Camden R. Webb

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

Firearms Industry and Second Amendment

• Defended federal firearms licensees against the ATF’s attempts to revoke licenses pursuant to the Biden Administration’s “Zero Tolerance Policy”.
• Advised firearms industry members regarding ATF inspections; investigations by the Department of State, Office of Defense Trade Controls Compliance; and potential regulatory action stemming from inspections and investigations.
• Served as regulatory counsel on a public company’s acquisition of an online firearms retailer, guiding the deal team through due diligence, regulatory considerations, and representations and warranties needed for acquiring a firearms business.
• Advised the purchaser of a business entity on the lawful transfer/disposal of explosives that were acquired along with the target company.
• Assisted a firearms LLC in crafting its Operating Agreement and working with the ATF to ensure that the company owners without management responsibility were not required to be designated as Responsible Persons on the federal firearms license.
• Negotiated lease terms for a supplier to a firearms manufacturer so that restricted Class III/NFA items could be properly “chaperoned” by the manufacturer in the supplier’s facility.
• Advised e-commerce retailers on terms and conditions of firearms sales over the internet and on challenges posed by shipping to states and localities that restrict firearms and ammunition sales.
• Provided advice to firearms industry members regarding banking regulations and relationships in light of restrictions on lending to the industry.
• Assisted banks in crafting terms for loan documents for credit facilities to firearms manufacturers.
• Advised non-firearms industry businesses on firearms laws, including restrictions on employers’ ability to restrict possession of firearms on company property.

Banking and Financial Services Representation

• Defended a mortgage company and its principal in a civil RICO action brought by the FDIC as the receiver for a failed bank, in which the FDIC alleged that the mortgage company had sold bad mortgages to the bank.  The case was settled quickly.
• Directed the internal investigation for a bank regarding a bank employee’s embezzlement of funds.  Working with bank executives and federal law enforcement, we identified the suspicious transactions, advised on compliance with bank security laws and changes to bank procedures to improve security, and handled all customer claims arising out of the incident, and the court granted restitution on behalf of the bank during the employee’s criminal proceedings.
• Defended a class action lawsuit under the federal Fair Debt Collections Practices Act.  The suit presented a novel question of law under the FDCPA, and the U.S. District Court dismissed the case prior to the clients having to file an answer to the complaint.  That dismissal was upheld on appeal.  As a result, the clients avoided entirely the costs of class certification and discovery.
• Represented the holder of a letter of credit whose claim on the LOC was denied by the FDIC after the FDIC seized the bank that issued the letter of credit.  The case was settled.
• Currently defending the former directors and officers of a bank that was taken over by the FDIC.  The FDIC, as receiver of the bank, has sued, alleging that the former officers and directors were negligent in their lending practices.
• Defended a bank against claims by a commercial borrower (a developer) and its guarantors that the bank had ceased lending to the borrower, thereby causing a housing development to fail.  The plaintiffs had sued for $40 million in damages.  After motions practice and extensive discovery, including the discrediting of the borrower’s expert witness on bank lending practices, the case was settled under terms that required the borrower and guarantors to pay the bank to resolve the lawsuit.
• Defended an investment services company and its investment advisers against a series of investors’ claims stemming from losses in a specific set of securities.  Through the FINRA arbitration process, the claims were resolved.
• Currently defending the members of a credit union’s supervisory committee (equivalent to a bank’s audit committee) against contribution and indemnification claims filed by the credit union’s outside auditors.
• Defended a bank against claims by a commercial borrower, who contended that the bank had not received the required authorizations that would bind the borrower regarding the subject loans.  The case was designated to the North Carolina Business Court, which dismissed the complaint prior to the filing of an answer.  The plaintiff did not appeal, and the bank did not have to incur the costs of discovery.
• Currently defending a mortgage broker against the United States government in a civil False Claims Act case.
• Represented a bank in federal court in New York against a claim by its investment banker that it was owed a success fee.  The investment banker contended that the scope of its engagement letter required the bank to pay a success fee even though the bank raised capital with a “friends and family” offering unrelated to the investment banker’s services.  After discovery and disclosure of facts revealing the intent of the scope provision of the engagement letter, the case was settled.
• Defended a mortgage company against claims by a consumer borrower that the mortgage company had violated North Carolina’s mortgage lending statute and unfair and deceptive trade practices statute.  The case was settled.

Selected Trial Experience

• Represented a global credit card issuer in a federal jury trial in a novel case involving violations of North Carolina’s Debt Adjusting Act.  The credit card issuer’s customer had entered into a contract with a debt counselor, but the debt counselor had engaged in practices prohibited by North Carolina law.   There was a jury verdict in favor of the credit card issuer against the debt counselor for amounts unpaid by the customer.
• Represented a manufacturing company in a federal lawsuit against the client’s former consultant who had transferred trade secrets to a competitor. The case was tried to a jury, which found liability, and the former consultant settled the case before the damages phase of the trial began. When the former consultant attempted to discharge the settlement obligation through bankruptcy, a fraudulent transfer action was litigated in bankruptcy court, and the case was settled.
• Defended at trial a multinational construction company against claims by a subcontractor who bid on a portion of a project but was not awarded the subcontract.  At trial, the subcontractor’s principal admitted that the subcontractor had knowledge of misrepresentations in the subcontractor's bid package, and the court held against the subcontractor on all issues.
• Represented a close corporation and its principals in a jury trial involving claims by the corporation’s former president that his shareholder expectations had been frustrated by his fellow shareholders’ ouster of him as president.  The former president had, however, signed a contract tendering his shares and resigning as president.  Despite his claim that he was forced to sign the contract under duress, there was a jury verdict enforcing the contract and requiring the tendering of shares back to the corporation, thereby defeating the former president’s claims.
• Represented a manufacturing company in a two-week AAA commercial arbitration involving claims by a wholesaler that the products manufactured by our client were defective.
• Represented a distributor in a three-week jury trial in state court, in which the distributor alleged that a supplier had breached its distribution contract and misled the distributor about the terms of distribution.  There was a jury verdict for breach of contract, unfair and deceptive trade practices, and piercing the corporate veil, holding the owner of the supplier personally liable.

Litigation Relating to Corporate Governance and Transactions

• Represented a company that purchased the assets of a competitor against a creditor’s claim of de facto merger.  The creditor contended that the purchasing company had in effect merged with the debtor, but after the case was designated to North Carolina Business Court, and summary judgment was granted on behalf of our client on all issues.
• In North Carolina Business Court, represented a close corporation, related LLCs, and their principals in an effort to remove the companies’ manager/president from control of the corporation and LLCs.  The court ordered such removal.
• Represented a general partner, who had left her partnership years prior, against a claim by a third party for personal injury.  The issue was whether the former partner’s exit from the partnership was performed in a manner freeing her of liability.  After discovery, the case was settled.
• Represented a manufacturing company in AAA arbitration against claims by the seller under an asset purchase agreement.  The seller claimed that the purchaser had not paid as promised, despite the seller’s non-performance under the terms of the contract.