Overview
Brendan Biffany represents clients in complex commercial and employment disputes. He has a broad range of experience litigating significant disputes and class actions in state and federal courts on appeal and before administrative agencies, such as the Equal Employment Opportunity Commission and the U.S. Department of Labor. In addition to his litigation practice, Brendan counsels employers on labor and employment issues.
Brendan spends a substantial portion of his time litigating cases involving allegations of employment discrimination, wrongful discharge, misappropriation of trade secrets and breaches of covenants not to compete. In addition, he has particularly deep knowledge of state and federal wage and hour laws and regularly represents employers in defense of class actions alleging violations of those laws. In one recent wage and hour case, Brendan successfully petitioned the Fourth Circuit Court of Appeals to review a district court’s decision certifying a 5,000-employee class action, argued the appeal and successfully had the class certification order vacated.
Experience
Wage & Hour Litigation
- Successfully obtained interlocutory review of class certification decision and thereafter argued appeal and obtained ruling vacating class certification in wage and hour action consisting of more than 5,000 employees who asserted claims of off-the-clock work.
- Represents a state agency in defense of a wage and hour class action consisting of more than 20,000 employees who together assert claims for tens of millions of dollars in damages.
- Represents a national fast-food chain in defense of a wage and hour collective action asserting misclassification claims.
- Represents a regional brewing taproom in defense of a wage and hour class action by tipped employees who allege tip credit violations.
Business & Employment Litigation
- Represents a research company in a putative class action involving alleged violation of the WARN Act.
- Represents a global science company in a complex employment dispute involving allegations of failure to promote, retaliation and wrongful discharge.
- Obtained summary judgment for an employer in an action by a former employee who alleged he was discharged in retaliation for engaging in protected activity.
- Represented a startup biotechnology company in defense of claims of trade secret misappropriation and other business torts.
- Represented a public company in defense of a multimillion-dollar property dispute in the North Carolina Business Court.
- Regularly represents employers in defense of claims of employment discrimination, retaliation and wrongful discharge.
- Represents executives and physicians in separation-related disputes, including securing millions of dollars in cash and incentive compensation for a public company executive upon her separation from her employer.
Accolades
Honors & Recognitions
- The Best Lawyers in America, One to Watch, bankruptcy and creditor debtor rights/insolvency and reorganization, commercial litigation, 2023-26
- High Point University, Ten Under Ten Young Alumni Award, 2024
News & Events
News
Events
Insights
Publications
Practice Areas
Education
Duke University, J.D., summa cum laude, 2019; Valedictorian; Order of the Coif; Editor, Duke Law Journal
High Point University, B.S. summa cum laude, 2014
Bar Admissions
- North Carolina
