Audra MayberryAudra Mayberry Clark Hill
Audra Mayberry represents businesses and individuals in a wide variety of commercial and civil litigation matters involving the financial services industry. She regularlyæresolves conflicts, including contractual disputes, misappropriation of trade secrets, fraud, breach of fiduciary duty, deceptive trade practices, employment disputes, and collections.
Financial Services Litigation
- Representation of national bank in dispute with commercial borrowers who defaulted on their loans.
- Representation of national bank in dispute with consumer plaintiff regarding home equity loan.
- Representation of national bank in collection efforts for civil judgment.
- Confidential six-figure settlement of securities fraud claims brought against oil and gas securities broker-dealer.
- Aided in the representation of oil and gas company sued for securities fraud and breaches of fiduciary duty and provided counsel with respect to SEC enforcement inquiry.
- Aided in the representation of mineral interest owner in title dispute based on the estate misconception theory.
Commercial and Civil Litigation
- Representation of business client in a non-competition dispute with former employee. Successfully obtained permanent injunctive relief and confidential six-figure settlement.
- Representation of a software company in highly contentious contractual dispute.
- Representation of a restaurant and retail client in dispute concerning its commercial leases. The dispute included complex contract construction and eviction issues. Audra assisted in obtaining injunctive relief for the client and defending the case vigorously so that the landlord voluntarily dismissed all its claims, eviction was not granted, and attorney?s fees were awarded to the client.
- Representation of business clients in dispute involving an option contract. The case concluded in a week-long jury trial, in which Audra acted as second chair.
- Obtained injunctive relief for individual in dispute regarding enforcement of foreign judgment and appointment of receiver.
- Representation of shareholder in business dispute involving breach of fiduciary duties and declaratory judgment related to a contested stock transaction. Audra assisted in obtaining injunctive relief for the client. The case concluded in a week-long bench trial, in which Audra acted as second chair.
- Successfully obtained voluntary dismissal of all claims against church client through the use of civil contempt proceedings. The representation culminated in a bench trial in which attorney?s fees were awarded in favor of client. Audra acted as second chair in the bench trial.
- Successfully obtained dismissal of all claims and award of attorney?s fees for celebrity client in defamation case.
- Obtained summary judgment awarding all damages and attorney?s fees to client in civil dispute with contractor regarding extensive damage to roof.
- Obtained summary judgment on behalf of multiple defendants dismissing all claims against them for breach of fiduciary duty, conversion, tortious interference, misappropriation of trade secrets, conspiracy and other claims.
- Assisted in obtaining award vacating ex parte injunction against client in business dispute regarding claims of misappropriation of trade secrets, conversion, breach of fiduciary duties and breach of contract.
- Successful prosecution of 202 proceedings and lawsuits to obtain product seller information from multinational and national electronic commerce businesses.
- Representation of clients in multiple post-judgment garnishment actions.
- Representation of business and former employee in dispute regarding allegation of trade secret misappropriation, breach of fiduciary duties, and breach of employment agreement.
- Provide counsel to employee and executive clients regarding non-competition and non-disclosure agreements.
- Representation of clients in negotiation of employment agreements.
- Representation of business clients in negotiation of vendor services agreements and commercial lease agreements.
Appellate and Multi-District Litigation Experience
- Successfully argued before the United States Fifth District Court of Appeals on behalf of an out-of-state appellee who was improperly sued in a Texas court. The argument concerned the Court's lack of jurisdiction over the non-resident company.
- Representation of consumer plaintiff in multi-district litigation against large medical device manufacturer in the United States District Court for the District of Rhode Island. The case resulted in a confidential six-figure settlement.