Dylan M. Bensinger Associate

Appellate Matters

• Briefed and argued appeal concerning the adequacy of a captive insurer’s efforts to protect proprietary pricing software as a trade secret under the federal Defend Trade Secrets Act.  [U.S. Fourth Circuit Court of Appeals]
• Briefed and argued appeal in complex contract dispute concerning the purchase of real estate necessary to build school. [U.S. Fourth Circuit Court of Appeals]
• Briefed and argued appeal concerning alleged wrongful seizure of proceeds of real estate transaction. [North Carolina Court of Appeals]
• Briefed appeal challenging a major national financial institution’s HAMP loan modification practices. [Supreme Court of North Carolina]
• Briefed appeal regarding interlocutory appeal jurisdiction, standing, and substantive zoning laws on behalf of county within North Carolina. [Supreme Court of North Carolina]
• Briefed appeal by a former executive challenging the ERISA benefits decision made by large national rail transportation company. [U.S. Eleventh Circuit Court of Appeals]
• Briefed appeal challenging national loan servicer’s registration practices. [U.S. Ninth Circuit Court of Appeals]
• At a previous firm, represented women’s health clinic in landmark reproductive rights litigation before the. [U.S. District Court for the Middle District of Louisiana and U.S. Fifth Circuit Court of Appeals]
• Briefed appeals and secured other appellate victories in state appellate courts in North Carolina, California, and Illinois.

Trial Court Matters

• Secured favorable settlement on behalf of international commercial cold storage company in insurance, regulatory, and construction indemnity lawsuit before the North Carolina Business Court.
• Secured favorable settlements and litigation wins for a variety of clients—including national and international energy companies, national defense contractors, private equity firms, universities, and government utility providers—in pursuit of insurance coverage for losses exceeding $1 billion.
• Briefed and argued summary judgment and complex discovery motions in products liability dispute in the U.S. District Court for the District of Colorado on behalf of large construction materials manufacturer. After near-total summary judgment victory, the client obtained a favorable settlement.
• Won complete summary judgment victory on behalf of major pharmaceutical company unfair and deceptive trade practices action in the U.S. District Court for the Western District of North Carolina.
• Secured summary judgment victory on behalf of large agricultural cooperative in bet-the-company litigation in California state court. [At a previous firm]
• Obtained favorable settlement on behalf of international airline in a consumer class action in the U.S. District Court for the Northern District of California.