Lucas D. Garber

Partner, Manufacturing Business Sector Chair

Licensed to practice in all state and federal courts in North and South Carolina, Lucas focuses his practice on commercial and fiduciary litigation. Known to be aggressive, but with a keen sense of his clients’ business or personal goals, Lucas has significant experience throughout all stages of litigation. He has successfully tried jury and bench trials to verdict in both state and federal court and has handled appeals in North Carolina and the Fourth Circuit. Lucas also routinely practices in the North Carolina Business Court.

His litigation practice covers a wide range of disputes including:

Commercial Litigation

  • Claims involving business torts
  • Shareholder disputes and derivative actions
  • Products liability
  • Breach of contract
  • Trademark and copyright disputes
  • Construction disputes
  • Employment claims involving covenants not to compete, non-solicitation agreements, and trade secrets
  • Tax disputes
  • Real estate disputes and title curative actions

Fiduciary Litigation

  • Will caveats and trust disputes
  • Litigation regarding fiduciary duties of executors, trustees, and power of attorneys
  • Claims involving trust accountings
  • Declaratory judgment actions to construe provisions in wills and trusts
  • Actions to reform, modify, or terminate trusts

In addition to being a litigator, his broad-ranging experience in complex litigation has led many of his clients to seek his advice in a general counsel role. Whether it is risk management advice or utilizing litigation to achieve business goals—he prides himself on guiding international, national, regional, and local companies through disputes in the most efficient and effective manner. 

A native Charlottean, Lucas has significant ties to the local community. He attended the University of South Carolina for his undergraduate studies where he majored in corporate finance and graduated magna cum laude. After his undergraduate studies, Lucas graduated from Wake Forest University School of Law. While in law school, he served as Executive Editor of the Wake Forest Law Review and clerked for the Honorable Frank Whitney, United States Chief District Court Judge for the Western District of North Carolina.

In his spare time, Lucas enjoys playing golf, fishing, traveling, and watching the South Carolina Gamecocks and Carolina Panthers.

Media Mentions:

  • Prosecuted temporary restraining order and preliminary injunction on novel theories of law in dispute between national lending institutions.
  • Prosecuted temporary restraining order and preliminary injunction involving copyright infringement and trade secret misappropriation involving source code.
  • Represented partnerships and LLCs in the North Carolina Business Court involving claims of breach of fiduciary duties, self-dealing, constructive fraud, and usurpation of corporate opportunities.
  • Represented large medical practice in comprehensive shareholder dispute and defense of numerous derivative actions.
  • Represented builder in copyright infringement action involving architectural plans tried to jury verdict.
  • Represented former NASCAR driver in litigation enforcing promissory notes and financial agreements.
  • Represented automotive replacement parts distributor in parallel cases in the Western District of North Carolina and International Trade Commission involving importation of grey market goods and antitrust claims.
  • Represented client on appeal to Fourth Circuit regarding a complex tax controversy opposing the IRS and Commissioner of Internal Revenue.
  • Defended former employee and subsequently formed business in lawsuit involving breach of a Securities Purchase Agreement and LLC Operating Agreement.
  • Defended client in jury trial to complete defense verdict against claims for negligence and breach of contract arising out of client’s upfit and renovation of a PGA Tour Bus.
  • Defended a private university in a wrongful death case involving alleged hazing and obtained early dismissal in favor of client.
  • Represented beneficiaries in trust reformation actions and declaratory judgment actions resulting in judicial resolution with favorable trust terms.
  • Represented beneficiaries in breach of fiduciary duty actions against trustees.
  • Represented individual and corporate trustees in actions to remove trustee.
  • Represented numerous Propounders and Caveators across the state in will caveat actions.