Profile

Melanie Dubis handles commercial disputes for clients in North Carolina state and federal courts, the United States Court of Appeals for the Fourth Circuit and arbitration proceedings.

Experience Highlights

Ms. Dubis advises and represents corporate and individual clients in unfair and deceptive trade practices and trade secret litigation, securities litigation and intellectual property litigation. She represents a variety of companies in the pharmaceutical, manufacturing and technology industries in patent litigation. Ms. Dubis has also represented more than 15 accounting firms, including Big Four firms, securities broker/dealers and other financial services professionals in litigation and arbitrations alleging negligence, negligent misrepresentation, breach of fiduciary duty and securities fraud. Her representative experience includes:

• Represented several generic pharmaceutical manufacturers in patent litigation under the Hatch-Waxman Act
• Represented a search engine optimization software company against claims of breach of contract and trade secret misappropriation in a two-week trial
• Class action antitrust litigation and advice regarding antitrust compliance
• 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 judgement rule defenses
• FINRA arbitration proceedings involving suitability issues, negligence, breach of fiduciary duty and failure to supervise
• Represent both plaintiffs and defendants before state and federal courts and the North Carolina Business Court in cases involving trade secrets and unfair competition

Experience

Accounting and Financial Services Defense

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.

Harold v. Dowd, 149 N.C. App. 777 (2002). Drafted both the trial and appellate briefs in this case, wherein the North Carolina Court of Appeals upheld the dismissal of malpractice and fraud claims against accountants and held for the first time that accountants do not owe a fiduciary duty to business clients.

Unfair and Deceptive Trade Practices and Trade Secret Litigation

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.

The Pantry, Inc. v. Kroger Limited Partnership I and Sheetz, Inc., 05-cvs-4795 (Wake Co. Superior Court, 2005-2006). Defended Kroger against a claim under the North Carolina Motor Fuel Marketing Act, N.C.G.S. § 75-81, for allegedly selling motor fuel below cost. After discovery and mediation, the plaintiff dismissed its claims.

Henry Schein, Inc. v. Patterson Dental, 5:04-cv-243 (E.D.N.C. 2004). Represented a major supplier of dental equipment in an action by a competitor for misappropriation of trade secrets, violation of the Computer Fraud and Abuse Act and related claims. The case was resolved by settlement following extensive discovery.
 
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). Other significant IP matters include:

Medi USA LP v. International Legware Corp., et al., 1:06-cv-01046 (M.D.N.C. 2006-2007). Represented Defendant Americal Corp. against allegations of trademark infringement and false advertising in violation of the Federal Trademark Act, 15 U.S.C. § 1051, et seq., and unfair competition and deceptive trade practices. The case was filed originally in the United States District Court for the Northern District of Illinois. After a successful motion by Defendants to transfer venue to North Carolina, the case was resolved.

Clearwire Corp. v. John Doe (aka thecleartruth@gmail.com), 1:07-cv-00359 (M.D.N.C. 2007). Obtained ex parte expedited discovery from web host, internet service provider, and email provider where “thecleartruth” was posting proprietary and trade secret information on a DSLReports.com chat board and an on-line forum. The case was resolved favorably after the identity of the defendant was disclosed.

Warner-Lambert Company v. Apotex Corp., et al., 316 F.3d 1348 (Fed. Cir. 2003). Represented and filed an amicus brief for a generic pharmaceuticals manufacturers’ association. This case principally involved issues concerning alleged inducement of infringement in a dispute about Warner-Lambert’s patents on a drug used to treat epilepsy and neurodegenerative diseases. The Court of Appeals decided the case on terms favorable to the generic association client, adopting substantial portions of the amicus brief in its opinion.

aaiPHARMA Inc v. Barr Laboratories Inc, et al., 7:01-cv-150, 202, 208 (E.D.N.C. 2001). Represented Par Pharmaceutical, Inc, defending claims of alleged infringement of three patents relating to a polymorphic form of fluoxetine hydrochloride, which Eli Lilly sells under the trade name Prozac®. After discovery the case was settled on terms favorable to Par.

Shareholder Litigation

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.

Ferko v. NASCAR, Inc., et al., 4:02CV50 (E.D. Tex. 2002-2003). Represented Speedway Motorsports, Inc. in a shareholder derivative action filed in the United States District Court for the Eastern District of Texas regarding NASCAR’s failure to award a second Winston Cup race date to the Texas Motor Speedway. After extensive discovery and motions practice, the case was resolved.

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.

Crispell v. Next Dimension Productions, 614 S.E.2d 608 (2005). Appealed the trial court’s denial of Defendant’s motion to dismiss for lack of subject matter jurisdiction and improper venue. The North Carolina Court of Appeals ruled in Defendant’s favor, reversing the trial court, based on the forum selection clause in the parties’ underlying contract.

News

• Carolina Ballet Reelects Melanie Dubis as Board Chair
  June 4, 2013
• Chambers USA 2013 Ranks Parker Poe as Leading Law Firm
  May 24, 2013
• Melanie Dubis Appointed to the Litigation Counsel of America
  March 18, 2013
• Melanie Dubis Presents on NC Business Court Decisions
  February 15, 2013
• TBJ Features Melanie Dubis in 2013 List
  10 People to Watch in 2013
  Triangle Business Journal
  January 4, 2013
• Melanie Dubis Nominated for Chambers USA Women in Law Awards 2013
  December 20, 2012
• 74 Parker Poe Attorneys Recognized as Best Lawyers® for 2013
  August 23, 2012
• Chambers USA 2012 Ranks Parker Poe as Leading Law Firm
  June 7, 2012
• Melanie Dubis Named Among N.C. Lawyers Weekly’s 2011 Leaders in the Law
  September 22, 2011
• Melanie Dubis Honored with Women in Business Award
  August 26, 2011
• Melanie Dubis Featured in Interview on Cyberbullying
  August 12, 2011
• Melanie Dubis Speaks on NC Budget Cuts and Leandro Case
  June 22, 2011
• Carolina Ballet Names Melanie Dubis Board of Directors Chairman
  March 23, 2011
• The FTC's Intel Case Serves as a Reminder that Single Firm Conduct can also Violate the Antitrust Laws
  Antitrust & Unfair Competition Update
  November 18, 2010
• Department of Justice and Federal Trade Commission Issue Revised Horizontal Merger Guidelines
  Antitrust & Unfair Competition Update
  August 31, 2010
• Leniency Programs and Increased Criminal Penalties make Antitrust Compliance Programs Essential
  Antitrust & Unfair Competition Update
  August 25, 2010
• Carolina Ballet Names Melanie Black Dubis Development Committee Chair
  June 28, 2010
• Forty-Six Attorneys Named Super Lawyers
  January 26, 2009
• Fifteen Parker Poe Attorneys Among "Legal Elite"
  January 8, 2007
• Parker Poe Attorneys Named to Triangle Business Journal's 40 under 40
  May 12, 2006
• Law Firm Continues To Aid Hoke County School System Long After Conclusion Of Landmark Leandro Case
  July 29, 2005
• Antitrust Compliance Programs Are Needed Now More Than Ever
  Antitrust & Unfair Competition Update
  May 2, 2005
• Parker Poe Attorney Bob Spearman's Victory in Leandro Hailed as Landmark Case for North Carolina, Nation
  August 26, 2004

Events & Speaking Engagements

• Litigating Complex Commercial Disputes in North Carolina: Recent Key Decisions of the North Carolina Business Court
  February 2013
  NCBA Antitrust & Complex Business Disputes Law Annual Meeting with the NCADA
• Boards and Social Media
  October 2012
  Directors’ College, National Association of Corporate Directors - Research Triangle Chapter
• Managing the Legal Challenges of Social Media
  September 2011
  NC Bio, Biotech Manufacturers Forum
• The New Water Cooler: Legal Adventures in Social Networking, Parker Poe Client Seminar and CLE
  January 28, 2011
  
• Managing Social Media For Your Company
  July 2010
  Research Triangle Chapter - Association of Corporate Counsel
• The Remedial Phase of Leandro
  May 2005
  2005 Education Law Section Annual Meeting
• Leandro and Potential Future Litigation in State Courts
  October 2004
  North Carolina School Boards Association 13th Annual School Law Conference

Publications

“Legal Tactics to Protect Against Cyberbullying,” Aspatore Special Report: Navigating Legal Issues Related to Cyberbullying, 2011

Memberships

• Carolina Ballet
  Board of Directors (Chair, 2011-present; 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
• Connected Women of North Carolina
  Advisory Board, Member, 2010-present
• Greater Raleigh Chamber of Commerce
  Education Committee, Member, 2010-present; Communications Committee, Member, 2010-present
• Wake County Bar Association
  Bench Bar Committee, 2008-present
• Leadership America - North Carolina
  Board of Directors, 2005-2007
• Alliance of AIDS Services, Carolina
  Pro Bono General Counsel, 2001-present
• Suzie M. Sharpe Inn of Court
  Member, 2000-present
• Vanderbilt Law Review
  Senior Student Writing Editor

Cases

• Leandro Hailed as Landmark Decision