R. Bryan Holbrook

Employment Litigation

Bryan is a seasoned litigator with first-chair trial experience. Known for his ability to develop clear strategies in complex cases involving novel issues, Bryan has represented clients in state and federal courts across the country, including cases in Alabama, Georgia, Illinois, Massachusetts, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Virginia, and Washington, D.C.

Bryan has been consistently recognized by Virginia Super Lawyers® as a Rising Star for Employment Litigation Defense, and in 2019 he was also recognized as one of America’s Top 100 High Stakes Litigators®.

While Bryan has litigated cases in virtually every area of employment law, he has significant experience representing employers facing claims of discrimination, harassment, retaliation, and wrongful termination. He has successfully defended claims arising under Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act (ADA); the Age Discrimination in Employment Act (ADEA); the Family and Medical Leave Act (FMLA); and various state laws. Bryan also defends employers facing claims for vicarious tort liability and has successfully obtained dismissal of intentional tort claims, including claims for assault and battery.

Bryan devotes a portion of his practice to general business/commercial litigation matters. In this regard, he represents employers pursuing claims for breach of contract and unfair competition, including claims for misappropriation of trade secrets and breach of non-compete and other restrictive covenants.

Employment Counseling and Workplace Investigations

As the son of a Human Resources Director, Bryan recognizes that the best lawsuit for an employer is the one that is never filed. In this regard, Bryan routinely works with employers to manage employee performance through the creation and consistent application of company policies designed to avoid claims of discrimination, harassment, retaliation, and denial of leave or reasonable accommodations. Bryan advises clients in responding to complaints of this nature when they do arise, and, when called upon, conducts internal investigations as an independent fact finder on behalf of companies.

Alternative Dispute Resolution

Bryan understands that prolonged litigation is not always a “winning” strategy or the best business solution. As such, he guides appropriate cases through mediation or arbitration 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 continuing legal education or “CLE” 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.