J. Heydt Philbeck practices in the areas of civil rights, employment law, contract disputes, unfair business practices, state and federal personnel law, constitutional law, and occupational licensing. His cases have garnered the attention of both national and international media, including personal appearances on such national programs as Fox & Friends, Tucker Carlson Tonight, and The Ingraham Angle.
His primary practice area focuses on the representation of employees and individuals who have been harmed by the actual or prospective illegal actions of others. He has represented individuals from all walks of life, including professors, doctors, lawyers, judges, teachers, nurses, law enforcement officers, state employees, state agencies, federal employees, unemployed, and homeowners and small-business owners, among others. He is an experienced trial advocate who has tried over 100 trials to verdict. He has successfully represented clients before the North Carolina Supreme Court, the North Carolina Court of Appeals and the United States District Court for the Fourth Circuit in Richmond, Virginia. Additionally, he has appeared for clients in the United States District Court for all three federal districts in North Carolina. Philbeck is a Board Certified Specialist in Employment Law by the North Carolina State Bar.
In 2023, Philbeck was inducted as a fellow in the venerable American College of Labor and Employment Lawyers. His legal abilities and ethics have been recognized by his peers who voted him for inclusion in "Best Lawyers in America" (Woodard/White) (2010-Current) for four individual practice areas: Civil Rights, Employment Litigation, Employment Law, and Commercial Litigation. Based on peer ratings, Law & Politics has listed Philbeck as a "Top 100 Lawyers in North Carolina" for numerous years (2009, 2014, 2015, 2019, 2026). Business North Carolina magazine has listed him as among North Carolina's "Legal Elite" for almost 20 years (2007-Current) and Law & Politics has listed him as a "North Carolina Super Lawyer" for more than 20 years (2006-Current) based on peer ratings. Lawyers' Weekly publication has recognized him as a "Leader in the Law" for overall contributions and impact for North Carolina jurisprudence and community. In 2005, the Triangle Business Journal has named him as a Top "40 under 40" Leadership Award recipient. North Carolina Lawyers’ Weekly has also listed him for multiple years as a “Power Lawyer” for the employment law practice area. He is a fellow in the Melvin M. Belli Society and a member of the Million-Dollar and Multi-Million Dollar Advocates Forums.
He regularly volunteers services pro bono for such programs as Project Together, which provides representation for victims of domestic abuse. He also mentors youth by serving as a judge for the Capital Area Teen Court program and as a judge for the Richard A. Lord Moot Court Competition at Campbell Law School. He has been a long time fellow at Leadership North Carolina, Leadership Triangle, and at the North Carolina Institute for Political Leadership Education: Elon University, B.S., Magna Cum Laude; President of Student Government (1987-1988); Externship: U.S. Senate Foreign Relations Committee (Summer, 1987), 1989 Georgetown University, Certificate, Engalitcheff Institute of Comparative Political and Economic Systems, 1987; Valparaiso University, School of Law, J.D.; Externship: Hon. Sidney S. Eagles, Jr., North Carolina Court of Appeals (Summer, 1990);
Jurisdictions Licensed North Carolina State Bar United States Supreme Court United States Court of Appeals for the Fourth Circuit United States District Courts for the Eastern, Middle, and Western Districts of North Carolina United States Court of International Trade United States Tax Court
Reported Cases: Biggs v. N.C. Dep't of Pub. Safety, 953 F.3d 236 (2020) (Court established that sovereign immunity inapplicable to Section 1981 claims seeking reinstatement under the Ex Parte Young exception); Newberne v. Dept. of Crime Control & Public Safety, et al 192 N.C. App. 703, 666 S.E. 2d 195 (2008) (In a case of first impressions, N.C. Court of Appeals held that plaintiff's settlement of an administrative claim did not prejudice his ability to bring a Whistleblower claim in Superior Court even though the claim arose from the same termination); Caldwell v. Johnson, Administrator, EPA 289 Fed. Appx. 579 (4th Cir. 2008) (Unpublished) (first U.S. Court of Appeals case in nation to hold that Title VII retaliation standard announced in the U.S. Supreme Court's landmark decision in Burlington Northern v. White applied to federal employees); Trayford v. North Carolina Psychology Board 619 S.E. 2d 862 (2005), aff'd, 360 S.E. 2d 462 (2006) (Court affirmed petitioner's interpretation of statute over that of regulatory board, which interpretation is generally given substantial deference); Newberne v. Dept. of Crime Control & Public Safety, et al 359 N.C. 782, 618 S.E. 2d 201 (2005) (landmark North Carolina Supreme Court case for claims under the state Whistleblower Act).
Professional Affiliations: American Bar Association; American Association for Justice; National Employment Lawyers Association Southern Trial Lawyers Association; North Carolina Bar Association; Wake County Bar Association; Melvin Belli Society; College for Labor and Employment Lawyers; Litigation Counsel of America; Multi-Millon Dollar Advocates Forum; Leadership North Carolina; North Carolina Institute for Political Leadership
