Bradley R. Kutrow Partner

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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 by Chambers USA and listed by The Best Lawyers in America in seven different litigation categories: 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.

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.

Experience

  • Won appeal clarifying statute of limitations analysis for tort and Unfair Trade Practice claims in state Supreme Court.
  • Defeated putative nationwide class action under Homeowners Protection Act, obtaining appellate decision clarifying Act’s scope.
  • 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.
  • 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 breach of fiduciary duty claims asserted by hedge fund investors in arbitration.