Tricia W. Magee

Partner, Labor and Employment Regional Service Line Leader

Tricia is a skilled and efficient litigator with over two decades of experience practicing in state and federal courts at the trial and appellate levels. With a nuanced understanding of the perspectives of all the stakeholders in a case, she effectively manages, analyzes, and resolves complex matters during critical stages of litigation. Her practice centers on federal court litigation, including matters related to labor and employment and intellectual property (IP), as well as commercial litigation.

Prior to returning to Shumaker, Tricia spent 18 years as the career law clerk to Judge Frank D. Whitney, U.S. District Judge for the Western District of North Carolina. She provided sound counsel to the judge in more than 150 federal jury and bench trials and thousands of federal civil and criminal cases. Drawing on her broad range of legal knowledge and acumen, Tricia gave advice in complex business litigation matters, such as IP disputes, class and collective actions, and employment disputes, as well as criminal litigation matters involving sophisticated racketeering allegations and governmental investigations by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), United States Securities and Exchange Commission (SEC), and Department of Homeland Security (DHS). 

Prior to serving as Judge Whitney’s law clerk, Tricia practiced civil and commercial litigation at Shumaker and also gained experience in both of North Carolina’s appellate courts, serving as a law clerk to Hon. John M. Tyson on the NC Court of Appeals and an extern to then-Justice Mark Martin on the NC Supreme Court. Her experience “behind the scenes” in federal court and North Carolina’s appellate courts has left her with a unique perspective into the judiciary, which is a value added to her clients.

Tricia is an established community leader with significant experience directing nonprofits. Driven by her dedication to helping organizations optimize their impact, she frequently enacts strategies involving risk and crisis management, board engagement, diversity and inclusion, and leadership development, among many others. She has served on the board of directors for several community organizations and nonprofits, including the Mecklenburg County Bar, Charlotte Family Housing (of which she currently serves as the Board Chair), and Good Friends Charlotte.

Outside of work, Tricia enjoys spending time with her husband, Patrick, their two teenage daughters, and their dog, Banks. You can often find her on the tennis courts or cheering on the Tar Heels.

Events and Presentations: 

  • Presenter: Association of Corporate Counsel, Charlotte Chapter, "May It Please the Court: Litigation Lessons Learned as Former Federal Law Clerks," (2024)
  • Presenter: National Charity League, Inc., Charlotte Chapter, “#GRWM Governance Ready with Me,” (2024)
  • Presenter: Mecklenburg County Bar Association, “Women’s Nonprofit Board Leadership Forum,” (2020)
  • Presenter: AFP North Carolina Philanthropy Conference, “Next Generation Philanthropy,” (2020)
  • Presenter: UNC School of Law, Festival of Legal Learning: “What NOT to do in Federal Court,” (2019)
  • Presenter: Buncombe County Bar and Mecklenburg County Bar Association, “WDNC Local Rules Updates under the Revised Federal Rules of Civil and Criminal Procedure,” (2019)
  • Presenter: UNC School of Law, Festival of Legal Learning: “Update on the Local Rules of the Western District of North Carolina,” (2018)
  • Moderator: NC Bar Assoc. Antitrust and Complex Business Dispute Section, “A View from the Bench: Effective Advocacy in Complex Business Disputes,” (2017)
  • Presenter and Moderator: Patent Law Symposium, Campbell University School of Law “A View from the Bench: Patent Litigation in North Carolina,” (2015)
  • Presenter: Federal Bar Association, “A View From Chambers,” (2015 & 2016)
  • Presenter: Federal Bar Association, “Notable Recent Civil Decisions,” (2014)
  • Presenter: Federal Bar Association, “Electronic Discovery,” (2012)
  • Presenter: 24th Annual North Carolina/South Carolina Labor and Employment Law Update and Annual Meeting, “District Court Law Clerk Panel on Do’s and Don’ts in Employment Law Cases,” (2008)

Media Mentions

  • Hamby v. Profile Products, LLC, et. al, 179 N.C. App. 151, 632 S.E.2d 804 (2006) - submitted Amicus Curiae Brief on behalf of North Carolina Citizens for Business and Industry, which formed basis for dissent at Court of Appeals and the basis for the North Carolina Supreme Court’s reversal of the Court of Appeals and adoption of the Amicus position. 361 N.C. 630, 623 S.E.2d 231 (2007).
  • Lloyd v. Southern Elevator Co., Inc., - obtained a preliminary injunction for employer in action to enforce non-compete clause against a former employee, and successfully defended issuance of injunction on appeal.  184 N.C. App. 378, 646 S.E.2d 443 (2007) (unpublished); 633 S.E.2d 818 (2006).
  • Lynch v. Twitty, 177 N.C. App. 811, 630 S.E.2d 257 (2006) - obtained favorable ruling of dismissal of appeal for failure to follow N.C. Rules of Appellate procedure, thereby leaving trial court’s dismissal of the complaint undisturbed.
  • Barham v. Hawk, 360 N.C. 362, 629 S.E.2d 846 (2006) - appellate counsel in medical malpractice matter..
  • Jacobs v. Physicians Weight Loss Center of America, Inc., 360 N.C. 290, 628 S.E.2d 381 (2006) - appellate counsel in petition for writ of certiorari in medical malpractice defense matter.
  • Developers Surety and Indemnity Company v. King, et al, 7:05-CV-00133 (E.D.N.C.) - obtained entry of default and default judgment for client.
  • Overview

    Tricia is a skilled and efficient litigator with over two decades of experience practicing in state and federal courts at the trial and appellate levels. With a nuanced understanding of the perspectives of all the stakeholders in a case, she effectively manages, analyzes, and resolves complex matters during critical stages of litigation. Her practice centers on federal court litigation, including matters related to labor and employment and intellectual property (IP), as well as commercial litigation.

    Prior to returning to Shumaker, Tricia spent 18 years as the career law clerk to Judge Frank D. Whitney, U.S. District Judge for the Western District of North Carolina. She provided sound counsel to the judge in more than 150 federal jury and bench trials and thousands of federal civil and criminal cases. Drawing on her broad range of legal knowledge and acumen, Tricia gave advice in complex business litigation matters, such as IP disputes, class and collective actions, and employment disputes, as well as criminal litigation matters involving sophisticated racketeering allegations and governmental investigations by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), United States Securities and Exchange Commission (SEC), and Department of Homeland Security (DHS). 

    Prior to serving as Judge Whitney’s law clerk, Tricia practiced civil and commercial litigation at Shumaker and also gained experience in both of North Carolina’s appellate courts, serving as a law clerk to Hon. John M. Tyson on the NC Court of Appeals and an extern to then-Justice Mark Martin on the NC Supreme Court. Her experience “behind the scenes” in federal court and North Carolina’s appellate courts has left her with a unique perspective into the judiciary, which is a value added to her clients.

    Tricia is an established community leader with significant experience directing nonprofits. Driven by her dedication to helping organizations optimize their impact, she frequently enacts strategies involving risk and crisis management, board engagement, diversity and inclusion, and leadership development, among many others. She has served on the board of directors for several community organizations and nonprofits, including the Mecklenburg County Bar, Charlotte Family Housing (of which she currently serves as the Board Chair), and Good Friends Charlotte.

    Outside of work, Tricia enjoys spending time with her husband, Patrick, their two teenage daughters, and their dog, Banks. You can often find her on the tennis courts or cheering on the Tar Heels.

    Events and Presentations: 

    • Presenter: Association of Corporate Counsel, Charlotte Chapter, "May It Please the Court: Litigation Lessons Learned as Former Federal Law Clerks," (2024)
    • Presenter: National Charity League, Inc., Charlotte Chapter, “#GRWM Governance Ready with Me,” (2024)
    • Presenter: Mecklenburg County Bar Association, “Women’s Nonprofit Board Leadership Forum,” (2020)
    • Presenter: AFP North Carolina Philanthropy Conference, “Next Generation Philanthropy,” (2020)
    • Presenter: UNC School of Law, Festival of Legal Learning: “What NOT to do in Federal Court,” (2019)
    • Presenter: Buncombe County Bar and Mecklenburg County Bar Association, “WDNC Local Rules Updates under the Revised Federal Rules of Civil and Criminal Procedure,” (2019)
    • Presenter: UNC School of Law, Festival of Legal Learning: “Update on the Local Rules of the Western District of North Carolina,” (2018)
    • Moderator: NC Bar Assoc. Antitrust and Complex Business Dispute Section, “A View from the Bench: Effective Advocacy in Complex Business Disputes,” (2017)
    • Presenter and Moderator: Patent Law Symposium, Campbell University School of Law “A View from the Bench: Patent Litigation in North Carolina,” (2015)
    • Presenter: Federal Bar Association, “A View From Chambers,” (2015 & 2016)
    • Presenter: Federal Bar Association, “Notable Recent Civil Decisions,” (2014)
    • Presenter: Federal Bar Association, “Electronic Discovery,” (2012)
    • Presenter: 24th Annual North Carolina/South Carolina Labor and Employment Law Update and Annual Meeting, “District Court Law Clerk Panel on Do’s and Don’ts in Employment Law Cases,” (2008)

    Media Mentions

  • Representative Matters
    • Hamby v. Profile Products, LLC, et. al, 179 N.C. App. 151, 632 S.E.2d 804 (2006) - submitted Amicus Curiae Brief on behalf of North Carolina Citizens for Business and Industry, which formed basis for dissent at Court of Appeals and the basis for the North Carolina Supreme Court’s reversal of the Court of Appeals and adoption of the Amicus position. 361 N.C. 630, 623 S.E.2d 231 (2007).
    • Lloyd v. Southern Elevator Co., Inc., - obtained a preliminary injunction for employer in action to enforce non-compete clause against a former employee, and successfully defended issuance of injunction on appeal.  184 N.C. App. 378, 646 S.E.2d 443 (2007) (unpublished); 633 S.E.2d 818 (2006).
    • Lynch v. Twitty, 177 N.C. App. 811, 630 S.E.2d 257 (2006) - obtained favorable ruling of dismissal of appeal for failure to follow N.C. Rules of Appellate procedure, thereby leaving trial court’s dismissal of the complaint undisturbed.
    • Barham v. Hawk, 360 N.C. 362, 629 S.E.2d 846 (2006) - appellate counsel in medical malpractice matter..
    • Jacobs v. Physicians Weight Loss Center of America, Inc., 360 N.C. 290, 628 S.E.2d 381 (2006) - appellate counsel in petition for writ of certiorari in medical malpractice defense matter.
    • Developers Surety and Indemnity Company v. King, et al, 7:05-CV-00133 (E.D.N.C.) - obtained entry of default and default judgment for client.
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