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Mark A. Finkelstein

Mark A. Finkelstein

Partner

T (919) 755-8819
F (919) 838-3124
Overview

Mark Finkelstein is a highly experienced trial lawyer who regularly tries cases to juries, judges, and arbitration panels. He uses this experience to assist clients avoid disputes and resolve them in an early and cost effective way. Well drafted documents are a key to both avoiding disputes and resolving disputes quickly. 

Mark's practice focuses on Litigation and Legal Advice regarding business, intellectual property, corporate disputes, construction, environmental issues, unfair or deceptive trade practices, contract, fiduciary duty, breach of covenant of good faith and fair dealing, trade secret protection, and employment matters. Mark enjoys obtaining summary judgment in North Carolina state and federal courts. He has presented on topics as far ranging as ethical issues for in-house counsel dealing with e-discovery to practice before the North Carolina Business Court. 

Mark was the 2015 President of the Tenth Judicial District Bar (Wake County, including Raleigh and RTP), the state's largest District Bar with over 5000 lawyers. He was elected as the 2006–2007 President of the Chief Justice Susie M. Sharp Inn of Court (the Research Triangle's premiere organization of Judges, law students, and trial practitioners). Mark has achieved Martindale-Hubbell's highest "AV" ("Very High to Preeminent") rating from his lawyer peers. He was selected to teach for the National Institute for Trial Advocacy for over a decade. Mark was appointed by Governor Hunt to the North Carolina Low Level Radio Active Waste Management Authority. He was a supervisory attorney in Duke University School of Law's Clinical Program; taught the civil litigation specialty program at Meredith College's post graduate paralegal program; and lectured for the North Carolina Bar Foundation, UNC School of Law, North Carolina State University, and The Triangle Society for Human Resource Management. Mark has served as Chairman of the City of Raleigh's Environmental Quality Advisory Board, as Vice Chairman of the Board of Directors of Mediation Services of Wake, Inc., and is active with local civic and religious organizations.

In addition, Mark has served as a mediator or as an arbitrator in numerous cases. He brings these experiences and skills each time he advocates for his clients.

Listed in North Carolina Super Lawyers
Achievements
  • 2015 President of the Tenth Judicial District Bar (Wake County/Raleigh and much of Research Triangle Park (RTP))
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Commercial Litigation (2015-2018)
  • North Carolina Super Lawyers, Listed Business Litigation (Over 10 Consecutive Years)
  • Selected to Super Lawyers Business Edition list, Business Litigation (2013-2015)
  • Martindale-Hubbell's top ("AV") Peer Review Rating *
  • Fellow, Litigation Counsel of America
  • Fellow, American Bar Foundation

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Experience

Representative Work

  • Public Works Commission of the City of Fayetteville v. City of Fayetteville, 14 CVS 7782 (Cumberland County, May 23, 2016)(represent Commission and Commissioners in a declaratory judgment and breach of fiduciary duty action regarding authority over a utility operation with over one billion dollars in assets and a $350 million budget)
  • Kirkbride v. Piazza, ___ N.C.App. ____(April 5, 2016)(represent director of startup technology company in a North Carolina Securities Act and Unfair Trade Practices Act appeal after obtaining summary judgment for another director who was also the company’s lawyer)
  • Sopko Individually and Derivatively on Behalf of Stancill and Sopko, PA v. Stancill  (2015 NCBC 14  -- North Carolina Business Court 2015)(Breach of fiduciary duty and business tort case)
  • Lonesource, Inc. v. United Stationers Co., 2013 WL 1309290 (EDNC 2013)(Summary Judgment in a fraud, breach of contract, G.S. 75-1.1 unfair trade practice, tortious interference with contract and declaratory judgment case)
  • Lonesource, Inc. v. United Stationers Supply Co., 2012 U.S. Dist. LEXIS 100349 (EDNC 2012)(Distributor/wholesaler dispute)
  • Laster v. Francis, 199 N.C. App. 572, 681 S.E. 2d 858 (2009)(Real Property and Fiduciary Duty Case)
  • State ex rel. Cooper v. State Properties, LLC, 2009 N.C. App. Lexis 2010 (Feb 17, 2009) (Regulatory Appeal)
  • UAW-GM Center For Human Resources V. Workplace Benefits, LLC, 2008 U.S. Dist. LEXIS 7521; 2008 WL 283728 (E.D. MI. 2008)(Benefits contract dispute)
  • Mineo & Crouse, PLLC v. Mineo, 189 N.C. App 232, 658 S.E. 2d 33 (2008) (Limited Liability Company Governance and Breach of Fiduciary duty case)
  • WMS, Inc. v. Alltel Corp, 185 N.C.App 86, 647 S.E.2d 623(2007) (Arbitrability of affirmative defenses in an Unfair Business Practice case)
  • WMS, Inc. v. Weaver, 183 N.C. APP. 295, 644 S.E.2d 567 (2007) (Fees and costs in an Unfair Business Practices case)
  • Kroger Limited Partnership v. Guastello, 177 N.C. App. 386, 628 S.E.2d 841 (2006) (bench trial of commercial lease dispute)
  • Tejal Vyas, LLC v. Carriage Park Limited Partnership, 359 N.C. 315, 608 S.E.2d 751 (2005) (Jurisdictional dispute in a business fraud case)
  • WMS, Inc. v. Weaver, 166 N.C. App. 352, 602 S.E.2d 706 (2004), cert. denied 359 N.C. 197, 602 S.2d 706 (2004) (arbitration prosecution of multimillion dollar breach of the covenant of good faith and fair dealing and unfair trade practices case)
  • Lighthouse Car Wash Systems, LLC v. Illuminator Building Co., LLC, 2004 WL 2750251 (S.D. Ind. 2004) (defense of patent infringement action)
  • Emergency One, Inc. v. American Fire Eagle Engine Co., 332 F.3d 264 (4th Cir. 2003) (jury trial representation of defendant/counter claimant in a trademark infringement action)
  • State Properties, LLC v. Ray, 155 N.C. App. 65, 574 S.E.2d 180 (2002) (jury trial prosecution of fraud and unfair trade practices in commercial real property transaction case)
  • Clayton v. Stephens, 6 F.Supp.2d 480 (E.D.N.C. 1996) (defense of RICO, RCRA, negligence, tortious interference with contract, fraud, breach of contract, and unfair trade practices case)
  • Crown Cork & Seal Co., v. Dockery, 907 F.Supp. 147 (M.D.N.C. 1995) (defense of CERCLA action)
  • Horsehead Resource Development Co. v. Browner, 16 F.3d 1246 (D.C. Cir. 1994) (administrative review of Environmental Protection Agency Regulations)
  • Barr-Mullen, Inc. v. Browning, 108 N.C. App. 590, 424 S.E.2d 226 (1993) (prosecution of Trade Secret Protection Act action obtaining injunctive relief)
  • Ellis v. Northern Star, Co., 326 N.C. 219, 388 S.E.2d 127 (1990) (jury trial prosecution of business defamation and unfair or deceptive trade practices action)
  • Bolton Corp. v. T.A. Loving Co., 94 N.C. App. 392, 380 S.E.2d 796 (1989) (jury trial representation of HVAC contractor for delay and disruption caused by general contractor)

* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Published Works

  • “Did you Know our House is on Fire: News from th ABA Bar Leaders’ Conference in Houston and from Salisbury Street,” Wake Bar Flyer President’s Column, March/April 2015
  • "The Evolving Law of Mediation," Wake County Bar Association/10th Judicial District Bar Professionalism Committee Blog, October, 2014
  • "Ethical Traps for In-House Counsel in Business Litigation," Wake County Bar Association/10th Judicial District Bar Professionalism Committee Blog, January, 2014
  • "Business Arbitration: Throwing Plaintiff into the Briar Patch", TRIAL BRIEFS II, October, 2005
  • Contributing Editor, North Carolina Civil Procedure Practice Guide, (a multi-volume practical guide), West Publishing Company, 1998
  • "The Judicial Improvements Act of 1988", The Litigator, August 1989
  • "Managing the Relationship Between Environmental Professionals and Lawyers, 18 National Association of Environmental Professionals' Annual Conference Proceedings 392, 1993
  • "Emerging Issues in Air Quality Law", N.C. Bar Foundation, 1993
  • "Shell Oil Co. v. U.S. Environmental Protection Agency", Environmental News No 3., 1992
  • "Tar Heel Politics", the Annals of the American Academy of Political and Social Sciences, Vol. 514, P. 254, March 1991
  • "Starwars Meets the ABM Treaty: The Treaty Termination Controversy", North Carolina Journal of International Law and Commercial Regulation, 701, 1985
  • "Act of State and Choice of Law Aspects of Suing Foreign Governmental Corporations", North Carolina Journal of International Law and Commercial Regulation, 146, 1984
  • "Considerations in the Siting of Waste Treatment Storage and Disposal Facilities", Environmental Protection 28, 1995

Presentations

  • "A Primer on the North Carolina Business Court" delivered to the Association of Corporate Counsel (Charlotte Chapter), March 6, 2013
  • "Winning at Arbitration", North Carolina Academy of Trail Lawyers, February 8, 2008
  • "Lawyer Professionalism and Work/Life Balance", Chief Justice Susie M. Sharpe Inn of Court, January 9, 2008
  • "Taking and Defending Effective Depositions in North Carolina", with James Aldean (Dean) Webster, III, Lorman, 2000
  • "Employment Practices to Protect Your Human Capital and Intellectual Property", Triangle Society for Human Resource Management
  • "Environmental Issues in Real Property Transactions: A Lawyer's View", National Association of Environmental Professionals' Workshop on Environmental Issues in Real Estate Transactions, May 26, 1993
  • "Enforcement under the New Clean Air Act Amendments", National Business Institute, June 1992
News

News

Education
  • University of North Carolina School of Law, J.D., with honors, 1985
  • Grinnell College, B.A., with honors
Admissions
  • North Carolina, 1985
  • United States Supreme Court, 1988
  • United States Court of Appeals, Third Circuit
  • United States Court of Appeals, Fourth Circuit
  • United States District Court, Eastern District of Michigan
  • United States Court of Appeals, DC Circuit
  • United States District Court, Eastern District of North Carolina
  • United States District Court, Middle District of North Carolina
  • United States District Court, Western District of North Carolina
Affiliations
  • Past President, Chief Justice Susie M. Sharp Inn of Court
  • Past President-Elect, Tenth Judicial District Bar (Raleigh/Wake)
  • Member, North Carolina Bar Association Committee on Law Related Education
  • Vice Chair, Professionalism Committee, Wake County Bar Association
  • Board Member, 10th Judicial District State Bar
  • Board Member, Wake County Bar Association
  • Federal Bar Association
  • Member, 10th Judicial District Bar Grievance Committee 2006- 2009
  • State certified judicial campaign treasurer
  • Faculty, National Institute for Trial Advocacy
  • Registered Arbitrator and Neutral, American Arbitration Association and National Association of Securities Dealers
  • Certified Superior Court Mediator, Office of Administrative Hearings, and Member, Mediation Panel of the U.S. District Court for the Eastern District of North Carolina
  • Listed, Who's Who in American Law and Who's Who in the South and Southeast
  • Vice President and Board of Directors of Mediation Services of Wake, Inc.
  • Member of the Board of Directors of Carolina Legal Assistance
  • Member, Board of Directors, Clean Water Fund Lead Testing, Inc.
  • Chairman, Raleigh Environmental Quality Advisory Board
  • Chairman, Ethics Committee, National Association of Environmental Professionals
  • Member, Committee on the Environment, United States Council for International Business (Business and Industry Advisory Committee to the Organization for Economic Cooperation and Development (OECD) and the International Chamber of Commerce)
  • Member, United States Supreme Court Bar 1988
  • Member, National Association of Environmental Professionals' 18th Annual Conference Steering Committee
  • Note and Comment Editor, North Carolina Journal of International Law and Commercial Regulation 1984-1985
  • Member, Rosenfield Committee on Public Affairs, International Relations and Human Rights
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