Marc Manos gained the trust and confidence of individual clients and entities spread across many industries and states. When faced with daunting, complex litigation, clients turn to Marc who pulls together a team of Nexsen Pruet legal resources, expert witnesses, research/background resources and document reviewers who use modern technology to provide the most cost efficient yet highly effective representation in complex matters. Marc stresses early analysis and critical thinking for the team to come up with creative and effective strategies to win or settle cases.
Marc's experience comes in federal and state courts throughout the Carolinas and in other states. Marc practices before the South Carolina procurement offices, the Public Service Commission, the NC Utilities Commission, the Patent and Trademark Office, the Securities and Exchange Commission, and the SC AG as Securities Commissioner on the administrative side. Marc doesn't just litigate matters, he tries them. Marc handles appeals at all levels of the federal and state systems including the United States Court of Appeals for the Federal Circuit.
Marc connects with his clients and learns their business as he prepares a case. Marc uses technology extensively in his practice, but also litigates about technology related patents, software and other copyrights, and trade secrets. He has extensive experience with failed system development projects/contracts and defective software cases. He understands the ins and outs of bank, credit union and savings and loan litigation including lender liability, enablement of imposter fraud, credit reporting and collection practices, debt collection and shareholder issues. Marc understands the nuances of public utility law and has served as general counsel for an electric cooperative for over ten years.
Marc works for both plaintiffs and defendants in shareholder and partnership disputes, corporate freeze outs, minority valuation cases and class actions of many different types.
Marc used to actively search and prosecute trademarks, which helps his insight into trademark and unfair trade practices litigation. He handles and tries trademark related litigation all over the United States, including the Southern District of New York and the District of Colorado, not just in the Carolinas. Because many of Marc's cases involve contracts between commercial entities or with consumers, he also arbitrates and moves to compel arbitration as a regular part of his practice.
Marc knows public contracts and state procurement law. He advises and litigates in the bidding process and continues on to any contract performance issues. He has represented many businesses seeking State business and also state agencies seeking to procure goods and services.
Marc's background in chemistry helps him in grappling with drug misadministration cases for assisted living facilities and nursing homes. He understands the regulatory environment for these facilities as well, and has defended all types of claims for them. A strong working relationship with expert witnesses in many health care areas makes possible the accurate early evaluation and resolution of many of these cases.
The complex litigation cases Marc handles often touch on insurance coverage questions, fiduciary duty questions, the liability of accountants for financial statements and similar representations. Procurement and other cases have led to issues of constitutional law under the First, Fifth, Tenth and Fourteenth Amendments. Marc also uses and defends against verdict enhancing claims like RICO, the False Claims Act, SC Unfair Trade Practices Act and the NC Unfair and Deceptive Trade Practice Act.
Complex litigation involves documents, data and large numbers of witnesses often spread over a wide geographic area. Having developed a network of experts, researchers, and resources around the country helps Marc in maximizing his client's chances for success at a reasonable cost. While complex litigation cannot always be handled inexpensively, it can be properly forecast/budgeted, handled efficiently, and simplified to make the most effective legal and factual presentation for the client.
With each new case, Marc looks forward to the next challenge and bringing his team's representation of the client to the next level.
Recognitions•Highest AV Rating from Martindale Hubbell
•South CarolinaSuper Lawyer for Business Litigation, 2013 and 2014
•Chambers USA-a leading lawyer for Litigation-General Commercial, since 2010
•Selected as a fellow, Litigation Counsel of America in 2010
NotableTRIAL AND APPELLATE EXPERIENCES
The following examples show the types of cases Marc and his team handle. As the facts of and law applicable to every case differ, past results cannot be used to predict or guarantee future outcomes.
Marc Manos, supported by Lawrence Melton, Manton Grier, Jr., VickiLynn Mitchell and many others in an extensive team represented the State of South Carolina Department of Social Services, Judicial Department and Count Clerks of Court in a several months long trial before the Child Support Enforcement and Family Court Case Management computer automated systems. The trial involved over 47 days of testimony and extensive legal briefing. Results are pending. See CPO Case 2013-204A.
Marc Manos briefed and argued three consolidated cases regarding the enforceability of arbitration provisions in assisted living contracts. The appeal concerned whether federal or state law controlled, whether the restrictions on discovery and damages could be applied and whether the provision was unconscionable. See S.C. Appellate Case No. 2011-199666.
Marc Manos tried a patent inequitable conduct case before the Honorable Cameron Currie in U.S. District Court for South Carolina. After six trial days, Marc's client prevailed in the trial. See the Order. While the results of the trial are not on appeal, an earlier summary judgement lost by Marc's client is currently on appeal before the U.S. Court of Appeals for the Federal Circuit.
Marc Manos working with attorneys from Rogers Towers PA of Jacksonville, FL tried a trademark infringement case to a jury in U.S. District Court, Florence Division representing the franchisees of a national restaurant chain. The jury found that there was no infringement of the 34 registered marks used by the franchisees and found for the competing restaurant on one counterclaim. The case settled while on appeal to the Fourth Circuit.
Marc Manos and Manton Grier, Jr. working with Rogers Towers PA of Jacksonville, FL represented two South Carolina franchisees of a national restaurant chain in a U.S. District Court trademark dispute with another restaurant. On cross motions for summary judgment, the franchisees' claims survived for trial and the counterclaim of the competing restaurant under the SC Unfair Trade Practices Act was dismissed as a matter of law. Read the order.
Marc Manos with extensive support from a team of other Nexsen Pruet attorneys, settled a minority shareholder action after five days of mediation spread over a month. A highly experienced mediator provided invaluable assistance to the parties as well. The case involved a large number of corporations and limited liability companies in two states owned by a group of family members. Nexsen Pruet represented the plaintiff shareholder/member who had been gradually excluded from the businesses over several years. The case involved the use of valuation, real estate and forensic accounting experts and the analysis of a very large number of hard copy and electronic records.
Marc Manos with assistance from Manton Grier, Jr. represented the prevailing vendor for state funded closed captioning for local news broadcasts for the hearing impaired in a contract controversy filed before the Chief Procurement Officer for Information Technology. After an all day hearing, the client prevailed keeping the contract with potential revenue of more than $2,700,000. Click here to read the CPO decision.
Marc Manos and Manton Grier, Jr. tried a two day protest before the Procurement Review Panel related to the Higher Education Commission's RFP for a Course Articulation and Transfer System. The computerized system was to assist four and two year colleges and universities across South Carolina with the increasing number of transfer students. Marc and Manton represented an unsuccessful offeror. The Panel held, over the dissent of Dr. Mark Hartley, that the various items required to be in the system were not actual requirements in a solutions based procurement and upheld the original award. Click here to read the Panel's decision.
Marc Manos represented the successful vendor for state funded closed captioning for local news broadcasts for the hearing impaired in a protest filed by the incumbent vendor, South Carolina Association for the Deaf before the Procurement Review Panel. The Panel granted Marc's client's motion to dismiss the claim leaving the contract valued at over $2,700,000 with Marc's client. Click here to read the Panel's decision.
Marc Manos and Manton Grier, Jr. represented CNH New Holland, LLC (New Holland Tractor Division) in a procurement protest brought by the State rejecting two of three New Holland bids on the five year lawn and landscaping equipment contract. New Holland bid on behalf of all its dealers and local governments. Universities and school districts could use the approved vendors as well as all state agencies. After a trial, the Chief Procurement Officer ruled that New Holland must be included in the list of approved vendors on all of its bids. Click here to read the CPO decision.
Ben Kahn and Brooks Bossong of the Greensboro office involved Marc Manos in complex counterclaims brought by a hotel owner in Bankruptcy Court in the Eastern District of North Carolina. While Ben and Brooks handled most of the work, Marc briefed and argued the motion to dismiss the RICO counterclaims brought against Nexsen Pruet's lender client. The Bankruptcy Court dismissed all the counterclaims with prejudice, including the multi-million dollar claim asserted under RICO.
Marc Manos and David Black won a directed verdict at the trial of a trespass action against their client, Aiken Electric Cooperative, Inc., in Edgefield County. The case involved a challenge to an important line easement along a U.S. highway.
Marc Manos, David Black and John Tiencken drafted and filed an Amicus Brief for the Electric Cooperatives of South Carolina, Inc., portions of which the court used in its opinion inCity of Newbery v. Newberry Elec. Coop., Inc., 2008-UP-200 (S.C. Ct. App. March 24, 2008).
Marc Manos and Manton Grier settled a substantial corporate and accounting breach of fiduciary duty and malpractice suit during the first week of trial in Spartanburg, South Carolina.
Marc Manos and a team of procurement law attorneys successfully defended the multi-million dollar award for development of the South Carolina Family Court Case Management and Child Support Enforcement Computer System before the Chief Procurement Office for Technology and onde novo review by the South Carolina Procurement Review Panel.
Marc Manos briefed and argued an appeal regarding the electric service rights of an electric cooperative inCity of Camden v. Fairfield Elec. Coop., Inc., 643 S.E.2d 687 (S.C. 2007).
Marc Manos briefed and argued an important appeal of summary judgment against a class action seeking market wage hourly rates for prisoners in a prison work program. This client avoided claims for millions of dollars when the Supreme Court of South Carolina affirmed summary judgment.Williams v. South Carolina Dept. of Corrections and Williams Technologies, Inc., 641 S.E.2d 885 (S.C. 2007).
Marc Manos with the assistance of Michael Elvin represented Petroleum Traders, Inc. in its objection to the South Carolina low sulfur diesel contract. The objections were over ruled by the Procurement Review Panel and the new contract proceeded.In Re: Appeal of Petroleum Traders, Case No. 2006-8 (S.C. Procure. Rev. Panel, Jan. 27, 2007).
Marc Manos and David Black successfully defended the award of the multi-million dollar contract to manage the State's Employee Insurance Program Pharmacy Benefit Program before the Chief Procurement Officer and the South Carolina Procurement Review Panel.In Re: Protest of Express Scripts, Inc., Order No. 2005-8 (S.C. Proc. Rev. Panel Oct. 6, 2005).
Marc Manos and Manton Grier, Jr. led a Nexsen Pruet team to a successful verdict after a three-and-a-half week trial on behalf of a terminated heavy truck dealership. The verdict was reversed by the Fourth Circuit two years later because it was based on a South Carolina statute but the offending conduct occurred in Georgia.Carolina Trucks & Equipment, Inc. v. Volvo Trucks of North America, Inc., 492 F.3d 484 (4th Cir. 2007).
Marc Manos, David Black and a Nexsen Pruet team convinced the Procurement Review Panel to reverse a Chief Procurement Officer order, awarding the firm's health care industry client a major state contract for pharmacy benefit management.
Marc Manos, Angus Macaulay and Amy Geddes worked as a team to represent a lending institution in a complex, multi-party lawsuit related to the bank's loans to two trusts. After winning summary judgment on one of the two claims against the bank, two days of mediation resulted in a global settlement.
Marc Manos and David Black briefed and Marc Manos argued before the South Carolina Court of Appeals regarding the right of Aiken Electric Cooperative to provide electric service to Sandhills School in Lexington County. Aiken Electric Cooperative won before the Public Service Commission, the Circuit Court and those victories were affirmed by the Court of Appeals in Unpublished Op. No. 2005-UP-292.
Marc Manos led the trial team on behalf of the House of Perfection in a copyright/trade dress defense in the United States District Court, Southern District of New York, Manhattan. Rich Mandaro of Amster, Rothstein & Ebenstein worked with Marc on the trial in March of 2004. In March 2005, the Court granted, in part, motions for judgment as a matter of law and for a new trial. A settlement was reached prior to the new trial.
Marc Manos and a team of Nexsen Pruet attorneys represented a software developer in litigation over the Sumter Criminal Justice Network. They assisted the client in negotiating a settlement ending years of litigation with limited expense.
Marc Manos and his team represented one of a group of Defendants in successfully mediating a settlement of an unauthorized facsimile advertising class action. The case involved multiple parties and insurance claims. Order Approving Settlement dated October 5, 2004.
Marc Manos led a Nexsen Pruet team in a marathon 17 hours procurement protest hearing protesting the award of the State Employee Pharmacy Benefit Manager Contract. A later settlement resulted in the contract being awarded to Nexsen Pruet's client. CPO Decisions; The State.
Marc Manos and David Black represented Palmetto Unilect LLC in an appeal of the award of the statewide voting machine contract. After losing at the CPO level, the Procurement Review Panel found that Palmetto Unilect could not proceed with its administrative review because the CPO received the electronic filing after 5 PM on the last day it was due, even though the electronic filing left the filing system well before 5 PM and was received by the counsel for the CPO before 5 PM.In Re: Protest of Palmetto Unilect, LLC, Case No. 2004-6 (S.C. Procure. Rev. Panel, July 1, 2004).
Marc Manos successfully defended a protest of the award of the South Carolina Child Support Enforcement System Project Management Services Contract before the Information and Technology Management Office, Chief Procurement Officer.
Marc Manos argued and briefed the case where the Supreme Court of South Carolina found that no tort of aiding and abetting credit identity theft exists in South Carolina.Huggins v. Citibank, N.A., 355 S.C. 329, 585 S.E.2d 575.
Marc Manos and a team of Nexsen Pruet attorneys and paralegals successfully settled a troubling food industry trademark case for his client, Mitchum, Inc., in a New York mediation. The case involved alleged misuse of a potato chip/snack brand mark and involved serious issues of insurance coverage. Bob Kelly of McElroy, Deutsch & Mulvaney worked with Marc on defending this case in the United States District Court, Newark, New Jersey.
Marc Manos and a team of Nexsen Pruet lawyers represented the State of South Carolina in its challenge to the constitutionality of federal laws requiring the state to implement a certain type of child support data processing system costing tens of millions of dollars. After a successful preliminary injunction hearing, the district court ruled against the State on the merits. The Fourth Circuit affirmed, finding the federal requirements could be attached as a condition of federal funding for Temporary Aid to Needy Families.Hodges v. Thompson, 311 F.3d 316 (4th Cir. 2002).
Using the good offices of Florence, South Carolina mediator, J. Boone Aiken, III, Marc Manos assisted a major national bank client in settling a case involving a failed automated loan processing system development project brought by Affinity Processing Corporation.
Without resort to mediation, a Nexsen Pruet team led by Marc Manos negotiated a settlement on behalf of a major New York savings and loan in failed computer system project litigation with Columbia, South Carolina software developer, Policy Management Systems Corporation (now CSC).
Marc Manos led the appellate team which argued and briefedUnisys Corporation v. South Carolina Budget & Control Board, 346 S.C. 158, 551 S.E.2d 263 (2001). The landmark decision firmly established the statutory, exclusive remedy for government procurement cases in South Carolina. Nexsen Pruet represented the governmental entities against a claim by Unisys Corporation that contract language could create an alternate in-court remedy.
Marc Manos represented the majority partners in an apartment development project in an action for an accounting and alleged breaches of duty against the minority partner. The accounting action lasted a week before a special master. At trial, the District Court granted a directed verdict to the majority partners. The Fourth Circuit affirmed.Williams v. Sandman, 187 F.3d 379 (4th Cir. 1999).
Marc Manos led a Nexsen Pruet trial team in an expedited trial of a trademark challenge in the United States District Court, Charleston, South Carolina. Nexsen Pruet successfully defended Beaufort, South Carolina/Savannah, Georgia furniture retailer, Mama's Used Furniture, from an injunction and damages claim, which would have destroyed its business. The Plaintiff, Palmetto Ford d/b/a Mama's Used Cars, pursued an aggressive case.
A Nexsen Pruet team led by Marc Manos prevailed on summary judgment for their client, James Albergotti, on trademark and related unfair competition claims brought by America's Steak Expert, Inc. in the United States District Court, Sumter, South Carolina.
Marc Manos assisted Mid-Carolina Electric Cooperative, Inc. in settling its claims against the developer related to a system development project for Mid-Carolina's operational and customer service software.
Marc Manos announced a favorable settlement of children's clothing copyright/trade dress litigation for his client, Baby Superstore (now Babies R Us). J. Mark Smith of Pittenger & Smith, P.C. worked with Marc on this case pending in the United States District Court, Denver, Colorado.Chung Kai Industries d/b/a C.K. Enterprises v. Baby Superstore.
Marc Manos argued and briefed the case where the Supreme Court of South Carolina abolished the torts of alienation of affection and criminal conversation.Russo v. Sutton, 317 S.C. 441, 454 S.E.2d 895.
Marc Manos briefed and argued an appeal from a successful verdict for a class pension beneficiaries represented by Tom Stephenson at trial. The Fourth Circuit disagreed with the verdict and reversed finding the class had no right to be paid accrued benefits under ERISA.Freeman v. Central States, Southeast and Southwest Areas Pension Fund, 32 F.3d 90 (4th Cir. 1994).
Marc Manos successfully tried and defended on an appeal a case where the Ku Klux Klan challenged the Town of Pelion's refusal to admit the Ku Klux Klan to the annual Christmas Parade. The jury and appellate court found the Town of Pelion's decision justified under applicable law.Christian Knights of the Ku Klux Klan Invisible Empire, Inc. v. Stuart, 934 F.2d 318 (4th Cir. 1991) (Unpublished opinion).
McMaster v. Columbia Bd. of Zoning Appeals, 395 S.C. 499, 719 S.E.2d 660 (2011)
Carolina Trucks & Equipment, Inc. v. Volvo Trucks of North America, Inc., 492 F.3d 484 (4th Cir. 2007)
Darrell Williams, Class Representative, et al. v. South Carolina Department of Corrections and Williams Technologies, Inc., 372 S.C. 255, 641 S.E.2d 885 (2007)
Appeal of Petroleum Traders; PRP # 2006-8; IFB #07-S7324 (2007)
City of Camden v. Fairfield Elec. Co-op., Inc., 372 S.C. 543, 643 S.E.2d 587 (2007)
Huggins v. Citibank, N.A., 355 S.C. 329, 585 S.E.2d 275 (2003).
Hodges v. Thompson, 311 F.3d 316 (4th Cir. 2002).
Unisys Corp. v. South Carolina Budget and Control Bd. Div. of General Services, Information Technology Office, 346 S.C. 158, 551 S.E.2d 263 (2001).
U-Neek, Inc. v. Wal-Mart Stores, Inc., 147 F.Supp.2d 158, 2001 Copr.L.Dec. P 28,272 (S.D.N.Y. 2001).
Hodges v. Shalala, 127 F.Supp.2d 790 (D.S.C. 2001).
Hodges v. Shalala, 121 F.Supp.2d 854 (D.S.C. 2000).
Williams v. Sandman, 187 F.3d 379, 39 U.C.C. Rep. Serv.2d 591 (4th Cir. 1999).
Republic Leasing Co., Inc. v. Haywood, 329 S.C. 562, 495 S.E.2d 804 (Ct. App. 1998), vacated, 335 S.C. 207, 516 S.E.2d 441 (1999).
Hawkins v. Greenwood Dev. Corp., 328 S.C. 585, 493 S.E.2d 875 (Ct. App. 1997).
ML-Lee Acquisition Fund, LP v. Deloitte & Touche, 320 S.C. 143, 463 S.E.2d 618 (Ct.App. 1995), aff'd in part, rev'd in part, 327 S.C. 238, 489 S.E.2d 470 (1997).
Knotts v. Williams, 319 S.C. 473, 462 S.E.2d 288 (1995).
Russo v. Sutton, 317 S.C. 441, 454 S.E.2d 895 (1995).
Schlumberger Industries, Inc. v. National Sur. Corp., 36 F.3d 1274, 30 Fed.R.Serv.3d 729 (4th Cir. 1994).
Freeman v. Central States, Southeast and Southwest Areas Pension Fund, 32 F.3d 90, 18 Employee Benefits Cas. 1870 (4th Cir. 1994).
Russo v. Sutton, 310 S.C. 200, 422 S.E.2d 750 (1992).
Sangamo Weston, Inc. v. National Sur. Corp., 307 S.C. 143, 414 S.E.2d 127 (1992).
Shelby Mut. Ins. Co. v. Askins, 307 S.C. 81, 413 S.E.2d 855 (Ct. App.1992).
In re:Protest of Express Scripts, Inc, South Carolina Procurement Review Panel Decisions, Case No. 2005-8 (October 7, 2005)
In Re: Protest of Palmetto Unilect, LLC; Diebold Election Systems; iPServices, LLC; Maximus, Inc.; and Election Systems & Software, Inc. Appeal of Palmetto Unilect; Diebold Election Systems; and Election Systems & Software, Inc., South Carolina Procurement Decisions, Case No. 2004-6 (July 1, 2004).
In Re: Protest of Smith Setzer & Sons, Inc., South Carolina Procurement Decisions, Case No. 1990-2 (February 22, 1990).
In Re: Protest of Smith Setzler & Sons, Inc., South Carolina Procurement Decisions, Case No. 1989-21 (January 4, 1990).
Outside Nexsen Pruet
Marc has served as President of the University Hill Neighborhood Association since 2006 and is a member of Holy Trinity Greek Orthodox Church. Marc works the Greek Grocery Store every September at Columbia's Greek Festival.
Marc loves going back to UVA for football games and Jefferson Literary and Debating Society meetings, especially if one or more of his children go with him. His pride and joy is his son Nick, playing football at Hand Middle School, his niece Jessica a proud graduate of Dreher High School and Paul Mitchell, now working and self-sufficient at Cost Cutters in Columbia, and his niece Rebecca majoring in art and photography at the University of South Carolina after graduating from Dreher. When he is not busy wrestling his clients' opponents, he fights evil by playing Alliance characters in the World of Warcraft on-line game.
Speaking & Writing
Related NewsNexsen Pruet Ranked Among Top in the Carolinas; Legal Guide Recognizes Sixteen Attorneys and Six Practice Areas
May 27, 2013
•Nexsen Pruet Attorneys Recognized By Peers; Twenty-Eight Named to 2013 Super Lawyers List for South Carolina
April 30, 2013
•Nexsen Pruet Ranked Among Top Firms in the Carolinas
May 29, 2014Overview
Speaking & Writing
Nexsen Pruet Ranked Among Top in the Carolinas; Legal Guide Recognizes Sixteen Attorneys and Six Practice Areas
May 27, 2013
Nexsen Pruet Attorneys Recognized By Peers; Twenty-Eight Named to 2013 Super Lawyers List for South Carolina
April 30, 2013
Nexsen Pruet Ranked Among Top Firms in the Carolinas
May 29, 2014
Legal Seminar for the Council of Multiple Listings Services, CLE Program in Boise, Idaho, 2013:
So What is a Tying Claim and What Does That Mean for NAR Affiliated MLS Who Require REALTOR Membership? (It's Not Nearly the Knot You Think)
Cooperation Among Industry Participants to Protect IP
Legal Seminar for the Council of Multiple Listing Services, CLE program, September 2012:
Cooperation and Communication Among Industry Participants in Dealing with Pirates
Are the Cows out of the Barn or can MLS Still Protect Against Data Piracy?,
Can We All Get Along And Beat the Pirates? (No Offense to Pittsburgh)
National Business Institute Seminar, Applying the Rules of Evidence: What Every Attorney Needs to Know, Columbia Courtyard by Marriott Downtown, November 11, 2010.
Antitrust and the MLS, 2010.
The NAR/U.S. Settlement and how it affects NAR Associated MLS, 2008.