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John H. Culver III

Partner
+1.704.331.7453
Fax +1.704.353.3153

John is a partner in the Charlotte office whose practice focuses on commercial litigation and internal investigations. He also has wide-ranging experience providing legal support in all commercial areas, including contract management and dispute resolution to a multi-national diversified holding company, the operations of which span the advertising, food and beverage, entertainment, and periodical distribution industries.

His extensive litigation experience with business disputes includes the defense and prosecution of claims involving financial and consumer products, bankruptcy-related litigation and indenture trustee obligations. He has managed the defense of a wide-range of claims faced by the financial industry, including False Claims Act litigation, class actions and other multi-party disputes, private equity disputes and claims of fraud and lender misconduct.

Recently, Mr. Culver represented the Speaker of the North Carolina House of Representatives and the President Pro Tempore of the North Carolina Senate in constitutional litigation with the Governor of the State of North Carolina concerning the proper constitutional allocation of appointment power in North Carolina. With over 30 years of litigation experience, the cases that he has handled range from claims against indenture trustees for breach of fiduciary duty, theft of trade secrets, to technical financing issues arising under the Uniform Commercial Code, to stakeholder disputes of both private and public companies, to lender liability claims, to consumer fraud and commercial contract cases, to claims arising under the Communications Act of 1934. He also has extensive experience conducting internal investigations and managing corporate responses to government investigations in banking and other industries.

Professional Background

Prior to joining the firm, Mr. Culver served as a clerk to Honorable Donald S. Russell, United States Court of Appeals for the Fourth Circuit.

Achievements

  • Best Lawyers in America, Commercial Litigation, 2008-2018; Litigation - Bankruptcy, 2011-2018; Securities/Capital Markets Law, 2013-2018
  • North Carolina Super Lawyers, Business Litigation, 2006-2014  

Professional/Civic Activities

  • North Carolina Bar Association: Litigation and Bankruptcy Section, Member; Bankruptcy Section, Council Member, 1996-1999

Speaking Engagements

  • “3rd Annual North Carolina Business Court CLE: Navigating North Carolina’s Specialized Forum for Complex Civil Litigation,” Panelist, May 2015
  • “Internal Corporate Investigations: Legal, Practical and Ethical Issues,” CLE presentation with J. Norfleet Pruden, III to Association of Corporate Counsel, Charlotte Chapter, October 21, 2008
  • “Conducting Internal Corporate Investigations,” CLE presentation with Scott Coward, July 2007
  • Representation of consumer lenders under investigation by the United States Department of Justice and Office of Inspector General in connection with the origination and underwriting of FHA insured mortgage loans.
  • Lead counsel for Sprint Nextel Corporation in the recovery of claims exceeding $200 million arising out of Sprint Nextel’s clearance of the 1.9 MHz spectrum.
  • As lead counsel obtained a preliminary injunction requiring a contractual counterparty to continue to provide distribution services throughout the Eastern United States when the counterparty ceased operations.
  • As trial counsel for a Chapter 7 bankruptcy trustee of a failed textile company, John recovered two million dollars from former officers and directors for the benefit of the bankrupt company's former employees.
  • Lead defense counsel and nationwide coordinating counsel for national consumer lender in a series of class action challenging the method for asserting claims in bankruptcy court.
  • Represented major financial institutions in class actions arising out of claims for unfair and deceptive trade practice, usury, predatory lending practices, violations of the Truth and Lending Act, and RESPA.
  • Defense of officer's and director's liability claims asserting breach of fiduciary duties and other claims.
  • Lead defense of lender liability claims asserting control theories, bad faith and other claims against national asset-based lender, seeking more than $10 million in damages.
  • Pursuit of claims for breach of contract and related fraud arising out of agreement to manufacture generic prescription cream.
  • Lead counsel for regional insurance company pursuing claims against software designer for failed implementation project.
  • Pursuit of claims arising out of factory automation project for Fortune 100 company based upon the failure of the software automation.
  • Pursuit of claims against third party administrator by ERISA plan sponsor alleging fraud and breach of contract.