R. Bryan Holbrook
Bryan Holbrook is a member of the firm’s SBA Loan Team, dedicated to advising employers on the inner workings of the complex CARES Act loan process during the COVID-19 coronavirus pandemic.
Bryan Holbrook is an associate in the firm’s Charlotte office where he focuses his practice on employment litigation and counseling. His counseling practice includes a particular emphasis on the Families First Coronavirus Response Act (“FFCRA”). Throughout the COVID-19 pandemic, Bryan has worked with countless employers to ensure compliance with the new obligations imposed by the Emergency Paid Sick Leave Act (“EPSL”) and the Emergency Family Medical Leave Act (“EFMLA”), while simultaneously managing the overlap with more traditional employment laws.
Bryan has been involved in the litigation of discrimination, retaliation, and wrongful termination claims in federal and state courts, where he has successfully defended claims arising under Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Family and Medical Leave Act; and claims for wrongful termination under state law. He also regularly defends clients with charges pending before the Equal Employment Opportunity Commission and parallel state agencies.
Bryan’s employment litigation efforts have resulted in four consecutive selections to the list of Virginia Super Lawyers® Rising Stars for Employment Litigation Defense (2017-2020). In 2019, he was also recognized as one of America’s Top 100 High Stakes Litigators®.
Bryan also devotes a portion of his practice to defending employers facing claims for vicarious tort liability, along with general business/commercial litigation matters. He has successfully obtained dismissal of intentional tort claims, including claims for assault and battery.
In addition, Bryan guides appropriate cases through mediation and appreciates the benefits that alternative dispute resolution affords to his clients. He utilizes technology to implement a unique, cost-effective, and proven approach to successful mediation, which has prompted numerous requests for training by opposing counsel. Bryan previously served on the Virginia Joint ADR Committee, which is comprised of leaders of The Virginia Bar Association and Virginia State Bar.
Bryan is delighted to join Fisher Phillips and is particularly excited about returning to North Carolina with his wife, Stacy, along with their dog and “pupalegal,” Lane.
- Obtained summary judgment for state agency facing Title VII claims for hostile work environment sexual harassment by former director.
- Obtained dismissal with prejudice of FMLA discrimination claims by former HR Director against former CEO/Owner of regional maintenance services company asserting individual “employer” liability.
- Obtained rare finding of no probable cause for national origin discrimination in claims asserted against condominium owner’s association.
- Assisted with successful defense of national restaurant chain facing claims for hostile work environment sexual harassment under Title VII and disability discrimination under the ADA, resulting in three-count defense verdict following four-day jury trial in federal court.
- Defended restaurant during on-site witness interviews by EEOC resulting in dismissal of hostile work environment sexual harassment allegations and parallel criminal charges.
- Drafted motion to dismiss for lack subject matter jurisdiction resulting in nuisance value settlement of Title VII/Fair Credit Reporting Act complaint on eve of trial, despite court's previous denial of summary judgment motion filed by prior counsel.
- Obtained nuisance value settlement for warehousing company and multiple officers facing 9-count complaint in federal court asserting claims for discrimination; harassment; and retaliation under federal and state law.
- Persuaded life insurance company to reinstate $3.0M policy and obtained dismissal of $3.0M negligence action against investment management company following policy lapse.
- Assisted in drafting global motion to dismiss all claims by over 200 plaintiffs in highly-publicized New England Compounding meningitis scandal in Massachusetts multidistrict litigation. Brief featured in National Law Journal.
Honors & Leadership
Honors & Awards
- America’s Top 100 High Stakes Litigators®, 2019
- Virginia Super Lawyers®, Rising Star, Employment Litigation: Defense – 2017-2020
- Young Lawyer’s Division liaison to the Virginia Bar Association/Virginia State Bar Joint Committee on Alternative Dispute Resolution, 2014-2019
- Southwest Virginia Co-Coordinator, Veterans’ Issues Task Force for the Virginia Bar Association, 2015-2017
- The Ted Dalton American Inn of Court, Roanoke, Virginia – 2014-2015
- Virginia Bar Association
- Ohio Bar Association
- Richmond Bar Association
- Professional Liability Attorney Network (“PLAN”)
- Daye Award, Appalachian State University – presented to students who assert: sincerity, loyalty, integrity, dedication, and stewardship)
- Walker Fellows Inaugural Member, Walker College of Business, Appalachian State University (top business students serving as liaison for Walker College)
- Richmond Bar Association
- Virginia Bar Association
- Virginia State Bar
- The Ted Dalton American Inn of Court (Roanoke)
- Salem Rotary Club
- Young Lawyers' Division liaison to the Virginia Bar Association/Virginia State Bar Joint Committee on Alternative Dispute Resolution, 2014-present
- Southwest Virginia Co-Coordinator, Veterans' Issues Task Force of the Virginia Bar Association, 2015-present
Seminars & Speaking Engagements
- NC Employment Law Update- Union County HR Association, September 2020
- FMLA Expansion Due to the Coronavirus Response Act Webinar- Union County Chamber--April 2020
- Coronavirus Issues, NCRLA, Charlotte, NC-- March 2020
- FMLA Master Class for Human Resource Professionals – Richmond, VA – February 2019
- Effective Use of Social Media: Defending EPL (and other) Claims – (Why Attorneys Have An Ethical Duty to be Tech Savvy!) – PLAN Rooftop, New York, NY – September 2017
- NC Lawyers Weekly, Bill Would Protect Biz Owners from COVID-19 Lawsuits, July 2, 2020
- Check, One-Two. Check, One-Two: Sounding Off in Favor of Employee Background Checks. Jul 25, 2016 • Long Term Care Counsel Blog
- Home Field Advantage? An Analysis of Workers’ Compensation Choice of Law and Choice of Forum Provisions in NFL Contracts, U. Cin. L. Rev. Vol. 81.2 (2013)
- University of Cincinnati College of LawJ.D., magna cum laude, Order of the Coif
- Appalachian State UniversityB.S., magna cum laude
- North Carolina
- Supreme Court of Virginia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Western District of Virginia