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Melanie Black Dubis

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Melanie Dubis is a versatile commercial litigator who focuses on obtaining her clients’ desired results so they can get back to business. She handles complex patent, securities and other business disputes at the trial and appellate level for corporate and individual clients in the pharmaceutical, manufacturing, insurance, financial services and technology industries. She has experience in North Carolina state and federal courts, the U.S. Court of Appeals for the Fourth and Federal Circuits and in arbitration proceedings.

Ms. Dubis handles matters in state and federal appellate courts. Her clients benefit from working with an attorney who can seamlessly transfer their cases from the trial court to the appellate court.

Ms. Dubis appreciates that her clients benefit from doing business in a thriving business region with a high quality of life, and she plays an active role in keeping the Raleigh Durham area at the top of the “best of” lists through service on numerous boards and committees.

Results By the Numbers

  • 0 Parker Poe Attorneys Named 2015 NC Super Lawyers

Featured Experience

  • Representing several generic pharmaceutical manufacturers in patent litigation under the Hatch-Waxman Act
  • National defense counsel in class actions involving insurance regulations pending in multiple federal jurisdictions
  • Defending clients in false advertising and unfair competition claims filed by the Federal Trade Commission (FTC)
  • Representing corporations and their boards of directors related to conflicts of interest, derivative actions, fiduciary duties and business judgment rule defenses
  • FINRA arbitration proceedings involving suitability issues, negligence, breach of fiduciary duty and failure to supervise
  • Represents both plaintiffs and defendants before state and federal courts and the North Carolina Business Court in cases involving trade secrets and unfair competition

Representative Matters

Accounting and Financial Services Defense

  • Carlson v. LPL Financial, LLC FINRA Case No. 14-0001.  Obtained a defense award for claims of breach of contract, defamation, tortious interference with prospective advantage and wrongful termination.
  • Harco v. BDO Seidman, LLP, North Carolina Business Court (2006-2009). Defended accounting firm against claims of negligence and negligent misrepresentation. After depositions of more than 50 witnesses, including experts, the case, in which over $100 million of damages were alleged, was resolved.
  • aaiPharma v. Ernst & Young, LLP, 521 F.Supp.2d 507 (E.D.N.C. 2007). Successfully defended Ernst & Young, LLP against securities fraud claims arising out of alleged false and misleading quarterly financial statements and audit opinion. The Court dismissed all claims on a Rule 12(b)(6) motion on the grounds that the Complaint failed to plead scienter.

Unfair and Deceptive Trade Practices and Trade Secret Litigation

  • Melvin Colon, et al. v. Bimbo Food Bakeries Distribution, LLC, et al., 15:14-CV-316-D (E.D.N.C.).  Obtained dismissal of all claims by independent contractors asserted against international manufacturer and distributor regarding alleged breaches of distribution agreements and other alleged tortious conduct.
  • Voyager Pharmaceutical Corp. v. Bowen, et al., North Carolina Business Court (2006-2008). Represented individual defendant in case alleging inter alia, trade secret misappropriation, breach of fiduciary duty, and unfair and deceptive trade practices. Plaintiff’s motion for preliminary injunction was denied. After plaintiff’s Chapter 75 claims were dismissed on a Rule 12(b)(6) motion, plaintiff dismissed all other claims.


Intellectual Property Litigation

  • Represented several generic pharmaceutical manufacturers in patent litigation under the Hatch-Waxman Act, including Granutec, Inc. v. Shalala, 139 F.3d 889 (4th Cir. 1998); TorPharm Inc. v. Novopharm, Ltd., 48 U.S.P.Q.2d 1471 (E.D.N.C. 1998); TorPharm Inc. v. Genpharm Inc., 250 F.3d 754 (Fed. Cir. 2000).
  • Pentair Water Pool and Spa, et al. v. Hayward Industries, Inc., et al. 5:11-CV-459 (E.D.N.C).   Represent plaintiffs in patent infringement action related to variable speed pump technology.


Shareholder Litigation

  • Velleros, Inc. v. Taren J. Patterson, et al. 13CVS5834 (N.C. Business court).  Obtained TRO, preliminary injunction and summary judgment on behalf of company against shareholders purporting to act on behalf of the company.
  • In re Speedway Motorsports, Inc. Derivative Litigation, 2003 WL 22400758 (Del. Ch. 2003), aff’d, No. 546, 2003 (Del. Sup. Ct. May 12, 2004). Defended officers and directors of a FORTUNE 500 company against shareholder derivative claims of bad faith and breach of fiduciary duties arising out of the sale of an industrial park adjacent to the Las Vegas Motor Speedway. The Chancery Court held that the defendant directors’ decisions were protected by the business judgment rule and granted summary judgment. The Chancery Court’s ruling was upheld by the Delaware Supreme Court.


Other Reported Cases

  • Hoke County Board of Education v. State, 358 N.C. 605 (2004). Represented low-wealth school districts in what has been described as one of “the most important North Carolina Supreme Court rulings in living memory.” The case established the state constitutional right to a sound basic education for all public school students in North Carolina. After a five-week trial, the trial court ruled in the plaintiff low-wealth school districts’ favor. The trial court’s rulings were largely upheld by the Supreme Court in 2004. Since 2004, the case has resulted in an increase of over $1 billion in funding for at-risk students in every county of North Carolina.

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Honors & Awards

  • Benchmark Litigation, Local Litigation Star – North Carolina, 2014-2017; Future Star – North Carolina, 2013
  • Woodward/White’s The Best Lawyers in America in Commercial Litigation and Litigation – Antitrust, 2013-2017; Litigation - Securities, 2017
  • North Carolina Super Lawyers in Business Litigation, 2014-2017
  • Featured in “10 People to Watch in 2013” by the Triangle Business Journal
  • Chambers USA: Women in Law Awards 2013 – Nominee, Up-and-Coming Litigation Lawyer of the Year
  • Chambers USA: America’s Leading Lawyers in General Commercial Litigation, 2012-2013
  • Triangle Business Journal, Women in Business Award, 2011
  • North Carolina Lawyers Weekly, Leaders in the Law Award, 2011
  • North Carolina Super Lawyers Rising Star in Business Litigation, 2009
  • Business North Carolina magazine's "Legal Elite" Young Guns, 2007
  • Triangle Business Journal’s 40 Under 40, 2006
  • Fellow, Litigation Counsel of America
  • International Association of Defense Counsel (IADC)
  • Martindale-Hubbell AV® Preeminent™ in Commercial Litigation; Business Torts; Intellectual Property Litigation; Antitrust; Trade Regulation; Securities Litigation
  • Phi Beta Kappa
  • John W. Wade Scholar, Vanderbilt University Law School

Memberships

  • Carolina Ballet, Board of Directors (Chair, 2011-2015; Member, 2005-present; Chair, Development Committee, 2010-2011)
  • North Carolina Bar Association, Member, Quality of Life Committee, 2011-present, Chair, Civil Practice and Procedure Committee, Litigation Section Council, 2005-2006; Member, Appellate Rules Advisory Committee, 2003-2010; Member
  • Connected Women of North Carolina, Advisory Board, Member, 2010-present
  • Greater Raleigh Chamber of Commerce, Board of Directors, 2015; Education Committee, Member, 2010-present; Communications Committee, Member, 2010-2011
  • Wake County Bar Association, Bench Bar Committee, 2008-present
  • Leadership America - North Carolina, Board of Directors, 2005-2007
  • Alliance of AIDS Services, Carolina, Board of Directors, Chair, 2014-present; Member, 2013-2014; Pro Bono General Counsel, 2001-2013
  • Suzie M. Sharpe Inn of Court, Member, 2000-present
  • Vanderbilt Law Review, Senior Student Writing Editor