Stephen Feldman concentrates his practice in complex litigation, antitrust, and appeals. He partners with businesses on their most important legal matters, and emphasizes teamwork, efficiency, creative thinking, and attention to detail.
Stephen has been recognized by Chambers USA and Benchmark Litigation, in North Carolina Super Lawyers Magazine, and by Business North Carolina magazine’s Legal Elite. In 2017, Stephen was the top vote recipient in North Carolina in the Legal Elite Antitrust category, appointing him to the Legal Elite “Hall of Fame.” He has also received an AV rating from Martindale-Hubbell.
Stephen's representative matters include the following:
- successfully defending a North Carolina licensing board in a scope-of-practice dispute initiated by a sister licensing board, which culminated in a unaminous opinion by the Supreme Court of North Carolina;
- obtaining dismissal of claims—affirmed on appeal—against another North Carolina licensing board in federal-court litigation alleging due-process and antitrust-law violations;
- attaining a favorable trial result in a dispute concerning whether a trustee of a charitable trust could be removed;
- winning summary judgment—affirmed by the North Carolina Court of Appeals—for a national general-contracting firm in a dispute over a municipal sewer-repair project;
- gaining dismissal on behalf of a national auto-auction company in federal litigation alleging unfair and deceptive trade practices;
- obtaining dismissal of a claim for unfair and deceptive trade practices in a dispute between pharmaceutical companies in North Carolina federal court; and
- preparing an amicus brief on behalf of twenty-eight national and North Carolina businesses in litigation relating to UNC's admissions policies.
Stephen is a founder and chief editor of What’s Fair?, a blog on the law of unfair trade practices. Stephen also frequently writes and speaks on a wide range of issues related to complex litigation, antitrust, and appeals. A list of his publications and presentations can be found below.
Stephen serves as a leader in the complex litigation bar, both locally and nationally. At a national level, Stephen chaired the American Bar Association’s Appellate Practice Committee, and he also serves on the leadership of the ABA Section of Antitrust Law. Stephen has been elected to the Federation of Defense & Corporate Counsel (FDCC) and to the Litigation Counsel of America. In North Carolina, Stephen has served as vice-chair of a committee appointed by the North Carolina Business Court to review and revise the Business Court Rules, and he is an officer of the North Carolina Bar Association’s Appellate Practice Section.
Stephen’s community activities include service on the board of trustees of the Jewish Federation of Raleigh-Cary, as well as prior service on the governing boards of the ACLU of North Carolina and Telamon Corporation, a Raleigh-based organization that provides resources and opportunities for people in need. In addition, he has coached youth basketball for five years at the Alexander and A.E. Finley YMCAs.
A native of downstate Illinois, Stephen earned his law degree from the University of Chicago Law School, where he served as an editor of the law review. He also served as a law clerk for the Honorable Pasco M. Bowman II on the United States Court of Appeals for the Eighth Circuit.
Stephen earned his undergraduate degree in economics and finance from Washington University in St. Louis. In college, Stephen worked with a St. Louis civic group, chaired by former United States Senator and Ambassador John Danforth, to successfully lobby the Missouri and Illinois legislatures to create a region-wide parks and trails network. Stephen taught courses during college in biblical Hebrew to elementary and middle school students in St. Louis.
Stephen lives in Raleigh with his wife, Leah Friedman, their two children, their dog, and until recently, their seven chickens.
Awards and Honors
- Chambers USA: America's Leading Lawyers for Business, Antitrust (2016-2019)
- Benchmark Litigation, North Carolina Litigation Star (2015-2019)
- Business North Carolina, Legal Elite, Appellate (2019), Litigation (2012-2015), Antitrust (2016-2017)
- Hall of Fame (Antitrust)
- North Carolina Super Lawyers Magazine, Antitrust Litigation, Appellate, Business Litigation (2012-2019)
- "Top 25 Super Lawyers in Raleigh" (2018-2019)
- "Top 100 Super Lawyers in North Carolina" (2017-2019)
- The Best Lawyers in America®, Commercial Litigation; Product Liability Litigation - Defendants (2018-2019)
- Peer review rating of AV® in Martindale-Hubbell
- "When a Business Wrong is Not a Commercial Wrong"; Annual Meeting of the North Carolina Bar Association's Antitrust & Complex Business Disputes Section, February 7, 2019
- "This Can't Be Fair! How Vague Legal Standards Can Fuel Big Damages Against Consumer-Goods Companies"; DRI Annual Product Liability Conference, February 9, 2018
- "The Uneasy Relationship Between Contracts and Alleged Violations of N.C. Gen. Stat. § 75-1.1"; Annual Meeting of the North Carolina Bar Association’s Antitrust & Complex Business Disputes Section, February 5, 2018
- "The Business Court Has New Rules. What Are the Key Points?," ACBD News, the Antitrust & Complex Business Disputes Section of the North Carolina Bar Association, August 2017
- "Can Extensive Regulations Bar a Claim for Unfair Trade Practices?," The Litigator, June 2017
- "Legal Bills, Clear Writing and Establishing Trust (Part 2 of 2)," For the Defense, October 2016
- "Legal Bills, Clear Writing, and Establishing Trust (Part 1 of 2)," For the Defense, September 2016
- "Enhancing Appellate Briefs Through Purposeful Sentences," CLE Presented October 2015
- "Recent Appellate Decisions Reshape Landscape," In-House Defense Quarterly, Fall 2013 (Republished in the Winter 2015 issue of FDCC Quarterly)
- "Readers Like Suspense—Just Not in the Introduction to Your Brief," For the Defense, December 2014
- "State Supreme Court’s Interpretation of FAA Sidesteps SCOTUS Court Review," ABA Section of Litigation Appellate Practice Newsletter, Fall 2014
- "Warning from the U.S. Supreme Court: In Contracts, Preselect Your Forum Carefully," The Inside Scoop, June 2014
- “Can Remainder Beneficiaries of a Revocable Trust Sue for a Breach of Fiduciary Duty That Occurred During the Settlor’s Lifetime?,” The Will and the Way, April 2014
- "Take This Job and Shove It: Strategic and Analytical Approaches When the Key Employee Leaves," Manuscript, FDCC Winter Meeting, March 2014
- "When Less is More: Drafting Enforceable Arbitration Provisions," Notes Bearing Interest, February 2014
- "Clear Writing Through Purposeful Sentences," For the Defense, January 2014
- “Antitrust Case Update: Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27,” ABA Antitrust Section Exemptions & Immunities Committee, Fall 2013
- “Federal Court Rejects Wage & Hour Class Action Bid Under North Carolina Law” The Business Lawyer; January 2013
- “Fourth Circuit Issues New Decision Applying North Carolina’s Economic Loss Rule” Antitrust and Complex Business Dispute News, December 2012
- “Confirming Federal Judges: Perspectives, Rancor, and Potential Reform” American Bar Association Appellate Practice E-Newsletter; September 2012
- “Recent Decisions of the North Carolina Business Court: When Suing Departing Employees, Details Matter – Especially in the Complaint” The Business Lawyer, May 2012
- “Practical Aspects of Privacy and Confidentiality in Litigation,” CLE Presented April 2009
- “Will the Supreme Court Address the Application of Copperweld to Professional Sports Leagues?” The Antitrust News, June 2009
- This Can't Be Fair! How Vague Legal Standards Can Fuel Big Damages Against Consumer-Goods Companies; DRI Annual Product Liability Conference, February 9, 2018
- The Uneasy Relationship Between Contracts and Alleged Violations of N.C. Gen. Stat. § 75-1.1; Annual Meeting of the North Carolina Bar Association’s Antitrust & Complex Business Disputes Section, February 5, 2018
- Legal Writing in the Digital Age: Ten Principles to Consider When Drafting a Brief; North Carolina Bar Association Appellate Practice Section CLE, September 15, 2017
- Effective Writing and Editing in the In-House Legal Environment; Association of Corporate Counsel (Research Triangle Area Chapter), Durham, NC, February 15, 2017
- Oral Argument Inside Out; Federation of Defense and Corporate Counsel Annual Meeting, La Malbaie, Quebec, Canada, July 26, 2016
- Enhancing Appellate Briefs Through Purposeful Sentences; North Carolina Bar Association Appellate Practice Section CLE and Annual Meeting, Cary, N.C., October 2, 2015
- FTC v N.C. Board of Dental Examiners: New Standards for Antitrust Liability; Annual Meeting of Central Regional Dental Testing Service, Kansas City, Mo., August 22, 2015
- Trying Your Case To Win . . . in the Court of Appeals, That Is; Federation of Defense and Corporate Counsel Annual Meeting, Banff, Canada, July 30, 2015
- Oral Argument Gone Wrong; ABA Section of Litigation Annual Conference, New Orleans, L.A., April 16, 2015
- Effective Briefwriting; North Carolina Association of Defense Attorneys Annual Meeting, Hilton Head, S.C., June 26, 2012
- A CLE for the Complex Business Litigator; North Carolina Association of Defense Attorneys CLE, Raleigh, N.C., April 26, 2012
- Practical Aspects of Privacy and Confidentiality in Litigation; North Carolina Bar Association Antitrust Section Annual Meeting, Greensboro, N.C., April 3, 2009
Prior Legal Experience
- Attorney, Bryan Cave LLP, 2003-2005
- Law clerk, United States Court of Appeals for the Eighth Circuit, Hon. Pasco M. Bowman II, 2002-03