Brad is a partner in the firm’s Commercial Litigation practice and member of the firm’s Appeals and Issues group. He has broad complex litigation experience, with emphasis on business torts, securities, products liability, and First Amendment litigation. He is ranked Band 1 by Chambers USA and listed by The Best Lawyers in America in eight different litigation categories: Appellate Practice, Bet-the-Company Litigation, Commercial Litigation, Banking and Finance, Securities, Personal Injury, Product Liability, and First Amendment. His clients include banks, financial services firms and manufacturers.
He has defended class actions in pretrial proceedings, at trial, and in appellate courts. He is also experienced in arbitration before American Arbitration Association, JAMS, and securities arbitration panels, and in related proceedings in trial and appellate courts.
He maintains an active appellate practice and was founding chair of the Appellate Practice Section of the North Carolina Bar Association. He is also a past chair of the NCBA’s Appellate Rules Committee, which serves as a liaison between the state’s appellate bench and bar. He has represented appellants, appellees and amici curiae in North Carolina’s appellate courts, arguing before the North Carolina Supreme Court five times. He is member of the Fourth Circuit Judicial Conference. His pro bono practice supports non-profit and startup newsrooms working to inform their communities across North Carolina.
Brad was a law clerk to the Honorable Joseph H. Young of the U.S. District Court for the District of Maryland. As an undergraduate at the University of North Carolina at Chapel Hill, he was the associate editor of The Daily Tar Heel and Outstanding Graduate of the School of Journalism.
- Won NC Supreme Court ruling that clarified statute of limitations analysis for tort and Unfair Trade Practice claims.
- Won affirmance of $10.6 million jury verdict on trade secrets, unfair trade practice, and contract claims in NC Court of Appeals.
- Defeated putative nationwide class action under Homeowners Protection Act, obtaining Fourth Circuit decision clarifying Act’s scope.
- Won protection under First Amendment’s Petition Clause for business’s speech to public officials during rezoning process in precedent-setting NC Supreme Court decision.
- Defeated multiple federal court class actions arising from mortgage lending and the foreclosure crisis.
- Successfully defended raw material supplier against fraud, negligent misrepresentation, unfair trade practice, and third-party beneficiary claims brought by a medical device manufacturer seeking $50 million in damages following a device recall.
- Defeated breach of fiduciary duty claims asserted by hedge fund investors in arbitration.
Events
- Presenter, "Recent North Carolina Business Court Decisions: Selected Decisions and Practice Pointers," Annual Business Court CLE, 2019-2021, 2023-2024
- Faculty, "How Badgerow May Shift the Balance of Power When Vacating or Confirming an Arbitration Award," Post-Arbitration Judicial Proceedings, Strafford CLE Webinar, June 16, 2022
- Panelist, "Government Enforcement in the Healthcare Industry," Healthcare Litigation and Business Trends Program, April 10, 2019
- Presenter, "Expert Discovery in State and Federal Court: Where’s the Ballpark and What Are the Ground Rules?," NC Bar Association’s Antitrust and Complex Business Dispute Section, February 7, 2013
- Panelist, "Religion and the Law," Davidson College Common Hour Series, with Karl A. Plank, Ph.D, November 13, 2012
- Moderator, "Preparing for Oral Argument," 2012 North Carolina Appellate Practice and Specialization Review, October 4, 2012
Insights
- Author, "In North Carolina, an unlikely champion of equity, 50 years ago," The Charlotte Observer, April 20, 2021
- Author, E-Discovery Update: No More Fishing Allowed!, McGuireWoods Legal Alert, September 6, 2016
- Co-author, "The Applicability of Privilege and Work Product Protection to Communications With Former Corporate Employees," The Litigator, August 2015
- Author, 11th Circuit Holds That Class Action Seeking Only Declaratory Relief May Be Removable Under Class Action Fairness Act, McGuireWoods Legal Alert, February 27, 2014
- Author, "Expert Discovery Issues in State and Federal Court," Antitrust & Complex Business Dispute News, Antitrust & Complex Business Disputes Law Section of the North Carolina Bar Association, January 2013
- Author, "A More Limited Role for the General Objection in Discovery Responses," The Litigator, February 6, 2012
- Author, Rule 502 – Applying The Inadvertent Disclosure Test to E-Discovery, McGuireWoods Legal Alert, August 26, 2009
- Author, Fourth Circuit Adopts New Injunction Standard, McGuireWoods Legal Alert, August 6, 2009
- Author, Metadata and Its Parent Document: Falling Far From the Tree, McGuireWoods Legal Alert, March 30, 2009
- Author, Play Nice or Pay the Price: Aggressive Discovery Tactics Can Prove Costly, McGuireWoods Legal Alert, October 15, 2008
- Author, The Search for Nothing: How A Company’s Document Destruction and Retention Protocol Defeated a Motion to Compel Dorn-Kerri v. South West Cancer Care, McGuireWoods Legal Alert, October 6, 2008
- Author, "The Economic Loss Rule Revisited," The Litigator, January 31, 2008
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- Named “Lawyer of the Year,” Charlotte, Litigation – Banking and Finance, 2021, 2024, 2026; Litigation – Securities, 2022, 2025, Best Lawyers
- Selected for inclusion in Best Lawyers in America, Appellate Practice, 2026; Bet-the-Company Litigation, Commercial Litigation, Litigation – Banking and Finance, Litigation – First Amendment, Litigation – Securities, Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants, 2013-2026
- Recipient, “Freedom of the Press Pro Bono Award,” The Reporters Committee for Freedom of the Press, 2025
- Selected for inclusion in Leading Lawyers, Litigation: General Commercial, North Carolina, Chambers USA, 2007-2025
- Selected as Icon, “2024 Icons & Phenoms Awards” North Carolina Lawyers Weekly, 2024
- Named to “North Carolina Super Lawyers,” Business Litigation, Civil Litigation Defense, Personal Injury Defense: Products, Super Lawyers, Thomson Reuters, 2006-2025
- Named to “Legal Elite,” Appellate, Business North Carolina, 2019, 2021, 2023
- Honoree, North Carolina Lawyers Weekly, Leaders in the Law, 2018