Biography
Kevin defends clients before administrative agencies such as the Equal Employment Opportunity Commission, the United States and North Carolina Departments of Labor, in state and federal courts, and in arbitrations. Kevin also guides management to ensure employment practices comply with all applicable statutes and regulations, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family, and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act, and workplace privacy issues.
Kevin has extensive experience in representing companies and senior employees in restrictive covenant matters involving non-compete and non-solicitation agreements, trade secrets matters, and other matters associated with departing employees. He regularly drafts, analyzes, and advises clients on these restrictive covenants and frequently litigates matters involving injunctions, motions, and trials involving non-compete, non-solicitation, confidentiality and trade secrets, and misappropriation matters. Kevin frequently litigates employee raiding, tortious interference, and unfair competition matters. He advises senior-level employees and executives on both onboarding and exiting issues, including the scope and enforceability of restrictive covenants, and will litigate these matters on behalf of the high-level employees.
Areas of Focus
+Employment
- Defends charges of discrimination against employers, including on-site investigations, witness interviews, drafting position statements for submission to the Equal Employment Opportunity Commission, and mediating cases.
- Drafts and revises employee handbooks and employment policies to ensure compliance with all applicable laws.
- Counsels clients on wage and hour requirements under the Fair Labor Standards Act and North Carolina Wage and Hour Act, including analysis of minimum wage and overtime obligations and structuring pay practices to avoid wage liability.
+Data Privacy & Information Security
- Advises clients on handling security breaches and compliance with the North Carolina Identity Theft Protection Act.
- Represents companies and individuals involving non-competition and non-solicitation covenants, trade secrets, and other matters associated with departing employees.
- Advises regarding non-competition and non-solicitation covenants in employment contracts and other business agreements, as well as a wide variety of other strategies for the protection of key employees, customer relationships, and proprietary information.
+Executive Compensation
- Aiding employers in the design, modification, and termination of executive employment agreements and executive compensation agreements.
- Advising senior executives on employment agreements, restrictive covenants, onboarding, and exiting.
+Policies, Contracts, & Handbooks
- Reviews handbooks, policies, and termination issues; a regular speaker on employment matters.
+Litigation Avoidance Counseling
- Kevin works regularly with clients to analyze the risk of litigation presented by a termination, transfer, discipline, or layoff situation and provides practical advice on how to structure such events to position the employer with the best defense to any claim the employee might make.
- Kevin frequently litigates all types of restrictive covenant matters, including non-competition and non-solicitation covenants, trade secrets theft allegations, breach of fiduciary duty and tortious interference claims, and employee raiding cases.
+Administrative Employment Law
- Advises employers on rules and regulations enforced by state and federal administrative agencies, including the Equal Employment Opportunity Commission, U.S. Department of Labor, N.C. Department of Labor, and National Labor Relations Board
- Represents employers in the defense of investigations and audits by state and federal administrative agencies
+Employment Litigation
- Defends employers in lawsuits by individuals and government agencies involving all types of employment laws, including claims of harassment, discrimination, and retaliation
- Litigation defense experience in sexual harassment, wage and hour, and discrimination lawsuits involving claims of race, age, sex, religion, national origin, and disability discrimination
- Extensive experience representing both plaintiffs and defendants in non-competition and non-solicitation restrictive covenant lawsuits, trade secrets lawsuits, and other departing employee claims, including litigation over temporary restraining orders and other emergency injunctive relief
- Experienced in defending wage and hour class action and collective action lawsuits
Credentials
+Certifications & Specializations
Certified Yellow Belt in Legal Lean Sigma by the Legal Lean Sigma Institute®
+Education
Campbell University, JD, 2006
North Carolina State University, BS, 2001
+Notable Accomplishments
Recognized in The Best Lawyers in America (Employment Law), 2023
Recognized as a Leading Attorney by Chambers USA: America’s Leading Lawyers for Business (Labor & Employment), 2022
Ranked among Super Lawyers magazine’s North Carolina “Rising Stars” (Employment & Labor), 2012-2016
Ranked in Business North Carolina magazine’s “Legal Elite” (Employment) 2015, 2016, 2017, 2019, and 2022
Recognized as a Leading Attorney by Chambers USA: America’s Leading Lawyers for Business (Labor & Employment), 2017-2021
Campbell Law Review, Executive Editor
+Professional & Community Activities
Greater Raleigh Chamber of Commerce, Leadership Raleigh; Class 29 Chair; Class 28 member; Leadership Raleigh Alumni Association Board (June 2013-June 2019)
SAFEchild, Board of Directors (June 2014 – June 2021)
The Raleigh School, Board of Trustees (June 2021 – Present)
Legal Counsel to Board of Trustees (August 2017-June 2021)
Wake County Citizens’ Energy Advisory Commission, Member (April 2014-March 2016)
North Carolina Bar Association Wake County Bar Association
