Thomas (Tom) D. Myrick

Tom Myrick has been first chair trial counsel through verdict in dozens of civil jury trials, including trials that lasted up to four months.  His practice has recently been focused on handling significant commercial cases involving sophisticated damage theories.  He also counsels clients engaged in complex business combinations on methods to minimize their exposure to litigation.

Mr. Myrick has a wide range of civil trial experience, including frequent appearances in both state and federal trial and appellate courts, with particular experience in business related litigation.

Mr. Myrick handles cases involving:

• Business torts
• Shareholder derivative claims
• Unfair business practices
• Securities fraud
• RICO claims
• Corporate governance issues
• Franchise class action claims
• Contract disputes
• Product Safety Claims

 

Representative First Chair Cases

American Roller Company, LLC v. Foster-Adams Leasing, LLP et al, U.S. District Court, Northern District of Illinois case no. 05 C 3014 (2007).   Successfully defended sellers of a manufacturing company against claims of fraud and breach of representations and warranties involving over fifty thousand documents and twenty-two depositions in five states.

Precision Converters, Inc. v. Polymer Group, Inc. Iredell Co., N.C. case no. 05-CVS-2863 (2007).  Successfully defended publicly traded company against multi-million dollar breach of UCC contract claims.

INVISTA S.a'r.l. v. Ticona GmbH, et al (2007). Successfully defended textile manufacturer against claims in excess of $30 million during week long arbitration involving a utilities agreement.

Merrill Lynch v. Harding et. al., Mecklenburg Co., N.C. case no. 04-CVS-16615 (2004).  Represented securities brokers in defending against trade secret and non-compete claims brought by their fomer employer.

DuPont v. Unifi, Inc. (2003).  Successfully defended world’s largest manufacturer of textured polyester yarn in multi-week arbitration against claims in excess of $300 million for breach of contract. 

Custom Expressions Royalty, Inc., et. al. v. American Greetings Corp., U.S. Dist. Court, Western Dist. of N.C. case no. 3:97-cv-356-H (1998).  Successfully defended international greeting card company against claims in excess of $200 million for breach of contract, unfair and deceptive trade practices, breach of fiduciary duties and negligent misrepresentation arising from its acquisition of the CreataCard intellectual property rights.  

Broussard v. Meineke Discount Muffler Shops, Inc., 155 F.3d 331 (Fourth Cir. 1998).  Successfully defended franchisor of after market automobile services and its multi-billion dollar British parent corporation in two month long class action jury trial and on appeal against claims for fraud, unfair and deceptive trade practices, and breach of franchise agreement.  

Cara’s Notions, Inc. v. Hallmark Cards, Inc., 140 F.3d 566 (Fourth Cir. 1998).  Successfully defended international greeting card company in motion to dismiss and on appeal against claims for breach of franchise agreement, fraud, unfair and deceptive trade practices and negligent misrepresentation.  

Harlow v. Voyager Communications, 127 N.C. App. 623, 492 S.E.2d 45 (1997), rev’d, remanded, 348 N.C. 568, 501 S.E.2d 72 (1998).  Recovered compensatory and punitive damages for minority shareholder against FCC regulated corporation and its board of directors on direct and derivative claims for securities fraud under the North Carolina Securities Act (N.C. Gen. Stat. § 78A, et. seq.) and sustained recovery on appeal. 

Aerial Devices, Inc. v. Parker-Hannifin Corp., Cleveland County, N.C. case no. 96-cvs-817 (1997).  Defended multi-billion dollar manufacturing company in a four month long jury trial against claims in excess of $100 million for fraud, unfair and deceptive trade practices, breach of contract, breach of warranty, and negligent misrepresentation arising out of defective hydraulic equipment.  

American Rehabilitation, Inc. v. Shipp, Mecklenburg Co. N.C. case no. 91-cvs-13075 (1995).  Successfully defended corporation and its board of directors in multi-week jury trial against direct and derivative claims by minority shareholder for breach of fiduciary duties, fraud, unfair and deceptive trade practices, and breach of contract.  

Eckerd Corp. v. Jenkins, U.S. Dist. Court, Western Dist. of N.C. case no. C-C-91-264-MU (1993).  Recovered compensatory and treble damages, together with attorney’s fees, for national retail drug store chain against pharmacist employees on RICO claims arising out of theft and resale of controlled substances.

Of Note

• Certified Public Accountant for more than 20 years (currently inactive)
• Trustee since 1997 for several charitable remainder trusts with multi-million dollar portfolios

Professional Affiliations

• American Bar Association:  Sections of Litigation and Business
• North Carolina Bar Association