Kim Marston litigates contract and commercial disputes, including unfair trade practices, trade secrets, unfair competition and breach of fiduciary duty claims, on behalf of businesses and professionals in all levels of state and federal courts, including the North Carolina Business Court.
Whether it's a single contract or a long-term business relationship that unexpectedly goes bad, Kim has helped clients resolve disputes - litigating through trial when necessary. Kim also defends lawyers and other professionals accused of malpractice. She has significant experience in all stages of litigation from pre-suit resolution through appeal and has tried cases in all levels of state and federal courts, including the North Carolina Business Court. Kim has represented large and small companies in navigating their options and executing a legal strategy that makes sense for their business.
Kim also defends insurance companies against first party breach of contract claims, bad faith claims, and allegations of unfair claim settlement practices. She has secured summary judgment or other successful outcomes on behalf of her clients in numerous recent cases.
Kim has handled unfair and deceptive trade practice claims and other business torts for clients in a wide range of industries. She also counsels and represents clients when disputes over business ownership and control arise. She works to understand the specific needs of her clients in these often complex matters and has litigated these disputes when another solution cannot be reached.
Kim represents local governments in civil rights actions and liability claims. She has obtained multiple dismissals of actions alleging unlawful arrest claims against local governments and law enforcement officers.
Kim has managed discovery projects in numerous cases involving hundreds of thousands of documents. She coordinates with our e-Discovery staff to use our up-to-date tools and resources to sort through daunting volumes of data in a cost-effective and practical manner. She gets to the key information without incurring undue expense.
Member, Board of Directors, Guilford Green Foundation
Chair, Young Lawyers Committee, North Carolina Association of Defense Attorneys
Co-coach, Guilford College Mock Trial Team (2013-2015)
Therapeutic Horseback Riding Volunteer & Exercise Rider, Harmony Farms, Inc. (2009-2010)
Presenter, Business North Carolina Cybersecurity Roundtable, Raleigh, NC, November 2018.
Presenter, "A Wrench in the Gears: How to Prevent a Data Breach from Disrupting Your Operations & Customer Relationships," mfgCON 2018, Durham, NC, November 14, 2018.
Presenter, "Data Breaches & Cybersecurity," 2018 CFO/CPA Risk Management Conference, Greensboro, NC, October 16, 2018
Presenter, "Data Privacy - A Legal Assessment," CFO Roundtable event, High Point, NC, August 16, 2018
Co-presenter, "You've Been Breached: What Next?," Business North Carolina CEO Summit, Pinehurst, NC, March 27, 2018
Panelist on cybersecurity concerns for entrepreneurs, Greater Women's Business Council's POP Too! Conference, Raleigh, NC, March 9, 2017
Co-presenter (with Thomas Varnum), "Digital Marketing Blues," Raleigh Social Media Marketing Meetup, Raleigh, NC, January 18, 2017
Co-presenter (with Thomas Varnum), "Digital Marketing Blues," Internet Summit, Raleigh, NC, November 16, 2016
Presenter, “Digital Media and Marketing,” UNC Festival of Legal Learning, February 14, 2015
Presenter, “Responding to a Data Breach,” Banking Security Summit, North Carolina Bankers Association, October 16, 2014
Presenter, Digital Legal & Compliance 101 Panel Discussion, North Carolina Association of Broadcasters, June 24, 2014
Presenter, “Tax Consequences of Lobbying and Political Advocacy,” North Carolina Association of Certified Public Accountants, May 2014
Panelist, Representing Your Local Broadcaster, ABA Forum on Communications Law, April 2014
Co-author, “Commercial Free TV and Aereo: What Lies Ahead for Content Owners in the Wake of the Ninth Circuit’s AutoHop Decision,” Communications Lawyer, November 2013
Co-author, “Prior Restraint 2.0: A Framework for Applying Section 230 to Online Journalism,” 1 Wake Forest J.L.& Pol'y 75, May 2011
Co-author, “Supreme Court Rocks Campaign Finance Boat,” Triad Business Journal, 2010
Moderator, “Recent Developments in Election Law,” North Carolina Professional Lobbyists Association, October 2013
Panelist, “Copyright and the Internet: Giving Broadcasters the Cold Shoulder?” American Bar Association, Representing Your Local Broadcaster, April 2013
Presenter, “Citizens United and Corporate Political Speech: New Opportunities and Obstacles,” North Carolina Professional Lobbyists Association, October 2010
Presenter, “Indemnification, Attorneys’ Fees and Arbitration Provisions in Contracts,” North Carolina Bar Association, Business Law Section Annual Meeting, February 2010
When I’m not hard at work on my clients’ behalves, I enjoy spending time exploring the mountains of North Carolina by horseback.