Sowell & DuRant, LLC

Sowell & DuRant is a leading litigation firm with the experience and skills to perform for their clients with analytical, trusted, and exceptional service. Thornwell “Biff” Sowell and Bess J. DuRant started their practice in 2018.

Sowell & DuRant focuses on general commercial litigation, complex business disputes, corporate governance, trust and estate litigation, appeals, mediation, and arbitration.

Complex Business Disputes

Sowell & DuRant handles external and internal company disputes and have represented numerous types of parties. Some of the cases include the following:

·Shareholder disputes and shareholder oppression

·Direct and derivative corporate litigation

·"Bet-the-Company” litigation

·Antitrust and unfair trade litigation

·Fraud and business torts

·Dissolution of corporations or LLCs

·Dissociation of shareholders or members

·Judicial removal of officers, directors, and managing members

·General corporate or LLC disputes

Corporate Governance

Sowell & DuRant offers advice to companies to help them avoid protracted litigation.They help companies, boards of directors, and shareholders with the following:

·Director and officer liability

·Outside general counsel

·Employment matter

·Fraud

·Insurance coverage

·Business contracts and transactions

·Contracts, non-compete agreements, non-disclosure and non-disparagement agreements

·Insolvency ramifications and creditor’s rights

Trust & Estate Litigation

Some of the cases in which we help plaintiffs and defendants are:

·Will contests

·Trust contests

·Breach of fiduciary duty by personal representatives

·Valuation of assets

·Power of attorney abuse and fraud

·Misappropriation or waste of assets

·Removal of personal representative

·Conservatorships

·Joint bank account litigation

·Undue influence claims

Appeals

The members of Sowell & DuRant have handled approximately 75 appeals in one form or another, including direct appeals in state and federal courts, petitions for certiorari in the South Carolina Supreme Court and the United States Supreme Court.They have also filed and prosecuted petitions for writ of mandamus in both state and federal appeals courts.

They have orally argued over half of these appellate filings, to include oral arguments in the South Carolina Court of Appeals, South Carolina Supreme Court, United States Court of Appeals, Fourth Circuit, and United States Court of Appeals, Federal Circuit.Their members belong to the bars of the United States Courts of Appeals for the Fourth and Federal Circuits and the United States Supreme Court.

Biff has been recognized for his appellate skills in Benchmark Litigation and has chaired South Carolina Bar seminars on Appellate Advocacy.

Bess is a member of the Trial & Appellate Advocacy Section Council for the South Carolina Bar.Additionally, she is the chosen lawyer for the South Carolina for Premier Appellate Lawyers.

Mediation & Arbitration

Mediations and arbitrations have subsumed a substantial segment of cases formerly litigated in courtrooms.Sowell & DuRant have been mediating and arbitrating for decades.However, they also serve as mediators and arbitrators.Biff has served as arbitrator in a number of multi-party construction and commercial business disputes. Biff and Bess are Supreme Court of South Carolina certified mediators and arbitrators. Biff has been a mediator for 30 years and has mediated as a neutral in excess of 950 cases.

Biff and Bess are members of the Dispute Resolution Section of the South Carolina Bar.Biff is a former chairman of the Dispute Resolution Section of the South Carolina Bar and recipient of the Cotton Harness Award for service to the practice of Dispute Resolution.

Bess has been appointed by the SC Supreme Court to serve on the Commission on Alternative Dispute Resolution.She also is a member of the Dispute Resolution Section of the South Carolina Bar. Bess also is an adjunct professor at the University of South Carolina Law School where she teaches ADR.

Contact

Sowell & DuRant’s office is in Columbia, South Carolina.They practice throughout the State of South Carolina and the United States District Court for the District of South Carolina.They also appear pro hac vice in another jurisdictions.They handle appeals in not only the state appellate courts but also the Fourth Circuit Court of Appeals and are licensed in the United States Supreme Court.Biff and Bess are members of the firm and have added Caroline Gimenez-Kaushik, a former law clerk to the Honorable Tim Cain of the U.S. District Court.Bess is the managing partner.The Firm’s contact information follows:

Sowell & DuRant, LLC

1325 Park Street, Suite 100

Columbia, SC29201

(803) 722-1100

Biff Sowell- [email protected]

Bess DuRant- [email protected]

Caroline Gimenez-Kaushik- [email protected]

www.sowelldurant.com