Labor, Employment, Benefits & Immigration

Advised Power Solutions, a leading Mid-Atlantic electrical contractor focused on data center construction, in its $2 billion sale to Dycom Industries, Inc. (NYSE: DY), a publicly traded national provider of specialty contracting services for digital infrastructure. Working on an accelerated timeline, the firm led a fully integrated, multidisciplinary team that guided Power Solutions through all aspects of the transaction, including M&A, tax structuring, financing, employment matters, and regulatory filings, helping the company achieve a landmark exit in a highly competitive and rapidly evolving market. The transaction strengthened Dycom’s data center platform by combining its fiber expertise with Power Solutions’ established leadership in electrical construction, reflecting Miles & Stockbridge’s deep experience advising clients on complex, high-value transactions in the data center and digital infrastructure space.  

While at a previous firm, members of our Health Care team played a key role in the healthcare regulatory aspects of a private investment firm's acquisition of a Maryland-based CCRC operator with properties across the US. Following the closing, and continuing to this day at Miles & Stockbridge, our health care team provides comprehensive legal support to the client, advising across various critical areas including healthcare regulatory compliance, privacy, employee benefits, tax, corporate law, and several other specialized fields.

Served as lead counsel to a regional skilled nursing facility owner and operator for nearly a decade, advising on the full lifecycle of its portfolio — from initial growth through strategic divestiture. Our representation began when the client owned approximately four facilities and expanded to include a 22-facility portfolio across three states. Notable transactions included: (1) The stand-alone acquisition of a 450+ bed skilled nursing facility, which also included a limited number of state-licensed CCRC and assisted living units; (2) A five-facility portfolio transaction involving a strategic partnership with a REIT. The REIT acquired the real estate, while our client entered into a long-term, multi-site ground lease and continued to manage and operate the facilities; (3) A separate five-facility acquisition, financed through a Canadian private equity investor, featuring a complex preferred equity structure with management kick-out rights, liquidation preferences, and other negotiated protections; and (4) The sale of the entire 22-facility portfolio through four distinct transactions: a 14-facility owned portfolio sale, a five-facility leasehold portfolio transaction, and three individual facility sales. In addition to our role as transactional counsel in the deals above, we acted as outside general counsel to the client, advising on employment matters, executive compensation, debt and equity financings, union negotiations, and contract matters, while overseeing local regulatory specialists in multiple jurisdictions.

Serve as outside general counsel to a nonprofit continuing care retirement community located in Baltimore, MD. Our role is to provide legal and strategic advice on a wide range of matters, including nonprofit board governance, regulatory compliance issues, arrangements with third parties, employment matters, HIPAA, and resident issues.

Serve as outside general counsel to a nonprofit CCRC advising on regulatory compliance, employment matters, resident relations, board governance, and third-party arrangements. We are currently assisting with the establishment of a new Continuing Care at Home (CCaH) program — the first in Maryland to be affiliated with a CCRC — including corporate formation, nonprofit status, and regulatory approval. In 2023, we negotiated a strategic agreement with a major medical group affiliated with a Maryland health system to establish an on-site medical clinic for residents.

Represented a government contractor in successfully defending against breach-of-contract claims in an American Arbitration Association proceeding related to staffing services for proposal writing. The matter involved complex employment issues under both Virginia and Indian law, with the claimant alleging improper hiring from its corporate affiliate in India. Following comprehensive presentation of evidence demonstrating that no solicitation had occurred and no damages could be established, the arbitrator ruled entirely in our client's favor and ordered the claimant to bear all administrative and arbitrator fees

Miles & Stockbridge represented a Baltimore-based manufacturer accused of breach of contract and discrimination in a federal lawsuit brought by a former vendor. The firm obtained summary judgment for all claims, most of which were upheld on appeal to the 4th U.S. Circuit Court of Appeals. The firm also has provided day-to-day employment law counseling and advice and successfully defended the manufacturer in EEOC charges filed by employees, including a charge of disability discrimination in which the firm obtained a very favorable early settlement for the client.

Miles & Stockbridge provides routine counseling and advice on a variety of employment matters for an interactive entertainment company. The firm’s work includes responding to employee concerns, counselling on ADA/FMLA issues and drafting and revising policies and procedures for employees located across the U.S. The firm also advised and assisted with employee investigations and, when necessary, responding to EEOC charges. Most recently, the firm represented the company in ERISA litigation filed by a former employee.

The firm has assisted a Maryland-based cannabis company on multiple employment law matters, including policy development, training and employee relations and labor issues. The firm also has represented the company in its acquisition of two dispensaries, certain financing matters, various real estate leasing matters and litigation.

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. 

We serve as outside general counsel to several independent schools. We provide ongoing legal advice to the schools on employment law, faculty issues and faculty contracts, student conduct issues, enrollment agreements and other contract matters, school policies, and numerous other areas.

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. 

Miles & Stockbridge served as lead defense counsel in a nationwide FLSA class action claim directed at staffing agencies providing engineers for nuclear power plants. We developed a multi-prong strategy focused on dismissing the parent corporation and a significant reduction of Plaintiffs’ claims for damages. We were able to craft a confidential nationwide settlement. 

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. 

Miles & Stockbridge assisted executive leadership of a construction products manufacturer in establishing response to COVID related issues, including reopening of operations nationwide, response to outbreaks and setting up stringent health and safety protocols. Potential damages would have been several million dollars, if we been unable to get operations up and running.

Miles & Stockbridge represents a large medical system on a variety of labor and employment litigation matters. Among them, we successfully obtained a summary judgment in federal court for hospital client in suit by former research pharmacist alleging claims under federal and D.C. law, including race and national origin discrimination, retaliation, and wrongful termination under public policy. 

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.

Miles & Stockbridge secured a trial victory in Virginia state court on a claim of defamation following the employee’s termination for allegedly engaging in sexual harassment. 

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.

Miles & Stockbridge secured a trial victory in Pennsylvania state court representing a medical provider against a claim for defamation by employee terminated after refusing to take a drug test. 

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. 

Miles & Stockbridge defended a restaurant alleged to have improperly used tip pool method of payment. We obtained denial of motion for conditional certification and ultimately were successful at obtaining summary judgment regarding restaurants implementation of tip pool credit. 

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. 

Miles & Stockbridge represented a manufacturer in a wage and hour purported class action involving the Fair Labor Standards Act (FLSA). Through motions, we were able to successfully reduce this to a single plaintiff case. 

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. 

Miles & Stockbridge represented a major retailer against claims of improper pay of a class of pharmacists. We obtained summary judgment and dismissal of FLSA claims. 

Miles & Stockbridge represents a food manufacturer in a variety of employment issues, including a wage and hour class action case. The case was highly complex involving the Fair Labor Standards Act and motor carrier exemptions to that law. We also represented the company in a disability discrimination case at the EEOC. 

Miles & Stockbridge represents a large medical system on a variety of labor and employment litigation matters. In this work, we successfully defended one of its hospitals in a case of first impression in Maryland in which the plaintiff claimed she was denied interpreter services, in violation of the ADA, the Rehabilitation Act and the Affordable Care Act, as a companion of a patient. We also successfully defended the medical system in a federal lawsuit in which a plaintiff alleged intersectional claim of discrimination based on race and gender under Title VII and state discrimination law. 

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. 

Performed an Office of Federal Contract Compliance Programs (OFCCP) audit for a research university in a case involving a government contractor that alleged race discrimination. We were able to successfully reduce and resolve the case. 

Miles & Stockbridge represented a large owner and operator multifamily housing company in a federal wage and hour class action in Texas and two cases in Arizona federal court. One involved discrimination and wage claims while the other involved discrimination claims by a tenant under the Fair Housing Act.

We represented a global manufacturer and defeated motion for conditional certification of a class of similarly situated employees. We ultimately were able to resolve individual claims. 

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.

We defended a major manufacturer against claims of race discrimination where EEOC had issued notice of probable cause of discrimination. After extensive discovery, we were successful in obtaining summary judgment on all claims.

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. 

Miles & Stockbridge represented a municipality in a case involving an ADA claim in which the plaintiff accused our client of race discrimination. We successfully resolved this case for our client and obtained dismissal. 

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. 

Miles & Stockbridge handled a claim of FMLA retaliation for a truck manufacturer and was ultimately successful in resolving after obtaining ruling significantly reducing available damages. 

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. 

Miles & Stockbridge conducts extensive training for management and employees on topics of harassment, FMLA, internal investigations and employment law for managers. 

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. 

Secured a favorable settlement for a financial services company in an age discrimination case, brought by a former salesperson alleging leads were not distributed equally, before the EEOC. 

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. 

Miles & Stockbridge provided general employment advice to a U.S. division of a global commercial insurance provider, pertaining to ADA, wage and hour, FMLA, sexual harassment and contract negotiation issues.

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

Reached a favorable settlement for a national credit counseling firm in a wage and hour class action pending in Arizona.

Defended an international manufacturer in FMLA employment litigation in the United States District Court of the Western District of Virginia. Obtained a favorable settlement for the client.

Steve represented an employer in the defense of discrimination and other claims by a physician who had failed to meet the employer’s requirement of becoming board certified in his area of specialty within the requisite time period. After failing the board certification examination, the physician claimed that he had a disability that the employer had failed to adequately accommodate. Despite being provided with various accommodations, the physician was again unsuccessful on the examination and his contract expired. Steve represented the employer in an intensive investigation by a government agency of the physician’s complaints of discrimination and retaliation. The agency ruled against the physician on each of his claims.  When the physician then filed suit in state court, Steve led the defense of the litigation and was able to accomplish a resolution on terms favorable to the employer.

We represented a Baltimore-based financial publishing company when one of its employees forged his boss’ signatures to use the company credit card to finance millions of dollars of personal expenses. We have referred the case to federal law enforcement and are assisting the client in all aspects of the investigation with the authorities.

Successfully defended a large electric and gas utility at Region 5 of the National Labor Relations Board against an attempt by the International Brotherhood of Electrical Workers (IBEW) to secure a union representation election in a unit that was not system-wide.