Lawyer Bio : Mark P. Henriques
Mark P. Henriques
Charlotte
Mark has successfully litigated cases involving fraud, unfair trade practices, class actions, non-compete and non-disclosure agreements, and breach of contract. He has experience in state and federal court in both North and South Carolina. Mark has prevailed in numerous trials, arbitrations and mediations. Mark has served as first chair in more than eight jury trials, five of which lasted a week or more. He has successfully argued cases before the Fourth Circuit Court of Appeals and the North Carolina Court of Appeals.
Mark's strength lies in his ability to quickly focus on key issues and then develop a comprehensive strategy to win the case through discovery, mediation/negotiation, motions practice and trial. A member of the firm’s e-discovery team, Henriques understands how to locate and use electronic documents to win cases. His organized presentation skills allow him to explain even the most complex or technical factual patterns to a mediator, arbitrator, judge or jury. Mark's clients include leaders in banking, consumer finance, retail, pharmaceuticals, health care, information technology, construction and real estate. (Click to view a presentation on the new rules in electronic document handling. See WombleTech Video Library)
In addition to the commercial, construction and corporate business disputes which make up the bulk of Mark’s litigation practice, Mark also has experience in education law (he regularly represents the Cabarrus County Board of Education).
Representative Experience
- Defend Class Action against major financial institution and move to compel arbitration.
- Obtain TRO, Preliminary Injunction and jury verdict against employees who joined competitor in violation of non-compete agreements.
- Successfully defend publicly held technology company in 3 separate jury trials against claims that early “investors” were entitled to an ownership interest in the company.
- Represent publicly-held soft drink company in an eight-figure dispute with a canning cooperative concerning shareholder rights.
- Represent software consulting firm in multi-million dollar arbitration, result in successful mediation.
- Win arbitration award against grading contractor.
- Represent log home construction company in contract disputes.
- Obtain injunction prohibiting the "cloning" of cellular phones.
- Represent owners in seven figure dispute with general contractors and sureties.
- Represent dental clinic in defamation claims against television station.
- Try sexual harassment case to defense verdict for a nationwide office supply company.
- Train over 2000 school employees on education law, student discipline, due process and sexual harassment.
Professional Activities
Bar Associations: North Carolina Bar Association, Litigation Section, Education Law Section.
Member, North Carolina Council of School Attorneys.
Legal Services of Southern Piedmont, Board Member (2007 – present); Legal Services for the Elderly, President and Chairman of the Board (2003 - 2007); United Way, Older Adult Wellness and Disabilities Council, Chair (2004 - 2007); Charlotte Museum of History, Trustee (2004 - present); Mecklenburg County Precinct 212, Chief Judge (2001 – present); Countryside Montessori School, Trustee (2006 – Present); North Carolina Bar Association, Education Law Council (July 2005 – June 2008).
Admitted to bar, 1992, North Carolina. Admitted to practice before all United States District Courts in North Carolina and the Fourth Circuit Court of Appeals.
Education
Prior Legal Experience
Publications
Co-author, "When Projects Fail: A Milestone Model for Allocating Development Costs," North Carolina Bar Association E-Newsletter, The Litigator: The Official Publication of the Litigation Section, Volume 27, Number 1, October 2006.
Fourth Circuit Review Advisory Board, Commercial Law.
"Desuetude and Declaratory Judgment: A New Attack on Obsolete Laws," Virginia Law Review, August, 1990.
Additional Information
Selected Cases
TWAM LLC v. Cabarrus County Board of Education, 634 S.E.2d 641 (2006) (Unpublished).
A.H. Beck Foundation Co., Inc. v. Jones Bros. Inc., 603 S.E.2d 819 (2004).
Redlee/SCS, Inc. v. Pieper, 153 N.C. App. 421, 571 S.E.2d 8 (2002).
Hartsell v. Duplex Products, 123 F.2d 766 (4th Cir. 1997).
Dabbs v. Amos, 70 F.3d 1261 (4th Cir. 1995) (Unpublished).
Glen III v. Charlotte-Mecklenburg Board of Education, 903 F.Supp. 918 (W.D.N.C. 1995).
Areas of Proficiency
- Business Litigation
- Arbitration
- Mediation
- Construction Litigation
- Education Law
Articles
Publications
Lawyer Articles
Client Alerts
Case Studies
- Case Study: Equipment Manufacturer Wins International Breach of Contract Lawsuit
- Case Study: Arbitration Clause Thwarts Class Action Suit in Banking Dispute
- Case Study: Carolina First Bank Successful in Lending Appeal
- Case Study: Timber Company Successfully Enforces Trade Secret, Contractual Protections
- Case Study: Arbitration Nets Victory for Pharmaceutical Manufacturer
