Bill Mayberry

Partner

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Practices
Industries
Education
  • Washington and Lee University School of Law, JD, cum laude, 1991
  • Duke University, AB, Economics, 1988
Admissions
  • North Carolina
  • Virginia
Affiliations

Member, North Carolina Bar Association

Coach, YMCA Youth Basketball (1991-present)

Coach, YMCA Youth Flag Football (2013-present)

Ambassador, Alexis de Tocqueville Cabinet, United Way of the Central Carolinas, Inc. (2016-present)

Member, Law Council, Washington and Lee University School of Law (2015-present)

Bill is the Chair and founder of the firm’s CFPB and Bank Regulatory Practice and primarily handles commercial litigation and bank regulatory work.  His work in commercial litigation includes antitrust cases, shareholder's disputes, franchise disputes, software development disputes and financial services litigation.  He has substantial experience in crisis-related mortgage litigation including large cases and mass cases involving title insurance, repurchase demands and related issues.  He has appeared in federal, state trial and appellate courts in jurisdictions across the country. He has also represented clients in significant arbitration proceedings.  He routinely handles cases involving insurance coverage, business torts and unfair business practices, software and technology disputes, supply chain disputes, mergers and acquisitions related disputes, construction litigation. In addition, he has represented creditors in collection actions, workouts and bankruptcies.  His regulatory work includes counseling and compliance work for banks and financial institutions and food and beverage companies.  He has experience in a wide variety of industries beyond financial services, including food and beverage, manufacturing, transportation, construction, healthcare, chemicals, automotive, technology, software and information services, and retail. 

Bill has a comprehensive understanding of the mortgage business stemming from his litigation engagements, compliance and regulatory work, and industry involvement.  He represents a wide array of national banks and regional banks, as well as independent mortgage originators and mortgage servicers in a broad spectrum of mortgage related litigation, including enforcement actions.  He also regularly counsels clients on regulatory and compliance issues in the field.  Bill has particular expertise through years of experience in identifying, marshalling, analyzing and presenting data – both from financial services clients and third parties – to effectively support our clients’ positions and ensure compliance with the law.  Finally, Bill is very active in the Mortgage Banking Association.  He is a graduate of the MBA’s comprehensive three-week School of Mortgage Banking training and has earned the MBA’s Accredited Mortgage Professional Specialist Designation. 

In the antitrust area, Bill advises clients on compliance with the Robinson-Patman Act, Sherman Act, Clayton Act and state unfair trade practice laws. He advises clients on sales, marketing, and distribution programs that raise antitrust issues.  He also has experience litigating major antitrust matters, including large class action cases concerning both horizontal and vertical claims.

Bill is actively involved in firm management.  In particular, he has had leadership roles in the firm's recruiting efforts for the last 13 years and currently serves as co-chair of the Charlotte office Recruiting Committee.  He also serves on the Pension Committee and has served on the firm’s National Recruiting Committee. 

Bill Mayberry
vCard
T: +1 704 343 2024F: +1 704 444 8751201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Financial Services Litigation and Compliance

Defend an independent mortgage originator and servicer in an enforcement action related to joint marketing service agreements and alleged deceptive practices, RESPA, FCRA and TILA violations.

Represent a national bank and a regional bank in litigation against insurance carriers and service providers in series of actions covering approximately 10,000 claims which concerned wide-ranging issues of loan origination and fulfillment and related insurance coverage, resulting in recovery of over $170 million.

Defend a national bank against state attorney general enforcement action regarding mortgage loss mitigation practices.

Counsel regional bank on compliance with CFPB guidance related to collection of time-barred debt across fifty states, involving consideration of numerous legal issues across multiple lines of business, including mortgage, home equity, credit card, auto lending, deposit, and other consumer lending.

Represent a national bank in alleged $90 million securities fraud case arising from collapse of Parmalat, an Italian food and dairy conglomerate.

Represent a national bank in consumer class action lawsuit involving credit insurance ancillary product for credit card accounts.

Represent private equity fund in compliance due diligence regarding acquisition of mortgage originator.

Represent lender in compliance due diligence regarding loan to healthcare consumer finance firm.

Antitrust Litigation and Compliance

Compton, et al. v. Compass Group USA, Inc., et al., 81 So. 3d 326 (Ala. 2011). Prevailed on motion to dismiss in representation of one of the world's largest food service companies in a putative class action on behalf of existing and former students at Auburn University; ruling affirmed on appeal by the Alabama Supreme Court.

Valuepest.com of Charlotte, Inc. v. Bayer Corp., 356 Fed. App. 658 (4th Cir. N.C. 2009). Represented major international chemical company in obtaining a favorable summary judgment decision on a Sherman Act Section 1 resale price maintenance claim arising from agency distribution of a termiticide product.

Nicholson v. F. Hoffmann-LaRoche, 576 S.E.2d 363 (N.C. App., 2003). Representation of one of the world's largest vitamin manufacturers in an indirect purchaser class action, opt-out litigation, and related appeals arising from horizontal price-fixing claims.

Advice to a publicly traded company in dispute with joint venture partner raising issues under the interlocking director section of the Clayton Act.

Provide advice to clients on antitrust compliance issues related to product distribution and marketing programs, pricing decisions, joint ventures, mergers and acquisitions, and group purchasing arrangements.

Provide antitrust compliance training to sales and management teams.

Class Action Litigation

Representation of clients in financial services and antitrust class action litigation (see above). 

Software & Technology Disputes

Representation of a major financial institution in software development dispute for enterprise check data processing application.

Representation of a developer in a $33 million software development dispute tried before an arbitration panel for more than 20 hearing days.

Representation of a provider of Microsoft ERP systems in an implementation dispute.

Representation of a retailer in lawsuit regarding the customization, configuration and deployment of gateway software for a POS system. 

Special Counsel (Bank of America, N.A.) 
(Charlotte, NC – November 2009-May 2010)

Managed, as part of a three-person in-house team, securities lawsuits related to the proxy statements in the Bank of America-Merrill Lynch merger, including Securities and Exchange Commission v. Bank of America Corporation, 09-CV-6829 (S.D.N.Y. 2009).

Managed three outside firms across S.E.C. enforcement action and private-party civil litigation. 

Led mock jury exercises.

Developed trial strategy and tactics.

Clerkships

U.S. Bankruptcy Court, Western District of North Carolina, Charlotte, NC (September 1993-September 1994)

Law Clerk to the Honorable Marvin R. Wooten

Law Clerk to the Honorable Craig Whitley

U.S. District Court, Western District of North Carolina, Charlotte, NC (September 1991 – August 1993)

Law Clerk to the Honorable Robert D. Potter

Named to "Legal Elite," Antitrust, Business North Carolina, 2010, 2011, 2013

AV Rated, Martindale-Hubbell

Author, "Electronic Data Discovery: 'EED' Imposes Challenges," NC Lawyers Weekly, September 10, 2007
Co-author, "Ruling Rewrites Century of Pricing Law," Charlotte Business Journal, August 31, 2007
Co-author, "A Plan for E-Discovery Should Be In Place Now," Business North Carolina, June 1, 2007
CFPB Issues Game-Changing Rule On Arbitration Clauses, Subject to Inquiry, July 11, 2017
D.C. Circuit Grants Rehearing in PHH Case, Subject to Inquiry, February 21, 2017
Trump Signals Beginning of Efforts to Curtail Dodd-Frank , Subject to Inquiry, February 7, 2017
D.C. Circuit Rebukes CFPB in PHH Case, Subject to Inquiry, October 11, 2016
CFPB Issues Final Mortgage Servicing Rules, Subject to Inquiry, August 5, 2016
Oral Arguments in PHH Case Signal Trouble for CFPB, Subject to Inquiry, April 14, 2016
New York, Zombie Debt and the CFPB, Subject to Inquiry, December 22, 2014
Protected? Privileged Materials and the CFPB, Subject to Inquiry, November 25, 2013