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Julie Jeffords Moose

Shareholder | Florence, SC |

jmoose@turnerpadget.com   |   vcard   |   843-656-4418

Biography

Julie Moose began her legal career after practicing as a certified public accountant for two years. During her first two years of law practice, she participated in a training program that allowed her to gain valuable experience in all areas of the legal profession. Upon rotating out of the program, Julie served as southeast and national counsel for several large clients and handled multi-state litigation before state and federal courts. In 1993, Julie returned to her hometown of Florence, South Carolina, opened a new office for her firm and continued developing her legal skills in her representation of large corporations, small businesses, and individuals.

After receiving an accounting degree from Clemson University, Julie went on to earn her license as a certified public accountant. In light of this experience and training, Julie is well positioned to handle matters involving complex accounting, financial and business issues. She understands the economic and financial issues facing her clients and the importance of reaching a resolution to any dispute that maximizes return and profitability. With that in mind, she works closely with clients to develop creative solutions, analyze the costs and benefits associated with available options, and determine the most effective and efficient way to address and resolve business issues and disputes. Julie strives to provide the best legal representation for her clients based upon their ultimate end goals.

Julie spends the majority of her time managing accounting, financial, business and related cases. She has defended accountants in actions alleging professional negligence, and she counsels those faced with difficult client representation issues. She has also represented businesses with concerns arising from work performed by accountants. Julie has experience in a wide range of accounting actions, including actions involving audits, compilation and review engagements, financial statements, opinion letters, professional standards, accounting disclosures and withdrawal from engagement.

Julie represents businesses, shareholders, directors, and officers in a wide range of matters in both litigation and non-litigation contexts. She has represented majority and minority shareholders in shareholder and member disputes, buyouts, dissenters’ rights, corporate control disputes, squeeze-outs, intra-corporate conflicts, sale of control, corporate changes, amendment of shareholder rights, voting, sale of assets, value and fair value of stock or member interest and dissolution matters. She has provided counseling and assistance in drafting corporate and organizational documents, including but not limited to contracts, operating agreements, management agreements, bylaws, employment contracts, share transfer restrictions, notices of dissenters rights, bylaw amendments, notices to shareholders, demands for shareholder information, and notice of exercise of dissenters rights.

Julie believes in providing service above self to her family, church, profession, community, and country. Julie is serving as a Commissioner on the State Ethics Commission. She has been very active in the South Carolina Bar, currently serving on its Board of Governors and Strategic Planning Committee. Julie is Secretary of South Carolina Women Lawyers Association and will serve as Treasurer in 2015. She is a member of the Lawyers Fund for Client Protection Committee, previously serving as chair. Julie served for six years on the Supreme Court Commission on CLE and Specialization. In addition to her work in the South Carolina Bar and other professional associations, Julie is committed her community. She has served in leadership positions for the Junior League, school boards and parent-teacher associations, her church, and the Florence Rotary Club, among others.

Representative Matters

Accounting Malpractice

  • Represented a regional accounting firm and two of its members in an accounting malpractice action filed by three former clients’ bankruptcy trustee, several actions and a putative class action filed by the former clients’ investors, and an action filed by one of the former clients’ officers in federal court in South Carolina. Julie asserted claims on behalf of the accounting firm against the former clients and their officers and directors. The allegations included that the accounting firm failed to appropriately perform its audit in accordance with applicable professional standards and to disclose the true financial condition of the companies. The plaintiffs sought damages in excess of $200 million.
  • Served as counsel to accounting firms in connection with alleged professional negligence claims involving errors in compiled financial statements. Prior to the filing of one lawsuit, Julie negotiated a settlement of a claim the accounting firm incorrectly reported accounts payable. In another action, Julie settled claims that the accounting firm failed to detect the embezzlement of funds by the company’s bookkeeper.

Shareholder Disputes

  • Represented a corporation in an action seeking specific performance, a declaratory judgment, and damages for breach of contract, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and intentional interference with contractual relations in connection with a shareholder agreement.  At issue was the value of corporation’s shares of stock which were being purchased pursuant to the terms of the shareholder agreement.  The defendant asserted counterclaims and third party claims against the corporation and its’ officers and directors for involuntary and judicial dissolution, breach of fiduciary and statutory duties, declaratory judgment and reformation, fraud, restitution and unjust enrichment, and breach of contract.  Julie used her accounting background in the analysis of valuation and damages issues.  A favorable settlement was reached following extensive written discovery and appraisals but prior to the taking of depositions.
  •  Successfully represented a minority shareholder in an action seeking damages for the other shareholders’ attempts to squeeze out and oppress the minority shareholder. Julie defended claims that her client failed to fulfill his duties as an officer and director.Causes of action included breach of fiduciary duty, breach of statutory duty of corporate officers and directors, fraud, breach of contract, breach of contract accompanied by fraudulent act, specific performance of a stock redemption agreement, entitlement to dissenters’ rights and corporate dissolution. Julie was able to negotiate a favorable buyout of her client’s stock.
  • Represented a limited liability company, its members and a successor entity in an action filed by a distributor claiming a membership interest in the limited liability company. The claims included breach of contract, tortious interference with contract, negligent misrepresentation, fraud, breach of fiduciary duty conversion, unjust enrichment and successor liability. Julie asserted counterclaims on behalf of her client for breach of contract, breach of the duty of loyalty, conversion, unjust enrichment, accounting and constructive trust, misappropriation, negligent misrepresentation and fraud.
  • Defended a closely held corporation and its president in an action filed by minority shareholders seeking an injunction precluding the holding of a noticed stockholders’ meeting and the stockholders’ adoption of amendments to the bylaws. Thereafter, the shareholders approved the amendments to the bylaws, and the minority shareholder filed an action seeking a declaration that the amendments limited those shareholders’ rights to vote and gave rise to dissenters’ rights and the right to demand fair value for their stock or, in the alternative, they sought dissolution of the corporation. The minority shareholder also alleged that the president’s acts constituted a breach of the fiduciary duties. The parties reached an agreement to resolve the matter prior to trial.


Securities Litigation

  • Represented a former treasurer and employee of a large public retail company in an action filed by the Securities and Exchange Commission pending in federal court in South Carolina, an action pending in federal court in New York filed by the company’s insurer, and an action pending in federal court in Florida filed by one of the company’s investors. The three actions involved claims that Julie’s client and other officers overstated in-transit inventory, the borrowing base under the company’s credit facility, and liquidity, thereby resulting in the advancement of additional loans that the company could not repay and the company’s bankruptcy. The claims asserted included negligent misrepresentation, violation of the Florida Securities Act, fraudulent inducement, civil conspiracy, violations of the Securities and Exchange Act. Claims were also asserted by the company’s bankruptcy trustee, unsecured creditor’s committee and lender. The damages sought by the various parties were in excess of $50 million plus prejudgment interest, attorneys’ fees and costs. Julie also represented  her client in connection with investigations and findings by the American Institute of Certified Public Accountants and the South Carolina Board of Accountancy. All claims were resolved.
  • Represented a securities broker and investment advisor in an action alleging violations of the South Carolina Securities Act, negligent misrepresentation, and violation of the South Carolina Unfair Trade Practices Act in connection with an investment.  The case was assigned to the business court.  Following the filing of Motions to Dismiss, the case was settled in mediation.
  • Represented a securities broker and certified financial planner in an action alleging violation of the South Carolina Securities Act and South Carolina Unfair Trade Practices Act, in addition to causes of action for breach of trust and conspiracy.  Following the granting of summary judgment on the South Carolina Securities Act and Unfair Trade Practices claims, the case was settled.


Business Litigation

  • Represented a soft drink manufacturer in an action seeking a declaratory judgment, specific performance, and damages in connection with the breach of a requirements contract.  The original purchaser to the requirements contract sold its assets, and the purchaser’s successor claimed that it was not required to purchase its requirements from the manufacturer because the Uniform Commercial Code permits a purchaser to reduce or vary its requirements in good faith, and the requirements contract was void because its execution was fraudulently induced.  Julie used her accounting and business background to tackle difficult accounting and damages issues, and a favorable settlement was reached on the fourth day of trial.
  • Defended a distributor and its president/owner in an action pending in state court in South Carolina alleging the wrongful termination of another distributor’s distribution agreement. The plaintiff distributor alleged that Julie’s clients conspired with a major oil company to drive it out of business and steal its customers. In addition to civil conspiracy, the plaintiff distributor alleged causes of action for tortious interference with contractual relations, intentional interference with prospective contractual relations, violation of the South Carolina Unfair Trade Practices Act, unfair competition and intentional infliction of emotional distress. The plaintiff distributor sought damages of approximately $8 million in lost profits and the value of its business, plus treble damages, attorneys’ fees and punitive damages. Julie utilized her accounting and business background in the analysis of the alleged lost sales, lost profits and value of the business. A favorable settlement was reached as trial was looming, but the claims asserted against the oil company were tried, and these claims were settled while the appeal was pending.
  • Counseled a construction company in an action pending in the U.S. Bankruptcy Court for the Western District of North Carolina following the bankruptcy of one party to a joint venture formed to construct a federal courthouse. The bankrupt joint venturer sought damages of more than $4.5 million, allegedly resulting from the fraudulent sale of an interest in a joint venture for less than reasonably equivalent value, breaching of the joint venture agreement and negligent misrepresentations. The case involved a warehouse full of construction and joint venture documents and information. Julie was able to work through difficult accounting and valuation issues to reveal flaws in the case, and a favorable settlement was reached.

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