John M. Moye
Counsel

1100 Peachtree Street NE Suite 2800, Atlanta, GA USA 30309

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

Overview

John Moye focuses his practice in the areas of technology and software litigation, trade secrets and restrictive covenants, complex commercial litigation, and telecommunications law.

Mr. Moye has represented clients in a number of federal and state court proceedings throughout the United States, including representing a large telecommunications provider in a complex contractual dispute with a number of rural carriers over the provision of so-called “Long Term Evolution” (LTE) technology, representing an iron distributor in an unfair competition case against a number of former employees and a newly formed competitor, and representing an Atlanta-based financial consulting firm in a federal lawsuit involving alleged breaches of restrictive covenants by an employee. Mr. Moye has also represented a Voice Over Internet Protocol telecommunications service provider in various class action proceedings arising out of the Telephone Consumer Protection Act (“TCPA”).

Throughout his career, Mr. Moye has handled a range of complex commercial disputes—including representing an Atlanta-based industrial chemical company in a dispute against a former employee involving breaches of non-competition and non-solicitation of employee covenants, representing an industrial adhesive manufacturer in a dispute involving theft of trade secrets and breach of confidentiality agreement, and representing a Fortune 500 company in a multi-million dollar federal litigation involving a highly complex software implementation. Mr. Moye has also represented various companies in commercial arbitration proceedings, including representing a Georgia-based software company in a contractual dispute with a number of hospitals in Ohio and representing a large entertainment company in a patent licensing dispute before the International Center for Dispute Resolution (ICDR). In addition, Mr. Moye has litigated a range of appellate matters, including appeals to the Eleventh, Fourth, and Second Circuit Courts of Appeal and appeals to the Georgia Supreme Courtand the North Carolina Supreme Court.

Mr. Moye is active in the community, serving on the Board of Directors of the Center for Puppetry Arts, the Georgetown University Alumni Club of Atlanta, and Crossroads Community Ministries of Atlanta. He is a graduate of Leadership Buckhead’s Class of 2018.

In addition, Mr. Moye has participated in a range of pro bono matters throughout his career—including handling a range of dispossessory cases though the Atlanta Volunteer Lawyers Foundation, representing a number of detained immigrants from Central America in federal asylum proceedings, and representing an LGBT couple in a North Carolina lawsuit challenging the state’s policy regarding birth certificates for same-sex couples. In 2017, Mr. Moye was named “Pro Bono Counsel of the Year” by Kilpatrick Townsend for his work on various pro bono matters, and in 2018, he was named by the Georgia Immigration and Asylum Network (GAIN) as the organization’s “Pro Bono Counsel of the Year.”

For approximately seven years, Mr. Moye served as an Adjunct Professor of Law at the UNC School of Law, where he taught an upper level course entitled “Transition to Civil Litigation.” Mr. Moye has published a number of articles on trade secrets, the Computer Fraud and Abuse Act, non-disclosure and confidentiality agreements, employment best practices, and cybersecurity.

Before law school, Mr. Moye taught High School English at Xavier High School, the oldest Jesuit high school in New York City, and worked as a reporter for Forbes magazine, where he wrote about technology issues, start-ups, and entrepreneurs.

Mr. Moye was named as a 2013, 2014, 2015, and 2016 North Carolina “Rising Star” for Business Litigation by Super Lawyers magazine.

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Experience

Counsel to Atlanta-based distributor of industrial cleaning supplies in various litigation matters, including a lawsuit against a former employee centered on the alleged breach of non-competition and non-solicitation of employee agreement.

Counsel to North Carolina-based mortgage lending company in various disputes in Kentucky arising out of alleged theft of trade secrets and violation of non-competition provisions, including concurrent proceedings in federal court and before the AAA.

Counsel to Atlanta-based art dealer in contractual dispute in the Northern District of Georgia arising out of distribution of commissions from art transactions.

Counsel to large telecommunications provider in dispute brought by a hardware vendor alleging claims for business defamation, unfair trade practices, and other tort claims. Obtained summary judgment and a dismissal of all claims. Boykin Anchor Co., Inc. v. AT&T Corp., et al., No. 10-00591 (E.D.N.C. 2010); summary judgment Sept. 2013.

Represented large global adhesive manufacturer in the U.S. District Court for the Eastern District of North Carolina in a case involving a former employee’s misappropriation of trade secrets and intellectual property.

Represented Scenera Research LLC, a software company that conducts research and invents patentable technologies in the field of wireless technologies, in a lawsuit in the North Carolina Business Court. The case centered on a dispute with a former employee-inventor over the ownership of certain patents. In February 2012, following a three-week jury trial, the firm obtained a verdict granting Scenera ownership of all of the patents that had been developed by the former employee. That decision was affirmed by the North Carolina Supreme Court in 2017.

Represented large telecommunications provider in federal lawsuit brought by a number of rural telecommunications companies located in the Carolinas arising out of the provision of “Long Term Evolution” wireless technology. See FTC Comm’ns et al. v. AT&T Mobility LLC, No. 3:12-CV-620 (M.D.N.C. 2012).

Represented Atlanta-based company that provides SEC consulting services in lawsuit against former employees and officers; case involved theft of trade secrets, breach of restrictive covenants and unfair competition and involved concurrent litigations in the Northern District of Georgia, the District of New Jersey, and an arbitration before the AAA in New York.

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Education

University of North Carolina at Chapel Hill School of Law, J.D. (2006) with high honors, Order of the Coif

Georgetown University, B.A. (1998) summa cum laude, Phi Beta Kappa

Admissions

Georgia (2015)

North Carolina (2006)

Court Admissions

U.S. District Court for the Northern District of Georgia (2015)

U.S. District Court for the Eastern District of North Carolina (2007)

U.S. District Court for the Middle District of North Carolina (2007)

U.S. District Court for the Western District of North Carolina (2007)

U.S. Court of Appeals for the Fourth Circuit (2008)

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Clerkships

U.S. Court of Appeals for the Eleventh Circuit - Honorable Stanley F. Birch, Jr. (Jan 2006-Jan 2007)

Professional & Community Activities

Leadership Buckhead Class of 2018, Graduate

Crossroads Community Ministries of Atlanta, Board of Directors, Member

Atlanta Center for Puppetry Arts, Board of Directors, Member

Georgetown University Alumni Association, Club of Metropolitan Atlanta, Board of Directors, Member and Vice President

Leadership North Carolina Class XXII (2014-2015), Graduate

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