Jonathan Edward Buchan

State of North Carolina v. Jonathan Fitzgerald, 39 Med.L.Rep. (BNA) 2251 (2011). Obtained order quashing subpoena to documentary producer for ITV Studios, Inc. which was subpoenaed by a criminal defendant to produce all raw video footage and reporters’ notes in a capital murder case. The court refused to allow the defendant to use a criminal discovery statute to obtain the same information.

United States v. Demario James Atwater, (M.D.N.C. 2010). Opposed subpoena duces tecum to network-owned television station from capital murder defendant for copies of all aired broadcasts and all articles and comments posted on station website; court quashed subpoena as overbroad and burdensome.

State of North Carolina v. Demeatrius Montgomery, (N.C. Superior Ct. 2010). Trial court, over objections of prosecutor and murder defendant, granted The Charlotte Observer’s motion for contemporaneous access to transcripts of audio and video recordings of 911 tapes and police communications played to jury during trial of defendant charged with murder of two Charlotte police officers

Obtained dismissal of series of federal and state court complaints alleging fraud and unfair and deceptive trade practices claims against national bank brought by borrowers who purchased undeveloped resort properties. (2010)

Obtained dismissal of defamation and related claims against law firm arising from email communications about plaintiffs. (2010)

Obtained dismissal of Internet defamation and related claims against publisher of international scientific journal. (2009)

Obtained summary judgment for television station in libel suit brought by Daniel Green who was convicted of murdering the father of basketball star Michael Jordan. (2009)

Obtained dismissal of third-party claims against television network in libel action arising from broadcast. (2008)

Secured directed verdict for bank in case asserting bank had improperly accepted significant checks for deposit into wrong account. (2007)

Defense of individual officers and directors of publicly traded company in derivative actions brought in state and federal court alleging company and employees had improperly “backdated” stock option grants. (2006)

Defense of a newly hired chief executive for international agricultural chemical company against breach of contract and trade secret misappropriation claims brought by his former employer who unsuccessfully sought preliminary and permanent injunction against his working for the new employer. (2006)

Representation of a national software company in litigation brought by a prospective business partner involving claims of trademark and copyright infringement, and trade secret misappropriation related to software for performance measurement in the health care industry. (2005)