Brian P. Troutman

Associate

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Practices
Industries
Education
  • The University of North Carolina School of Law, JD, with High Honors, Order of the Coif, Articles Editor, North Carolina Law Review, 2009
  • The University of North Carolina at Chapel Hill, BA, with Highest Distinction, Phi Beta Kappa, 2006
Admissions
  • North Carolina
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Western District of North Carolina
Affiliations

Member, North Carolina Bar Association

Member, Mecklenburg County Bar Association

Brian is a litigator who practices in commercial litigation, representing business clients in civil matters in state and federal courts. His clients come from a broad range of industries, including financial institutions, franchisors, construction material suppliers, manufacturers, telecommunications companies and media outlets. He has served as counsel for both plaintiffs and defendants in lawsuits involving banking and lending disputes, insurance coverage disputes, business torts, general commercial contract cases and real estate disputes, including lienholder and landlord/tenant disputes. Brian’s representation of lenders includes defense of class action claims for alleged violations of the Fair Debt Collection Practices Act, the Homeowners Protection Act of 1998, and numerous state consumer protection statutes.

Brian has acted as lead counsel in a number of litigation matters. He routinely represents lenders in disputes with commercial developers, as well as disputes related to mortgage servicing and origination practices. He has defended clients in a wide array of disputes, including a major national bank in a premises liability case, a construction material supplier in a products defect case, a creditor in a UCC sale dispute, a national franchisor in a case alleging vicarious liability for the acts of a former franchisee, a telecommunications company in a dispute with an advertiser, and a wireless telecommunications provider in a case involving alleged security breaches of confidential customer data.

In addition to his active litigation practice, Brian has also counseled clients on document management and retention policies, UCC purchase and sale contract terms, and intellectual property and liability issues related to publishing contracts.

In the News

Brian P Troutman
vCard
T: +1 704 343 2263F: +1 704 353 6177201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

Current representation of major financial institution in multiple federal court class actions involving claims for violations of state and federal consumer protection statutes and common law claims for fraud, negligent misrepresentation, and unjust enrichment.

Representation of franchisor in dispute with terminated franchisee. Obtained judgment against former franchisee for breach of obligations under the parties’ franchise agreement.

Representation of major financial institution in dispute with borrower, obtaining summary judgment in the amount of $1.2 million.

Representation of global chemical company in a series of commercial disputes involving a manufacturing facility joint venture. The client prevented dissolution of the venture, obtained a favorable monetary and commercial settlement, and secured the transfer of the joint venture assets.

Defense of a major debt purchaser in a foreclosure and UCC sale dispute. Obtained dismissal of all claims against client.

Representation of property owner in connection with premises liability case resulting from hurricane-related damage. Attained a favorable settlement.

Defense of wireless telecommunications provider in case alleging violations of state consumer protection statutes related to data security breach. Attained a favorable settlement.

Named to "North Carolina Rising Stars," Business Litigation, Super Lawyers, Thomson Reuters, 2014, 2016-2017

Author, 2012 Update: Successful Partnering Between Inside and Outside Counsel: Management of Corporate Documents, Thomson Reuters, 2012
Author, "Party Over?: The Politics of North Carolina's "Non-Partisan" Judicial Elections," 86 N.C. L.Rev. 1762, 2008