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D. Martin Warf

Partner

GlenLake One
4140 Parklake Avenue
Suite 200
Raleigh, NC 27612
martin.warf@nelsonmullins.com

Martin Warf practices in the areas of business and consumer financial services litigation. He has represented diverse clients from a variety of industries, including healthcare, regulated utilities, local government, retail, banking, investment, and insurance.

 

Martin Warf practices in the areas of business and consumer financial services litigation. He has represented diverse clients from a variety of industries, including healthcare, regulated utilities, local government, retail, banking, investment, and insurance.

 

Martin Warf practices in the areas of business and consumer financial services litigation. He has represented diverse clients from a variety of industries, including healthcare, regulated utilities, local government, retail, banking, investment, and insurance.

 

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.

Experience

  • Has represented national bank in managing collection cases against businesses and individuals
  • Orchestrated bank's discovery in adversary proceeding, including document collection, production, and response in opposition to motion to compel
  • Has defended commercial lender against suits by contractor over initial loan amounts on a HUD insured loan
  • Has represented national franchisor against fraudulent conveyance action
  • Has defended investment firm charged with broker-dealer violations in securities case involving tenants-in-common ownership in commercial property
  • Has represent national mortgage servicers against plaintiffs in state, federal, and bankruptcy courts on claims of lender and servicer liability, including federal and state debt collection violations, TILA violations, etc.
  • Has resolved disputes in areas such as products liability, employment, contracts, collections, personal injury, malpractice, construction, and corporate governance
  • Advises clients on procedure, managing risk, alternative dispute resolutions, and the impact of regulations and case law

Representative Matters

  • Evans v. Chalmers, 703 F.3d 636 (4th Cir. 2012): served as second chair in defending seven supervisory City of Durham officials from personal civil liability arising out of the police investigation into sexual assault allegations against Duke lacrosse student-athletes. Developed and participated in strategy, research, writing, motions, arguments, and witness interviews while also coordinating similar efforts with counsel from other firms. Obtained dismissals at the district court level and Fourth Circuit Court of Appeals
  • Asheboro Paper & Packaging, Inc. v. Dickinson, 599 F. Supp. 2d 664 (M.D.N.C. 2009): defended employee and new employer against allegations that employee and new employer violated a non-competition agreement. District Court found no liability on the grounds that the agreement was overbroad
  • Midsouth Golf, LLC v. Fairfield Harbourside Condo. Ass'n , 187 N.C. App. 22, 652 S.E.2d 378 (2007): represented condominium associations against a developer who was attempting to raise dues while also limiting access to amenities. Achieved favorable ruling in superior court and defended the ruling on appeal
  • Defended utility companies in catastrophic personal injury litigation and CERCLA superfund litigation
  • Represented municipality in negligence suit over water & sewer supply
  • Represented national wireless carrier's interests in dispute over rooftop lease with condominium association
  • Represented hospital and provider in “portable tort” theory of personal jurisdiction
  • Has advised national retailers and nonprofits on Americans with Disabilities Act compliance; defended other businesses in litigation over their level of ADA compliance
  • Represented architects, lawyers, and other professionals in professional malpractice cases
  • Defended insurer against inflated damages claims under a business interruption policy

Previous Professional Experience

  • Former associate, Raleigh law firm (2006-2014)

Educational Activities

  • Campbell University, Norman Adrian Wiggins School of Law
    • Member of national trial and appellate teams

Education

  • Campbell University Norman Adrian Wiggins School of Law, JD, cum laude (2004)
    • Order of Barristers
    • Managing Editor, Campbell Law Review
  • University of North Carolina at Chapel Hill, BA, Psychology and Political Science (2000)

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

Clerkships

  • Law Clerk, The Honorable Richard A. Elmore, North Carolina Court of Appeals (2004 - 2006)

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • North Carolina Bar Association
  • Appellate Rules Committee
  • Raleigh Rotary Club Member
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