Marc E. Gustafson

704.227.9837
227 W Trade St, Suite 1800
Charlotte, NC 28202
mgustafson@belldavispitt.com
Email Marc
Marc E. Gustafson

Marc Gustafson has been litigating for 19 years. He focuses his practice on litigation, employment law, and mediation. 

Marc frequently advises clients on employment contracts, including non-compete, non-solicitation, and non-disclosure restrictions.  He also counsels clients on a host of employment issues, including discrimination claims, charges of wrongful termination, FMLA leave, reasonable accommodations under the ADA, and wage and hour law violations. 

In the courtroom, Marc represents clients in state and federal courts in lawsuits involving non-competition, trade secrets, race, gender and age discrimination, sexual harassment, retaliation, whistleblowing, wage and hour claims, and breach of employment contracts. Marc practices in the state, federal and appellate courts in North Carolina and Georgia and regularly appears before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and the North Carolina Employment Security Commission.

Marc has represented shareholders, managers, executives, and corporations in matters involving breaches of fiduciary duty, misappropriation of trade secrets, usurpation of corporate opportunities, breaches of contract, and fraud. Marc has also represented both employers and executives in internal investigations.

Marc sees his role as a counselor of law and works closely with his clients to develop a relationship that best represents their legal, financial, and personal interests.

Marc has had articles published in NC Lawyers WeeklyDeal Lawyers, and the Charlotte Observer. He has also been featured by the Charlotte Business Journal and the North Carolina Bar blog. Marc is a Business North Carolina Legal Elite, Super Lawyer and Martindale-Hubbell AV Preeminent rated attorney.

Marc is also active in the community, having served as an Elder at First Presbyterian Church, the Chair of the Mecklenburg County Bar Labor and Employment Section and the Chair of the Public Art Commission  He has also served on the board of the Arts and Science Council, the UNC Board of Visitors, the McColl Center for Art + Innovation, Common Grounds Farm Stand, the 24 Foundation, and the Spokes Group. Marc is an Eagle Scout.

Marc and his wife, Jane, have two young boys, Knox and William.

 

Education

University of North Carolina (B.S., 1997)

Indiana University School of Law (J.D., 2001)

Bar & Court Admittance

State Courts of North Carolina

State Courts of Georgia

United States District Court for the Western District of North Carolina

United States District Court of the Middle District of North Carolina

United States District Court for the Eastern District of North Carolina

The Fourth Circuit

The Eleventh Circuit

United States District Court of the Northern District of Georgia

 

Professional & Community Activities

Current

Board Member, 24 Foundation

Elder, First Presbyterian Church

Chair, Annual Fund Campaign Renaissance West Community Initiative

Past

Chair, Labor and Employment Section, Mecklenburg County Bar Association

Chair, Public Art Commission, Arts and Science Council

UNC Board of Visitors

Board Member, ASC Diversity and Inclusion Task Force

Board Member, McColl Center for Art + Innovation

Board Member, Common Grounds Farm Stand

Board Member,  Spokes Group

 

Awards

Best Lawyers in America in employment law - individuals and litigation - labor and employment (2019-2020)

U.S. News and World Report’s Best Lawyers in America, Employment Law – Individuals (2018), Litigation – Labor and Employment (2018)

Business North Carolina, Legal Elite, Employment (2015-2020)

Super Lawyers Rising Star (2011-2014)

Super Lawyers Employment (2017, 2019)

Martindale-Hubbell AV Preeminent Rated Attorney

Representative Experience

Litigated contentious matter involving multi-state businesses over non-compete and duty of loyalty issues

Resolved non-compete restrictions in employment contract, permitting employee to continue to work in industry

Advised companies on a host of employment issues including termination of employees, employment contracts and wage and hour disputes

Negotiated sale of limited liability interest to remaining partners of successful medical practice

Represented employee pension fund in sale of one of the largest tracts of commercial real estate remaining in Uptown Charlotte

 

Thought Leadership

Legal work is a marathon, not a sprint was published in NC Lawyers Weekly

The Worst Kept Secrets in Business was published on LinkedIn

Return To Work In A COVID-19 World was published on the Bell, Davis & Pitt blog

Loneliness in the Law was published on the NCBarBlog

The practice of law in the post-enlightenment period (in the midst of a pandemic) was published in NC Lawyers Weekly

Should You Enforce A Non-Compete Agreement with a Former Employee? was posted on the Greater Winston-Salem, Inc. blog

Is this an interview? Should lawyers interview with prospective clients? was published in NC Lawyers Weekly

Can Lawyers Be Good Samaritans? was published on the NCBarBlog

The Stages of a Lawyer's Vacation was published on the NCBarBlog

Slowing Down was published on the NCBarBlog

Everything I learned about being a lawyer I learned in retail was published in NC Lawyers Weekly

When the snark kicks in, cease and desist was published in NC Lawyers Weekly

A loser at the ballot box, but the experience made him a winner was published in NC Lawyers Weekly

Are you the lawyer you wanted to be wanted to be? was published by NC Lawyers Weekly

That advice sounds really good, maybe I was the one who gave it was published by NC Lawyers Weekly

Savoring the Good Times Can Breed More Success was published in NC Lawyers Weekly

Lawyers Operate in Different Universe from Clients was published in NC Lawyers Weekly

Telling Your Client’s Story was published in NC Lawyers Weekly

Pitching an Expedient White Lie can Create Lasting Skepticism was published in NC Lawyers Weekly