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Henry L. Kitchin Jr.
Partner 
300 North Third Street, Suite 400
hkitchin@mcguirewoods.comP.O. Box 599 (28402) Wilmington, North Carolina 28401 F: 910.254.3900    |
Mr. Kitchin concentrates his practice on business litigation and creditor's rights matters. He represents plaintiffs and defendants in antitrust, business tort, and breach of contract cases. He represents creditors in creditor's rights and bankruptcy cases, and defends lenders in predatory lending and lender liability suits. He has experience in complex commercial, product liability and construction litigation.
On behalf of Fortune 100 manufacturing firms, he has defended against antitrust and unfair trade practice claims in several suits brought by competitors, as well as by classes of consumers. In those cases, he and his colleagues have obtained early dismissals or summary judgment in favor of their clients.
He has handled complex intracompany business disputes among directors, shareholders, partners and officers, including defense of derivative claims brought by shareholders against officers and directors. He has also represented companies in suits against former employees for theft of trade secrets, unfair competition, breaches of fiduciary duties, and outright fraud and embezzlement.
He has represented land owners and developers in disputes over land ownership, breaches of sales contracts, and development rights. He has prosecuted and defended against foreclosures of commercial properties, and has litigated lien claims and other construction disputes. He also represents institutional and private lenders in debt restructuring, commercial workouts and lliquidations.
- Represented unsecured claimants in Chapter 11 bankruptcy proceeding of high-income individual, in which very favorable plan treatment was obtained for clients and other members of unsecured class.
- Part of a team of attorneys who obtained a dismissal of a price-fixing class action lawsuit filed against several international chemical producers; the court's dismissal was the first reported North Carolina decision in which so-called "indirect purchasers" were denied antitrust standing-to-sue under North Carolina antitrust law.
- Represented purchaser of large golf and retirement community in disputes with minority shareholders, and defended against claims of alleged secured lender with respect to purported lien on numerous undeveloped lots.
- Part of a team of attorneys who obtained summary judgment for a Fortune 100 manufacturer of consumer goods in a multibillion-dollar antitrust suit brought by the client's major competitors.
- Represented national lending institutions in several restructurings and several liquidations of multimillion-dollar troubled loans, including real estate-based loans.
- Defended a major North Carolina county against claims asserted by plaintiffs alleging that the county's courthouse was contaminated with toxic mold. Represented two commercial construction firms in defense of class action lawsuits involving claims of toxic mold exposure in several public schools; after the plaintiffs' effort to have the cases certified as class actions was defeated, the plaintiffs dropped their cases.
- Represented two commercial construction firms in defense of class action lawsuits involving claims of toxic mold exposure in several public schools; after the plaintiffs' effort to have the cases certified as class actions was defeated, the plaintiffs dropped their cases.
- Commercial Litigation
- Financial Services Litigation
- Antitrust & Trade Regulation
- Restructuring & Insolvency
- Capital Markets
- Named One of the "Best Lawyers in America," Commercial Litigation, Woodward/White, Inc., 2009-2012
- Named One of North Carolina's "Legal Elite," Business North Carolina, 2008-2012
- Named a North Carolina "Super Lawyer," 2012; Super Lawyers "Rising Star," 2009-2011
- Member, Helms Mulliss & Wicker, PLLC, Wilmington, North Carolina
- "An Update on Indirect Purchaser Litigation Under North Carolina Law," Antitrust News, March 2006
- "The Class Action Fairness Act of 2005: An Overview," Antitrust News, June 21, 2005
- American Bar Association
- Past Chairman, Antitrust & Trade Regulation Section, North Carolina Bar Association
- Past President, Young Lawyers Division, New Hanover County Bar Association
- Greater Wilmington Chamber of Commerce
- Vice Chairman, Government Affairs
- Board of Directors
- Board of Trustees, Coastal Horizons Center, Inc.
- Board of Trustees, Lower Cape Fear Hospice Foundation
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EDUCATION Wake Forest University School of Law, Winston-Salem, North Carolina, J.D., 1996
University of North Carolina at Chapel Hill, Chapel Hill, North Carolina, B.A., 1993
ADMITTED North Carolina 1996 PLACE OF BIRTH Charlotte, North Carolina |