Attorneys

John P. Marshall

jmarshall@whiteandallen.com

 

John P. Marshall was born in June of 1962 in Wilmington, N.C. John maintains a broad civil litigation practice with an emphasis on commercial and business litigation in the federal and state courts, including the North Carolina Business Court. He also maintains a mediation practice.

John earned his undergraduate degree in business administration from Campbell University in 1984 and his law degree (magna cum laude) from the Campbell University School of Law in 1989.

John is a member of the North Carolina State Bar and is admitted to practice in all courts in North Carolina. He is certified by the North Carolina Dispute Resolution Commission as a mediator. Marshall currently serves the North Carolina State Bar as the chair of the Eighth Judicial District Bar Candidate Committee. He is a member of the Litigation, Antitrust and Complex Business Disputes, Business Law, and Dispute Resolution Sections of the North Carolina Bar Association. He served on the council for the Business Law Section from 2008 to 2011. John currently serves on the council for the Antitrust and Complex Business Disputes Law Section. He has also served on the Campbell Law School Alumni Association Board of Directors.

John is AV rated by Martindale-Hubbell, the highest achievement rating. According to Martindale-Hubbell’s website, an AV Preeminent rating is a significant rating accomplishment and a testament to the fact that a lawyer’s peers rank him at the highest level of professional excellence. He was named to the 2019 and 2020 Super Lawyers list in the area of Business Litigation.

John has been active in the community. He is past President of the Board of Trustees of Arendell Parrott Academy. John currently serves as Chairman of the Lenoir County Transportation Committee.

John is past President of the Lenoir Committee of 100 and the Kinston Country Club. He has served on the boards of the Lenoir County Committee of 100, the Lenoir County United Way, the Kinston Noon Rotary Club, Lenoir Community Council for the Arts, and the Foundation for the Renewal of Eastern North Carolina.

A born competitor, John attended college on a golf scholarship. He has finished as high as third in the North Carolina Amateur Championship and frequently plays in Carolinas Golf Association events.

 

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Recent cases of note:

  • Represented numerous companies or employees in enforcement or defense of covenants not to compete.
  • Represented a private charitable foundation in a claim brought by a large national bank alleging that the transfer of funds used to create the foundation was a fraudulent conveyance.
  • Represented a golf course development against the contractor who built the golf course in litigation over the defective construction of certain aspects of the golf course.
  • Represented a minority shareholder in a closely held corporation in the North Carolina Business Court where the minority shareholder sought to be paid fair value for her shares after being frozen out and removed from the board of directors and as an officer of the corporation.
  • Represented trustee of a testamentary trust in estate litigation to determine the nature and extent of his obligations where the trustee was unable to fulfill his obligations by virtue of the assets remaining in the trust.
  • Represented a former legislator in defense of a defamation action brought by a political opponent which resulted in a dismissal being taken by the Plaintiff and the payment of legal fees to his client.
  • Represented guarantors of a debt incurred by a family business against the assignees of that debt who acquired the rights to the debt out of bankruptcy.
  • Represented a large condominium development in Morehead City in a construction dispute between the HOA and the general contractor and several subcontractors due to moisture, mold and air intrusion issues.
  • Represented one of two shareholders against the other in a "business divorce" case defending his client against allegations of fraud, breach of fiduciary duty and derivative claims.
  • Represented a large national real estate company against another in a lawsuit involving construction and interpretation of a reciprocal easement agreement defining their obligations in a shopping center.
  • Represented numerous closely held agricultural entities or their owners in accounting, dissolution and other disputes involving the finances and operations of those businesses.