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He is a litigator who focuses his practice on financial services litigation. Clark also has experience in complex business and First Amendment cases.
Clark is a partner in the firm’s Business Litigation Practice Group and a member of the Financial Services Litigation Team. He takes pride in helping his clients solve problems – whether through zealous advocacy or creative dispute resolution. His diverse civil litigation experience in state and federal courts includes civil rights actions, personal injury claims, insurance coverage disputes, and claims arising out of environmental contamination and exposure. His current practice focuses primarily on three areas: (1) financial services litigation; (2) complex commercial disputes; and (3) claims asserting violations of rights secured under the First Amendment to the United States Constitution.
Environment Emergency Response Team
Environmental, Energy & Toxic Tort
Financial Services Litigation
In his financial services practice, Clark defends financial service institutions in cases asserting novel theories of “lender liability” arising out of loan origination and servicing. Through this practice, he has developed familiarity with common law theories of liability as well as claims asserted under state and federal statutes, such as the North Carolina Secure and Fair Enforcement Mortgage Licensing Act (NC SAFE), the Interstate Land Sales Full Disclosure Act (ILSA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Equal Credit Opportunity Act (ECOA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). Examples of successful results include:
Complex Commercial Disputes
In his complex commercial dispute practice, Clark has represented institutions and individuals in numerous matters arising out of contractual disputes, business dissolutions, fraud, usurpation of business opportunities, breach of warranty, tortious interference with contract and unfair or deceptive trade practices.
In recent years, his focus has been on high stakes business disputes arising out of contracts involving information technology and telecommunications services. For example:
First Amendment Claims
The first case that Clark worked on after receiving his law license involved a public employee’s claim that she was the victim of retaliation for exercising her right to free speech. Since that time, he has had a particular affinity for cases asserting first amendment challenges. He has successfully represented public officials and governmental bodies in first amendment challenges arising in a variety of contexts. By way of example: