Attorney Profiles

Practice Description:

Kirk Hardymon focuses his practice on general business, complex commercial disputes, contract and real estate litigation, as well as UCC Check Warranties (Articles 4 and 8). He possesses extensive experience in business ownership disputes and breach of contract cases and he has successfully represented clients ranging from multi-national corporations, family owned businesses and individuals in such matters. Some recent examples of Kirk’s success are the representation of an individual in an employment contract dispute in which the client was given a settlement of $1 million dollars and a case relating to a breach of earn out after the sale of a company wherein he was able to settle the matter in favor of his client through arbitration for an amount in excess of $500,000.

Representative Matters:

• First Union Commercial Corporation and American Express Bank, Ltd. v. GATX Capital Corporation, f/k/a GATX Leasing Corporation , U.S. Dist. Ct., WDNC (Case No. 3:99CV152H, 2002) (Successfully represented defendant in breach of contract case involving a charter dispute in which a favorable jury verdict was obtained, plaintiffs’ claims were denied and defendant received monetary relief)
• Gary J. Davies and David P. Hill v. James A. Fagan, Jr ., Superior Court, Mecklenburg County, North Carolina (Case No. 05-CVS-15149) (Successfully represented defendant/counterclaimant in connection with a case involving a dispute with plaintiffs regarding the proposed sale and adjustments of defendant’s interest in a company and its affiliated entities, more specifically, a breach of promissory note, deceptive trade practices and civil conspiracy. This case was settled in arbitration and did not reach trial)
• The Thaxton Group, Inc., et al. v. Voyager Life and Health Insurance Company, et al. , U.S. Bankruptcy, District of Delaware (Adversary Proceeding No. 05-51042(PJW)) (Successfully represented plaintiffs in lengthy and complex arbitration and litigation seeking to recover certain fraudulent transfers made to or for the benefit of certain of the Voyager defendants and recovered amounts owing from certain of the Voyager defendants to certain of the Thaxton plaintiffs)
• Wachovia Bank, N.A. and Winifred R. McMaster, as Co-Personal Representatives of the Estate of Spencer R. McMaster, Jr., et al. v. Winnsboro Petroleum Co., Inc., et al. , Court of Common Pleas, Fairfield County, South Carolina (Case No. 05-CP-20-341 through 346 and 06-CP-20-88) (Currently representing defendant family owned company with regard to a case involving the plaintiffs’ alleged ownership interest of stock, alleged minority shareholder oppression and dispute over the fair market value of said defendant companies)
• Wachovia Bank, N.A., as Trustee of the Spencer R. McMaster, Jr. Trust U/A dated December 12, 1991 v. Quay McMaster, et al. , Court of Common Pleas, Georgetown County, South Carolina (Case No. 05-CP-22-735) (Currently representing defendant family owned company in a partition action involving an alleged fraudulent scheme to avoid taxes
• PSI Holdings, Inc. v. Dimension Data (U.S.) II, Inc. and Dimension Data Holdings, PLC , U.S. Dist. Ct., WDNC (Case No. 3:01CV632H) (Successfully represented plaintiffs, a large mulit-national corporation, in a breach of earn out action, more specifically concerning the payment of a "contingent payments" earned by the old shareholders under a purchase agreement with a new company)