Gary V. Mauney
Partner
Location:
Charlotte, North Carolina
Phone:
(704) 347-8990 (Direct)
Fax:
(704) 347-8929
E-mail:
We are in the accountability business. In nearly every important aspect of our lives, we put our trust in the professionals we pay to help us prevent and resolve problems - whether that person is a banker, lawyer, investment adviser, accountant, or auditor. In this day, where the problems exemplified by the Enron and Arthur Andersen scandals seem widespread, it is more important than ever to have the type of advocate and law firm behind you that can stand up to a billion-dollar adversary. We have worked hard to earn that qualification.
Selected Client Recoveries:
- $12 Million Special Master Recovery (2008) - Arising out of action against "Big Four" accounting firm and West Coast hedge fund alleging fraudulent sale of "investment and tax strategy" product;
- North Carolina Lawyers Weekly Top Verdicts & Settlements (2008) - $6.75 million: Investment Fraud Recovery;
- North Carolina Lawyers Weekly Top Verdicts & Settlements (2007) - $4.75 million: ERISA class action arising out of Krispy Kreme Doughnut Corp. Retirement and stock ownership plan investment losses;
- North Carolina Lawyers Weekly Top Verdicts & Settlements (2006) - $3.5 million: Construction accident resulting in plaintiff's paralysis;
- North Carolina Lawyers Weekly Top Verdicts &Settlements (2003) - $1.36 Million: Wrongful Death - workplace accident/industrial dust explosion;
- North Carolina Lawyers Weekly Top Verdicts & Settlements (2003) - $3.75 Million: Represented NASDAQ company in auditor malpractice action.
Areas of Practice
- Complex Civil Litigation; Business Torts and Investment Fraud
- Professional Malpractice (Financial, Accounting, Auditing, Legal and Medical)
- Securities Litigation; Class and Shareholder Derivative Actions
- Unlawful or Abusive Tax Shelters
- Catastrophic Personal Injury and Wrongful Death
Litigation Percentage
- 100% of Practice Devoted to Litigation
Bar Admissions
- North Carolina, 1995
- U.S. District Court Western District of North Carolina
- U.S. District Court Middle District of North Carolina
- U.S. District Court Eastern District of North Carolina
- U.S. Court of Appeals 4th Circuit
- U.S. Supreme Court
Education
- American University, Washington College of Law, Washington, District of Columbia
- Doctor of Jurisprudence, J.D. - 1995
- North Carolina State University
- B.A., Economics; B.A., Business Management (Concentration in Finance) - 1988
Published Works
- FLIP, OPIS and BLIPS: Current Issues in Tax Shelter Litigation From the Taxpayer Plaintiff's Perspective, Journal of Taxation and Regulation of Financial Institutions, Vol 17, No.6, 2004
- FLIP, OPIS, BLIPS and COBRA: Litigating Tax Shelter Cases for Plaintiffs in the Age of Enron, ATLA Winter Convention, 2005
- Recent Issues in Discovery: The Hulse Decision and the Application of Attorney-Client Privilege to Interrrogatory Responses, The Litigator, March, 2004
- Howerton v. Arai Helmet Ltd.: The N.C. Courtof Appeals Confirms Adoption of the Daubert Methodology, The Litigator, October, 2003
- Mastering the Trial Notebook in North Carolina, North Carolina Business Institute, 2003
- Advanced Civil Discovery for Litigation In North Carolina, North Carolina Business Institute, 2000
- North Carolina's RICO Act: Leveraging Your Practice Through Business Torts, N.C. Academy of Trial Lawyers, 1998
Representative Cases
- Brady v. Blackwater Security, Xe Services, LLC: 2007 Nisur Square Shootings - Wrongful Death/Personal Injury, Case No. 5:09-CV-449 (Removed Case) (W.D.N.C. 2009)
- Larkey-Wrigley, LLC v. Commercial Defeasance, LLC: Putative Class Action Involving Commercial Mortgage-Backed Securities Loan Defeasance Class Action, Case No. 07-376 (W.D.N.C. 2007)
- Eberdt v. Quellos Group, LLC: Investment Fraud/Abusive Tax Shelter/Putative Class Action, Case No. 06-820 (M.D.N.C. 2006)
- Smith v. Krispy Kreme Doughnut Corporation: ERISA Class Action, Case No. 05-187 (M.D.N.C. 2005)
- Patton v. KPMG LLP, Quellos Group: Investment Fraud/Abusive Tax Shelter, Case No. 3:05-CV-88 (W.D.N.C. 2005)
- Stevens v. Mutual of Omaha Insurance Co.: Policyholder Class Action, Case no. 04-2615 (Exceptional 2.1 Case) (N.C. Superior Court 2004)
- Keeter v. KPMG LLP, et al.: Abusive Tax Shelter/Investment Advisor Fraud, Case No. 04-3759 (U.S.D.C., N.D. Ga. 2004)
- Hutchens v. McGee Corp.: Workplace Accident Resulting in Plaintiff's Paralysis, Case No. 04-1007 (N.C. Superior Court 2004)
- Blue Rhino v. PricewaterhouseCoopers LLP: Auditor Malpractice/Failed Secondary Stock Offering, Case No. 01-4733 (N.C. Superior Court 2001)
- Walls v. Int'l Paper Co.: Industrial Dust Explosion and Fire/Wrongful Death, Case No. 05-528 (M.D.N.C. 2000)
- Ryan v. University of North Carolina Hospital, 128 N.C. App. 300, 494 S.E.2d 789 (1998)
- Gaunt v. Pittaway (1st Amendment Case), 135 N.C. App. 442, 520 S.E.2d (1999)
- Bailey v. State, 353 N.C. 142, 540 S.E.2d 313 (2000)(Amicus)
- Wilkerson v. Norfolk Southern (Wrongful Death), 151 N.C. App. 332, 566 S.E.2d 104 (2002)
- Coffman v. Roberson (Professional Malpractice), 153 N.C. App. 618, 571 S.E.2d 255 (2002)
- Burgess v. Campell (Professional Malpractice), 182 N.C. App. 480, 642 S.E.2d 478 (2007)
Representative Clients
- Plaintiffs in Complex Civil Litigation
Honors and Awards
- Martindale-Hubbell: "AV" (highest) Peer Review Rating
- Paul J. Sedgewick Scholar, American University - Washington College of Law
- James G. Hanes Memorial Fund Fellow, North Carolina Institute of Political Leadership, 1990 - 1991
- Student Body President, North Carolina State University, 1986 - 1987
- President, University of North Carolina Association of Student Governments (UNCASG), 1986 - 1987
- Student Senate President, North Carolina State University, 1985 - 1986
- Trustee, N.C. State University Board of Trustees, 1986 - 1987
- Life Member, American Mensa, 1990 - Present
Professional Associations and Memberships
- North Carolina Academy of Trial Lawyers, Member, 1997 - Present
- American Trial Lawyers Association, Chair, Abusive Tax Shelter Litigation Group, 2004 - 2009
- American Association for Justice, Advocate, 1997 - Present
- North Carolina Bar Association, Member, 1997 - Present
- American Bar Association, Member, 1997 - Present
Past Employment Positions
- North Carolina Court of Appeals, Law Clerk to the Hon. Jack Cozort & Hon. Donald L. Smith, 1995 - 1996
- Maready Law Offices, Partner, 1999 - 2003
