Administrative and Regulatory Law
Bailey & Dixon’s experienced administrative and regulatory law practice represents public and private sector clients before a broad spectrum of state and federal administrative agencies and regulatory bodies in matters ranging from professional and business licensure regulation to immigration proceedings to labor arbitration to municipal assessments.
Our lawyers are instrumental in providing advice to government and drafting legislation. We have particular expertise in public utility regulation and healthcare law, where we represent health care plans and providers as well as the North Carolina Board of Pharmacy and the North Carolina Board of Dental Examiners. We have significant experience with the electricity, natural gas and insurance areas at the state and federal regulatory level, and with telecommunications regulation. We are also experienced with state and federal-level public hearing processes and appellate advocacy.
Business & Corporate Law
In today’s volatile marketplace, companies need seamless legal service in order to meet their business objectives. Bailey & Dixon business practice attorneys provide a full range of corporate legal services to companies in virtually every industry. By combining multiple services for businesses under one umbrella, we offer a collaborative and integrated approach to problem solving, a complete understanding of the challenges facing your company, the ability to manage complex transactions and matters and creative and business-oriented solutions to your company’s concerns.
Our clients receive practical experience and legal knowledge in a variety of business and corporate matters, including general corporate advice, financial services, corporate governance and project finance. We regularly work with attorneys in our firm’s other practice areas, such as tax, real estate, administrative, immigration and employee benefits and litigation to contribute to matters when needed. Our clients range from emerging companies to Fortune 100 corporations operating in a range of industries, including biotechnology, energy, financial services, health care, manufacturing and transportation to name a few. We are frequently involved in the following:
- Forming corporations, limited liability companies and partnerships
- Reviewing and drafting business contracts
- Assisting business owners with asset sale agreements, stock sale agreements and mergers
- Commercial Real Estate
- Commercial Litigation
- Advising business owners on employment issues
- Regulatory Compliance
- Closing SBA loans
- Licensing
- Franchising
- Federal and State tax compliance and representation
Civil Litigation
Bailey & Dixon’s civil litigation practice has been a core component of the firm since its inception. We understand that litigation is time-consuming and disruptive, and we therefore seek to resolve disputes before litigation. But when there is no better alternative, we pursue litigation vigorously while working closely with our clients to ensure that their objectives are met.
Once litigation has begun, our attorneys have the background and experience to handle protracted or difficult negotiations when a settlement is desirable, or to try a case to verdict when that is an appropriate and necessary solution. Our attorneys have substantial experience trying civil cases in both State and Federal Courts throughout North Carolina. Because of the scope and long history of our litigation practice, our lawyers have far more actual trial experience than many other firms of equal or larger size. Our attorneys are involved in a wide variety of litigation matters, including the following:
- motor vehicle negligence
- personal injury claims
- premises liability
- construction defects
- employment disputes
- products liability claims
- toxic torts
- homeowners’ association disputes
We also have substantial experience in alternative dispute resolution, including arbitration, mediated settlement conferences, and bench trials. Although principally involved in the defense of civil disputes, we are willing to represent claimants in select matters. In these situations, our attorneys utilize their unique perspective as defense lawyers to secure the best results for their plaintiff clients.
Commercial Real Estate
Bailey & Dixon has an active real estate practice with special emphasis on commercial real estate transactions. The broad range of expertise of our real estate lawyers enables us to provide continuity in case management to our clients, irrespective of the size and complexity of the matter. The lawyers in our real estate group have the ability to manage dispute resolutions, to provide creditors' rights and bankruptcy advice and representation, to advise on regulatory issues, and to identify and resolve tax questions, thus saving the expense and inefficiency of engaging different legal counsel for each of a client's separate business and legal problems.
Our commercial real estate experience includes structuring commercial real estate transactions as well as preparation and completion of commercial real estate financings and related closings, including 1031 tax-free exchanges. We are actively involved in the acquisition of conservation easements for mitigation bank purposes and regularly represent owners and tenants in commercial leasing transactions. Our attorneys have appeared before the Raleigh City Council, Raleigh Board of Adjustment, and the Planning Department and Zoning Department of the City of Raleigh. Other areas of frequent practice include:
- Commercial real estate finance and closings
- Conservation easement acquisitions
- Leasing transactions and lease review
- Real Estate contract and landlord/tenant litigation
- Options
- Office building development
Construction Law
Bailey & Dixon attorneys have successfully resolved hundreds of construction cases across North Carolina and the Southeast region. The scope of our services is broad – from over-the-phone advice and direction to handling lawsuits involving hundreds of thousands of dollars and thousands of documents. Between these extremes, we perform a full range of services for our construction clients, including bid protests, negotiation and preparation of contracts, advice and counsel during contract performance, dispute avoidance, claims preparation and analysis and various forms of dispute resolution. We have extensive trial, arbitration and mediation experience.
The projects on which we have worked are as varied as our client base, which includes landowners, homeowners, developers, general contractors, sub-contractors, material suppliers and insurers in a variety of disputes arising out of the design, construction and maintenance of commercial and residential building projects. This diversity and the types of construction matters we have handled enable us to approach problem solving from a broad base of knowledge and experience. We understand construction and the issues that frequently arise in building projects.
In addition to our capabilities in litigation, trials and arbitration, we have developed skills that help our clients avoid or minimize disputes. Our attorneys seek to be advisors and counselors, helping clients to structure their contracts and project relationships in ways that will prevent problems, and helping them to anticipate and solve potential problems before they become adversarial. Our expertise in this area extends to the following representative areas of counsel:
- Construction defects in both commercial and residential structures
- Defective building products
- Toxic mold / sick building litigation
- Construction contract disputes
- Lien and construction collection disputes
- Land development disputes
- Legal services for homeowners and homeowners associations
- Insurance coverage disputes
- Premises liability claims
- Unfair / deceptive trade practices and fraud / misrepresentation claims
Corporate Crisis Management
No one wants the difficulty and expense of working through a corporate crisis. We help our clients minimize potential risk exposure by staying current with changing federal and state laws, proactively providing timely legal advice and compliance information.
When a crisis hits, it is important to understand that today's complex legal problems often find a voice outside the courtroom, in the court of public opinion. A crisis can be devastating to you or your company through disruption to daily business or damage to reputation, and the actions taken in the first hours are critical in determining the overall outcome.
More than just damage control, our integrated approach to high-profile predicaments combines sophisticated media strategies with the threat of aggressive litigation. We are experienced in advising individuals and companies when a corporate crisis erupts, from both a legal and business perspective.
We've successfully navigated a number of companies through the stormy waters of crisis management. Our comprehensive crisis-control approach incorporates:
- Leadership, effective team-work, flexibility, and a clear focus on critical issues
- Immediate and experienced counsel to determine the scope and composition of the problem
- A strategy to quickly establish stability and confidence
- A plan to develop and implement strategies for corrective action
Internal investigations are invaluable for containing or averting a corporate crisis, or when possible wrongdoing by employees is suspected. An internal investigation is most effective when conducted at the earliest signs of potential problems, especially when you have a legal team that can ferret out facts. We’ll work with your inside corporate counsel, auditors, and others to conduct and supervise fact-finding, identify problem areas, and then advise you on appropriate action.
Professional and Occupational Licensing Law
Bailey & Dixon attorneys represent numerous North Carolina occupational licensing boards and individual and corporate clients before various state administrative agencies and regulatory bodies in matters ranging from professional and business licensure regulation to judicial review of administrative agency decisions.
Our lawyers regularly:
- Act as general counsel for state occupational licensing boards;
- Prosecute and defending licensees before occupational licensing boards;
- Represent state administrative agencies, boards and commissions in federal and state court;
- Appear before the N.C. Rules Review Commission;
- Advise occupational licensing boards regarding their investigations, employment matters, and disciplinary proceedings;
- Represent clients before administrative agencies and regulatory bodies;
- Draft legislation and regulations;
- Monitor legislation at the North Carolina General Assembly;
- Advise state agencies, individuals and businesses regarding compliance with laws such as The Administrative Procedures Act, HIPAA, and The Americans With Disabilities Act; and
- Advise state agencies, individuals and businesses regarding federal and state constitutional issues.
Professional License & Malpractice Litigation
Attorneys at Bailey & Dixon have represented state licensing boards and a range of public and private clients in matters before licensing boards for many years. As eligibility for licensure by state licensing boards, including initial character and fitness determinations, have become increasingly complex – and disciplinary investigations of licensees more prevalent – we possess the skills necessary to assist clients in a multitude of licensing matters from initial licensing through state board investigations, negotiations, administrative hearings and settlements.
Our experienced lawyers have successfully represented physicians, dentists, speech pathologists, real estate agents, nurses, social workers, insurance agents, physical therapists and psychologists in a variety of administrative proceedings and appeals.
Our comprehensive North Carolina licensing law expertise includes:
- Responding to licensing agency investigations;
- Appealing the denial of a North Carolina professional license;
- Negotiating with the Attorney General or Board Counsel;
- Representation at administrative hearings and related appeals;
- Petitions for reinstatement after loss of license;
- Handling problems arising during license probation; and
- Defending criminal charges arising from license discipline investigations.
