Marc Manos

Marcus Manos concentrates his practice in civil litigation, with an emphasis on complex litigation.  Marc’s experience includes jury, non-jury and administrative trials, not just litigation.  Marc also briefs and argues appeals at every level of the state and federal court systems.  Marc’s experience includes large numbers of intellectual property, unfair business practices, computer and technology related disputes, state procurement issues, constitutional issues and insurance coverage questions. He also counsels clients on the state procurement process, the procurement of technology, and intellectual property protection and licensing.

Marc represents financial institutions in various types of litigation. He has federal and state court experience defending a wide range of lender liability claims. Marc was part of the team that defended one of the largest lender liability claims ever filed in South Carolina when a time share developer sued specialty lender Greyhound Real Estate Finance (now FINOVA) claiming more than $30 million in damages.  He has represented national banks, state chartered banks and specialty lenders in claims ranging from improper control over the borrower’s business to improperly lending money to a fiduciary.  Marc also represents credit unions and savings and loans in lender liability litigation.  He also represents financial institutions in credit reporting based claims and enablement of imposter fraud claims in court. He also handles credit account arbitration claims on behalf of issuing institutions.

Marc also represents plaintiffs and defendants in class action practice in federal and state courts. Marc represents companies, partners and stock holders in shareholder litigation, minority oppression cases, partnership disputes, dissolution actions and securities claims.

Marc works extensively in the area of public utility law including electric-service rights, eminent domain, pole attachments, easements, service/contact litigation, and all aspects of litigation, regulation and counseling, with an emphasis on cooperative organizations. Marc represents clients before the Public Service Commission and the North Carolina Utilities Commission as a regular part of his practice.

Marc has an AV rating in Martindale Hubbell and has been selected by Chambers USA Guide as one of the outstanding commercial litigation practitioners in the Carolinas.

A native of Mt. Holly, NC, Mr. Manos was an Echols Scholar at the University of Virginia and received an M.A. degree in history from the University of South Carolina. He attended the University of Virginia, School of Law, where he was a member of the Order of the Coif, the Moot Court Board, the National Moot Court Team, the Jefferson Literary and Debating Society and Omicron Delta Kappa.

Mr. Manos is active in his church, politics and various bar associations and committees.

• Argued before the South Carolina Court of Appeals to defend an electric cooperative's service to Sandhills School in Lexington County from a challenge by a competing electric utilities service. The Court of Appeals affirmed the Public Service Commission and Circuit Court orders that Marc's client's service was legal and should continue.

TRIAL AND APPELLATE EXPERIENCES

The following examples show the types of cases Marc and his team handle. As the facts of and law applicable to every case differ, past results cannot be used to predict or guarantee future outcomes.

2/2009	Marc Manos with assistance from Manton Grier, Jr. represented the prevailing vendor for state funded closed captioning for local news broadcasts for the hearing impaired in a contract controversy filed before the Chief Procurement Officer for Information Technology.  After an all day hearing, the client prevailed keeping the contract with potential revenue of more than $2,700,000.  Click here to read the CPO decision.
1/2009	Marc Manos and Manton Grier, Jr. tried a two day protest before the Procurement Review Panel related to the Higher Education Commission’s RFP for a Course Articulation and Transfer System.  The computerized system was to assist four and two year colleges and universities across South Carolina with the increasing number of transfer students.  Marc and Manton represented an unsuccessful offeror.  The Panel held, over the dissent of Dr. Mark Hartley, that the various items required to be in the system were not actual requirements in a solutions based procurement and upheld the original award.  Click here to read the Panel’s decision.
12/2008	Marc Manos represented the successful vendor for state funded closed captioning for local news broadcasts for the hearing impaired in a protest filed by the incumbent vendor, South Carolina Association for the Deaf before the Procurement Review Panel.  The Panel granted Marc’s client’s motion to dismiss the claim leaving the contract valued at over $2,700,000 with Marc’s client.  Click here to read the Panel’s decision.
7/2008	Marc Manos and Manton Grier, Jr. represented CNH New Holland, LLC (New Holland Tractor Division) in a procurement protest brought by the State rejecting two of three New Holland bids on the five year lawn and landscaping equipment contract.  New Holland bid on behalf of all its dealers and local governments.  Universities and school districts could use the approved vendors as well as all state agencies.  After a trial, the Chief Procurement Officer ruled that New Holland must be included in the list of approved vendors on all of its bids.  Click here to read the CPO decision.
5/2008	Ben Kahn and Brooks Bossong of the Greensboro office involved Marc Manos in complex counterclaims brought by a hotel owner in Bankruptcy Court in the Eastern District of North Carolina.  While Ben and Brooks handled most of the work, Marc briefed and argued the motion to dismiss the RICO counterclaims brought against Nexsen Pruet's lender client.  The Bankruptcy Court dismissed all the counterclaims with prejudice, including the multi-million dollar claim asserted under RICO.
5/2008	Marc Manos and David Black won a directed verdict at the trial of a trespass action against their client, Aiken Electric Cooperative, Inc., in Edgefield County.  The case involved a challenge to an important line easement along a U.S. highway.
3/2008	Marc Manos, David Black and John Tiencken drafted and filed an Amicus Brief for the Electric Cooperatives of South Carolina, Inc., portions of which the court used in its opinion in City of Newbery v. Newberry Elec. Coop., Inc., 2008-UP-200 (S.C. Ct. App. March 24, 2008).
1/2008	Marc Manos and Manton Grier settled a substantial corporate and accounting breach of fiduciary duty and malpractice suit during the first week of trial in Spartanburg, South Carolina.
7/2007	Marc Manos and a team of procurement law attorneys successfully defended the multi-million dollar award for development of the South Carolina Family Court Case Management and Child Support Enforcement Computer System before the Chief Procurement Office for Technology and on de novo review by the South Carolina Procurement Review Panel.
4/2007	Marc Manos briefed and argued an appeal regarding the electric service rights of an electric cooperative in City of Camden v. Fairfield Elec. Coop., Inc., 643 S.E.2d 687 (S.C. 2007).
2/2007	Marc Manos briefed and argued an important appeal of summary judgment against a class action seeking market wage hourly rates for prisoners in a prison work program.  This client avoided claims for millions of dollars when the Supreme Court of South Carolina affirmed summary judgment.  Williams v. South Carolina Dept. of Corrections and Williams Technologies, Inc., 641 S.E.2d 885 (S.C. 2007).
1/2007	Marc Manos with the assistance of Michael Elvin represented Petroleum Traders, Inc. in its objection to the South Carolina low sulfur diesel contract.  The objections were over ruled by the Procurement Review Panel and the new contract proceeded.  In Re: Appeal of Petroleum Traders, Case No. 2006-8 (S.C. Procure. Rev. Panel, Jan. 27, 2007).
10/2005	Marc Manos and David Black successfully defended the award of the multi-million dollar contract to manage the State’s Employee Insurance Program Pharmacy Benefit Program before the Chief Procurement Officer and the South Carolina Procurement Review Panel.  In Re:  Protest of Express Scripts, Inc., Order No. 2005-8 (S.C. Proc. Rev. Panel Oct. 6, 2005).
10/2005	Marc Manos and Manton Grier, Jr. led a Nexsen Pruet team to a successful verdict after a three-and-a-half week trial on behalf of a terminated heavy truck dealership.  The verdict was reversed by the Fourth Circuit two years later because it was based on a South Carolina statute but the offending conduct occurred in Georgia.  Carolina Trucks & Equipment, Inc. v. Volvo Trucks of North America, Inc., 492 F.3d 484 (4th Cir. 2007).
9/2005	Marc Manos, David Black and a Nexsen Pruet team convinced the Procurement Review Panel to reverse a Chief Procurement Officer order, awarding the firm’s health care industry client a major state contract for pharmacy benefit management.
6/2005	Marc Manos, Angus Macaulay and Amy Geddes worked as a team to represent a lending institution in a complex, multi-party lawsuit related to the bank’s loans to two trusts.  After winning summary judgment on one of the two claims against the bank, two days of mediation resulted in a global settlement.
4/2005	Marc Manos and David Black briefed and Marc Manos argued before the South Carolina Court of Appeals regarding the right of Aiken Electric Cooperative to provide electric service to Sandhills School in Lexington County.  Aiken Electric Cooperative won before the Public Service Commission, the Circuit Court and those victories were affirmed by the Court of Appeals in Unpublished Op. No. 2005-UP-292.
3/2005	Marc Manos led the trial team on behalf of the House of Perfection in a copyright/trade dress defense in the United States District Court, Southern District of New York, Manhattan.  Rich Mandaro of Amster, Rothstein & Ebenstein worked with Marc on the trial in March of 2004.  In March 2005, the Court granted, in part, motions for judgment as a matter of law and for a new trial.  A settlement was reached prior to the new trial.
10/2004	Marc Manos and a team of Nexsen Pruet attorneys represented a software developer in litigation over the Sumter Criminal Justice Network.  They assisted the client in negotiating a settlement ending years of litigation with limited expense.
10/2004	Marc Manos and his team represented one of a group of Defendants in successfully mediating a settlement of an unauthorized facsimile advertising class action.  The case involved multiple parties and insurance claims.  Order Approving Settlement dated October 5, 2004.
8/2004	Marc Manos led a Nexsen Pruet team in a marathon 17 hours procurement protest hearing protesting the award of the State Employee Pharmacy Benefit Manager Contract.  A later settlement resulted in the contract being awarded to Nexsen Pruet’s client.  CPO Decisions; “The State”.
7/2004	Marc Manos and David Black represented Palmetto Unilect LLC in an appeal of the award of the statewide voting machine contract.  After losing at the CPO level, the Procurement Review Panel found that Palmetto Unilect could not proceed with its administrative review because the CPO received the electronic filing after 5 PM on the last day it was due, even though the electronic filing left the filing system well before 5 PM and was received by the counsel for the CPO before 5 PM.  In Re: Protest of Palmetto Unilect, LLC, Case No. 2004-6 (S.C. Procure. Rev. Panel, July 1, 2004).
5/2004	Marc Manos successfully defended a protest of the award of the South Carolina Child Support Enforcement System Project Management Services Contract before the Information and Technology Management Office, Chief Procurement Officer.
8/2003	Marc Manos argued and briefed the case where the Supreme Court of South Carolina found that no tort of aiding and abetting credit identity theft exists in South Carolina.  Huggins v. Citibank, N.A., 355 S.C. 329, 585 S.E.2d 575.
9/2003	Marc Manos and a team of Nexsen Pruet attorneys and paralegals successfully settled a troubling food industry trademark case for his client, Mitchum, Inc., in a New York mediation.  The case involved alleged misuse of a potato chip/snack brand mark and involved serious issues of insurance coverage.  Bob Kelly of McElroy, Deutsch & Mulvaney worked with Marc on defending this case in the United States District Court, Newark, New Jersey.
11/2002	Marc Manos and a team of Nexsen Pruet lawyers represented the State of South Carolina in its challenge to the constitutionality of federal laws requiring the state to implement a certain type of child support data processing system costing tens of millions of dollars.  After a successful preliminary injunction hearing, the district court ruled against the State on the merits.  The Fourth Circuit affirmed, finding the federal requirements could be attached as a condition of federal funding for Temporary Aid to Needy Families.  Hodges v. Thompson, 311 F.3d 316 (4th Cir. 2002).
1/2002	Using the good offices of Florence, South Carolina mediator, J. Boone Aiken, III, Marc Manos assisted a major national bank client in settling a case involving a failed automated loan processing system development project brought by Affinity Processing Corporation.
8/2001	Without resort to mediation, a Nexsen Pruet team led by Marc Manos negotiated a settlement on behalf of a major New York savings and loan in failed computer system project litigation with Columbia, South Carolina software developer, Policy Management Systems Corporation (now CSC).
8/2001	Marc Manos led the appellate team which argued and briefed Unisys Corporation v. South Carolina Budget & Control Board, 346 S.C. 158, 551 S.E.2d 263 (2001).  The landmark decision firmly established the statutory, exclusive remedy for government procurement cases in South Carolina.  Nexsen Pruet represented the governmental entities against a claim by Unisys Corporation that contract language could create an alternate in-court remedy.
9/1999	Marc Manos represented the majority partners in an apartment development project in an action for an accounting and alleged breaches of duty against the minority partner.  The accounting action lasted a week before a special master.  At trial, the District Court granted a directed verdict to the majority partners.  The Fourth Circuit affirmed.  Williams v. Sandman, 187 F.3d 379 (4th Cir. 1999).
4/1999	Marc Manos led a Nexsen Pruet trial team in an expedited trial settling of a trademark challenge in the United States District Court, Charleston, South Carolina.  Nexsen Pruet successfully defended Beaufort, South Carolina/Savannah, Georgia furniture retailer, Mama’s Used Furniture, from an injunction and damages claim, which would have destroyed its business.  The Plaintiff, Palmetto Ford d/b/a Mama’s Used Cars, pursued an aggressive case.
4/1998	A Nexsen Pruet team led by Marc Manos prevailed on summary judgment for their client, James Albergotti, on trademark and related unfair competition claims brought by America’s Steak Expert, Inc. in the United States District Court, Sumter, South Carolina.
1/1998	Marc Manos assisted Mid-Carolina Electric Cooperative, Inc. in settling its claims against the developer related to a system development project for Mid-Carolina’s operational and customer service software.
8/1997	Marc Manos announced a favorable settlement of children’s clothing copyright/trade dress litigation for his client, Baby Superstore (now Babies R Us).  J. Mark Smith of Pittenger & Smith, P.C. worked with Marc on this case pending in the United States District Court, Denver, Colorado.  Chung Kai Industries d/b/a C.K. Enterprises v. Baby Superstore.
2/1995	Marc Manos argued and briefed the case where the Supreme Court of South Carolina abolished the torts of alienation of affection and criminal convictions.  Russo v. Sutton, 317 S.C. 441, 454 S.E.2d 895.
9/1994	Marc Manos briefed and argued an appeal from a successful verdict for a class pension beneficiaries represented by Tom Stephenson at trial.  The Fourth Circuit disagreed with the verdict and reversed finding the class had no right to be paid accrued benefits under ERISA.  Freeman v. Central States, Southeast and Southwest Areas Pension Fund, 32 F.3d 90 (4th Cir. 1994).
1989-1991	Marc Manos successfully tried and defended on an appeal a case where the Ku Klux Klan challenged the Town of Pelion’s refusal to admit the Ku Klux Klan to the annual Christmas Parade.  The jury and appellate court found the Town of Pelion’s decision justified under applicable law.  Christian Knights of the Ku Klux Klan Invisible Empire, Inc. v. Stuart, 934 F.2d 318 (4th Cir. 1991) (Unpublished opinion).

Darrell Williams, Class Representative, et al. v. South Carolina Department of Corrections and Williams Technologies, Inc. (2007)

Appeal of Petroleum Traders; PRP # 2006-8; IFB #07-S7324 (2007)

City of Camden v. Fairfield Elec. Co-op., Inc., 372 S.C. 543, 643 S.E.2d 587 (2007)

Hodges v. Thompson, 311 F.3d 316 (4th Cir. 2002).

Unisys Corp. v. South Carolina Budget and Control Bd. Div. of General Services, Information Technology Office, 346 S.C. 158, 551 S.E.2d 263 (2001).

U-Neek, Inc. v. Wal-Mart Stores, Inc., 147 F.Supp.2d 158, 2001 Copr.L.Dec. P 28,272 (S.D.N.Y. 2001).

Hodges v. Shalala, 127 F.Supp.2d 790 (D.S.C. 2001).

Hodges v. Shalala, 121 F.Supp.2d 854 (D.S.C. 2000).

Williams v. Sandman, 187 F.3d 379, 39 U.C.C. Rep. Serv.2d 591 (4th Cir. 1999).

Republic Leasing Co., Inc. v. Haywood, 329 S.C. 562, 495 S.E.2d 804 (Ct. App. 1998), vacated, 335 S.C. 207, 516 S.E.2d 441 (1999).

Hawkins v. Greenwood Dev. Corp., 328 S.C. 585, 493 S.E.2d 875 (Ct. App. 1997).

ML-Lee Acquisition Fund, LP v. Deloitte & Touche, 320 S.C. 143, 463 S.E.2d 618 (Ct.App. 1995), aff'd in part, rev'd in part, 327 S.C. 238, 489 S.E.2d 470 (1997).

Knotts v. Williams, 319 S.C. 473, 462 S.E.2d 288 (1995).

Russo v. Sutton, 317 S.C. 441, 454 S.E.2d 895 (1995).

Schlumberger Industries, Inc. v. National Sur. Corp., 36 F.3d 1274, 30 Fed.R.Serv.3d 729 (4th Cir. 1994).

Freeman v. Central States, Southeast and Southwest Areas Pension Fund, 32 F.3d 90, 18 Employee Benefits Cas. 1870 (4th Cir. 1994).

Russo v. Sutton, 310 S.C. 200, 422 S.E.2d 750 (1992).

Sangamo Weston, Inc. v. National Sur. Corp., 307 S.C. 143, 414 S.E.2d 127 (1992).

Shelby Mut. Ins. Co. v. Askins, 307 S.C. 81, 413 S.E.2d 855 (Ct. App.1992).

In re: Protest of Express Scripts, Inc, South Carolina Procurement Review Panel Decisions, Case No. 2005-8 (October 7, 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, Case No. 2004-6 (July 1, 2004).

In Re: Protest of Smith Setzer & Sons, Inc., South Carolina Procurement Decisions, Case No. 1990-2 (February 22, 1990).

In Re: Protest of Smith Setzler & Sons, Inc., South Carolina Procurement Decisions, Case No. 1989-21 (January 4, 1990). 

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