J. Heydt Philbeck concentrates his practice on complex civil litigation in the areas of commercial litigation, employment law, contract disputes, unfair business practices, state and federal personnel law, constitutional law, civil rights and occupational licensing. Mr. Philbeck is an experienced trial advocate who has tried over 100 jury and bench trials to verdict. He has successfully represented clients before the North Carolina Supreme Court, the North Carolina Court of Appeals and the United States District Court for the Fourth Circuit in Richmond, Virginia. Additionally, he has appeared for clients in the United States District Court for all three federal districts in North Carolina.
Mr. Philbeck's legal abilities and ethics have been recognized by his peers who voted him in "Best Lawyers in America" (Woodard/White) for Commercial Litigation (2010-Present) and for Employmnet Litigation (2012-Present). Mr. Philbeck has also named as one of the "Top 100 Lawyers in North Carolina" for three years (2009, 2014, 2015) by Law & Politics based on peer ratings. Business North Carolina magazine has listed Mr. Philbeck as among North Carolina's "Legal Elite" (2007-2013) and Law & Politics has listed him as a "North Carolina Super Lawyer" (2006-Present) based on peer ratings. In 2013, Lawyers' Weekly named Mr. Philbeck as a "Leader in the Law." In 2005, the Triangle Business Journal has named him as a top "40 under 40" Leadership Award recipient.
Mr. Philbeck regularly volunteers services pro bono for such programs as Project Together, which provides representation for victims of domestic abuse. He also mentors youth by serving as a judge for the Capital Area Teen Court program and as a judge for the Richard A. Lord Moot Court Competition at Campbell Law School. Mr. Philbeck has been a long time fellow at Leadership North Carolina, Leadership Triangle, and at the North Carolina Institute for Political Leadership.
Newberne v. Dept. of Crime Control & Public Safety, et al, 192 N.C.App. 703, 666 S.E.2d 195 (2008) — In a case of first impression, N.C. Court of Appeals held that plaintiff’s settlement of an administrative claim did not prejudice his ability to bring a Whistleblower claim in Superior Court even though the claim arose from the same termination.
Caldwell v. Johnson, Administrator of EPA, 289 Fed.Appx. 579 (4th Cir. 2008). — The first U.S. Court of Appeals case in nation to hold that Title VII retaliation standard announced in the U.S. Supreme Court’s landmark decision in Burlington Northern v. White applied to federal employees.
Trayford v. North Carolina Psychology Board, 619 S.E.2d 862 (2005); aff’d, 360 S.E.2d 462 (2006) — The North Carolina Supreme Court affirmed petitioner’s interpretation of statute over that of regulatory board, which interpretation is generally given substantial deference.
Newberne v. Dept. of Crime Control & Public Safety, et al., 359 N.C. 782, 618 S.E.2d 201 (2005) — A landmark North Carolina Supreme Court case for claims under the state Whistleblower Act.