Alan D. McInnes
Counsel

4208 Six Forks Road Suite 1400, Raleigh, NC USA 27609

Overview

Alan McInnes focuses his practice in the areas of commercial litigation, financial services litigation, real estate and construction law. Mr. McInnes' experience in civil litigation matters includes representation involving financial services litigation, commercial litigation and commercial real estate. He has represented creditors and financial services companies in a number of contexts including defense of class action lawsuits, pursuit of receiverships and bankruptcy proceedings.

Mr. McInnes' prior experience includes commercial litigation, construction litigation, insurance defense and creditor's rights work in Wilmington and Asheville, North Carolina. During law school, Mr. McInnes was Managing Editor of the North Carolina Law Review and a member of the Holderness Moot Court.

Mr. McInnes was recognized in The Best Lawyers in America® for Commercial Litigation in 2016, 2017, and 2018. He has been listed as a 2012 "Legal Elite" in the area of Litigation by Business North Carolina magazine and also named a 2012, 2013, 2016, 2017, and 2018 North Carolina "Super Lawyer" in the area of Business Litigation by North Carolina Super Lawyers magazine. Mr. McInnes was recognized a "Litigation Star" among North Carolina litigation attorneys in the 2012 and 2014 editions of Benchmark Litigation.

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Experience

The firm served as lead counsel representing a debtor in a preference program including initiation of approximately 100 actions against preference defendants.

The firm served as lead counsel for one of the largest U.S. forest products manufacturers in litigation to recover embezzled funds. We obtained attachment, garnishment and orders.

Represented CWCapital Asset Management LLC, a commercial real estate finance and investment management company, requiring principals of the defaulting borrower who transferred assets of the borrower to insiders prior to and after an order appointing a receiver was entered. We obtained an order finding the principals in contempt of court for violating the order and requiring the principals to purge the contempt by paying the funds.

Represented communications provider in contract dispute with competitor.

Represented client with respect to asbestosis claims filed by 50 former workers and spouses relating to asbestos abatement work performed at Weyerhaeuser plant.

Represented a special services and commercial financial lender, in connection with multimillion dollar loans secured by two office buildings. After the two loans went into default we were retained to have a receiver appointed. After the receiver was appointed the borrowers filed petitions for bankruptcy. Our firm successfully rebuffed attempts by the borrower to lease remaining office space to an affiliated company and obtained relief from the bankruptcy stay to return control of the properties back to the receiver.

The firm served as lead counsel for a large office supplies distributor defending the award of a single-vendor contract from the State of North Carolina. The award was significant in that it used a two-phase bid process designed by the state in conjunction with a consulting firm. The first phase was designed to address the capabilities of the vendors to provide the services. The second phase captured the price component through an online reverse auction process on a set group of items. A participant that did not receive the contract award initiated an administrative appeal through the Office of Administrative Hearings. They initially sought to enjoin the state from issuing the contract. Our firm was contacted by our client just prior to the hearing on the motion for preliminary injunction. We moved to intervene and were allowed to participate in the hearing with respect to the injunction. At the hearing, the preliminary injunction motion was denied and the parties engaged in discovery prior to an administrative hearing. The proceeding was dismissed after the agency determined that it would conduct another bid process and our client decided to participate in that bid process. Our client ultimately won the eight-figure contract.

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Education

University of North Carolina at Chapel Hill, J.D. (1994) with honors

Duke University, B.A. cum laude

Admissions

North Carolina (1994)

Professional & Community Activities

Raleigh Chamber of Commerce, Member

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