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Donald "Don" Pocock is an accomplished litigator whose practice spans a broad spectrum of complex disputes and high-stakes matters.

Overview


  • Wake Forest University School of Law, J.D., 2000
  • Wake Forest University, B.A., 1997
  • North Carolina
  • Virginia
  • U.S. Supreme Court
  • U.S. Bankruptcy Court, Eastern, Middle, and Western Districts of North Carolina
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, Eastern, Middle, and Western Districts of North Carolina

Don is a commercial litigation and construction litigation attorney who represents businesses, financial institutions, contractors, developers, and project participants in high-stakes disputes throughout North Carolina, Virginia, and the eastern United States. He helps clients resolve complex business disputes, construction disputes, banking litigation, creditor rights matters, secured lending disputes, and other commercial conflicts through practical strategy, disciplined advocacy, and a clear focus on business outcomes.

Don works closely with executives, in-house counsel, business owners, lenders, contractors, and developers to understand their objectives, assess risk, and develop strategies that fit the dispute and the business realities behind it. Whether a matter calls for early resolution, arbitration, trial, or appeal, he helps clients evaluate options, protect leverage, and pursue outcomes that align with their legal and commercial goals.

Clients turn to Don when litigation presents meaningful financial exposure, operational disruption, project risk, or reputational concern. He brings extensive experience in state and federal courts, appellate courts, mediation, and arbitration, and he is known for translating complex disputes into practical, client-centered litigation strategies.

His commercial litigation practice includes contract disputes, business torts, shareholder disputes, trade secret litigation, employment non-competition disputes, class action defense, commercial fraud claims, and other complex business conflicts in state and federal courts.

In construction litigation, Don represents general contractors, subcontractors, developers, owners, sureties, lenders, and other project participants in disputes involving payment, contract interpretation, project delays, performance claims, design defects, defective construction, lien and bond claims, and project risk.

Don also represents banks, non-bank financial institutions, lenders, and special servicers in financial services litigation and secured lending disputes, including commercial loan enforcement, consumer lending claims, asset recovery, lien avoidance actions, fraudulent transfer claims, and creditor rights litigation.

He has appeared in courts across the eastern United States and before leading arbitration forums, and he has handled appeals before the North Carolina Court of Appeals, the Supreme Court of North Carolina, the Supreme Court of Virginia, the U.S. Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States.

While maintaining a busy regional litigation practice, Don taught trial advocacy at Wake Forest University School of Law for many years and coached law student trial teams in national competitions. He frequently writes and speaks on issues affecting state and federal civil practice and has served in leadership positions at the state and national levels through the North Carolina Bar Association and the American Bar Association.

  • Defended a marine terminal operator and its parent company in a breach-of-contract and tortious interference action brought by a national fertilizer distributor involving a bulk-product stevedoring and storage agreement at the Port of Wilmington, North Carolina. Obtained summary judgment for the defense and secured a $2 million damages award on counterclaims for unpaid storage fees and throughput shortfalls. Briefed and argued the matter on appeal before the U.S. Court of Appeals for the Fourth Circuit.

  • Defended an elevator contractor in a complex construction delay dispute involving a multi-building development in downtown Greensboro. Successfully defeated more than $10 million in delay claims and obtained judgment on counterclaims for breach of contract.

  • Handled consolidated Miller Act payment bond litigation arising from a federal construction project involving disputes among a prime contractor, a masonry subcontractor, and the payment bond surety.

  • Represented a national title insurance company in a multi-defendant commercial fraud action arising from fraudulent wire instructions and impersonation schemes.

  • Led a sustained, multi-case litigation effort on behalf of a technology company to combat the unauthorized reproduction and distribution of proprietary software, asserting claims for copyright infringement, trademark counterfeiting, trade secret misappropriation, and breach of contract. Secured preliminary and permanent injunctions, default judgments, and favorable findings across multiple federal jurisdictions.

  • Served as defense counsel in consolidated patent infringement cases involving proprietary flame-retardant fabric technology for the mattress industry. The litigation spanned multiple years and districts, including a contested Markman hearing, Daubert challenges, extensive pretrial motions practice, trial, and appeal to the U.S. Court of Appeals for the Federal Circuit.

  • Represented a national financing company in litigation arising from a residential solar energy installation project in which the contractor allegedly failed to maintain the required electrical license. Obtained a stay and voluntary dismissal, resolving the client's exposure efficiently and favorably.

  • Represented a party in a Miller Act payment bond action in the Eastern District of Virginia arising from work performed on a federal construction project, navigating the procedural demands of one of the nation's most active federal courts.

  • Represented a party in a breach-of-contract action arising from a packaging supply agreement and pursued claims for nonpayment in the Western District of Virginia.

  • Listed in The Best Lawyers in America® for Construction Law and Commercial Litigation (2020 – 2027) and Litigation – Construction (2027)
  • Recognized as "Legal Elite" for Construction Law by Business North Carolina (2024 – 2026)
  • Member – North Carolina Bar Association (2000 – present)
    • Professionalism Committee (2026)
    • Judicial Independence and Integrity Committee (2020 – present)
    • Litigation Section (2000 – present), Chair (2023 – 2024), Leadership Council (2017 – 2020), Civil Practice Committee (2015 – 2017)
    • Construction Section (2002 – present)
    • Administration of Justice Committee (2011 – 2013)
    • Law School Liaison Committee (2005 – 2007)
    • AIA/NC Bar Construction Liaison Committee (2005)
    • Lawyers in the Schools Committee (2001 – 2003)
  • Director – The North Carolina Creditors Bar Association (2023 – present)
  • Wake Forest University Joseph Branch Inn of Court, Student Member (1997 – 2000), Barrister (2002 – 2005), Master of the Bench (2017 – present)
  • Member – American Bar Association, Litigation Section
  • Selected to Super Lawyers (2025 – 2026)
  • North Carolina Pro Bono Honor Society, North Carolina Pro Bono Resource Center (2019)
  • North Carolina Lawyers Weekly, Leaders in Law (2019)
  • Listed in "40 Under 40" by Triad Business Journal (2011)
  • Former member – The Little Theater of Winston-Salem, Inc. Board of Directors (2012 – 2017), President (2015 – 2016)
  • Former member – Rotary Club of Stratford, Board of Directors and Officer (2010 – 2014)
  • Member – Wake Forest University Department of Theatre Jordan Theatre Scholarship Committee (2002 – 2020)

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