Richard B. Fennell
After earning his Juris Doctor from the University of North Carolina School of Law, Rich Fennell clerked for one year with the North Carolina Court of Appeals. Since joining James, McElroy & Diehl, Rich’s practice has focused on complex commercial litigation, construction litigation and securities litigation. He has tried a large number of cases to verdict in a variety of areas, including criminal, personal injury, construction, unfair and deceptive trade practices, shareholder and partnership disputes, insurance and contract matters.
Rich’s verdicts include, for example, a $1.8 million judgment for his client in a minority shareholder freeze out case; a judgment for $105,000 in his client’s favor where the other side contended it was due approximately $900,000 in a bid-rigging and unfair and deceptive trade practices case; a $150,000 verdict in a lost profits case where the other side had offered only a nuisance settlement; a no liability verdict in a $400,000 unfair and deceptive trade practice claim; and a $750,000 arbitration award which was more than twice what had ever been offered to resolve the case. He has managed million and multimillion dollar claims involving business valuation and lost profits calculations which have resolved in confidential settlements. The hope is always to resolve matters short of trial when that is possible and makes good business sense. Rich is a believer, though, in the jury system and enjoys trying cases when that is necessary.
- J.D., University of North Carolina School of Law, 1990
- B.A., Political Science and Peace, War and Defense, University of North Carolina at Chapel Hill, 1986
Bar & Court Admissions
- North Carolina State Bar
- South Carolina State Bar
- North Carolina Bar Association, Antitrust and Trade Regulation Section
- Has argued before the North and South Carolina Courts of Appeal, the North Carolina Supreme Court, and the Fourth Circuit Court of Appeals
- Named to the “North Carolina Super Lawyers” 2012 – 2017 editions – Business Litigation
- Named to the 2011-2016 and 2018 edition of “The Best Lawyers in America” by Best Lawyers® – Commercial Litigation
- Named to the 2015-2018 editions of “The Best Lawyers in America” by Best Lawyers® – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation – Bankruptcy, Litigation – Construction, Litigation – Labor and Employment, Litigation – Land Use and Zoning, and Litigation – Securities.
- Named 2011 Business North Carolina “Legal Elite” – Antitrust
- Named Business North Carolina “Legal Elite” 2014 edition – Anitrust
- Best Lawyers’ 2015 Charlotte Litigation – Construction “Lawyer of the Year
- Best Lawyers’ 2017 Charlotte Litigation – Bankruptcy “Lawyer of the Year.”
- 2016 Super Lawyers and Rising Stars
- 2016 Best Lawyers – several JM&D attorneys have been selected
- 2015 Super Lawyers and Rising Stars
- 2015 Best Lawyers – several JM&D attorneys have been selected
- 2014 list of Legal Elite published by Business North Carolina magazine
- Super Lawyers 2014 and Rising Stars 2014
- JMD Attorneys Recognized in Best Lawyers in America for 2014