Henry L. Kitchin Jr.

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Practices
Industries
Education
  • Wake Forest University School of Law, JD, Notes & Comments Editor, Wake Forest Law Review, 1996
  • The University of North Carolina at Chapel Hill, BA, John M. Morehead Scholar, 1993
Admissions
  • North Carolina
Affiliations

American Bar Association and North Carolina Bar Association, Member

Antitrust & Complex Business Disputes Section, North Carolina Bar Association, Chairman, 2004-2005

Young Lawyers Division, New Hanover County Bar Association, Past President

Civil Subcommittee of Local Rules Committee for U.S. District Court for the Eastern District of North Carolina, Member, 2013-2015

North Carolina State Bar’s Local Bar Candidates Interview Committee for Judicial District 5, Member, 2009-Present, Chairman, 2014-Present

Greater Wilmington Chamber of Commerce, Board Member, 2009-Present, Chairman, 2013

Cape Fear Future Foundation, Chairman, 2012 - Present

Greater Wilmington Chamber Foundation, Chairman, 2016-Present

Business Alliance for a Sound Economy (NC BASE), Board of Directors, 2016

City of Wilmington Vision 2020 Implementation Committee, Member, 2012-2014

Coastal Horizons Center, Inc., Board of Trustees, 2007-2013

Advisory Board for Lower Cape Fear Family Promise/Interfaith Hospitality Network, Member, 2016-Present

Lower Cape Fear Hospice Foundation, Inc., Member, Board of Trustees, 2009 - 2012

Wilmington Business Development, Inc., Board of Directors, 2013

University of North Carolina Wilmington, Member, Board of Trustees, 2013-Present, Board Secretary, 2016-2017

First Presbyterian Church, Wilmington, North Carolina, Deacon, 2016-Present

Hal Kitchin concentrates his practice on business, commercial and real estate litigation and regulatory matters. In both the federal and state court systems, he represents both 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 lender liability suits. He has experience in complex commercial, product liability, construction and real estate litigation, as well as zoning, permitting, and land use matters and regulatory administrative law.

He has represented landowners and developers in disputes over land ownership, breaches of sales contracts, development rights and architectural control. He has prosecuted and defended against foreclosures of commercial properties, and has litigated lien claims and other construction disputes. He has advised and assisted property owners and businesses in complex zoning, permitting, and other land use matters.

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.

In addition to his law practice, Hal is active in bar and community affairs. In 2013, he served as Chairman of the Wilmington Chamber of Commerce. He currently serves as Chairman of both the Cape Fear Future Foundation and the Greater Wilmington Chamber Foundation, and as a member of the Board of Trustees of the University of North Carolina Wilmington, for which he is serving as Board Secretary in 2016-2017.

Hal attended the University of North Carolina at Chapel Hill as a John M. Morehead Scholar. While attending Wake Forest School of Law, Hal served on the Wake Forest Law Review as a Notes & Comments Editor, and also served as a member of the Moot Court board.

In the News

Henry L Kitchin Jr.
vCard
T: +1 910 254 3822F: +1 910 254 3823300 North Third Street
Suite 320
Wilmington, NC 28401-4099

Represented remote manufacturer of door system in defense of express and implied warranty claims by condominium owners’ association regarding suitability of such door system for particular beachfront environment

Represented client in payment dispute with subcontractor involving complex environmental remediation project on military base

Represented airline in purported class action brought on behalf of class of curbside baggage handlers for wage-and-hour and similar claims based on allegation that airline was “joint employer” of handers

Represented large retail chain and operator of multi-event professional fishing tournament in defense of claims by professional fisherman that his team was damaged by tournament operator’s failure to apply tournament rules to disqualify fisherman’s competitor

Represented unsecured claimants in a 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; 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 dealer of advanced radiography equipment in defense of claims by customer alleging that goods were defective; negotiated favorable settlement after proving that responsibility for defects in goods belonged with manufacturer and compelling manufacturer to cover losses suffered by customer

Represented of a purchaser of large golf and retirement community in disputes with minority shareholders, and defense against claims of an 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 major North Carolina county against claims asserted by plaintiffs alleging that the county’s courthouse was contaminated with toxic mold.

Prosecuted claims of commodities futures investor against brokerage firm before Commodities Futures Trading Commission, obtaining a positive outcome for client

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 cases.

Selected for inclusion in The Best Lawyers in America, Commercial Litigation, Woodward/White, Inc., 2009-2017

Named to "Legal Elite," Antitrust Law. Business North Carolina, 2008-2016

Named to "North Carolina Super Lawyers," 2012-2017; "North Carolina Rising Stars," 2009-2011, Business Litigation, Bankruptcy & Creditor/Debtor Rights, Super Lawyers, Thomson Reuters