Matters

Providing Ongoing Employment Advice to Colleges and Universities

Miles & Stockbridge provides employment law advice on an ongoing basis on an array of matters of importance to numerous colleges and universities, working closely with the General Counsel and other senior leaders. We advise them in employment law, faculty matters, sensitive employment issues, student issues, internal investigations, and numerous other areas. 

Representing Independent School Facing Allegations

An independent school received a report from a former student that the student was a survivor of sexual misconduct from a school employee during the 1970s. The school undertook an investigation into possible past sexual misconduct. We advised the school through the investigation process, including communications with the school community, selection of an investigator and definition of the scope of the investigation, reporting allegations of abuse to the appropriate authorities and addressing potential disciplinary issues. We oversaw a team involving an outside investigator, communications firm and school administration. 

Representing University Research Center in Race and Gender Discrimination Cases

Miles & Stockbridge successfully represented a university research center in two cases, one for race discrimination and retaliation, and the second for gender discrimination and retaliation. These cases are of significant importance to the client because they were both brought by the same lawyer, who filed three prior lawsuits against our client and threatened several more. This attorney became a favored attorney for individuals at the center, and was very aggressive in pursuing claims and making very high settlement demands. It was very important to the client to defend against these claims aggressively, because the client did not want to be seen as an easy target for this attorney. 

Representing University Research Center in EEOC/OFCCP Prosecution of Class Claims Alleging Retaliation

Miles & Stockbridge successfully settled joint EEOC/OFCCP prosecution of class claims alleging retaliation. OFCCP began in 2011 with a five-member class. In 2013, the EEOC joined and tried to further expand the class and engaged in systemic discovery. We fought back and resisted attempts to expand the class or re-open closed charges. We ultimately settled for far less than demanded, and for only two class members. We are not aware of any other situation in the country where OFCCP and EEOC have gone after the same target, and in fact, it was in violation of a Memorandum of Understanding between the two agencies to so do.

Conducting Internal Investigations in Companies and at Universities

Our client received an anonymous complaint alleging that a high-level employee had been engaging in various forms of sex discrimination for many years. Miles & Stockbridge was retained to conduct an investigation into the allegations. Because the complaint came at a time in which the #MeToo movement was in full bloom, the client was extremely sensitive to the nature of the allegations and ensuring that it was properly investigated and addressed any possible misconduct.

Conducting Internal Investigations for Harassment Complaint

Another client received a complaint from one of its employees and a virtually simultaneous anonymous complaint alleging that a high-level employee had engaged in sexual harassment of his subordinates. Miles & Stockbridge was retained to investigate the allegations and advise on the next steps. During the investigation, the respondent made his own allegations of financial misconduct at the company that we also addressed. 

Conducting Internal Investigation at University

A university received an anonymous complaint against two high-level staff members, alleging that they were engaging in discrimination, harassment and bullying. We conducted an investigation of the claims in conjunction with the university’s Office of Equity and Compliance. The investigation lasted for several weeks and included interviews of close to 20 individuals. 

Maintaining Compliance, Preserving Value and Retaining Employees During Acquisition

In early 2020, our client engaged in significant restructuring of its operations that included sales of several operating units. It was critical for the company to maintain compliance and preserve value in the company during this time. We assisted the companies with retention agreements for key employees to retain their services to preserve value for a buyer, as well as overseeing reductions in force and severance programs as a result of shrinking support operations as schools were sold. 
Person standing in front of a shaded window in a boardroom.

Negotiating the Exit of a Financial Services Executive

A financial services client received a claim alleging sexual harassment against its president, a very high-profile member of the community and a major shareholder. Based on the allegations and other concerns, our client sought to terminate the president’s employment, but needed to do so in a way that did not do damage publicly and permitted a smooth transition to a successor. We assisted our client to bring the parties together and negotiate a successful resolution and transition. 
Hacker uses laptop to hack computer network and create cyber attacks

Conducting Internal Investigation for Cyber Company

A company providing integrated security services terminated an executive after revelations of discrimination in the organization and retaliation by the executive, as well as suspicions of the executive’s involvement in misconduct in connection with bids for state government contracts. Miles & Stockbridge conducted and advised the client through several different internal investigations and the ultimate termination of the executive and several other members of management. With our assistance, the client terminated the employees, clawed back all equity, and avoided a lawsuit.
Shaking hands at a merger agreement

Preventing Unfair Competition for Cyber Company After Employees Left

Miles & Stockbridge successfully resolved a matter involving four former employees who left to set up a competing business. Despite the absence of any non-compete or non-disclosure agreement, we successfully negotiated an agreement whereby the former employees agreed to refrain from working on any projects in competition with the client. We were able to resolve the matter before having to file suit. This case was very important because the client did not have its employees sign restrictive covenant agreements, and thus had left itself open to exactly the scenario that presented itself. The client was fearful that if these employees left others could follow and it could be harmed in the competitive marketplace. We fashioned creative arguments that brought the former employees to the bargaining table. The matter was resolved after a 14-plus hour mediation. 

Resolving FLSA Classification Cases for Tech Company

Miles & Stockbridge has handled three different FLSA cases filed as class/collective action lawsuits against our client by various field personnel, claiming they were misclassified as salaried/exempt and not paid overtime. There are a large number of individuals employed in the positions at issue, many of whom worked in excess of 40 hours per week on a regular basis.  We were able to resolve two of the cases for small amounts on an individual basis.  On the third, we were able to significantly limit the number of “opt in” plaintiffs and successfully resolved the matter for a favorable settlement to our client. 

Representing Manufacturer Sued for Defamation and Invasion of Privacy

Represented client who was sued by a former executive for defamation and invasion of privacy, although the complaint also contained extensive allegations of race discrimination, which were not brought in court, but were pending before the EEOC. The matter garnered significant press coverage locally and in the industry. We obtained dismissal of the state court complaint in its entirety, which required three motions to dismiss after two amended complaints were filed, and also defeated a motion for reconsideration. 

Representing Energy Company in Purported Wage and Hour Class Action Lawsuit

Miles & Stockbridge represented an energy company after a group of sales representatives filed a purported class action lawsuit alleging that it was a joint employer along with the vendor that employed the workers. The complaint alleged violations of wage-and-hour law for failing to pay commissions and sought certification of a nationwide class of sales representatives. We were able to avoid class certification and resolve the matter on an individual basis with the named plaintiffs. 

Representing Client in Wage and Breach of Contract Case

Miles & Stockbridge represented a client who was sued by a former high-level executive for wage and payment act violations and breach of contract. The allegations included that the company did not honor stock options upon termination. We prevailed on a motion to dismiss. 

Defending Non-Profit Against Claim of Discrimination and Harassment

Miles & Stockbridge represented a well-regarded non-profit that was sued by a former, high-level IT employee for discrimination and harassment. 

Maryland Counsel for a Leading Ridesharing Transportation Network

Miles & Stockbridge serves as Maryland counsel to Lyft , including in all regulatory matters before the Maryland Public Service Commission.