Andy Penry
Raleigh Office
Phone: 919.833.9449
Practice Areas
Experience
Member, Penry Riemann, PLLC (2008—Present)
Member, Taylor, Penry, Rash & Riemann, PLLC (2000—2008)
Partner, Smith, Helms, Mulliss & Moore, LLP (1996—2000)
Partner, predecessor to Kilpatrick Stockton (1986—1996)
Law Clerk, Hon. James C. Fox, United States District Court for the Eastern
District of North Carolina (1982—1983)
In high stakes cases that involve either significant sums or substantial
legal issues, Penry has an excellent track record. In recent years, Penry has:
- Successfully defended a case regarding ownership of state-of-the art software
for the fast food industry; the jury rejected plaintiffs' $30 million claim and
awarded $2 million in punitive damages on defendant's counterclaim
- Successfully defended two arbitration matters against a national securities
broker/dealer in which $25 million was sought; both claims were rejected after arbitration
- Successfully settled six patent claims in the semiconductor industry having an
estimated value in excess of $1 billion; case settled after a successful Markman hearing
- Obtained two settlements of $2 million each on behalf of plaintiffs alleging that
their beachfront condominiums were defectively constructed
- Obtained a $2.16 million settlement for a business broker who introduced a biotech
company to a major pharmaceutical manufacturer
- Successfully defended a national bank in a securities claim brought by a substantial
shareholder of an acquired bank
Education
Wake Forest University (J.D., 1979)
University of North Carolina (B.A. in History, 1976)
Professional Affiliations
Elected Member, American Board of Trial Advocates
Elected Member, American Law Institute
Member, American Bar Association
- Litigation Section (Construction Litigation Committee, Securities Litigation Committee,
Securities Arbitration Committee)
- Forum on the Construction Industry
- Tort Trial and Insurance Practice Section (Fidelity & Surety Law Committee, Vice Chair, 2005-present)
Member, North Carolina Bar Association
- Litigation Section
- Construction Law Section (Chair of Ethics Subcommittee, 1994—1996; Council Member, 1996—1999)
- Administrative Office of the Courts Liaison Committee (2004—present)
Member, North Carolina Academy of Trial Lawyers
- Consumer Areas of Practice Section (Secretary-Treasurer 2004-present)
Member, Wake County Bar Association
- Board of Directors, 2005 - present
Member, National Bond Claims Association
Associate Member, Carolinas Associated General Contractors
- Safety Committee
- State Construction Committee
Associate Member, Construction Financial Management Association
Associate Member, Wake County, North Carolina, and National Association of Homebuilders
Member, North Carolina Securities Industry Association
Master, Susie Sharp Inn of Court
Bar Admissions
North Carolina (1979)
U.S. District Courts for the Eastern, Middle, and Western Districts of NC
U.S. Courts of Appeals for the Fourth and Federal Circuits
Other courts
pro hac vice
Community Activities
Board of Trustees, Wake Technical Community College
Director, North Carolina Professional Construction Safety Institute
Member, North Carolina Citizens for Business and Industry
Member, Downtown Raleigh Alliance
Steering Committee, Friends of Wake County School Bond Referendum Campaign
Founding Board Member, Wake County Chapter, Kids Voting USA
Attendee, Renaissance Weekend (1999—2001)
Attendee, YPO/WPO Spring Seminars (2001—2003)
Chair, Wake County Democratic Party (1995—1997)
Member, North Carolina Democratic Party Executive Committee (1995—2001)
Delegate, Democratic National Convention (1996, 2000)
Member, Democratic Leadership Council
Honors and Distinctions
Recipient of commendation from North Carolina's Chief Justice for pro bono representation.
Named among North Carolina's Legal Elite in the fields of Construction Law and Litigation in Business North Carolina magazine.
Named to Best Lawyers in America in Construction Law
AV rated by Martindale-Hubbell.
Merit Selection Panel for vacant U.S. magistrate judge positions, U.S. District Court for the Eastern District of North Carolina (1995).
Panel of Construction, Securities, and Insurance Arbitrators for the American Arbitration Association.
Speeches, Seminar Talks, and Other Presentations
North Carolina Hospital Association
- Lecturer on Healthcare Construction
National Institute for Trial Advocacy (NITA) Southeast Regional Deposition Program, Duke University School of Law
- Faculty Member (1989—2005)
- Team Leader (1995)
NITA Southeast Regional Trial Program, UNC School of Law
- Faculty Member (1989—1994, 1999)
NITA Financial Expert Witness Deposition Program, Case Western Reserve University School of Law
- Faculty Member (1994)
- Assistant Program Director (1995)
NITA National Trial Program, Colorado University School of Law
Intensive Program in Trial Advocacy, UNC School of Law
Wake Forest Annual Review, Developments in Tort Law
North Carolina Academy of Trial Lawyers (NCATL)
- Lecturer on insurance law (1986)
- Instructor on cross-examination techniques, "How to Try A Civil Case" seminar (1996)
- Instructor on unfair trade practice claims, "Business Torts: Winning Your Next Big Business Case" seminar (2005)
NC Bar Association Litigation Section
- Lecturer on business tort litigation (1998)
NC/SC Joint Construction Law Section Seminars
- Lecturer on CGL insurance for construction defect claims (1999)
- Lecturer on local and municipal construction (2000)
- Lecturer on building envelope issues (2005)
NC Real Estate and Construction Law Section Joint Seminar
- Lecturer on lien and bond claims (2002)
NC Office of State Construction Seminar
- Panelist (2002, 2003, 2006)
NC American Water Works Association
- Lecturer on OSHA compliance (2005)
Eastern Carolina Safety Conference
- Lecturer on OSHA compliance (2006)
Other Speaking Engagements
- Lecturer on deposition practice (1993—1996)
- "What Do You Do When..." seminar on construction claims (1995—2001)
- "Can This Job Be Saved?" seminar on construction claims (1998—2001)
- Lecturer on construction lien law (1998—2001)
- Lecturer on construction payment remedies (1999—2001)
- Lecturer on North Carolina highway claims (2005)
Publications
"The Art of Complaining,"
The Litigator (1994)
Author of chapters on securities and class action litigation,
North Carolina Practice Guide (West, 1996)
Co-author, Broker Dealer Liability: Investment Adviser Misconduct,
Public Investors Arbitration Bar Association (PIABA) Bar Journal Spring 2005, at 73
Co-author,
The Law of Motor Vehicle Bonds (American Bar Assoc. 2006).
Select Reported Cases
Martin & Loftis Clearing & Grading, Inc. v. Saieed Const. Sys.
Corp., 608 S.E.2d 124 (N.C. App. 2005).
Sciolino v. TD Waterhouse Investor Services, Inc.,
562 S.E.2d 64 (N.C. App. 2002).
Cardiovascular Diagnostics Inc. v. Boehringer Mannheim Corp.,
985 F. Supp. 615 (E.D.N.C. 1997).
Real Color Displays, Inc. v. Universal Applied Technologies Corp.,
950 F. Supp. 714 (E.D.N.C. 1997).
William C. Vick Const. Co. v. North Carolina Farm Bureau Fedn,
472 S.E.2d 346 (N.C. App. 1996).
Tower Dev. Partners v. Zell,
461 S.E.2d 17 (N.C. App. 1995).
Warren v. Legg Mason Wood Walker, Inc.,
896 F. Supp. 540 (E.D.N.C. 1995).
Cameron & Barkley Co. v. American Ins. Co.,
434 S.E.2d 632 (N.C. App. 1993).
Woodford v. Carolina Power & Light Co.,
779 F. Supp. 827 (E.D.N.C. 1991).
Frizzell Constr. Co., Inc. v. First Citizens Bank & Trust Co.,
759 F. Supp. 286 (E.D.N.C. 1991).
State v. Brown,
394 S.E.2d 434 (N.C. 1990).
Home Indem. Co. v. Hoechst-Celanese Corp.,
393 S.E.2d 118 (N.C. App. 1990).
City of Kannapolis v. City of Concord,
391 S.E.2d 493 (N.C. 1990).
American Motorists Ins. Co. v. Avnet, Inc.,
391 S.E.2d 50 (N.C. App. 1990).
North Carolina League of Municipalities v. Clarendon Nat. Ins. Co.,
733 F. Supp. 1009 (E.D.N.C. 1990).
Chapel Hill Country Club, Inc. v. Town of Chapel Hill,
388 S.E.2d 168 (N.C. App. 1990).
Taylor v. First Union Corp. of South Carolina,
857 F.2d 240 (4th Cir. 1988).
McLean Trucking Co. v. Occidental Fire & Cas. Co. of North
Carolina, 324 S.E.2d 633 (N.C. App. 1985).