Irving M. Brenner Partner

Irving focuses his practice on corporate and commercial litigation and intellectual property matters. He counsels clients and appears regularly in federal and state trial and appellate courts (including the North Carolina Business Court and Delaware Court of Chancery) on commercial disputes, shareholder derivative actions, fraud and unfair business practice claims, trade secret misappropriation, patent and trade dress disputes; and covenants not to compete.

Irving clerked for the Honorable Edward N. Cahn of the U.S. District Court for the Eastern District of Pennsylvania.

While earning his undergraduate degree at the University of Virginia, Irving served as vice chairman of the Honor Committee and as president of the McIntire School of Commerce. He was also the recipient of the prestigious Raven Award for Outstanding Contributions to the University in 1982.

Prior to attending law school, Irving worked as an accountant for Arthur Andersen & Co. and passed the Certified Public Accountants Examination.


Representation of director of hotel and management company in defense of claims of breach of fiduciary duty in the Delaware Court of Chancery.

Representation of the court-appointed Receiver of a private company alleged to have operated as a Ponzi and pyramid scheme involving losses of hundreds of millions of dollars to over 800,000 victims.

Representation of North Carolina furniture company in defense of design patent infringement claims.

Representation of clients in more than a dozen patent litigation matters involving various products and methods, including medical equipment, bulk inventory system, support apparatus for telecommunications equipment, textile machinery and a business method for the coordination of a product demonstration.

Representation as trial counsel in matters involving defense of nationwide and international claims of trade secret misappropriation, breach of fiduciary duty, and unfair trade practices involving the departure of numerous employees to compete against plaintiff.

Representation of officers and directors of a Fortune 500 company in shareholder derivative actions alleging unlawful “backdating” of stock options.

Representation of nominal defendant Duke Energy Corporation and several of its current directors in a shareholder derivative action in North Carolina Business Court, which arose from Duke's 2006 sale of an interest in its indirect subsidiary, Crescent Resources, LLC. The Business Court granted the defendants’ motion to dismiss. Curtis v. Barnet, et al (10 CVS 21196 - Mecklenburg County).

Representations of special litigation committees of the boards of directors of financial services companies in connection with investigations of allegations of wrongdoing by former officers in derivative actions.

Co-counsel in representation of national financial company in defense of complex ERISA class action.

Representation as counsel for plaintiff manufacturer against sales company on claims of breach of contract, Lanham Act violations and fraud. Trial verdict for plaintiff including award of punitive damages.

Representation of national financial companies in consumer class action alleging improper sale of insurance products in connection with loans.

Representation as counsel for plaintiff (former business associate of Dale Earnhardt) in intellectual property dispute over licensing agreement and alleged trademark infringement.

  • University of Virginia School of Law, JD, Order of the Coif, 1986
  • University of Virginia, BS, Commerce, 1982

Selected for inclusion in The Best Lawyers in America Commercial Litigation, Litigation-Labor & Employment, Woodward/White, Inc., 2013-2019

  • Pennsylvania
  • North Carolina
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