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Phillip A. Kilgore

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Litigation, Traditional Labor Relations, Employment Law, Unfair Competition and Trade Secrets, Governmental Affairs, Arbitration and Alternative Dispute Resolution, Workplace Investigations and Organizational Assessments

Phillip Kilgore has been in the practice of litigation and labor and employment law in the Greenville office of Ogletree Deakins since 1986.

Phillip has extensive litigation experience, representing clients in state and federal courts and administrative tribunals. He has handled a wide range of cases from traditional employment discrimination claims to tort claims and from environmental claims to shareholder derivative actions and minority shareholder disputes.

Phillip also is an expert in advising clients on the protection of business assets and litigating acts of misappropriation.

Litigation, Traditional Labor Relations, Employment Law, Unfair Competition and Trade Secrets, Governmental Affairs, Arbitration and Alternative Dispute Resolution, Workplace Investigations and Organizational Assessments
Learn more about Phillip A. Kilgore

Phillip has litigated cases involving workplace disputes (claims of discrimination, wrongful discharge and tortious conduct), and other diverse areas such as products liability, shareholder disputes and other commercial cases.  He has litigated numerous restrictive covenant cases. Phillip specializes in complex litigation, where he has represented large industrial clients in intellectual property disputes, environmental cases and toxic tort cases.

Phillip also works with clients to protect valuable business assets, drafting employment agreements and restrictive covenants and advising clients on measures to protect trade secrets from misappropriation and customer relationships from unfair competition.  Phillip frequently assists his clients in finding answers to business problems arising in the context of local government, including zoning and ordinance matters.

An important part of Phillip’s practice is advising clients on preventive measures pertaining to employment laws, personnel policies, labor relations and business issues.  His objective is to help his clients find the most cost effective business solutions to workplace problems before they become expensive lawsuits.

Education

Admission to Practice

Professional Activities

  • South Carolina Bar
  • District of Columbia Bar
  • South Carolina Defense Trial Attorneys Association (Executive Committee, 1998-2003)
  • Greenville County Bar Association (President, Young Lawyers Association, 1991)
  • South Carolina Council for Conflict Resolution: Certified Mediator and Certified Arbitrator
  • Greenville (SC) Commission of Public Works (2003-present); Chair (2013-present)
  • Greenville (SC) Chamber of Commerce, Chairman (2019), Board of Directors and Vice Chair-Public Policy (2013-present)
  • Blue Ridge Counsel, Boy Scouts of America – President  (2013-2014); Executive Board (1990-present)
  • Rotary Club of Greenville (SC) – President (2000-2001)
  • Greenville (SC) City Board of Zoning Appeals (1997-2002)
  • Poinsett Club Board of Governors (1997-2000, 2003-2006); President (2006)
  • Urban League of the Upstate (SC) (1994-2000) – Executive Committee, General Counsel

Speeches


Best Lawyers Award Badge

Best Lawyers Award Badge

Insights by Phillip A. Kilgore

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Nondisclosure and Nondisparagement Agreements in Sexual Harassment and Assault Cases: Speak Out Act Heads to President’s Desk

On November 16, 2022, the U.S. Congress passed a bill that would limit enforceability of nondisclosure and nondisparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual harassment and sexual assault allegations. The bill, S. 4524, or the “Speak Out Act,” passed the U.S. House of Representatives with a vote of 315–109, the vote coming after the U.S. Senate passed the bill on September 29, 2022.

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South Carolina Governor Signs Liability Shield Legislation Into Law

As expected, on April 28, 2021, Governor Henry McMaster signed the “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) into law. The act, which provides protection from “coronavirus claims” to a broad class of covered entities and covered individuals, went into effect immediately and “appl[ies] to all civil and administrative causes of action that arise between March 13, 2020, and June 30, 2021, or [180] days after the final state of emergency is lifted for COVID-19 in [South Carolina], whichever is later, and that are based upon facts occurring during this time period.”

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South Carolina Expected to Implement Liability Shield Law to Protect Businesses From Certain COVID-19–Related Claims

The “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act on December 9, 2020, and it received final approval in the House of Representatives on April 23, 2021. Similar to its previously introduced predecessors, House Bill 5527 and Senate Bill 1259, the act provides liability protections against coronavirus-based claims for a limited time period for businesses that follow public health guidance in response to the coronavirus public health emergency.

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South Carolina Begins to Reopen

South Carolina has joined the growing number of states that have begun to reopen their economies following weeks of closure due to the coronavirus pandemic. On May 1, 2020, Governor Henry McMaster announced that he would lift certain mandatory provisions of his April 6, 2020, statewide “home or work” order and the state would restore health and safety standards to voluntary status effective May 4, 2020.

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South Carolina Becomes 42nd State to Issue ‘Stay at Home’ Order

On April 6, 2020, South Carolina Governor Henry McMaster issued Executive Order No. 2020-21 (E.O. 2020-21), which implemented a “home or work” mandate. The order directs South Carolina inhabitants to stay in their homes as of 5:00 p.m. on April 7, 2020, except for engaging in “Essential Business,” “Essential Activities,” or “Critical Infrastructure Operations.” The order also mandates that inhabitants practice social distancing and take every possible precaution to prevent the continued spread of COVID-19.

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South Carolina Governor McMaster Closes Non-Essential Businesses

At 4:00 p.m. on March 31, 2020, South Carolina Governor Henry McMaster announced Executive Order (EO) No. 2020-17, which, starting April 1, 2020, at 5:00 p.m., closes all “non-essential” businesses, venues, facilities, services, and activities for public use. The executive order will remain in effect for 15 days, but is likely to be renewed or expanded upon in the coming weeks.

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