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Evan M. Sauda

Evan M. Sauda

Partner

T (704) 384-2647
F (704) 384-2923
Overview

Evan has more than a decade of experience litigating complex business disputes. He routinely appears in state and federal courts, including the North Carolina Business Court, and handles binding arbitrations, both before the American Arbitration Association and other quasi-judicial bodies. He has brought cases to verdict before juries, judges, and arbitrators, and handled appeals in North Carolina's appellate courts and in the 4th Circuit Court of Appeals.

A member of the firm's business litigation team, Evan has broad experience helping clients protect their business interests and assets. He regularly advises clients on:
 

  • breaches of contract and related claims, such as tortious interference, fraud, and unfair and deceptive trade practices;
  • franchise and dealership issues, including termination, holdover, and de-identification;
  • financial services and products, business leasing, fair debt collection, credit reporting, and collections and deficiency;
  • premises, products, and professional liability; and
  • misappropriation of trade secrets, covenants not to compete, and related employment issues.

As part of the firm’s Legal Project Management team, Evan assists clients in designing and continuously improving their litigation management strategies and processes to determine the best way to deliver legal work aligned with the client’s interests, utilizing project management and process improvement principles to deliver reductions in cost, cycle time, and overhead. He is a certified Legal Lean Sigma® Yellow Belt.

Evan is the chair of the firm’s Technology Committee and serves on the Technology Committee of the North Carolina Bar Association. He is the past chair of the Mecklenburg County Bar's Legal Volunteer Recruitment Committee, an active member of the ABA's Forum on Franchising, the Business Torts committee of the Section of Litigation, and the Commercial Litigation section of Defense Research Institute. He is also active in the local and legal communities, serving as a class agent for his law school, a volunteer for Friendship Trays, Charlotte's "meals on wheels" organization, and maintaining an active pro bono practice.

Trial Team
Achievements
  • North Carolina Super Lawyers, Rising Stars Edition, Listed Business Litigation (2017)
Experience

Representative Work

  • Duke Energy Florida, Inc. v. Westinghouse Electric Company LLC (W.D.N.C., Judge Max O. Cogburn, Jr.) Trial counsel for Westinghouse Electric Company in week-long bench trial arising from utility’s decision to terminate an engineering, procurement, and construction (EPC) contract for a nuclear power plant.
  • Clark Material Handling Co. v. Toyota Material Handling U.S.A., Inc. (W.D.N.C., Judge Max O. Cogburn, Jr.) Trial counsel for Clark Material Handling Company in tortious interference case relating to competitor’s pressure on common forklift dealership. Jury verdict returned following two-week trial.
  • Confidential AAA Arbitration. Trial counsel for business owner in dispute with partner regarding buyout provision. Decision issued following three-day arbitration hearing.
  • No Regrets Properties, Inc. et al. v. Neighborhood Sports Pub Concepts, Inc. (Court of Common Pleas, Greenville, S.C., Judge W. Jeffrey Young) Represented franchisor prosecuting breach of contract and trademark action for royalty strike, holdover, and failure to de-identify. Two week trial to jury verdict.
  • Interstate Equipment Co. v. ESCO Corp. (W.D.N.C., Judge Richard L. Voorhees) Counsel for ESCO Corp. in bench trial defending wrongful termination and buyback claims brought by dealer. Case settled following trial and appeal.
  • Confidential AAA Arbitration. Lead trial counsel for food service vendor in action for breach of contract. Arbitration award issued after two-day arbitration in Jacksonville, Florida.
  • Starbury GSA VII, LLC et al. v. JDL Castle Corp. et al. Q6 Office I, LLC at al. v. JDL Castle Corp. et al. (Mecklenburg County Superior Court, Judge W. Erwin Spainhour by designation) Lead counsel for purchasers of buildings in breach of contract and misrepresentation action against developer relating to claims about income potential of commercial offices.
  • Confidential AAA Arbitration. Represented tax consultant in breach of contract action against large public utility regarding tax savings realized and fees owed. Case settled before final arbitration hearing.
  • Deerborne Cottages, LLC et al. v. First Bank et al. (W.D.N.C., Judge Martin Reidinger) First Bank v. Michael Robinson et al. (Buncombe County Superior Court) Represented bank in defense of breach of contract and fraud claims brought as a result of promises supposedly made by pre-takeover entity under 12 U.S.C. 1823(e), and, in separate action, brought claims on million-dollar loan guarantee.
  • Confidential AAA Arbitration. Counsel for one of world’s largest glove manufacturers in in AAA arbitration brought by supplier. Claimant alleged breach of supply agreement and unauthorized use of specialized yard designs.


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

Education
  • Washington & Lee University School of Law, J.D., 2004
  • University of North Carolina at Chapel Hill, B.A., 2001
Admissions
  • North Carolina, 2004
  • United States Court of Appeals, Fourth Circuit, 2012
  • United States District Court, Middle District of North Carolina, 2005
  • United States District Court, Eastern District of North Carolina, 2005
  • United States District Court, Western District of North Carolina, 2004
Affiliations
  • Mecklenburg County Bar Association
  • American Bar Association
  • North Carolina Bar Association
  • Defense Research Institute
  • North Carolina Association of Defense Attorneys
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