Business Disputes & Litigation

J. Thomas Diepenbrock has substantial experience over 24 years in cases ranging from small to large lawsuits and litigation, in state and federal courts in California and North Carolina. Tom's philosophy regarding disputes and litigation is that because of the financial and other costs, it is generally preferable to achieve the resolution of a dispute short of litigation, and that when litigation does take place, resolving cases early is best when possible. That being said, Tom has the experience and ability to commence or defend a lawsuit through all stages, including pleadings, motions, discovery, mediation, trial and appeal.


Tom’s business litigation practice includes:

  • mediations
  • binding arbitration
  • court trials
  • jury trials
  • appellate proceedings
  • disputes regarding contracts
  • unfair competition
  • fraud cases
  • shareholder and partnership disputes
  • construction matters
  • real estate matters

Tom's experience in California included the following cases:

  • Massive investment fraud litigation consisting of hundreds of cases in state and federal courts involving dozens of law firms in the San Francisco Bay Area in which Tom and his team defended two individuals and helped coordinate the defense effort of a number of law firms on behalf of their respective clients.
  • Complex antitrust litigation in state and federal court in 1994 and 1995 brought by gas station dealers against Exxon Corporation, in which Tom participated in representation of dealers with two prominent law firms.
  • Complicated litigation involving the world's then two largest waste disposal companies and the City of San Jose, in which Tom participated in the intensive discovery and deposition phase of case before resolution.
  • Substantial lawsuit by a cable television franchise against the manufacturer of cable television equipment.
  • Construction defect case by the owner of a freezer-cooler warehouse against the architect, contractor and subcontractors for defective design and construction.
    • Massive investment fraud litigation consisting of hundreds of cases...in which Tom and his team helped coordinate the defense effort of several law firms on behalf of their respective clients.”-Technical Equities Litigation
  • Construction defect case involving five apartment complexes against the general contractor and dozens of subcontractors.
  • Lawsuit to gain lost commissions on behalf of a commissioned sales representative successfully tried to judgment in federal court, affirmed after an appeal.
  • Early resolution of a lawsuit against approximately 12 individuals accused of wrongfully competing against their employer.
  • Early resolution of a lawsuit against two individuals accused by their former employer of misappropriating confidential trade secret customer information.
  • Defense of an individual who allegedly embezzled substantial sums of money from customers.
  • Successful representation of a party to a business purchase contract in binding arbitration
  • Representation of the sellers of a business in lawsuit, resolved by mediation.
  • Successful resolution after a recent jury trial (June '07) for a client suing on an unpaid promissory note.

Since beginning  in Asheville, Tom's cases have included the following:

  • Filed and resolved a lawsuit on behalf of a member of an LLC which owned a mobile home park, in which the action sought an accounting from the other LLC member, and the dissolution of the LLC. The court ordered a temporary restraining order, a preliminary injunction and the appointment of a receiver. After the receiver sold the real property, the client was satisfied after a mediation to see the LLC dissolved.
  • Resolution of a case (January 2009) without going to court on behalf of a corporate shareholder accused of wrongful conduct.
  • Lawsuit (filed March 2008) to enforce a mechanics lien on behalf of a local contractor, which has involved extensive negotiation, a mediated settlement, and the potential execution sale of the homeowner's property.
  • In addition to these cases, Tom has been involved in the early resolution of several small construction cases, including defending homeowners in a suit by a framing contractor, and defending a general contractor in a suit by a subcontractor.