North Carolina Association of Black Lawyers (Member, Board of Governors); North Carolina State Bar (Member, Disciplinary Hearings Commission). [Captain, U.S. Army Reserves, 1997-2006]. Practice Areas: Construction Litigation(20%); Construction Safety; Contractors Liability; Zoning, Planning and Land Use(40%); Land Use; Land Development; Construction Law(20%); Construction Contracts(20%); Construction Claims; Construction Arbitration; Construction Mediation; Public Construction Law.Email: Theodore C. Edwards, II

Mark A. Finkelstein (Partner) admitted to bar, 1985, North Carolina; 1988, U.S. Supreme Court. Education: Grinnell College (B.A., with honors, 1982); University of North Carolina at Chapel Hill (J.D., with honors, 1985). Author of numerous articles regarding Litigation, Business, Environmental and Administrative Matters. Listed in Who's Who in American Law. Law Clerk to Chief Judge R.A. Hedrick, North Carolina Court of Appeals, 1985-1986. Instructor, Civil Litigation, Meredith College Legal Assistants Program, 1988. Supervising Attorney, Duke University Law School Environmental Law Clinic, 1992. Member, North Carolina Low Level Radioactive Waste Management Authority. Instructor, National Institute for Trial Advocacy, 1993—. Board of Directors Member, Carolina Legal Assistance, Mediation Services of Wake County and National Association of Environmental Professionals. Member: Wake County and North Carolina Bar Associations; American Academy of Political and Social Sciences; National Institute of Trial Advocacy (Diplomate). Practice Areas: Litigation; Business Law; Administrative Law.Email: Mark A. Finkelstein

James L. Gale (Partner) admitted to bar, 1974, Georgia and North Carolina; 1989, Florida. Education: Florida Presbyterian College (B.A., 1969); University of Georgia (J.D., magna cum laude, 1974). Phi Kappa Phi. Developments Editor, Georgia Law Review, 1973-1974. Clerk to Honorable Franklin T. Dupree, Jr., U.S. District Court, Eastern District of North Carolina, 1974-1976. Member: Defense Research Institute; The Association of Trial Lawyers of America; North Carolina Association of Defense Attorneys. Practice Areas: Business Litigation; Intellectual Property; Litigation; Health Care Litigation; Class Action Defense; Complex Litigation; Defense Litigation; Federal Civil Litigation; Products Liability; Breach of Warranty; Drug and Medical Device Defense; Explosions; Products Liability Defense; Products Liability Insurance Coverage; Products Liability Mediation; Products Liability Subrogation; Insurance Defense; Commercial Litigation; Antitrust and Trade Regulation; Biotechnology; Mediation; Arbitration; Alternative Dispute Resolution.Email: James L. Gale

Brett T. Hanna (Attorney) admitted to bar, 1997, North Carolina. Education: United States Air Force Academy (B.S., 1989); Wake Forest University (J.D., 1997). Member: North Carolina State Bar. [U.S. Air Force, Active Duty, 1989-1994]. Practice Areas: Commercial Real Estate; Finance.

Clyde Holt, III (Partner) admitted to bar, 1972, North Carolina. Education: Northwestern University (B.A., 1969); University of North Carolina (J.D., 1972). Associate City Attorney, City of Raleigh, 1972-1976. Chairman, Wake County Library Commission. Chairman, City of Raleigh Civil Service Commission. Vice-Chairman, Triangle Sports Authority. Director, Wake County SPCA. Director, Elizabeth City State University Foundation. General Counsel, The Centennial Authority. Town Attorney, Knightdale, North Carolina. Member, North Carolina General Assembly Building Code Issues Committee. Registered Lobbyist, North Carolina General Assembly. Co-Author: "Zoning and Other Local Government Regulations Affecting Residential Building Contractors in Wake County", Home Builders Association of Raleigh, Wake County, 1989; "Major Land Use Laws in North Carolina", National Business Institute, Inc., 1992. Member: Wake County and North Carolina Bar Associations; The North Carolina State Bar; North Carolina Municipal Attorneys Association (Director); Academy of Trial Lawyers. Practice Areas: Municipal Law; Land Use Law; Environmental Law; Zoning and Planning; Real Property Law.Email: Clyde Holt, III

David M. Krasnow (Attorney) admitted to bar, 1998, North Carolina; 2005, Georgia; 1988, Virginia; 1989, Pennsylvania; U.S. Court of Appeals, Fourth Circuit; U.S. District Court, Middle District of North Carolina; U.S. District Court, Eastern District of Virginia; registered to practice before U.S. Patent and Trademark Office. Education: State University of New York at Stony Brook (B.S., Chemistry, 1982); George Mason University School of Law (J.D., 1988). Practice Areas: Intellectual Property; International Intellectual Property; Patents; Patents - Biotechnology and Chemical; Trademarks.Email: David M. Krasnow

Patricia A. Markus (Partner) admitted to bar, 1992, Illinois; 1996, North Carolina. Education: Haverford College (B.A., with honors, 1989); Boston College (J.D., 1992). Law Clerk, Justice Robert W. Cook, Illinois Appellate Court, 4th District, 1993-1995. Law Clerk, Justice Willis P. Whichard, North Carolina Supreme Court, 1995-1996. Member: North Carolina Bar Association (Member, Health Law Section); North Carolina Society of Health Care Attorneys (Member, Board of Directors); American Health Lawyers Association. Practice Areas: Health Care Law; Bioethics; Health Care Administration; Health Care Facility Regulation; Health Care Compliance; Health Information Technology; Health Insurance Portability and Accountability Act (HIPAA); Medical Ethics; Physician Practices; Physicians Licensing; Physicians Contracts; Biotechnology; Physicians Risk Management.Email: Patricia A. Markus

George J. (Jerry) Oliver (Partner) admitted to bar, 1973, North Carolina; 1985, District of Columbia; 1986, U.S. Court of Appeals, Fourth and Ninth Circuits and U.S. Supreme Court. Education: Campbell University (B.S., 1966); University of Tennessee (J.D., 1973). Phi Alpha Delta (Justice, 1972-1973). Assistant Attorney General, State of North Carolina, 1975-1979. Trustee, Energy and Mineral Law Foundation, 1996—. Chair, Board of Directors, United Way of North Carolina. Member: North Carolina Bar Association; District of Columbia Bar. [U.S. Air Force, 1966-1970]. Practice Areas: Labor and Employment (Management) Law; Railway Labor Law; OSHA.Email: George J. (Jerry) Oliver

David V. Otterson (Attorney) admitted to bar, 1980, California; 1998, North Carolina. Education: California State University, Chico (B.A., 1977); Hastings College of the Law, University of California (J.D., 1980). Member: State Bar of California; North Carolina State Bar. Practice Areas: Mergers and Acquisitions; Corporate Governance; Securities Law; Finance.Email: David V. Otterson

Bradley M. Risinger (Partner) admitted to bar, 1990, Pennsylvania; 1991, District of Columbia; 1996, North Carolina. Education: Indiana University (B.A., with high distinction, 1986); Georgetown University (J.D., cum laude, 1990). Member: Pennsylvania, North Carolina and American Bar Associations; The District of Columbia Bar; Defense Research Institute. Practice Areas: Products Liability; Medical Services Litigation; Civil Litigation; Antitrust and Trade Regulation.Email: Bradley M. Risinger

Samuel O. Southern (Partner) admitted to bar, 1969, North Carolina; 1971, U.S. Court of Appeals for the Armed Forces; 1973, Florida; 1980, U.S. Court of Appeals, Fourth Circuit and U.S. Supreme Court. Education: Duke University (A.B., 1966); University of North Carolina (J.D., 1969). Omicron Delta Kappa. Angier B. Duke Scholar; Law Alumni Scholar. Commissioner, USS North Carolina Battleship Commission, 1992—. Member, Board of Directors, Wake County Bar Association, 1985-1987. Chairman, Health Law Section, North Carolina Bar Association, 1998-1999. Member: Defense Research Institute; North Carolina Association of Defense Attorneys; North Carolina Society of Health Care Attorneys; American Board of Trial Advocates; Judge Advocates Association. [Capt., JAGC, U.S. Naval Reserve (Active Duty, 1969-1974); Certified Military Judge, 1973-1998]. Languages: German. Practice Areas: Civil Litigation; Health Care Law; Medical Malpractice.Email: Samuel O. Southern

Elizabeth C. Trahos (Partner) admitted to bar, 1997, North Carolina; 1998, Virginia. Education: University of Richmond (B.A., 1994; J.D., 1997); Virginia Commonwealth University (M.U.R.P., 1997). Vice Chair, Wake County Planning Board, 2005—. Member: Wake County (Member, Bench-Bar Committee), North Carolina and American Bar Associations; North Carolina State Bar; Virginia State Bar (Member, Local Government Section); American Planning Association (Secretary-Treasurer, Planning and Law Division, 1998-2000). Practice Areas: Zoning, Planning and Land Use; Municipal Law; Real Property; Administrative Law.Email: Elizabeth C. Trahos

Marc C. Tucker (Partner) admitted to bar, 1997, Michigan and U.S. District Court, Eastern District of Michigan; 1998, North Carolina; 2000, U.S. District Court, Eastern District of North Carolina; 2002, U.S. District Court, Middle and Western Districts of North Carolina; 2004, U.S. Court of Appeals, Fourth Circuit. Education: Boston University (B.A., 1993); University of Detroit Mercy (J.D., magna cum laude, 1997). Member, American Inns of Court. Member, Board of Directors, University of Detroit Mercy Moot Court. Member, Editorial Board, University of Detroit Mercy Law Review, 1996-1997. Co-Chair, Bar Candidate Committee, State of North Carolina Board of Law Examiners, Judicial District 10A. Member: Wake County, North Carolina (Member, Sections on: Real Property; Litigation) and American Bar Associations; Defense Research Institute. Practice Areas: Litigation.Email: Marc C. Tucker

Robert L. Wilson, Jr. (Partner) admitted to bar, 1981, North Carolina. Education: University of North Carolina (A.B., 1976); Wake Forest University (J.D., 1981). Member, Wake Forest Law Review, 1980-1981. Author: Note, "Workers' Compensation — Redefinition of Occupational Disease and the Applicable Compensation Statute — Booker v. Duke Medical Center and Wood v. J. P. Stevens & Co.," 16 Wake Forest Law Review 288, 1980; Comment, "Impeachment of the Criminal Defendant by His Acquittals — Beyond the Bounds of Reason," 17 Wake Forest Law Review 561, 1981. Research Assistant to Judge Cecil J. Hill, North Carolina Court of Appeals, 1981-1982. Member: North Carolina and American Bar Associations; North Carolina Society of Health Care Attorneys; American Health Lawyers Association. Practice Areas: Health Care Law.Email: Robert L. Wilson, Jr.

David L. York (Partner) admitted to bar, 1989, North Carolina and U.S. District Court, Eastern District of North Carolina. Education: North Carolina State University (B.S., 1985); Campbell University (J.D., 1989). Phi Alpha Delta. Raleigh Civil Service Commission, 1995—. Member: Wake County, North Carolina and American (Member, Real Property Section, 2005—; Vice Chair, Zoning, Planning and Land Use Section) Bar Associations; American Planning Association (Member, Planning and Law Division). Practice Areas: Municipal Law; Land Use Law; Zoning and Planning; Real Property Law; Estates.Email: David L. York

COUNSEL

Fred P. Baggett (Counsel) admitted to bar, 1971, North Carolina. Education: University of North Carolina at Chapel Hill (B.A.B.L.; J.D.). Member: North Carolina State Bar.Email: Fred P. Baggett

Sidney S. Eagles, Jr. (Counsel) admitted to bar, 1964, North Carolina. Education: Wake Forest University (B.A., 1961; J.D., 1964). Member: North Carolina and American Bar Associations; American Law Institute. [Ret. Col., U.S. Air Force Reserve]. Practice Areas: Litigation; Appellate.Email: Sidney S. Eagles, Jr.

Stephen W. Petersen (Counsel) admitted to bar, 1996, North Carolina. Education: Guilford College (A.B., 1974); North Carolina State University (B.S., high honors, 1978); University of North Carolina (D.D.S., 1982; J.D., 1996). Phi Kappa Phi. Member, Civil Trial Competition Team, University of North Carolina School of Law, 1995-1996. Licensed Dentist, North Carolina, 1982. Licensed General Contractor, North Carolina, 1989-1999. Member: Wake County (Member, Board of Directors 2002—), North Carolina (Member: 10th Judicial District Grievance Committee, 1999-2001; 10th Judicial District Board of Directors, 2002—; Investment Committee, 2002—; Sections on Business Law; Antitrust; Health Law) and American (Member, Sections on: Health Law; Antitrust) Bar Associations. Reported Cases: Erie Ins. Exch. v. Bledsoe, 141 N.C. App. 331, 540 S.E.2d 57 (2000), cert. denied, 353 N.C. 371, 547 S.E. 2d 442 (2001). Gibson v. Mena, 144 N.C. App. 125, 548 S.E. 2d 745 (2001). Practice Areas: Business Litigation; White Collar Crime; Professional Ethics; Professional Licensing and Discipline; Health Care; Grand Jury Proceedings.Email: Stephen W. Petersen

ASSOCIATES

Angela M. Allen (Associate) (Admitted in Florida; Not admitted in North Carolina)

Kelly T. Ensslin (Associate)

William R. Forstner (Associate)

Molly G. Huggins (Associate)

Erin E. Jochum (Associate)

Matthew N. Leerberg (Associate)

David J. Neill (Associate)

Jason Pfister (Associate)

Elizabeth Brooks Scherer (Associate)

Eric Richard Spence (Associate)

Erin Zuiker (Associate)