Bar Admissions

North Carolina

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

Profile

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.

Honors & Awards

  • 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

Experience

Experience

  • Wage and Hour Litigation

  • Represents a national fast-food chain in defense of a wage-and-hour class action consisting of more than 5,000 employees who assert claims of off-the-clock work.

  • Represents a state agency in defense of a wage-and-hour class action consisting of more than 15,000 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 and Employment Litigation

  • 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.

  • Represents a startup biotechnology company in defense of claims of trade-secret misappropriation and other business torts.

  • Represents a public company in defense of a multimillion-dollar lease dispute in the North Carolina Business Court.

  • 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.

  • Regularly represents employers in defense of claims of employment discrimination, retaliation and wrongful discharge.

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