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M. Keith Kapp

Raleigh, NC
Voice (919) 981-4024
FAX (919) 981-4300
kkapp@williamsmullen.com

Practice Areas
Antitrust
Class Action Litigation
Environmental
Fiduciary Litigation
Litigation

Keith Kapp is a partner in the Litigation Section at Williams Mullen and a vice president on the firm's board of directors. He represents businesses, ranging from multi-national to private or family-owned enterprises, in connection with their commercial litigation and regulatory needs. He advises clients on the laws of contract, shareholder rights, antitrust, franchise relations, warranty, consumer protection, unfair trade practices and various regulatory statutes. As a member of the Commercial Arbitration Panel of the American Arbitration Association, Mr. Kapp also provides arbitration services.

Education
University of North Carolina School of Law, J.D., with honors
University of North Carolina, A.B., with honors

Professional Affiliations
American Bar Association
- Antitrust Section
- Forum on Franchising Section

North Carolina Association of Defense Attorneys

North Carolina Bar Association
- Administrative Law Section
- Antitrust Section
- Appellate Rules Committee
- Board of Governors, Former

North Carolina State Bar
- Ethics Committee Chairman
- Wake County Judicial District Councilor

Wake County Bar Association
- President, Former

Awards and Honors
The Best Lawyers in America
Listed in North Carolina Super Lawyers magazine
Morehead Scholar
Phi Beta Kappa of Wake County, Past Director

Publications
  • Co-author, "Daubert Applied To Reject 'Chemical Sensitivity' Junk Science," Counsel's Advisory, Washington Legal Foundation, Nov. 13, 1998
  • Editorial Board, Franchise Law Bibliography (Second Edition), A joint project of the Forum on Franchising and the Section on Antitrust Law, American Bar Association, 1993
  • Co-author, North Carolina Tort Law 1992, Chapter 13 - Products Liability, Wake Forest Law School CLE Publication, 1992
  • Editor, Survey of Significant Decisions of North Carolina Court of Appeals and North Carolina Supreme Court, North Carolina Bar Association, 1982
  • Editor and Author of Civil Section, Survey of Significant Decisions of North Carolina Court of Appeals and North Carolina Supreme Court, North Carolina Bar Association, 1981


Representations
  • Establishing legal precedent that a prospective purchaser of a wine wholesale business has no standing to sue under the North Carolina Wine Distribution Agreements Act.
  • Representing automobile manufacturers and dealers statewide in warranty, consumer and lemon law cases (including obtaining an attorney fee award for a manufacturer).
  • Obtaining the first certificate of public convenience and necessity for an electric wholesale generator ("EWG") under PURPA from the North Carolina Utilities Commission.
  • Arguing appeals before the Fourth Circuit Court of Appeals, North Carolina Court of Appeals, and North Carolina Supreme Court.
  • Counseling and defending franchisees and franchisors on termination of the franchise relationship.
  • Defending insurance companies in class action suits related to their rate structure.
  • Defending former officers and directors of insurance companies in liquidation actions.


Community Involvement
First Night Raleigh 2000 Celebration - Co-chair
Moravian Ministries Foundation - Trustee
Raleigh Executives Club - Past President
Raleigh Little Theatre - Past President

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