Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.S.B.A., Kenan-Flagler Business School at the University of North Carolina at Chapel Hill, 1978
  • J.D., University of North Carolina at Chapel Hill, 1983
  • North Carolina, 1984
  • All Federal District Courts in North Carolina
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Federal Claims
  • U.S. Supreme Court
  • U.S. Tax Court
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Thomas (Tom) D. Myrick

Member
Overview
Representative Matters
News & Events
Professional Affiliations

Tom 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.

He 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.  

Myrick also counsels clients engaged in complex business combinations on methods to minimize their exposure to litigation.  He speaks regularly to groups of trial attorneys around the country about ongoing developments in the law.  He has spoken to audiences as far away as Japan where he addressed managing product liability issues on behalf of a firm client whose product is distributed internationally.

Myrick handles cases involving:

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

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
  • AV peer rated in Martindale-Hubbell legal directory
  • Included in Chambers Partners USA in North Carolina- Litigation: General Commercial, 2014-2017
  • Included in Best Lawyers in America for Commercial Litigation and Real Estate Litigation, 2011- 2018
  • Selected for inclusion to the North Carolina Super Lawyers list in 2007, 2016-2017.  His primary area of practice is Business Litigation.
  • Recognized in the 2010-2018 editions of Benchmark Litigation as a "Local Litigation Star" in the area of Commercial Litigation 
  • Former Member, Board of Directors, and Chair, Justice Initiatives, Inc.
    http://www.justiceinitiatives.org/
  • North Carolina Real Estate Broker since 1978

Speaking Engagements and Publications

  • Featured speaker at the fall meeting of the American College of Trust and Estate Counsel held in Charleston, S.C. on the topic of state taxation of trusts.
  • Featured speaker at the annual ABA Spring Symposium held in Washington, D.C. on the topic of tax litigation.
  • Featured speaker at a CLE for the Network of Trial Law Firms held in Laguna Beach, C.A. on the topic of Battling Information Inflation with predictive coding.  
  • Featured speaker at the annual meeting at the ABA Section of Taxation held in Boston, M.A. on the topic of state income taxation of trusts holding business interests.
  • Featured webinar speaker for the ABA Section of Real Property and Trusts and Estates Law on the topic of the constitutionality of state income taxation of trusts owning business interests. Attended by attorneys in 19 states and Puerto Rico.
  • Featured speaker at a CLE for the Network of Trial Law Firms held in Scottsdale, A.Z. on the topic of Managing Litigation by Using Arbitration.
  • Featured in Law360 article
  • Author, "Managing Client Expectations to Achieve Reasonable Settlement Outcomes" chapter, Settling Products Liability Claims: Leading Lawyers on Working with Clients and Opposing Counsel to Achieve Desirable Resolutions (Aspatore Books' Inside the Mind series).

Representative Matters

Representative First Chair Cases

  • Co-Executors of the Estate of Henry J. Faison v. FEI, et al. Mecklenburg County, N.C.  Represented plaintiff Co-Executors in a lawsuit involving the distribution of more than $80 million in estate assets. The Attorney General of North Carolina intervened in the case because the Co-Executors sought to have the estate's assets go to a charitable trust. The case was covered on the front page of the Charlotte Observer and was picked up by the Associated Press which published the article across the country. It was also covered in the Charlotte Business Journal.
  • Tommy Knox; et al. v. First Southern Cash Advance; et al. New Hanover County, N.C.; N.C. Court of Appeals.  Obtained decertification of $150 million class action involving violation of N.C. Consumer Finance Act and Unfair and Deceptive Trade Practices Act and argued the appeal which sustained the trial court's ruling. This case was featured on the front page of North Carolina Lawyers Weekly in an article entitled "READ THE FINE PRINT: NC Court bows to U.S. Supreme Court, OKs Arbitration Clauses in Consumer Contracts."
  • Bank of America v. AFH LLC et al., American Arbitration Association.  Obtained $160 million damages award in favor of bank and finding of no liability on $354 million in counterclaims following week-long arbitration hearing in NYC over commercial loans and valuation of real estate collateral.
  • The Kimberly Rice Kaestner Trust v. N.C. Department of Revenue, N.C. Business Court, Wake County, N.C.; N.C. Court of Appeals.  Represented plaintiff trust claiming that a North Carolina revenue statute is unconstitutional. The trial court found that the statute, which purported to tax all the income of out of state trusts having beneficiaries in North Carolina, violated the due process and commerce clauses of the United States Constitution as well as the North Carolina constitution. Argued appeal before the N.C. Court of Appeals which unanimously affirmed the trial court's findings.
  • Estate of Louis DeWolff, et al. v. Commissioner of Internal Revenue, U.S. Tax Court.  Represented estate in dispute with the IRS involving a business valuation discrepancy of over $30 million.
  • RCG, LLC v. American Broadband Communications, LLC, U.S. District Court, Southern District of New York and American Broadband Communications, LLC v. Redwood County Telephone Company, et al. U.S. District Court, Minnesota.  Represented owner of rural local exchange carriers throughout the country on breach of contract claims.
  • Avista Turbine Power, Inc. v Rathdrum Power, LLC American Arbitration Association. Obtained multi-million dollar arbitration award for the owner of a combined cycle electricity generation facility located in Idaho and successfully defended against claims for breach of a natural gas tolling agreement.  The evidence included thousands of documents created over an eleven year period together with testimony from a dozen witnesses with expert testimony ranging from thermodynamics and fuel heat content to gas and electrical engineering and metering.
  • MSC Controls and Integration, LLC v. Coastal Carolina Clean Power, LLC et al. Duplin County, N.C.  Represented a natural gas-fueled electricity generating plant in a dispute involving its conversion to bio fuel.
  • Yamauchi (USA) Corp. v. Cox Mecklenburg County, N.C.  Represented US subsidiary of a Japanese corporation in obtaining restraining order, injunction, attachment, and expedited discovery against employee for embezzlement of over one million dollars from the company.
  • Baskin-Robbins Franchises Shops, LLC; Dunkin Donuts Franchises, LLC; et al. v. Bullwinkle Donuts, LLC; et al., U.S. District Court, S.C.  Defended claims of breach of franchise agreement including intellectual property rights and cannibalization issues.
  • John Price, et al. v. American Partners Federal Credit Union; Dorinda M. Simpson; and Ann Boone Guilford County, N.C.  Defended officers of credit union against claims of securities fraud in thirteen separate actions brought by members of the credit union.
  • American Roller Company, LLC v. Foster-Adams Leasing, LLP; et al., U.S. District Court, Northern District of Illinois.   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 County, N.C.  Successfully defended publicly traded company against multi-million dollar breach of UCC contract claims.
  • INVISTA S.a'r.l. v. Ticona GmbH, et al.  American Arbitration Association. Successfully defended textile manufacturer against claims in excess of $30 million for breach of utilities agreement during week long arbitration.
  • Merrill Lynch v. Harding; et al., Mecklenburg County, N.C.  Represented securities brokers in defending against trade secret and non-compete claims brought by their former employer.
  • DuPont v. Unifi, Inc.  American Arbitration Association. 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. 
  • Indiana Chair Frame Company and Warvel Products, Inc. v. United States of America and Nightingale, Inc., U.S. Court of Federal Claims.  Prosecuted protest of government contract award before the U.S. General Accounting Office and related appeal to the Court of Federal Claims.
  • Custom Expressions Royalty, Inc.; et al. v. American Greetings Corp., U.S. District Court, Western District of N.C.  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., U.S. District Court, Western District of N.C. Successfully defended franchisor of after market automotive services and its multi-billion dollar British parent corporation in a two month long class action jury trial and on appeal to the Fourth Circuit Court of Appeals against claims for fraud, unfair and deceptive trade practices, and breach of franchise agreement. Resulted in $1.5 million judgment against the named plaintiffs. 
  • Cara’s Notions, Inc. v. Hallmark Cards, Inc., U.S. District Court, Western District of N.C.  Successfully defended international greeting card company in motion to dismiss and on appeal to the Fourth Circuit Court of Appeals against claims for breach of franchise agreement, fraud, unfair and deceptive trade practices and negligent misrepresentation.  
  • Harlow v. Voyager Communications, Mecklenburg County, N.C.; N.C. Court of Appeals; Supreme Court of N.C.  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.).  Argued appeal before the N.C. Court of Appeals and the N.C. Supreme Court, both of which unanimously affirmed the trial court's findings in a case of first impression in N.C.
  • Aerial Devices, Inc. v. Parker-Hannifin Corp., Cleveland County, N.C.  Successfully defended multi-billion dollar manufacturing company in a four month long jury trial against claims in excess of $100 million for product liability, 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 County, N.C.  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. District Court, Western District of N.C.  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.

Professional Affiliations

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