Brent OE Clinkscale

Brent O.E. Clinkscale
Profile
Brent Clinkscale is a very experienced advocate in both trials and arbitrations. He
has tried numerous cases in both Federal and State courts. Brent’s concentration is
in business litigation, including both domestic and international arbitrations. He
has experience in the defense of complex business matters including class actions.
Brent is the head of litigation for Womble Carlyle’s Greenville office.
Areas of Practice
Commercial Litigation/
Domestic and International
Arbitrations/
Experience in Defense of
Class Actions and
Multi-District Litigation
Contact Information
Greenville, SC Office
864/255-5408 (phone)
864/255-5488 (fax)
[email protected]
Brent was selected to South Carolina Super Lawyers in 2008 through 2012 for his
experience in business litigation. Brent is a member of the 2011 class of the Lex
Mundi Institute for Cross Border Dispute Resolution; a member of the Fourth
Circuit Judicial Conference; a member of the International Association of Defense
Counsel (IADC); a Fellow of the American Bar Association; a Fellow of the
Litigation Counsel of America; Chairperson of the Womble Carlyle Diversity
Committee; Vice President of the South Carolina Supreme Court Historical
Society; a member of the Duke University Law School Board of Visitors; a
member of the Duke University Athletic Council; Chairperson of the Phillis
Wheatley Association Board; and former member of the Executive Committee and
former General Counsel of the Thurgood Marshall College Fund.
Brent received the Founders Award from the Thurgood Marshall College Fund in
2009 and was named 2004 Greenville Businessperson of the Year. He also
received the Leon Rice Award for service to the community from Womble Carlyle
in 2002.
Noted Representations
*Any result the lawyer or law firm may have achieved on behalf of clients in other
matters does not necessarily indicate similar results can be obtained for other
clients.
Successfully represented national insurance company in defeating class certification
based upon dual rate premiums and alleged violations of Sections 1981 and 1982.
Successfully represented national media company in dismissal of multi-million
dollar breach of fiduciary duty case by past shareholders of an acquired company.
Successfully represented the Governor of the State of South Carolina in threemonth reapportionment trial.
Successfully represented national media company in dismissal of lawsuit brought
by national personality for the sale of talk show program library.
Successfully represented national radio company in the dismissal of cases brought
under the Age Discrimination and Employment Act (ADEA).
Successfully represented county in dismissal of 42 U.S.C.A. § 1983 case based on
alleged use of excessive force leading to the death of inmate.
Successfully represented county in dismissal of prisoner class actions based on
mistreatment of prisoners.
Successfully brought numerous seizure actions for national apparel manufacturer in
trademark infringement actions.
Representative Cases
Rosa Belle Thorn, et al vs. Jefferson-Pilot Life Insurance Company, CIV.A. NO.
3:00-2782-10; Order dated December 12, 2004.
Clearwater Trust, et al vs. Media General Communications, Inc., et al., CIV. A.
NO. 02-42-1609, Order dated December 13, 2003.
Phillip J. Donahue vs. Multimedia, Inc., et al., 362 S.C. 331, 608 S.E.2d 162.
Colleton County Council v. McConnell, 201 F.Supp.2d 618 (D.S.C., Mar 20,
2002)(NO. CIV.A. 01-3581-10, CIV.A. 301-3609-10, CIV.A. 301-3892-10).
Sims v. Greenville County, 211 F.3d 1265, (Table, Text in WESTLAW),
Unpublished Disposition, 2000 WL 380122 (4th Cir. (S.C.), Apr 14, 2000)(NO. 991732).
Kenneth A. Dockins v. Benchmark Communications, 176 F.3d 745, 79 Fair Empl.
Prac.Cas. (BNA) 848, 75 Empl. Prac. Dec. P 45,806 (4th Cir.(S.C.), Mar 29,
1999)(NO. 98-1285).
Floyd v. Royal Ins. Co. of America, 993 F.2d 1536, (Table, Text in WESTLAW),
Unpublished Disposition, 1993 WL 169019 (4th Cir.(S.C.), May 20, 1993)(NO. 922284).
Professional Activities
Admitted to the bar, 1987, South Carolina. Admitted to practice before South
Carolina State Courts; United States District Court for the District of South
Carolina; Fourth Circuit Court of Appeals; Member, Fourth Circuit Judicial
Conference.
Civic Activities
Former General Counsel and Member Executive Committee and Board of
Directors, the Thurgood Marshall College Fund; Chair, Phillis Wheatley
Association; Chair, Womble Carlyle Diversity Committee September 2005 to
present; Life Member, Duke University Law School Board of Visitors; Member,
Duke Athletic Counsel; Former Member, United Way Alexis de Tocqueville
Society; Former Member, African-American Leadership Council of the United
Way; Former Member, South Carolina Council on Competitiveness; Past Chair,
Greenville Area Development Corporation (the economic development corporation
for Greenville County, South Carolina); Past member of the Executive Committee,
South Carolina Chamber of Commerce, September 1, 2004 through September 1,
2006; Past member of the Executive Committee, Duke University Alumni
Association; Past President, Greenville County Bar Association; Past Chair, South
Carolina Bar Trial and Appellate Advocacy Committee; Past Chair, Greenville
Hospital System Foundation Board of Directors.
Publications
Economic Incentives Necessary In Our Global Economy, The Greenville News,
December 14, 2003.
South Carolina State Court Under Batson v. Kentucky and Chavous v. Brown, The
Defense Line, Spring 1993, Vol. 21, No. 2.
Home Field Advantage: The Opening Statement That Closes, The Journal of the
Section of Litigation, American Bar Association, Vol. 27, No. 4, Fall 2000.
"Let's Fly A Flag Over Statehouse That Fully Represents All Of Us," The
Greenville News, August 16, 1999.
"GHS Foundation Expands Role Into The Community," The Greenville News,
December 7, 1997.
Leadership
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Former, General Counsel and Member Executive Committee and Board of
Directors, the Thurgood Marshall College Fund.
Chair, Phillis Wheatley Association.
Chair, Womble Carlyle Diversity Committee September 2005 to present.
Life Member, Duke University Law School Board of Visitors.
Member, Duke Athletic Counsel.
Member, United Way Alexis de Tocqueville Society.
Member, African-American Leadership Council of the United Way.
Member, South Carolina Council on Competitiveness.
Past Chair, Greenville Area Development Corporation (the economic
development corporation for Greenville County, South Carolina).
Past member of the Executive Committee, South Carolina Chamber of
Commerce, September 1, 2004 through September 1, 2006.
Past member of the Executive Committee, Duke University Alumni
Association.
Past President, Greenville County Bar Association.
Past Chair, South Carolina Bar Trial and Appellate Advocacy Committee.
Past Chair, Greenville Hospital System Foundation Board of Directors.
Education
B.A., Political Science, 1983, Duke University; Senior Leadership Award; InterFraternity Council; President, Kappa Alpha Psi Fraternity; Quarterback, Duke
University Football Team; 4-Year Athletic Scholarship; J.D., 1986, Duke
University School of Law; President, Duke Bar Association; Moot Court Board;
Moot Court Competition Dean's Cup Semi-Finalist; Dean's Counsel of Student
Advisors; Research Assistant/Judge Charles Becton; Intramural Championship
Basketball Team.
Prior Legal Experience
Counsel, former Speaker of South Carolina House of Representatives, the
Honorable Robert J. Sheheen, 1986-1988.
Law Clerk, Honorable Matthew J. Perry, U.S. Judge for the District of South
Carolina, 1988-1990.