Elizabeth L. Winters
Counsel

1001 West Fourth Street, Winston-Salem, NC USA 27101

Overview

Beth Winters litigates complex commercial, trade secret, securities, Native American, and other legal issues for both plaintiffs and defendants. Ms. Winters has handled multiple cases in both federal and state courts across the country involving claims for breach of contract, such as services agreements, real estate leases, and non-disclosure and non-compete agreements, fraud, unfair and deceptive trade practices, and misappropriation of trade secrets.

Prior to joining the firm, Ms. Winters gained experience working as a law clerk in the North Carolina Business Court. Previously, she worked with the firm as a summer associate in 2010 and 2011.

Ms. Winters was recognized as a North Carolina "Rising Star" in 2022 and the six years immediately preceding for Business Litigation by Super Lawyers magazine. She was also recognized in 2022 and 2023 as one of the "Best Lawyers: Ones to Watch" for Commercial Litigation by The Best Lawyers in America®. Ms. Winters was selected by Triad Business Journal as one of its “40 Under Forty” Leaders in 2022.

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Experience

Represented Family Dollar as the plaintiff in a breach of contract and unfair and deceptive trade practices case arising from a vendor’s premature termination of a contract and failure to pay for accrued rebate hours. Family Dollar Operations, Inc. v. Driveline Retail Merchandising, Inc., No. 3:17-cv-00054-FDW-DSC (W.D.N.C.).

Represented Blue Cross and Blue Shield of North Carolina in the North Carolina Business Court in a putative class action brought by chiropractors against Blue Cross North Carolina and other health care payors alleging antitrust, unfair and deceptive trade practice, breach of fiduciary duty, and declaratory judgment claims arising out of payors’ relationship with an intermediary managing their chiropractic provider networks. Obtained Rule 12(b)(6) dismissal; matter affirmed on appeal. Sykes d/b/a Advanced Chiropractic and Health Center, et al. v. Blue Cross and Blue Shield of North Carolina, et al., Case No. 15-CVS-3136 (Forsyth Cty. Superior Ct. / N.C. Bus. Ct.).

Represented Plaintiff Neusoft Medical Systems, U.S.A., Inc. in a lawsuit involving claims of conversion, violation of the Computer Fraud and Abuse Act, misappropriation of trade secrets, unjust enrichment, and violation of North Carolina’s Unfair and Deceptive Trade Practices Act. The case also had significant issues regarding the enforcement of international arbitration agreements and the relationship between a Chinese medical equipment manufacturer and a U.S. distributor that were appealed to the U.S. Supreme Court. Neusoft Medical Systems, U.S.A., Inc. v. Neuisys, LLC, et al., Civil Action No. 11-CVS-11405 (Guilford County Superior Court).

Represented enrolled members of the Comanche, Caddo, Apache, Cherokee, and Kiowa Tribes of Oklahoma, who own a trust allotment outside of Anadarko, Oklahoma, in actions for trespass and condemnation arising from the continued operation of a natural gas pipeline for more than 16 years after the easement expired. After being turned away by multiple firms, the landowners approached Kilpatrick Townsend, who agreed to take the case. We obtained dismissal of the gas company’s condemnation claims, and the federal district court for the Western District of Oklahoma entered summary judgment against the gas company for trespass. On appeal, the Tenth Circuit affirmed the dismissal of the condemnation claims and affirmed summary judgment on trespass. Marcia W. Davilla, et al. v. Enable Midstream Partners, L.P., et al., No. 5:2015cv01262 (W.D. Okla. 2016); Marcia W. Davilla, et al. v. Enable Midstream Partners, L.P., et al., No. 17-6088 (10th Cir. 2019); Enable Oklahoma Intrastate Transmission LLC v. 25 Foot Wide Easement, No. 17-6188 (10th Cir. 2018).

Represented the sellers of a 120 acre tract of real estate slated for commercial development in Union County, North Carolina. After prolonged due diligence, the buyer repeatedly refused to close on the sale and filed suit to require the sellers to indefinitely hold the property for an eventual closing after all development permits were approved by the City of Monroe. After filing counterclaims based on the buyer’s refusal to close on the sale, we moved for judgment on the pleadings on all claims. That motion was granted in the sellers’ favor, and they were freed from the original contract and the court ordered the due diligence deposit to be released to our clients from escrow. Shortly thereafter, the sellers signed a new contract for an approximately one-third increase in the sale price. Pace Development Group, Inc. v. Howey, et al., 20 CVS 2572, Superior Court, Union County, NC.

Lead associate in complex trade secret misappropriation lawsuit in North Carolina Business Court against client’s former head of research and development. Worked closely with computer forensic experts to uncover misappropriation of 4,000 product formulas and spoliation of evidence. Obtained a temporary restraining order and a preliminary injunction.

Defended transportation company in federal court from claims arising from $22 million deal, including breach of a non-disclosure agreement and confidentiality obligations, fraud, negligent misrepresentation, and deceptive trade practices. Briefed motion to dismiss seven of the eight claims, which was granted in full, and plaintiff then voluntarily dismissed its remaining claim.

Defended in North Carolina Business Court multiple former officers and directors of Consert, Inc., the company who acquired Consert, Inc., an investment bank, and other parties against various claims brought by former shareholders of Consert, Inc. including breach of fiduciary duty, fraud, violation of the North Carolina Securities Act, conversion, and violation of North Carolina’s Unfair and Deceptive Trade Practices Act related to the merger of Consert, Inc. into another company. The North Carolina Business Court granted 10 defendants’ motions to dismiss.

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Insights
Services
Education

Wake Forest University School of Law J.D. (2012) magna cum laude, Order of the Coif, CALI Award
Wake Forest Law Review, Editorial Staff

University of Florida B.S. (2007) Psychology, cum laude

University of Florida B.A. (2007) Criminology, cum laude

Admissions

North Carolina (2012)

Court Admissions

U.S. District Court - Eastern District of North Carolina

U.S. District Court - Middle District of North Carolina

U.S. District Court - Western District of North Carolina

Clerkships

North Carolina Business Court - Judge James L. Gale (Aug 2012-Aug 2013)

Professional & Community Activities

21st Judicial District Bar, Member

Forsyth County Bar Association, Member

North Carolina Bar Association, Young Lawyers Division Member

Guardian ad Litem, Volunteer (2001-Present)

Yadkin Riverkeeper, Volunteer (2009-2010)

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