Lawyer Bio : Kurt E. Lindquist II

Since 1983, Kurt Lindquist has counseled with and litigated for large and mid-sized businesses in North Carolina, the Southeast and across the United States. His more than 25 years of courtroom experience have benefited clients in judicial, quasi-judicial and administrative settings in numerous venues on both Federal and State levels.

Kurt has successfully prosecuted and defended businesses and their interests with regard to all aspects of commercial contracts, unfair and deceptive trade practices, misappropriation (or retention) of trade secrets, non-competition covenants and interference with business relations. He has significant experience in securing and defending against Temporary Restraining Orders, Preliminary Injunctions and Permanent Injunctions in order to protect business strategies, assets (hard and soft) and capital of commercial clients whether based in the United States or abroad.

His broad-based litigation practice includes complex business litigation, commercial disputes (including output and supply contracts), regulatory disputes (before a variety of state agencies), licensing agreement disputes, franchise disputes, environmental litigation, toxic torts, products liability, healthcare and tax matters. Kurt has defended class action lawsuits and issues arising out of class certification as well as catastrophic accidents involving severe personal injury and death.

In addition to his experience as a litigator, Kurt has served as an Arbitrator for the Commercial Division of the American Arbitration Association for more than 15 years. He is a Certified Mediator by the State of North Carolina (Superior Court Division) and Mediator (Federal Court), Western District. Kurt has been named to 2011 North Carolina Super Lawyers (Business Litigation).

Representative cases:

• Represented the largest foreign hosiery manufacturer in Europe in a breach of contract action and successfully upheld the acquisition and purchase of third largest textile manufacturer in the United States.
• Represented manufacturer and co-developer of certain nanotechnology and enforced development agreement with inventor of nanotechnology products.
• Represented one of the world’s largest glove manufacturers in breach of contract action over terms of Licensing Agreement.
• Obtained judgment against indemnitors in Florida under distribution agreement for major US manufacturer of automotive and industrial products.
• Represented American tire manufacturer under Foreign Judgments Act against claims by foreign distributor of product.
• Defended national grocery chain in a number of commercial leases and "continuous operations" clauses as well as disputes with Landlords and contract disputes with suppliers and food vendors.
• Represented national petroleum products manufacturer in a class action alleging contamination to air, soil and ground water. Successfully fought creation of putative class in attempted class action.
• Represented computer software company on claims of breach of employment agreements, breach of non-competition agreements, and misappropriation of trade secrets.
• Represented worldwide chemical manufacturer in contract disputes and products liability cases in North Carolina, Virginia and South Carolina.
• Represented national home builder and finance subsidiary against claims of fraud, unfair and deceptive practices and other claims surrounding purchase, sale and financing of real estate.
• Represented and won an arbitration award in favor of national investment banking firm over contract dispute arising in California.
• Obtained verdict under supply agreement in U.S. District Court over defective product sold throughout the Southeast.
• Defended products liability claims for national pharmaceutical manufacturer.
• Successfully reversed trial court decision in North Carolina Court of Appeals regarding North Carolina’s Farm Use Exception as it applied to biodiesel refining.
• Successfully upheld denial of preliminary injunction in the U.S. Court of Appeals for the Fourth Circuit regarding allegations of misappropriation of trade secrets and breach of non-competition and confidentiality agreements.