Brodie Erwin is a seasoned litigator with valuable trial experience. He has handled business and employment law matters for clients in multiple states and in various federal courts around the country. His experience includes litigating and counseling on all applicable federal and state employment statutes. A significant portion of Brodie’s practice is dedicated to both prosecuting and defending matters seeking injunctive and equitable relief related to restrictive covenants (including non-compete, non-solicitation, and confidentiality agreements), misappropriation of trade secrets, tortious interference, unfair competition, and other business-related claims.
Brodie has additional niche experience representing employers in actions brought by Occupational Safety and Health Administration (“OSHA”) enforcement agencies as well as defending employers in high-stakes whistleblower actions brought under federal statutes like the Sarbanes-Oxley Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the Surface Transportation Assistance Act in multiple jurisdictions.
In conjunction with his litigation and counseling practice, Brodie also conducts highly-sensitive investigations related to alleged executive misconduct on behalf of public and private client companies, assisting board members, in-house counsel, and chief compliance officers along the way. Through his counseling and investigation work, Brodie has advised employers on steps to assess, improve, and ensure a robust culture of compliance with applicable laws. Brodie prides himself on presenting his clients with creative, cost-effective solutions to litigation and workplace issues.
Prior to joining the firm, Brodie was an attorney in the Raleigh, North Carolina office of one of the largest labor and employment firms in the world.
Brodie is listed in the 2023 and 2024 editions of Chambers USA: America's Leading Lawyers for Business in the area of Labor & Employment. Brodie has been recognized by The Best Lawyers in America® for Management Labor and Employment Law and Labor and Employment Litigation every year since 2021. He was named a North Carolina "Legal Elite" in 2016-2023 for Employment Litigation by Business North Carolina magazine. Brodie was recognized as a North Carolina “Rising Star” in the area of Employment Litigation: Defense in 2018-2022 by Super Lawyers magazine. North Carolina Lawyers Weekly named Brodie to its "Power List" for Employment Law in 2021 and 2023-2024.
Experience
Lead attorney in numerous matters involving restrictive covenants (including noncompete, non-solicitation, anti-raiding, and non-disclosure agreements), the misappropriation of trade secrets and other confidential information, and other tort claims related to unfair competition.
Lead attorney in numerous cases involving alleged employment discrimination and wrongful termination.
Obtained summary judgment in federal court in North Carolina on behalf of large automotive network against former employee alleging wrongful termination on the basis of race. Deploying an aggressive approach to discovery, Kilpatrick was able to develop evidence not only supporting that the client rightfully terminated the individual for sexual assault but that he also planned to purchase a vehicle for individuals willing to testify on his behalf.
Lead attorney for large corporation in complex litigation spanning multiple continents, where a foreign national was accused of unlawfully misappropriating 350,000 files containing the client’s most sensitive trade secrets for the benefit of a U.S.-based competitor. Through intense litigation efforts, against multiple law firms retained by the former employee and his new employer, Kilpatrick was able force an early settlement with terms favorable to the client. The terms leading to settlement included a substantial monetary payment to the client and agreement by both the former employer and the corporate defendant to non-solicitation provisions spanning multiple countries.
Obtained a preliminary injunction against the largest health and hospital system in Wake County, North Carolina, precluding it from enforcing overbroad restrictive covenants against a highly specialized cardiac electrophysiologist, and his new employer, allowing him to continue servicing patients in critical need of sophisticated medical care.
Successfully represented aviation client before North Carolina OSHA, resulting in a 75% reduction in original penalties levied for alleged toxic exposure and other safety violations.
Defeated large corporation’s plea for injunctive relief against former executive working for a North Carolina-based employer in the Delaware Court of Chancery.
Defeated private equity backed corporation’s bid to enjoin North Carolina-based defense manufacturing firm from conducting business and employing former employees in the Philadelphia Court of Common Pleas, Commerce Division.
Obtained early dismissal of multi-count employment complaint alleging disability discrimination in the U.S. District Court for the Eastern District of Virginia.
*Obtained a complete trial victory for the defense in a $5 million restrictive covenant case involving competing pharmaceutical consulting firms in the U.S. District Court for the Eastern District of North Carolina.
*Obtained outright early dismissal in federal court in Virginia for one of the country’s largest defense manufacturing firms in whistleblower case alleging violations of the Sarbanes-Oxley Act and the Dodd-Frank Wall Street Consumer Protection Act.
*Victorious in oral argument before the North Carolina Court of Appeals, convincing the court to uphold early dismissal of multi-claim employment complaint filed against large U.S. company operating chain of boating supply and fishing retail stores.
*Obtained early dismissal at the U.S. Department of Labor of complex Dodd-Frank whistleblower complaint alleging shareholder fraud in the U.S. operations of a multi-national conglomerate producing fire-safety and security equipment for commercial buildings.
*Obtained summary judgment in the North Carolina Business Court, ultimately affirmed by the North Carolina Supreme Court, in favor of a large international company in a complex case brought under the North Carolina Trade Secret Protection Act alleging theft of a structural adhesive formula.
*Obtained numerous dismissals of complaints filed before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, and various state agencies.
Serves as pro bono counsel to the Boys and Girls Clubs of Wake County, one of Raleigh’s oldest 501(c)(3) organizations.
*Experience gained by attorney prior to joining Kilpatrick
Insights View All
Wake Forest University School of Law J.D. (2012) Order of the Barristers
Appalachian State University B.S. (2009) cum laude, departmental high honors
North Carolina (2012)
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the Eastern District of North Carolina
U.S. District Court for the Middle District of North Carolina
U.S. District Court for the Western District of North Carolina
U.S. District Court for the Western District of North Carolina - Honorable Frank D. Whitney
Boys and Girls Club of Wake County, Board of Directors
Wake County Bar Association, Board of Directors (2016-2018)
WCBA Young Lawyers Division, President (2015-2016)
Wake Forest University School of Law, Rose Council (Young Alumni Board of Visitors)
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