Maxwell Shafer

Max Shafer is a commercial litigator who helps business owners and entrepreneurs when business relationships break down. Whether the issue involves broken promises, financial misrepresentations, unexpected risks, or deceitful conduct, Max has experience guiding owners through the process of resolving disputes both in and out of court. He prides himself on being the person his clients can call in the middle of the night when the stakes are high.

Commercial Litigation

Max regularly advises businesses as they navigate the experience, representing business owners in a variety of disputes arising out of breaches of contract, fraud, breach of warranty, and unfair or deceptive trade practices.

Max also helps companies and employees when they encounter disputes arising out of employment agreements, including non-competition and non-solicitation agreements.

He has experience advising franchisees with disputes over franchise agreements and franchise disclosure documents to make sure that franchisors are holding up their end of the deal.

Entrepreneurship Through Acquisition and M&A Litigation

Entrepreneurship through acquisition presents exciting opportunities for both buyers on the path to business ownership and sellers looking for their next challenge. And when deals go wrong, these cases are often complex and present life-changing stakes, whether the client is a new entrepreneur investing their savings or a long-time owner planning for retirement .

Max has experience representing buyers and sellers in litigation over earnouts, indemnity claims, misrepresentations in financial disclosures, and fraudulent transactions.

Construction Litigation

Max has experience assisting general contractors and subcontractors of all sizes with all manner of disputes, including payment disputes, mechanics liens, construction defect claims, and bid disputes.

He also routinely helps general contractors and subcontractors with breach of contract disputes arising out of non-performance of contracts for the construction of commercial and residential projects.

Max uses his insight from representing clients in litigation to inform his representation of clients outside the courtroom. Max performs a variety of contract drafting assignments for clients regularly, including commercial lease reviews.

Commercial Collections

In turbulent economic times, businesses must get paid for the work they do. Max assists businesses-like contractors or professional services companies-recover money owed to them through efficient, strategic commercial collections work. He represents clients in disputes involving unpaid invoices, breach of contract, and other payment defaults, with a focus on preserving valuable business relationships where possible while enforcing his clients’ rights. Max understands that for many businesses, cash flow is critical, and he works to resolve collection matters promptly, whether through negotiation, litigation, or post-judgment enforcement.

Outside the Courtroom

In his spare time, Max and his wife Gracie spend time at Wrightsville Beach and walk their dog River. He teaches a Sunday school class at Trinity United Methodist Church. He is a member of the Urban Land Institute.

Max has written on behalf of a state-wide contractor association as amicus counsel before the North Carolina Supreme Court. He also regularly writes amicus briefs on behalf of religious freedom advocates in the Federal appellate courts and in the United States Supreme Court.

While studying for the bar, he interned with a technology start-up, where he oversaw determining the market value of the company’s intellectual property assets.

His representative matters include:

•Represented general contractor in payment dispute with owners regarding distressed commercial development.
•Represented national equipment rental company in numerous payment disputes, often through the pursuit of mechanics liens.
•Represented buyer of business in suit over negligently prepared financial statements.
•Represented buyers of commercial project service provider over fraudulent representations of seller.
•Represented architecture company over more than $1,000,000 in unpaid fees.
•Filed amicus brief on behalf of contractors association with the North Carolina Supreme Court.
•Represented international alternative asset manager in dispute regarding restrictive covenants.
•Represented small business from inquiry by North Carolina Department of Justice.
•Represented national online retailer in dispute with former employee regarding violations of non-competition covenants and non-solicitation covenants.

Cases or matters referenced do not represent the lawyer’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.

Most Recent Posts

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Business Court Update: Profit Sharing Alone Doesn’t Create a Partnership

Last month, the North Carolina Business Court examined whether an agreement to share the profits created a partnership, a joint...

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What Is (and Is Not) a Trade Secret? Separating Real Secrets from Routine Information

A hotly contested issue in many trade secrets cases is whether the alleged trade secret even qualifies as a trade...

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Business Court Update: North Carolina Courts Can Reach Out-of-State Executives

Last week, the North Carolina Business Court denied a motion to dismiss, stating that it could exercise personal jurisdiction over...

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North Carolina Business Court Update: Noncompete and Trade Secret Claims Dismissed

The North Carolina Business Court’s recent decision in Box Company of America, LLC v. Bostick, 2025 NCBC 75, reinforces two...

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Business Court Update: Business Court Allows LLC Fiduciary Duty Waiver

On November 25, 2025, the North Carolina Business Court issued an opinion in Estevez v. C&S Commerce, LLC, 2025 NCBC...

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When Does Your Case Belong in the NC Business Court? A Guide to Designations

Recently, we covered some changes to the cases that the Business Court takes on. Given those changes, it seems like...

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Max Shafer Appointed to Porters Neck Village Board

Max Shafer has been appointed to serve on the Board of Directors for Porters Neck Village, a growing retirement community in Wilmington, N.C. His term begins in January 2026 and continues through December 2028....

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North Carolina Business Court Update: Significant Changes to North Carolina Business Court Designation Rules Effective December 1, 2025

Businesses that face complex disputes in North Carolina should prepare for significant changes to the Business Court designation process starting...

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Navigating Indemnity in Business Acquisitions: Protecting Your Deal from Post-Closing Liabilities

You closed the deal. Whether you’re a new entrepreneur acquiring your first business or you’re expanding the services and capacity...

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North Carolina Business Court Weighs in on Business Breakups and Fiduciary Claims

The North Carolina Business Court recently issued an opinion in Carolina Medical Partners, PLLC v. Shah. The case involves a...

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Cranfill Sumner Staffs Pro Bono Empower Hour

Cranfill Sumner LLP attorneys and summer clerks volunteered for the North Carolina Bar Foundation pro bono clinic the Empower Hour on June 3. ...

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Kickbacks and Causation: Supreme Court Could Soon Settle the Question of Anti-Kickback Statute and False Claims Act Causation Requirements

A decision by the First Circuit Court of Appeals has deepened the legal debate surrounding False Claims Act (FCA) actions...

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After Jarkesy, What Is Next for In-House Enforcement Proceedings?

Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities...

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Maxwell Shafer Joins Cranfill Sumner LLP

Cranfill Sumner LLP today announced that Maxwell Shafer has joined the firm’s Wilmington office as an associate attorney. He focuses his practice in the civil litigation practice group handling admiralty and construction law matters....