
Kevin S. Brotspies
Partner
(973) 547-3611
kbrotspies@tm-firm.com
Morristown, NJ, New York, NY
Kevin S. Brotspies is a strategic problem solver with experience in complex commercial matters, employment, labor, construction, and surety.
Practice Areas
- Appellate
- Bankruptcy, Restructuring & Creditor's Rights
- Bid Protests
- Business Litigation
- Complex Commercial Litigation
- Contracts, Project Delivery & Risk Management
- Employment & Labor
- Fidelity & Surety
- Government Contracts
- Insurance Defense
- Litigation
- Professional Liability Defense
Admissions
- State of New Jersey
- State of New York
- State of Maryland
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, District of Maryland
- U.S. Court of Appeals, Second Circuit
- .S. Court of Appeals, Third Circuit
Education
- Rutgers University School of Law (J.D. 2007)
- University of Maryland, College Park (B.A. 2004)
With extensive experience litigating at all levels of federal and state courts, as well as in alternative dispute resolution, Kevin provides clients with the tenacity, critical analysis, honesty, and creativity necessary to achieve the most favorable results.
In his labor and employment practice, Kevin represents employers across a wide array of industries, from small, family-owned businesses to large national corporations. Kevin has litigated matters in state and federal courts involving claims such as discrimination, retaliation, harassment, interference with leave rights, breach of contract, unfair competition, tortious interference, and violation of restrictive covenants. Kevin also has extensive experience counseling clients in all aspects of employment law, including employee discipline, harassment, discrimination, leaves of absence, workplace violence, and the development of compliant company policies and procedures. Clients frequently turn to Kevin for day-to-day human resources counseling as issues arise, along with partnering with Kevin to develop company-wide policies and solutions. Kevin regularly counsels employers on novel and developing issues such as the Covid-19 pandemic and the legalization of cannabis. Kevin also conducts training and internal investigations on behalf of his clients. Kevin’s labor law practice includes litigating and counseling clients on issues including wage and hour, wage payment, and prevailing wage claims, including those asserted in class actions.
In his commercial practice, Kevin handles matters involving breach of contract, employment issues and disputes, labor matters, claims for extracontractual damages, fraud, alter ego liability, fraudulent conveyances, and negligence. Kevin also assists business clients with contract drafting and negotiations, debt restructuring, regulatory matters, and commercial transactions. Kevin’s bankruptcy practice includes the representation of creditors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases.
In his construction, surety, and fidelity practice, Kevin regularly represents sureties, fidelity companies, general contractors, subcontractors, and suppliers in complex commercial matters involving contract disputes, construction defaults, bid protests, delay and extra work claims, design defects, construction defect claims, lien claims, payment and performance bond claims, statutory and common law bad faith claims, trust fund claims, indemnification, errors and omissions claims, general liability claims, fiduciary liability claims, commercial policy claims, and professional liability claims. Kevin provides his clients with crisis management guidance and counsel in connection with distressed commercial construction projects, and has extensive experience dealing with public and private owners, contractors and subcontractors, suppliers, sureties and co-sureties, insurers and reinsurers, architects, engineers, consultants, and forensic accountants in an effort to protect, defend, and prosecute the rights and interests of his clients and their partners in what are often complex and time-sensitive circumstances. Kevin’s surety practice also includes counseling clients on underwriting matters, claim management, and best practices. Kevin is the current Chair of the New Jersey State Bar Association Fidelity & Surety Law Committee.
Prior to entering private practice, Kevin served as a Law Clerk to the Hon. Jack L. Lintner, P.J.A.D. (Ret.) in the Superior Court of the State of New Jersey, Appellate Division.
In his labor and employment practice, Kevin represents employers across a wide array of industries, from small, family-owned businesses to large national corporations. Kevin has litigated matters in state and federal courts involving claims such as discrimination, retaliation, harassment, interference with leave rights, breach of contract, unfair competition, tortious interference, and violation of restrictive covenants. Kevin also has extensive experience counseling clients in all aspects of employment law, including employee discipline, harassment, discrimination, leaves of absence, workplace violence, and the development of compliant company policies and procedures. Clients frequently turn to Kevin for day-to-day human resources counseling as issues arise, along with partnering with Kevin to develop company-wide policies and solutions. Kevin regularly counsels employers on novel and developing issues such as the Covid-19 pandemic and the legalization of cannabis. Kevin also conducts training and internal investigations on behalf of his clients. Kevin’s labor law practice includes litigating and counseling clients on issues including wage and hour, wage payment, and prevailing wage claims, including those asserted in class actions.
In his commercial practice, Kevin handles matters involving breach of contract, employment issues and disputes, labor matters, claims for extracontractual damages, fraud, alter ego liability, fraudulent conveyances, and negligence. Kevin also assists business clients with contract drafting and negotiations, debt restructuring, regulatory matters, and commercial transactions. Kevin’s bankruptcy practice includes the representation of creditors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases.
In his construction, surety, and fidelity practice, Kevin regularly represents sureties, fidelity companies, general contractors, subcontractors, and suppliers in complex commercial matters involving contract disputes, construction defaults, bid protests, delay and extra work claims, design defects, construction defect claims, lien claims, payment and performance bond claims, statutory and common law bad faith claims, trust fund claims, indemnification, errors and omissions claims, general liability claims, fiduciary liability claims, commercial policy claims, and professional liability claims. Kevin provides his clients with crisis management guidance and counsel in connection with distressed commercial construction projects, and has extensive experience dealing with public and private owners, contractors and subcontractors, suppliers, sureties and co-sureties, insurers and reinsurers, architects, engineers, consultants, and forensic accountants in an effort to protect, defend, and prosecute the rights and interests of his clients and their partners in what are often complex and time-sensitive circumstances. Kevin’s surety practice also includes counseling clients on underwriting matters, claim management, and best practices. Kevin is the current Chair of the New Jersey State Bar Association Fidelity & Surety Law Committee.
Prior to entering private practice, Kevin served as a Law Clerk to the Hon. Jack L. Lintner, P.J.A.D. (Ret.) in the Superior Court of the State of New Jersey, Appellate Division.
Memberships & Affiliations
- New Jersey State Bar Association Fidelity & Surety Law Committee, Chair
- New Jersey State Bar Association Construction Law Section