Gavin B. Parsons

Partner

Raleigh
Business Phone: 919.835.4107
Business Fax: 919.829.8715

gavin.parsons@troutman.com

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Gavin Parsons represents clients in all state and federal courts across North Carolina and adjoining states. Gavin has represented clients in a wide range of industries, including energy, manufacturing, communications, local government, hospitality, and pharmaceuticals.

Gavin represents businesses ranging in size from large utilities and a national wireless provider to regional and local companies, as well as local governments. He has litigated claims involving business disputes, intellectual property, antitrust, catastrophic personal injury, wrongful death, mass tort, attorney malpractice, land use and property rights, civil rights, insurance coverage and bad faith.

Gavin has appeared in the United States Court of Appeals for the Fourth Circuit, the North Carolina Supreme Court, and the North Carolina Court of Appeals. He regularly appears in the North Carolina Business Court and the U.S. District Courts for the Eastern, Middle and Western Districts of North Carolina.

Gavin also works with clients during litigation to help manage and develop solutions to issues presented by electronically stored information (ESI). By focusing early on the specific facts and claims at issue as well as the client’s and key custodians’ data management practices, burdens and costs, Gavin develops discovery plans that limit the scope of discovery to the most relevant ESI, reducing waste while meeting discovery obligations.

Representative Matters

Commercial Litigation

  • Trial counsel for nationwide book distributor in federal jury trial involving breaches of personal guarantees, resulting in judgment of over $29 million in favor of our client.
  • Successfully represented pharmaceutical company before the North Carolina Business Court in dispute with co-founder regarding co-founder’s sabotage of initial public offering.
  • Represented national hotel franchisors in a number of suits to enforce termination of franchisees, to enjoin trademark infringement, and to collect royalties and liquidated damages. Obtained judgments and/or settlements in numerous actions against terminated franchisees.
  • Defended national hotel franchisor against vicarious liability claims arising out of a personal injury. Obtained summary judgment on all claims. Brown v. Knights Franchise Systems, Inc.
  • Defended national hotel franchisor against direct and vicarious personal injury claims. Obtained dismissal of all claims. Caviness v. Days Inns Worldwide, Inc.
  • Defended national franchisors against breach of contract, fraud and business tort claims in North Carolina state and federal courts.
  • Successfully defended attorneys and law firms in various legal malpractice actions.
  • Successfully performed claim repairs on behalf of professional malpractice carrier to avert potential legal malpractice claims in numerous civil actions.
  • Defended an insurer in a breach of contract and bad faith lawsuit arising out of a claim on an accidental death policy. Obtained summary judgment on all of plaintiff’s claims in the U.S. District Court for the Eastern District of North Carolina.

Intellectual Property Litigation

  • Successfully represented manufacturer of industrial battery components against patent infringement claim and in asserting antitrust claims before the U.S. District Court for Western District of North Carolina.
  • Represented a company and individual employees against trademark infringement and counterfeiting claims before the U.S. District Court for the Eastern District of North Carolina. Negotiated successful settlement of all claims.

Mass Torts, High Exposure Torts, & Environmental Litigation

  • Defended energy company against wrongful death claim in South Carolina Circuit Court – matter settled on favorable terms after depositions of family and eyewitnesses.
  • Defended energy company against injury claims arising from contact with a live electrical line – matter settled on favorable terms after discovery closed while summary judgment motions were pending in U.S. District for the District of South Carolina.
  • Defended an energy company against wrongful death claims arising out of a rail-related fatality. Negotiated confidential pre-suit settlement with terms favorable to the client.
  • Defended an energy company against claims arising out of an explosion at generating plant.
  • Successfully defended energy company against claims that entrapment in a power line and subsequent delay in de-energizing the line led to aggravated personal injuries.
  • Defended energy company against personal injury claims from a subcontractor’s employee due to an electrical contact accident at a generating plant.
  • Defended energy company against CERCLA claims arising out of alleged contamination from PCBs from transformers sold to a third party.

Product Liability Litigation

  • Defended the manufacturer of after-market automotive wheels from product liability claims in the U.S. District Court for the Eastern District of North Carolina.
  • Defended Thimerosal importer and distributor from personal injury claims associated with childhood vaccines. All claims were dismissed or stayed. Laughter v. Aventis Pasteur, Inc. 291 F.Supp.2d 406 (M.D.N.C. 2003).
  • Defended a mobile home manufacturer against wrongful death claims resulting from a fatality in the transportation of its product. Settled on favorable terms to client.

Land Use Litigation

  • Currently representing a municipality before the North Carolina Business Court in a contractual dispute over the interpretation and enforcement of a regional water system agreement.
  • Successfully defended national wireless carrier against a civil action brought by a commercial property owner to terminate a rooftop lease obtained by another owner with a competing interest in the property. Negotiated successful settlement for client to maintain leasehold interest without paying any additional consideration.
  • Represented time-share owners associations in successful challenge to amenity fees in restrictive covenants. Obtained summary judgment, affirmed on appeal, that the amenity fee provision was a personal covenant that did not run with the land and was not enforceable. Midsouth Golf, LLC v. Fairfield Harbourside Condominium Association, Inc. et al., 187 N.C. App. 22 (2007).
  • Represented a non-profit, timeshare board of directors and owners association before the North Carolina Business Court against claims of breach of fiduciary duty and corporate mismanagement in a governance dispute.
  • Defended real estate investment sponsors before the North Carolina Business Court against fraud and securities claims arising out of the sale of commercial properties.
  • Represented local college in opponents’ appeal from street closing resolution adopted by city council. Council’s resolution affirmed on appeal, permitting college to nearly double its campus size.

Local and State Government Litigation

  • Defended city police department and officer in wrongful death claim – summary judgment denied at trial level, reversed on appeal and summary judgment for department and officer ordered on remand. Greene v. City of Greenville, ____ N.C. App. ____, 736 S.E.2d 833, disc. rev. denied, 747 S.E.2d 249 (2013).
  • Obtained summary judgment for city police department and officers in shooting following kidnapping and high speed chase – summary judgment affirmed on appeal. Estate of Rodgers v. Smith, 2006 U.S. APP. LEXIS 16039 (4th Cir. 2006).
  • Defended a town against civil rights and fair housing act claims arising from a temporary moratorium on multifamily housing and the subsequent modification of a zoning ordinance following a hurricane and subsequent catastrophic flood in the U.S. District Court for the Eastern District of North Carolina. Berry et al. v. Town of Tarboro et al.
  • Obtained dismissal for city police department following traffic stop for alleged excessive force for suspect resisting lawful arrest. Jones v. City of Greenville
  • Defended a city and a bus driver against wrongful death claims arising from a pedestrian accident.

Pro Bono Litigation

  • Represented on appeal a guardian ad litem of a minor child whose mother’s parental rights were terminated in the best interest of the child. Court of Appeals affirmed the trial’s court’s termination of parental rights. In re K.A.D., 2014 N.C. App. LEXIS 1026 (N.C. App. Ct. September 16, 2014).
  • Obtained a permanent injunction that mandated termination of the defendant roadside zoo’s ownership interest in a black bear/grizzly bear hybrid, prohibited the defendant from ever owning or possessing bears again, and transferred the bear to the Performing Animal Welfare Society (PAWS) sanctuary in California. Ray et al. v. Jambbas Ranch Tours Inc. et al.
  • Represented on appeal a guardian ad litem of three minors who were adjudicated as neglected and/or abused. Court of Appeals affirmed the trial court’s underlying disposition orders. In re B.W., K.T. and A.W., 2014 N.C. App. LEXIS 167 (N.C. App. Ct. February 4, 2014).

Selected Publications and Presentations

  • "All" Means All: Enforcing Personal Guaranties in North Carolina (with Steve Rinehart) (2015 Legal Update: The Impact of Recent Developments on Structuring Deals, February 9, 2015)
  • North Carolina’s Civil Statutory Remedy for the Protection of Animals, G.S. § 19A, Article 1 (National Animal Legal Defense Fund Animal Law Conference, October 26, 2013)
  • Apex Depositions in North CarolinaThe Litigator (North Carolina Bar Association, Vol. 27, No. 4, p. 5, June 2007)

Professional and Community Involvement

  • Board of Directors, Leadership North Carolina 2011-present
  • North Carolina Association of Defense Attorneys, Chair of Complex Litigation Practice Group 2012-2013
  • Appellate Counsel, North Carolina Guardian Ad Litem Program
  • Leadership North Carolina – Class XIX Alumnus
  • Capital Area Soccer League – Youth Soccer Coach – 2009-2014
  • Our Lady of Lourdes Middle School Boys Soccer Team (Head Coach Fall 2008, Fall 2009, Asst Coach Fall 2013)

Rankings and Recognition

  • Chambers USA: Commercial Litigation (North Carolina) 2015-2017.
  • Rising Star in Business Litigation in the 2009-2015 editions of North Carolina Super Lawyers, published by Law & Politics and Charlotte Magazine.
  • AV® Preeminent™ Peer Review Rated, LexisNexis Martindale-Hubbell.

Professional Experience

  • Partner, Troutman Sanders LLP, 2011-present
  • Associate, Troutman Sanders LLP, 2005-2010
  • Associate, Bailey & Dixon LLP, 2001-2005

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Education

  • Wake Forest University, J.D., 2001
  • North Carolina State University, B.A., 1998

Bar Admissions

  • North Carolina

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Western District of North Carolina