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Mark
A.
Finkelstein
Mark Finkelstein is a highly experienced trial lawyer who regularly tries cases to juries, judges and arbitration panels. He was elected 2006-2007 President of the Chief Justice Susie M. Sharp Inn of Court (Wake County's premiere organization of Judges, and trial practitioners). Mr. Finkelstein has achieved Martindale-Hubbell's highest "AV" ("Very High to Preeminent") rating from his lawyer peers. He has been selected to teach for the National Institute for Trial Advocacy for over a decade. Mr. Finkelstein was nominated by Speaker Blue and 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. Mr. Finkelstein's practice focuses on Litigation and Legal Advice regarding Business, Intellectual Property, Corporate Disputes, Construction, Environmental Issues, Unfair or Deceptive Trade Practices and Employment Matters.
Education
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J.D., with honors, University of North Carolina School of Law, 1985
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B.A., Grinnell College
Admissions
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North Carolina
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United States District Court, Eastern District of North Carolina
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United States District Court, Middle District of North Carolina
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United States District Court, Western District of North Carolina
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United States Court of Appeals, Third Circuit
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United States Court of Appeals, Fourth Circuit
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United States Court of Appeals, DC Circuit
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United States Supreme Court
Achievements
- Selected by Law & Politics Magazine for inclusion in North Carolina Super Lawyers, Business Litigation, 2007, 2009-2010
- Martindale-Hubbell's top ("AV") Peer Review Rating *
* 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.
Professional Memberships
- Member, 10th Judicial District Bar Grievance Committee 2006- present
- State certified judicial campaign treasurer
- President, Chief Justice Susie M. Sharp Inn of Court 2006-2007
- 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
Recent Cases
- Mineo & Crouse, PLLC v. Mineo, ____ N.C. App ___, ___ S.E. 2d ____ (2008) (Limited Liability Company Governance and Breach of Fiduciary duty case)
- WMS, Inc. v. Alltel Corp, ___ N.C.App __, 647 S.E.2d 623(2007) (Arbitrability of affirmative defenses in an Unfair Business Practice case)
- WMS, Inc. v. Weaver, __ N.C. APP. ___, 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)
- 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)
Publications
- "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 and Speaking Engagements
- "Dispute Resolution Trends and Solutions for Health Care Providers", Smith Moore Leatherwood Health Care Webinar Series, August 2009
- "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
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