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Kiran is a partner in the litigation department and serves as chair of the business disputes practice group. He focuses his practice on complex business litigation and has handled a wide variety of complex and multi-party litigation matters, including corporate and commercial disputes, particularly disputes related to private equity investments; construction litigation; real estate and land use litigation; ERISA litigation; product liability, toxic tort, pharmaceutical, and mass tort litigation; and environmental litigation. Kiran also has nearly twenty years of experience in negotiating and modifying standardized construction contract documents, including contract forms prepared by the American Institute of Architects and the Associated General Contractors of America. Prior to joining the firm, Kiran served as law clerk to the Honorable Frank A. Kaufman, Chief Judge, United States District Court for the District of Maryland, 1981-1982.
Kiran has been recognized as one of the Best Lawyers in America® for bet-the-company litigation and commercial litigation, and is a frequent writer and speaker on a variety of topics.
Representative Matters
Represented two private equity arms of major financial institutions in suit arising from sale of portfolio company; claims brought by recalcitrant member in portfolio company were virtually all dismissed by North Carolina Business Court.
Represented portfolio company of private equity firm in series of suits and arbitration proceedings alleging that portfolio company (a franchisor) had fraudulently induced franchisees to enter into franchise agreements.
Represented private equity fund in connection with multi-million dollar misrepresentation/ negligence/indemnification claim against former shareholders and auditors of entity acquired by fund.
Obtained permanent injunction in pro bono National Environmental Policy Act case against the United States Navy on behalf of two Eastern North Carolina counties to prevent construction of an outlying landing field.
Represented multi-national corporation in International Chamber of Commerce arbitration arising from disputes in connection with the construction, repair, and maintenance of the ARCOS ring, a fiber optic cable linking and providing telecommunications service to fifteen nations in the Caribbean basin.
Represented publicly held company in suit brought by competitor company alleging tortious interference with contract, breach of contract, and unfair trade practices in connection with acquisition targeted by our client and competitor; outcome generated definitive opinion by North Carolina Business Court on letters of intent in North Carolina.
Represented multi-national engineering/start-up subcontractor in connection with multi-million dollar claim for payment arising from construction of cogeneration power plant, and defense of multi-million dollar delay and defective work claim by contractor.
Represented plaintiffs in a class action alleging violation of ERISA in connection with amendments to a pension plan following leveraged buyout of publicly held multi-national corporation; suit resulted in largest class action settlement then on record in North Carolina.
Represented multi-state developer in suit brought by environmental activist groups challenging, based upon alleged violations of the Endangered Species Act and National Environmental Policy Act, high-end lakefront residential development project.
Assisted U.S.-based manufacturer in a dispute with an India-based distributor.
Publications, Presentations and Awards
North Carolina Super Lawyers, Business Litigation, 2008 (Top 100 in 2008)
Legal Elite, Business North Carolina Magazine, Environmental Law, Litigation, 2007-2008
"Supreme Court takes care of business," Charlotte Business Journal, co-authored with Erika Olson, August 31, 2007
"Ruling partially curbs damage awards," Charlotte Business Journal, co-authored with Chris Lam, April 13, 2007
Best Lawyers in America, 2008, Bet-the-Company Litigation, Commercial Litigation, Construction Law
Chambers USA: America's Leading Business Lawyers, 2006-2007, Commercial Litigation
North Carolina Super Lawyers, Business Litigation, 2007
"Navigating Today's Deal Environment," CLE presentation, March 2007
Large Firm Pro Bono Services Award, North Carolina Bar Association, 2005
Named "Guardian of the Environment" by The Charlotte Observer, 2005
"Federal Civil Practice" chapter, NC Bar Association's General Practice Deskbook (3d Ed. 2004), co-authored with Sally Higgins and Jason Barron
Best Lawyers in America, 2003-2007, Commercial Litigation and Bet-the-Company Litigation
"Calculating Construction Delay and Other Damages," North Carolina Lawyers Weekly, August 19, 2002
"Beyond the Brass Ring: Becoming a Business Owner and All," The National Law Journal, January 14, 2002
"Gatekeepers of Expert Testimony," The National Law Journal, April 16, 2001
"Can Smart Growth Survive Legal Battle?" Co-authored with Roy Michaux, The Business Journal, April 28, 2000
"Hazardous Waste: RCRA/CERCLA Workshop - CERCLA/RCRA Update," presented to North Carolina Bar Association, Environmental Section, 1996
"A Primer on Environmental Law," presented to the North Carolina Association of Defense Attorneys, 1995
Professional, Civic and Community Involvement
Professional: American Bar Association, Construction Litigation Committee, Member, 1999-present
Charlotte Chamber of Commerce Environmental School, Dean of Solid Waste and Hazardous Waste, 1991-1994
Hazardous Waste/Superfund Committee, Environmental Section, Chair, 1992-1994
Mecklenburg County Bar Association, Civil Courts Committee, 1994
North Carolina Bar Association, Environmental Section Council, 1994-1997
Civic/Community: Charlotte Swim & Racquet Club, Board of Directors, 1991-1996; President, 1994-1996
Charlotte-Mecklenburg School System, Superintendent's Council, 1999
Christ Episcopal Church, Peace & Justice Committee, Outreach Commission, Engaged Couples Workshop, Lay Reader, 1982-present
Community School of the Arts, Board of Directors, 1997-present
Harvard Law School Association of North Carolina, President, 1996-present |
