David Black

David Black is an experienced and accomplished litigator. Over the past twenty years, David has successfully tried cases, including breach of contract, fraud, torts, defamation and other complex litigation matters, in various state and federal court jurisdictions across the country. His vast experience in high-stakes business litigation ranges from investigations, temporary restraining orders and injunctive proceedings through discovery, trial and appeal.

Notable victories for David’s clients include: 

• National counsel for the “Godfather of Soul” James Brown. David has successfully resolved dozens of high stakes lawsuits across the country concerning the estate of James Brown.   
• Obtained a $200,000 sanction order, one of the largest in NC history, for a major Hollywood motion picture studio.  
• Successfully resolved a $200-million-dollar derivative shareholder class action concerning equity interests in power supplier contracts.
• Lead SC counsel for the nation’s second largest power provider in its $6.8 billion dollar acquisition of a Fortune 500 power supplier.  

His considerable courtroom experience includes leading numerous jury trials, bench trials, and arbitrations in various courts across the nation. David has represented clients across the country including Delaware, New York, Washington, North Carolina, Virginia, Tennessee, Texas, California, Utah, and Florida. David also represents College Athletes and Coaches in matters before the NCAA. In all matters and across all courtrooms, David is known for fiercely pursuing the desired outcome for his clients.

Outside of his usual practice, David uses his breadth of knowledge on innovative legal technology and process to serve as the Managing shareholder and advisor for the firm's electronic eDiscovery and information management subsidiary, NEXTRA Solutions. David oversees the NEXTRA team and works closely with the Director on strategic initiatives and opportunities to ensure superior service is provided to clients in a manner that juries can easily comprehend. 

David’s reputation as a highly skilled bet-the-company litigator has been widely recognized in Best Lawyers in America, Martindale Hubbell, and Super Lawyers.  

Prior to joining the firm, David served as a judicial law clerk to the Honorable Kenneth G. Goode of the Sixth Judicial Circuit.  

Community & Professional

• Member, South Carolina Bar Resolution of Fee Disputes Board
• Member, South Carolina Public Service Commission Advisory Committee
• Member, Electric Cooperative Bar Association
• South Carolina Bar Association, Litigation Section
• American Bar Association, Litigation and Energy Sections

Outside Maynard Nexsen

When David is away from the office he can often be found on the soccer field coaching his son and daughter’s South Carolina United soccer teams. David is also an avid cyclist and runner. When he is not in the office or coaching soccer, he enjoys running marathons, participating in cycling races, and competing in other endurance related charitable events.

James Brown Litigation

• Represented the James Brown Trust and Estate (Bauknight) before the South Carolina Supreme Court concerning an order removing former fiduciaries and a compromise settlement agreement.  The South Carolina Supreme Court affirmed the Circuit Court’s removal of the former fiduciaries and reversed the compromise settlement agreement.  The matter is currently pending on remand before the Circuit Court.
• Represented the James Brown Trust and Estate (Bauknight) in two separate appeals involving former trustees attempting to return to a position of authority over the trust and estate.  Both appeals have been successfully resolved other than an award of attorneys’ fees that may be asserted against Cannon for contempt of court proceedings.
• Represented the James Brown Trust and Estate (Bauknight) in a declaratory judgment, accounting, and copyright action filed in the United States District Court for the Central District of California.  In this matter, Ms. Hollander argued that she was entitled to over half of James Brown’s royalties and intellectual property pursuant to an alleged oral agreement.  Mr. Black filed a motion to dismiss on the basis of improper personal and subject matter jurisdiction.  The District Court granted the motion ruling that personal and subject matter did not exist in the California federal court.

Corporate and Business Litigation

• Represented a South Carolina municipality in a Federal Court action filed by a large water and sewer provider seeking injunctive relief. The action was successfully dismissed upon summary judgment in favor of the municipality.
• Represented a shareholder in a minority squeeze out lawsuit. The action was resolved during the early stages off litigation in favor of the minority shareholder.
• Represented a South Carolina manufacturer in a contract dispute with a local municipality. Shortly after filing the lawsuit, the action was resolved in favor of the manufacturer.
• Represented a multinational global 500 company in a products liability and accounting action challenging the design of drywall fasteners.  Prior to engaging in lengthy discovery and mediation, he assisted the client in negotiating a favorable settlement dismissing both actions.
• Represented a database developer in a contractual dispute concerning contract terms, payment, and the absence of a termination clause related to development of the database.  After a weeklong trial in Federal District Court, the Court held that the contract did not run into perpetuity and that termination was proper on a prospective basis.

Electric Cooperative Litigation

• Represented Tri-County Electric Cooperative in a purported derivative class action challenging the Cooperative’s compliance with the enabling statute and other corporate governance issues.
• Represented Santee Electric Cooperative in a purported current member derivative class action challenging the Cooperative’s compliance with statute, bylaws, and other corporate governance issues.
• Represented seventeen South Carolina electric cooperatives in a purported former member class action challenging the cooperatives' compliance with statute, bylaws, and capital credit retirement policies.  The former members seek early retirement of over 250 million dollars in capital credits.
• Represented and won a directed verdict in favor of client, Aiken Electric Cooperative, Inc., in Edgefield County Circuit Court.  The case involved a challenge to a substation expansion and multi-million dollar distribution line easement along a US. Highway.
• Represented a South Carolina electric cooperative in a federal lawsuit concerning annexation, territorial service rights, and a $16 million dollar infrastructure investment.  Through mediation, he assisted the client in negotiating a favorable settlement that will preserve the electric cooperative's post annexation territorial service rights.

Intellectual Property Litigation

• Successfully obtained a service mark license enabling his client to continue using an energy efficiency USPTO service mark.
• Successfully obtained several USPTO service marks for a low country real estate developer.
• Represented a nationally recognized award winning home plan designer in a copyright and trademark action involving the illegal publication of house plan renderings.  Without the aid of a mediator, he assisted the client in negotiating a favorable settlement ending years of litigation.
• Represented a United Kingdom software developer in a copyright action involving point of sale computer source code. Without the aid of a mediator, they assisted the client in negotiating a favorable settlement that will provide international protection for the software code.

Recording Industry Association of America ("RIAA")

• Represent the Recording Industry Association of America (RIAA) in more than sixty federal actions filed throughout South Carolina involving copyright infringement and illegal peer-to-peer file sharing.

South Carolina Pharmacy Benefit Manager Contract

• Convinced the Procurement Review Panel to reverse a Chief Procurement Officer order, awarding the firm's health care industry client a multi-million dollar state contract for pharmacy benefit management.
• Participated in a marathon 17-hour procurement protest hearing involving the award of the State Employee Pharmacy Benefit Manager Contract. A later settlement resulted in the contract being awarded to Maynard Nexsen's client.

Reported Decisions:

In Re: The Estate of James Brown, et al., 427 S.C. 138, 828 S.E.2nd 789 (May 22, 2019)

Brown-Thomas v. Hynie, et al., 367 F.Suoo.3d 452 (February 6, 2019)

Brown v. Pope, et al., 610 Fed. Appx. 239 (July 21, 2015)

Wilson v. Dallas, In re: The Estate of James Brown, et al., 403 S.C. 411, 743 S.E.2d 746 (S.C. 2013)

Cannon v. Georgia Attorney General, In re: James Brown, et al., 725 S.E.2d 698 (S.C. 2012)

Jacqueline Hollander v. The Irrevocable Trust Established by James Brown in August 1, 2000 et al. 2:10-cv-03357-PSG –AJW (2010).

In Re: Protest of Express Scripts, Inc.; Appeal of Medco Health Solutions, Inc., South Carolina Procurement Decisions, SCPD Case No. 2005-8 (October 6, 2005).

SCE&G v. Aiken Electric Cooperative, Inc., and the South Carolina Public Service Commission, 2005 UP 292 (Ct. App. 2005)

In Re: Protest of Palmetto Unilect, LLC; Diebold Election Systems; iPServices, LLC; Maximus, Inc.; and Election Systems & Software, Inc. Appeal of Palmetto Unilect; Diebold Election Systems; and Election Systems & Software, Inc., South Carolina Procurement Decisions, 2004 WL 2516305, SCPD Case No. 2004-6 (July 1, 2004).

SCE&G v Palmetto Electric Cooperative, Inc., South Carolina Public Service Commission Decisions, Case No. 2002-0192-E (October 23, 2003).

Carolina Trucks and Equipment, Inc., v. Volvo Trucks, N.A., 2003 WL 23873007 (4th Cir. Jan 21, 2003)(No. 02-2410).

SCE&G vs. Aiken Electric Cooperative, Inc., South Carolina Public Service Commission Decisions, Case No. 2000-0242-E (April 23, 2002).

• Columbia Business Monthly's Legal Elite of the Midlands, 2024
• Martindale-Hubbell "AV" Preeminent Peer Review Rated
• Listed in Best Lawyers in America for Litigation, Trusts and Estates since 2021
• Listed in Best Lawyers in America for Mass Tort Litigation/Class Actions - Defendants, since 2021
• In 2008, The State Newspaper, Columbia Business Journal, highlighted David as a "rising star" in the South Carolina Business and Legal community.
• University of South Carolina School of Law Justice Ness Academic Honors Scholarship

• Co-Author, Law360 ALM | Law.com Newsletter “Southeast E-Discovery Leaders Say Generative AI Needs More Development for Their Use”, 2023

• Speaker, E-Discovery Lunch & Learn, Association of Corporate Counsel South Carolina, 2020
• Speaker, 19th Annual In-House Counsel Ethics Seminar, 2020
• Speaker, COVID-19 Litigation Part 1: Preparing for COVID-19 Litigation, 2020
• Speaker, COVID-19 Litigation Part 2: Tracking COVID-19 Litigation, 2020
• Speaker, COVID-19 Litigation Part 3: Flattening the Litigation Curve, 2020
• Featured Speaker, National Rural Electric Cooperative Association's Annual Meeting: Electric Cooperative Class Actions and Corporate Governance Litigation in Orlando, Florida; Washington, D.C.; Vail, Colorado; and Monterey, California, 2012 
• Speaker, Procurement Laws Revamped: Changes impact how businesses do work with state and contract dispute process, 2007
• Speaker, South Carolina Tort Reform Act: A Primer on South Carolina Tort Reform, A look at the history and meaning of tort reform in South Carolina, 2004