Katherine A. McCurry
Senior Associate

1001 West Fourth Street, Winston-Salem, NC USA 27101

Overview

Kate McCurry focuses her practice in the areas of general business and corporate law, securities regulation, investment fund formation, investment management regulation, commercial transactions, and mergers and acquisitions.

Ms. McCurry regularly advises clients on structuring, forming, and offering private investment funds, including hedge funds, private equity funds, funds of funds, and real estate funds. She also regularly advises investment advisers with regard to various securities, compliance, and business matters, including drafting and reviewing investment advisory agreements and other material contracts, developing and implementing customized compliance policies and procedures, and registration on Form ADV.

Ms. McCurry also has experience in various corporate and commercial transactions, including mergers and acquisitions on both the buy-side and the sell-side.

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Experience

Represented large U.S. tobacco company in its largest single securities transaction, involving a registered public offering of three series of corporate bonds.

Represented Lowe’s, its subsidiaries, and one of its individual employees in a case alleging breach of contract, tortious interference with contract, and interference with prospective contract. The plaintiff, a vendor of Lowe’s, alleged that Lowe’s improperly and prematurely terminated its contract for services, which caused it to lose $3 million per year in revenue. Lowe’s successfully enforced the arbitration clause in the contract, and the court sent the case to arbitration. The Arbitrator granted the Defendants’ Motion to Dismiss all claims prior to a hearing on the merits.

Defended Broyhill Furniture Industries, Inc. (Broyhill) in breach of contract claim arising from allegations that Broyhill refused to pay the plaintiff for heat provided to a warehouse used by Broyhill. The case involved novel issues of contract interpretation and damages theories. The court granted our motion for summary judgment and denied the plaintiff's motion to amend its complaint to allege extra-contractual theories of recovery, which resulted in a dismissal of all claims against our client. The Court of Appeals, in a 2-1 decision, affirmed summary judgement for Broyhill. The plaintiff appealed to the North Carolina Supreme Court, which issued a unanimous opinion adopting the COA’s majority decision and affirming summary judgment for Broyhill. Micro Capital Investors, Inc. v. Broyhill Furniture Indus., Inc., 728 S.E. 2d 376 (N.C. Ct. App. 2012), aff'd., 736 S.E.2d 172 (N.C. 2013).

Represented Lowe’s Companies, Inc. in a suit brought by a former in-store service provider alleging multiple business tort claims, including fraud, negligent misrepresentation, unfair and deceptive trade practices, breach of contract, and copyright infringement arising out of Lowe’s relationship with the service provider and the termination of the provider’s contract. The Court denied plaintiffs’ attempt to take the depositions of multiple Lowe’s executives. After discovery closed, the firm was successful in persuading the Court to grant Lowe’s motion for summary judgment on 29 of the plaintiffs’ 30 claims. The remaining claim for an unpaid invoice was settled shortly before trial.

Performance Sales & Marketing, LLC, et al. v. Lowe’s Cos., Inc., C.A. No 5:07CV00140-RLV-DLH (W.D.N.C.).

Defended a major distributor of high-end home automation technology against manufacturer’s claims for misappropriation of trade secrets, breach of contract, and tortious interference with contract and prospective economic advantage. The firm successfully defended against the manufacturer’s “scorched-Earth” discovery tactics and the case soon settled for an infinitesimal amount as compared to the manufacturer’s initial damage claim.

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Services
Education

Wake Forest University School of Law, J.D. (2011) magna cum laude, Order of the Coif

University of Virginia, B.A., History with distinction

Admissions

North Carolina (2011)

Court Admissions

U.S. District Court - Middle District of North Carolina (2011)

Professional & Community Activities

21st Judicial District Bar Association, Member

Forsyth County Bar Association, Member

Bethesda Center for the Homeless, Board of Directors, Member

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