Bailey & Dixon LLP

5 Best Lawyers awards

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Awarded Practice Areas

Civil Rights Law Commercial Litigation Employment Law - Individuals Litigation - Labor and Employment

Biography

J. Heydt Philbeck concentrates his practice on complex civil litigation in the areas of civil rights, employment law, commercial litigation, contract disputes, unfair business practices, state and federal personnel law, constitutional law, 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" for four distinct practice areas: Civil Rights, Employment Litigation, Employment-Individuals, and Commercial Litigation. Mr. Philbeck has also listed one of the "Top 100 Lawyers in North Carolina" for four years (2009, 2014, 2015, 2019) by U.S. News' Super Lawyers based on peer ratings. Business North Carolina magazine has listed Mr. Philbeck as among North Carolina's "Legal Elite" (2007-present) 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" and has subsequently named him as a "Power Lawyer." In 2023, Mr. Philbeck was inducted as a fellow in the venerable College of Labor and Employment Lawyers, a premiere career honor for his practice area.

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.
Bailey & Dixon LLP

5 Best Lawyers awards

Bailey & Dixon LLP logo

Overview

  • Valparaiso University, J.D., graduated 1992

  • North Carolina, North Carolina Bar Association

  • American Association for Justice - Member
  • Everett Craven American Inn of Court - Member
  • Litigation Counsel of America - Charter Fellow
  • Melvin Belli Society - Fellow
  • National Employment Lawyers Association - Member
  • North Carolina Bar Association - Member
  • Wake County Bar Association - Member
  • North Carolina, North Carolina Bar Association
  • American Association for Justice - Member
  • Everett Craven American Inn of Court - Member
  • Litigation Counsel of America - Charter Fellow
  • Melvin Belli Society - Fellow
  • National Employment Lawyers Association - Member
  • North Carolina Bar Association - Member
  • Wake County Bar Association - Member
  • Valparaiso University, J.D., graduated 1992

Client Testimonials

Awards & Focus

Lawyer of the Year Badge - 2021 - Employment Law - Individuals
Named "Lawyer of the Year" by Best Lawyers® for:
  • Employment Law - Individuals, Raleigh (2021)
Recognized in The Best Lawyers in America® 2026 for work in:
  • Civil Rights Law
  • Commercial Litigation
  • Employment Law - Individuals
  • Litigation - Labor and Employment
Special Focus:
  • Individuals
  • Labor and Employment
  • State and Federal
Awards:
  • Fellow, College of Labor and Employment Lawyers, (2023-Current)

  • Listed, Super Lawyer's "Top 100 Lawyer" for NC (2009, 2013, 2015, 2019)
  • Listed, North Carolina "Super Lawyers" by U.S. News (2006-Current)
  • Listed, Business North Carolina's "Legal Elite" (2007-Current)
  • Recipient, Lawyers Weekly's "Leader in the Law" Award (2013)
  • Martindale Hubbell "AV" Rated Lawyer (2005-Current)
  • Listed, Power Lawyer, N.C. Lawyers' Weekly (2023)

  • Named, Best Lawyers' "Lawyer of the Year" for Metro Area in Employment Law, (2021)

Case History

Cases
  • Biggs v. N.C. Dep't of Pub. Safety, 953 F.3d 236 (4th Cir. 2020).
Fourth Circuit recognized Sec. 1981 claim for reinstatement as state sovereign immunity exception for prospective remedial relief.
  • 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.

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