Madison B. Waller

Litigation Attorney
Ward and Smith, P.A.
Email mbwaller@wardandsmith.com
252.672.5592 Fax 252.672.5477
Post Office Box 867, New Bern, NC 28563-0867

Madison is a skilled member of the Firm's Litigation Practice Group, representing clients in complex commercial disputes across state and federal courts throughout North Carolina. With a strong background in handling a diverse array of legal issues, Madison regularly advocates for clients in high-stakes cases involving contract, regulatory, trademark and intellectual property, employment, environmental, and product liability disputes.

Known for her strategic insight, Madison provides practical, creative solutions to resolve business conflicts efficiently and effectively. She offers comprehensive guidance through all stages of litigation, from fact investigation and discovery to motions practice, settlement negotiations, trial, and appeals.

Before joining Ward & Smith, Madison served as a law clerk for the Honorable Louise W. Flanagan in the U.S. District Court for the Eastern District of North Carolina. Additionally, Madison gained valuable experience in business litigation at an international law firm.

Madison's commitment to delivering results for her clients, combined with her diverse legal experience, makes her a trusted advocate in resolving business disputes.

Education

  • J.D., with honors, University of North Carolina School of Law, 2016
  • B.A., with distinction, University of North Carolina at Chapel Hill, 2013

Representative Experience

  • Trial counsel for national retailer in a two-week trademark infringement and unfair competition lawsuit in the United States District Court for the Eastern District of North Carolina. 
  • Defended chemical manufacturing company and assisted in managing multi-district litigation involving over 900 cases related to PFAS exposure in the Aqueous Film-Forming Foams (AFFF) MDL
  • Represented a global healthcare company in patent infringement dispute
  • Represented various technology clients prosecuting and defending against breach of contract and licensing disputes 
  • Represented various companies in defending against wrongful termination, discrimination, non-competition, and trade secret claims.
  • Advised privately held company on local, multi-state, and federal laws and regulations in connection with the expansion of a new business program

Honors and Distinctions*

  • "Best Lawyers: Ones to Watch," Best Lawyers in America, 2023
  • North Carolina Pro Bono Honor Society, 2021 and 2023

Professional and Community Affiliations

  • North Carolina Bar Association

Admitted to Practice

  • North Carolina
  • U.S. District Court for the Eastern and Middle Districts of North Carolina

About Me

What I admire most about my clients… I greatly admire my clients' resilience, innovation, and commitment to achieving their goals, even in the face of complex legal challenges. Whether navigating high-stakes litigation or managing day-to-day business matters, they approach every situation with determination and a focus on long-term success. Their trust in my ability to provide strategic guidance and solutions is something I deeply value, and it inspires me to work tirelessly on their behalf to protect their interests and help them thrive. I am proud to partner with clients who are not only leaders in their industries but also dedicated to maintaining integrity and creating lasting impact.

The best thing about Ward and Smith is… The best thing about Ward & Smith is our deep-rooted connection to the communities we serve across eastern North Carolina. As a regional firm, we have the unique ability to combine our local insight with a broad range of expertise, enabling us to offer personalized, practical solutions for clients while maintaining the resources of a larger firm. The firm’s strong reputation in the community, combined with its commitment to both professional and personal growth, makes it an incredible place to work and a trusted partner for our clients. Our attorneys genuinely care about the success of our clients and are committed to building lasting relationships based on trust and results. The firm’s collaborative culture fosters innovation, allowing us to deliver exceptional service with a personal touch that sets us apart.

* Please see the following websites for an explanation of the membership standards for the following recognitions: www.bestlawyers.com; businessnc.com/special-sections/legal-elite/; and www.superlawyers.com/north-carolina.

An attorney‑client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement. The content of any unsolicited email sent to Ward and Smith, P.A., or to any of its attorneys at an email address available on this website, will not create an attorney‑client relationship and the contents of such unsolicited email shall not be considered confidential. Therefore, do not use this website or the email addresses available on this website to provide confidential information about yourself or a legal matter to Ward and Smith or any of its attorneys.

  • American Board of Trial Advocates
  • Legal Elite Business North Carolina 2024
  • Super Lawyers 2021
  • Recognized by Best Lawyers 2025
  • U.S. News Best Lawyers 2025
  • 2024 Chambers USA

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