Fielding E. Huseth

Fielding’s primary practice areas are complex commercial, insurance & reinsurance, antitrust, white-collar, and appellate litigation. He also has substantial experience with internal investigations and regulatory matters. His clients span insurance, energy, construction, private equity, and health care, among others.

In private practice in North Carolina and previously in New York, Fielding has obtained positive outcomes for his clients in state and federal court as well as in arbitration—often early in the proceedings. He has also successfully represented clients in government investigations brought by the SEC, CFTC, FINRA, and U.S. Attorneys’ Offices. His skillset as a litigator has been informed by his former role as an enforcement attorney for the New York State Department of Financial Services (DFS), where he assisted in running wide-ranging investigations of insurance and banking practices.

Representative Experience

Insurance & Reinsurance

• Obtained favorable settlement on behalf of insurer in $18 million coverage dispute in which plaintiff-insured alleged claims for breach of contract, unfair and deceptive trade practices, and bad faith (Western District of North Carolina, 2025)
• Secured preliminary injunction requiring insurer’s third-party claims administrator to fully adjust all insurance claims without exception (Western District of North Carolina, 2025)

• Succeeded on insured-company’s motion to dismiss both claims (breach of contract and account stated) brought by workers compensation insurance carrier for allegedly owing substantial sums that insurer sought to retroactively impose (North Carolina State Court, 2025)

• Won insurer's motion to dismiss both claims (breach of contract and aiding-and-abetting fraud) brought by premium finance company based on the alleged acts of insurer’s managing general agent (New Jersey State Court, 2023)
• Prevailed on insurer’s motion to dismiss reinsurer’s application under the Federal Arbitration Act for the selection of an arbitration umpire (North Carolina State Court, 2022) 
• Co-led efforts to obtain preliminary injunction that forced managing general agent to remit several million in wrongfully withheld premium belonging to insurer (Western District of North Carolina, 2020)
• Currently representing insurer in ARIAS-U.S. arbitration against former managing general agents concerning liability for reinsurance premiums
• Currently representing insurer in high-value claim against insurer’s former third-party claims administrator related to underlying bad-faith claim

Commercial & Civil Litigation

• Obtained favorable settlement for former CEO of large food service company in connection with major federal securities litigation (District of Colorado, 2025)
• Secured positive settlement for property owner and developer of midrise construction building in high-value dispute with general contractor and architectural firm (North Carolina State Court, 2024)
• Persuaded courts in North Carolina and Florida (in two separate cases) to apply another state’s more favorable substantive laws based on novel conflicts-of-laws arguments (2022, 2025)
• Served as local counsel on major multidistrict civil litigation that resulted in early dismissal of all claims against the client (Middle District of North Carolina, 2021)
• Helped to secure summary judgment on behalf of mining company in large commercial dispute involve force majeure defenses (New York State Court, 2019)
• Led writing of motion to dismiss that resulted in dismissal of tort and property claims brought against major solar developer (New York State Court, 2018)
• Obtained favorable settlement in complex dispute involving self-funded ERISA healthcare plan (New York State Court, 2024)

Antitrust & White Collar 

• Advised multiple firm clients on complex antitrust issues with respect to prospective mergers and acquisitions (2024-25)
• Part of trial team that secured acquittal of former CEO charged by the U.S. Department of Justice with participating in alleged price-fixing and bid-rigging antitrust conspiracy (District of Colorado, 2021-22)
• Played instrumental role in responding to “Wells” call from the SEC, which ultimately declined to charge client with several counts of aiding-and-abetting municipal bond fraud (2017-2018)
• Helped to fend off charges from federal prosecutors in New York against individual-client involved in notorious Fyre Festival (Southern District of New York, 2017)

Appellate

• Co-authored amicus brief to the U.S. Supreme Court in support of petition for certiorari on high-profile Sixth Amendment issue (U.S. Supreme Court, 2025)
• Led research and writing of petition for rehearing en banc—which the panel granted (Fifth Circuit Court of Appeals, 2020)
• Co-wrote appellate briefs on novel cryptocurrency issue under North Carolina law (North Carolina Court of Appeals, 2019)

Amotion Proceedings

• Served alongside appointed Hearing Officer in high-profile common-law amotion proceeding concerning removal of councilmember in City of Monroe, Union County (2023)

Notable

• Best Lawyers in America, Criminal Defense: White-Collar, 2026
• Best Lawyers in America, Commercial Litigation "Ones to Watch," 2021-2025; Criminal Defense: White-Collar "Ones to Watch," 2022-2025
• Business North Carolina Legal Elite, Young Guns, 2024
• North Carolina Pro Bono Honor Society, 2018-2022

• Member, Commercial & Business Litigation Committee, American Bar Association

• Member, Law Committee for ARIAS-U.S. (Insurance and Reinsurance Organization)
• Member, Council of Appellate Lawyers
• Participating Attorney, North Carolina Appellate Pro Bono Program

News

Insights

Publications

• Co-author, "Challenging Prosecutors' Use Of Defendants' Jail Phone Calls," Law360, July 2024
• Co-author, “Insurance contours clarified: agency relationships in premium financing,” Reuters and Westlaw Today, April 2024
• Co-author, Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications,  University of Southern California Review of Law & Social Justice (Volume 33, Issue 1), March 2024
• Co-author, Litigation Involving Asset Protection Trusts: Practical and Legal Considerations, presented to the American Bar Association, 31^st Annual Real Property, Trusts & Estates National CLE Conference, Boston, Mass., May 2019
• Co-author, "Trump Supreme Court Pick, Brett Kavanaugh, Could Play Role in Reshaping Major Securities Fraud Enforcement Tool," MVA White Collar Defense, Investigations, and Regulatory Advice Blog, September 2018
• Co-author, "A Brief Survey: The Do's and Don't of Yellowstone Injunctions," The New York Law Journal, November 2017