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Lorin J. Lapidus

Of Counsel

The Knollwood
380 Knollwood Street
Suite 530
Winston-Salem, NC 27103
lorin.lapidus@nelsonmullins.com

Lorin Lapidus is a member of the firm's litigation group and he focuses his practice on commercial litigation, including matters appropriate for disposition in the North Carolina Business Court, and maintains an active appellate practice in North Carolina’s state courts.  

Lorin Lapidus is a member of the firm's litigation group and he focuses his practice on commercial litigation, including matters appropriate for disposition in the North Carolina Business Court, and maintains an active appellate practice in North Carolina’s state courts.  

Lorin Lapidus is a member of the firm's litigation group and he focuses his practice on commercial litigation, including matters appropriate for disposition in the North Carolina Business Court, and maintains an active appellate practice in North Carolina’s state courts.  

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

  • Represents businesses and individuals in high-stakes contract disputes, including non-competition agreements as well as statutory and common law tort actions
  • Maintains a vibrant pre-trial motion practice in commercial cases involving specialized and emergency pre-judgment relief, including restraining orders, injunctions, attachments, and claim and delivery
  • As a former law clerk, provides strategic counsel on properly preserving issues for appellate review, post-trial motion practice, application of the North Carolina Rules of Appellate Procedure, prosecuting and defending against interlocutory appeals, and writing effective appellate arguments
  • Serves as appellate counsel for amicus curiae in appeals involving issues of importance for various interest groups and stakeholders 

Representative Cases

  • Kerry Bodenhamer Farms, LLC v. Nature’s Pearl Corp., 2018 NCBC 84 (2018); obtained partial summary judgment for owner of regional neutraceutical company on multimillion dollar attempt to pierce its corporate veil; developed argument to establish that no independent cause of action for breach of the implied covenant of good faith and fair dealing exists under North Carolina’s Uniform Commercial Code, an issue of first impression in the state; orchestrated litigation strategy that defeated partial summary judgment on affirmative defense of revocation of acceptance under the UCC. 

  • Manion v. N.C. Medical Board et. al., No. 5-16-cv-63, 2016 U.S Dist. LEXIS 111190 (E.D.N.C (2016), aff’d by 2017 U.S. App. LEXIS 10203 (4th Cir. 2017); served as second chair in defending the North Carolina Physicians Health Program (NCPHP) and its principals from multiple federal and state constitutional and tort claims stemming from official actions taken by NCPHP pursuant to North Carolina General Statute. Obtained a full dismissal order in District Court, which was affirmed by the Fourth Circuit Court of Appeals

  • Barbee v. Whap, P.A., __ N.C. App. __, 803 S.E.2d 701 (2017); assisted with defending a summary judgment order on appeal entered in favor of healthcare providers in a medical negligence case on the basis of a lack of sufficient evidence of causation and the standard of care. Obtained an affirmance in the North Carolina Court of Appeals

  • Stewart v. Shipley, No. COA 17-378, 2017 N.C. App. LEXIS 859 (2017); defended an interlocutory order granting a podiatric practice’s motion to dismiss for lack of personal jurisdiction and insufficient service of process. Achieved dismissal of the appeal for lack of a substantial right pursuant to motion

  • Kerry Bodenhamer Farms, LLC v. Nature’s Pearl Corp., 2017 NCBC 27 (2017); represented a regional nutraceutical company against various contract and tort allegations by one of its muscadine grape growers in the North Carolina Business Court. Orchestrated comprehensive legal research and analysis to develop the litigation strategy that obtained partial judgment on the pleadings on several contract theories and all business tort claims including those for Unfair and Deceptive Trade Practices

  • Maldjian v. Bloomquist, 782 S.E.2d 121, 2016 N.C. App. LEXIS 121 (2016); served as lead appellate counsel for defendant property owners and received a dismissal order from the North Carolina Court of Appeals allowing the defendants ‘motion to dismiss plaintiffs' interlocutory appeal of an attorney client privilege issue as not affecting a substantial right

  • Cornerstone Health Care, P.A. v. Moore, 2015 NCBC 62 (2015); represented former physicians against allegations stemming from a breach of a restrictive covenant by their former employer. Accomplished the vacation of an assignment order to the North Carolina Business Court pursuant to defendants’ objection and opposition of the designation as a mandatory complex business case

  • Filipowski v. Oliver, 219 N.C. App. 398, 723 S.E.2d 789 (2012); served as second chair in prosecuting an action against a former spouse alleging claims for alienation of affections and criminal conversation during which defendant unsuccessfully moved to dismiss the claims contending those torts infringed upon her rights under the First and Fourteenth Amendments to the Federal Constitution and the corresponding provisions of the North Carolina Constitution. Orally argued the appeal before a panel of the North Carolina Court of Appeals and obtained an ex mero motu order dismissing defendant’s interlocutory appeal 

  • Woods v. Moses Cone Health Sys., 198 N.C. App. 120, 678 S.E.2d 787 (2010); assisted with prosecution of appeal of an order granting, in part, a motion to compel material subject to the peer review privilege in lawsuit against regional healthcare system. Developed strategy and prepared brief that assisted in obtaining reversal of trial court’s order and expounded on the breadth of the peer review privilege codified at N.C. Gen. Stat. § 131E-95 

  • Snow v. Wake Forest Univ. Baptist Med. Ctr, No. COA 09-198, 2010 N.C. App. LEXIS 84 (2010); served as co-appellate counsel in defending an appeal of a summary judgment order entered in favor of defendant in negligence lawsuit against major healthcare system on the basis of contributory negligence. Achieved an affirmance in the North Carolina Court of Appeals 

  • Lail v. Bowman Gray Sch. Of Med., 196 N.C. App. 355, 675 S.E.2d 370 (2009); assisted with post-trial motions practice, and defense of plaintiff’s appeal from a judgment of dismissal, entered upon the jury's verdict that the minor child was not injured by the negligence of defendants in action against a major hospital system. Researched and prepared the appellee brief that garnered an affirmance of the judgment despite plaintiff’s argument that they were entitled to a new trial because of five purported errors made by the trial court in the admission of evidence 

Education

  • George Washington School of Law, LLM (2005)
  • Wake Forest University School of Law, JD (2004)
    • Member, Moot Court Board
  • New York University, BA, magna cum laude (2001)

Admissions

  • North Carolina
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court for the Eastern District of Wisconsin

Clerkships

  • The Honorable Eric L. Levinson, North Carolina Court of Appeals (2006 - 2007)

Practice Areas

  • North Carolina Bar Association
    • Member, Appellate Rules Committee
    • Council Member, Appellate Practice Section (2015-2018)
  • Forsyth County Bar Association
  • North Carolina Association of Defense Attorneys
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