Jay’s career is defined by helping clients navigate through heavy weather. His experience and judgment in the most demanding of business crises provides assurance in board rooms when upheaval and uncertainty are the norm. Jay works closely with clients’ executive teams and their boards to find and create options when none are readily apparent.
For over twenty-five years Jay has served as lead litigation counsel in a wide range of technology, licensing, trade secret and other business cases in federal and state courts across the country. He’s led internal investigations for US and international companies in numerous complex technology and financial matters.
Jay serves as the co-leader of the Firm’s Technology Sector.
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Multiple internal investigations, both cross border and within the U.S., relating to possible financial and reputationally damaging corporate misconduct.
- Lead counsel for multinational companies involving the unwinding of or “divorces” between joint venture partners, co-marketing or product development initiatives and similar business configurations.
- Lead counsel in investigating and negotiating disputes relating to epidemic product or supply chain failures in the technology sector.
- Numerous cases on behalf of both software developers and software licensees prosecuting and defending against licensing, fraud, breach of contract, copyright and trade secrets claims.
- Internal investigations of IP theft and infringement issues.
- Internal and regulatory investigations representing limited partners of private equity partnerships and similar investment entities.
- Defense of an independent research company regarding purported rescission of title to patent portfolio and inventorship issues.
- Defense of a large financial institution accused of fraud and misappropriation of trade secrets in connection with its procurement and bidding practices.
- Lead trial counsel for major international broadcasting company in defeating preliminary injunction claims alleging trademark infringement and seeking to forestall client’s launch of its Web-based business.
- Lead counsel for an aerospace and automotive products manufacturer in licensing dispute and trade secrets dispute involving breach of contract and fraud claims stemming from a joint development agreement.
- Lead counsel for a semiconductor manufacturer against a large research university in a breach of technology licensing agreement.
- Lead counsel for a large office supplies distributor in successfully defending the award of a single-vendor, eight-figure contract from the State of North Carolina.
- Successfully represented insurance plan holders and fiduciaries of the largest private guaranteed investment contract portfolio in North Carolina against claims of fraud and fiduciary breach. The clients also recovered significant damages from an insurance pool funded by North Carolina’s licensed insurance companies.
- Defended various financial and real estate companies in a variety of consumer class actions or regulatory proceedings.
Professional & Civic Engagement
- North Carolina Bar Association
- Wake County Bar Association Professionalism Committee
- Hope Elementary School, Board of Directors
- Self Help Credit Union, Board of Directors (1992-2009)
- Wake Education Partnership, Chair, Board of Directors (2008-2009)
- Quoted, Report Says Schools Must Pay More Attention Inside Classrooms, Triangle Business Journal
- Fighting Fire with Fire: IP Commission Says American Business Needs Better Weapons to Fight IP Thieves.
- A Short Primer on Amending Patent Contentions in the EDNC, The Compass
- Never Bring a Knife to a Gun Fight: One Simple Weapon to Fight Economic Espionage in a Cyberspace World.
- Co-author, Time to Accept That Information Drives Economy, Triangle Business Journal
- Chapters on Indemnification of Board Members, Legal Duties of Board Members, Directors and Officers’ Liability Insurance and Personal Liability of Board Members, Building a Strong Board of Directors/Advisors & Board Best Practices Primer
- Winning in Litigation – Before the Suit is Filed, Research Triangle Area Chapter of the Association of Corporate Counsel CLE Event
- A Crisis Handbook for In-House Counsel, Lex Mundi Counsel Global Symposium
- New Rules of the Road: Recent Changes to the Federal Civil Rules.
- Mitigating Risks of Cloud Computing, Research Triangle Area Chapter of the Association of Corporate Counsel CLE Event, September 19, 2012
Honors & Awards
- Recognized in Business North Carolina magazine's Legal Elite, Litigation, 2023
- Chambers USA 2016 Ranked Lawyer, Litigation – General Commercial, North Carolina
- Recognized in The Best Lawyers in America (BL Rankings) in the fields of Commercial Litigation, Litigation – Intellectual Property, Litigation – Securities, Trade Secrets Law, 2007 – Present
- Recognized in North Carolina Super Lawyers (Thompson Reuters) (2006-2019, 2023)