Manufacturing & Distribution

Miles & Stockbridge secured a favorable jury verdict in Connecticut state court for a commercial baking client in an employment discrimination and retaliation case. Following a week-long trial, the jury determined that no employment relationship existed between the client and the plaintiff, who was employed by a third-party staffing company, rendering further discrimination and retaliation claims moot. The firm's litigation team successfully defended the case through comprehensive trial preparation, including mock trials, extensive legal research, and coordination with local counsel.

Represented a privately held electrical contractor focused on data center construction in its $2 billion sale to a publicly traded national telecommunications contractor. Engaged in mid-summer with a letter of intent signed in September, the team navigated the unique challenges of a long-time, family-owned business being acquired by a public company seeking to enter the data center construction market and closed the transaction in late December.

Miles & Stockbridge persuaded Virginia's occupational safety regulator to vacate a workplace safety citation against a homebuilder following a construction site electrocution that killed one subcontractor employee and seriously injured another — an outcome described as virtually unheard of in cases involving a death or catastrophic injury. The result carried significant strategic value beyond the regulatory proceeding itself, as such citations can be used as prima facie evidence of liability in related civil litigation, and the builder is also defending a wrongful death and personal injury lawsuit arising from the same incident.

Miles & Stockbridge's trial team represented a major manufacturing client in a complex CERCLA environmental litigation over a Superfund site with cleanup costs estimated to exceed $200 million. The litigation was phased with three separate 5- to 6-week trials over several years. Through strategic legal representation, the team successfully navigated a complex multi-phase trial addressing environmental remediation and liability for multiple parties connected with operations on the industrial site over many decades. The team's efforts resulted in multiple trial victories, including a notable judgment finding that the regulator-selected remedy for the site had to be modified.

Miles & Stockbridge represented a building services client in its acquisition of a New England-based environmental systems company, expanding the client's energy and sustainability platform. The deal closed within 45 days of first sending transaction documents, addressed environmental issues at an adjacent property and used a “bolt-on” representations-and-warranties insurance product tailored to private-equity roll-up platforms.

Miles & Stockbridge represented a data center cooling solutions manufacturer in its sale to a full-service HVAC provider. The transaction — which closed in just nine weeks from letter of intent — required broad cross-disciplinary expertise including tax, real estate, antitrust, employee benefits, employment and intellectual property. The buyer was represented by counsel from a major national firm.

Miles & Stockbridge represented a facilities services company in its acquisition of a provider of planning, design and build services for government agencies and contractors operating in mission-critical facilities across the Washington region.

Defended a consumer products subsidiary of a global brands company in obtaining dismissal of a toxic-exposure lawsuit in U.S. District Court in Maryland. After the plaintiff filed days before the limitations deadline and waited more than eight months to serve, the team removed the case to federal court and obtained dismissal under the Maryland Rules' 120-day service requirement, with the court finding insufficient good cause for belated service.

Miles & Stockbridge secured dismissal of a personal injury lawsuit against a Fortune 500 facilities services company, successfully arguing that the plaintiff's more than two-year delay in serving the defendants failed to satisfy Maryland's timely service requirements and prejudiced the defendants' ability to mount a defense. The dismissal was obtained in federal court after the team persuaded co-defendants to consent to removal from state court, where the case had originally been filed shortly before the statute of limitations expired.

Represented the majority owner of a U.S.-based manufacturer of equipment for the power industry in selling its stake to the minority owner after more than two years of cross-border negotiations. The transaction navigated U.S., German and Mexican legal perspectives on issues such as anti-sandbagging provisions, with diligence supported by a virtual data room hosting nearly 70 participants and more than 300 written questions.

Miles & Stockbridge assisted a startup that created an innovative bedding system with preparing and filing a provision patent application, as well as advised the client on trademark application filings. The patent application was converted to a non-provisional utility patent application and was allowed by the United States Patent and Trademark Office.

Miles & Stockbridge represented a distributor of electrical parts, lighting products and commercial shading solutions in a part-sale, part-rollover transaction with a private equity sponsor utilizing representations and warranties insurance, which required additional scrutiny of the seller’s diligence profile. The team navigated and resolved extensive diligence obstacles, including state sales and use tax exposures and employee benefits issues. They significantly reduced the buyer’s proposed client-transition holdback, negotiating a clean exit for two retiring partners and obtained favorable rollover equity and governance terms for the continuing partners.

Provided comprehensive product safety and regulatory compliance services to a global manufacturer of power tools and hardware, including representation during CPSC and Health Canada investigations, recalls and related proceedings across a vast array of consumer products and brands. Also served as national coordinating counsel for defense of product liability lawsuits involving power tools.  

Responded to Notices of Violation (NOVs) for importers of consumer products found to be in violation of standards at U.S. ports.  

Represented a global provider of heating and cooling products on product safety compliance and representation before the CPSC.  

Advised a global provider of residential water heaters on product safety and regulatory compliance, including CPSC and Health Canada investigations, recalls and related pro-ceedings.  

Represented a global sporting goods and equipment company on product safety and regulatory compliance, including CPSC and Health Canada investigations, recalls and related proceedings.

Advised a global technology company on product safety compliance, including matters involving virtual reality and wearable technologies.  

Represented a global provider of children’s toys and games on product safety and regulatory compliance, including CPSC investigations, recalls and related proceedings involving magnet safety and ingestion hazard matters.

Counseled a global manufacturer of high-performance blending products on product safety and regulatory compliance, including CPSC and Health Canada investigations, recalls and related proceedings.  

Counseled a global manufacturer of household cleaning products on product safety and regulatory compliance, including CPSC and Health Canada investigations, recalls, and related proceedings.  

Represented a global manufacturer of household and personal care products, including multiple kitchen appliance brands, on product safety and regulatory compliance, including CPSC and Health Canada investigations, recalls and related proceedings.  

Represented a global provider of portable heaters on product safety and regulatory compliance, including CPSC and Health Canada investigations, recalls and related proceedings.  

Advised Compu Dynamics Modular, which delivers turnkey, factory-fabricated modular data centers that arrive pre-engineered and ready for rapid deployment, on acquiring a majority ownership interest in a manufacturing company.

Part of a trial team that, after a five-week jury trial, obtained a complete defense verdict on behalf of an international automobile manufacturer alleged to have supplied asbestos-containing automotive brakes that caused plaintiff’s alleged mesothelioma. Convinced the jury that not only did the plaintiff not have mesothelioma, but that even if she did, the client’s products were not the cause of her disease. Harrison, et al. v. Volkswagen Corporation of America, et al., 22nd Judicial Circuit, City of St. Louis (2016). 

Obtained summary judgment on behalf of a manufacturer of swing-away trailer jack after successfully convincing the United States District Court for the District of Maryland that plaintiff’s expert was not qualified to offer expert testimony pursuant to Daubert and the Federal Rules of Evidence. McKerrow v. Buyers Products Co., 2016 WL 1110303 (USDC Maryland 2016).

Obtained summary judgment on behalf of company sued in an alleged vinyl chloride exposure case. Litton, et ux. v. APG, Inc. et al., Circuit Court of Baltimore City, (Case No. 24-C-02-005510 (2003))

Member of trial team in contribution CERCLA liability litigation against 14 companies alleged to have contributed to site contamination in connection with the Centredale Manor Superfund Site in North Providence, Rhode Island. After a six-week trial against four remaining defendants, the court entered a finding of CERCLA liability against all of them.

Represented a luxury yacht sales company in successfully resolving a False Claims Act investigation triggered by allegations of import duty underpayment. Following civil investigative demands from the Department of Justice and involvement of U.S. Customs and Border Protection, our strategic advocacy included educating government attorneys, including the associate chief counsel for U.S. Customs and Border Protection, on the proper application of complex import tax regulations and duty calculation methodologies. The comprehensive defense resulted in the government declining to intervene in the qui tam complaint and the relator voluntarily dismissing the underlying sealed lawsuit with minimal business disruption for the client.

Represented an employer sued in Connecticut state court by a former temporary employee alleging employment discrimination and retaliation. The jury found for the defendant on the initial question of whether the company even employed the plaintiff, who was employed by a third-party staffing company but supervised by the employer. As a result, the jury did not need to decide whether there had been discrimination or retaliation.

Counsel to Fortune 500 tool manufacturer with regard to multiple divestitures of manufacturing and distribution businesses.

Sale of Base2, LLC, a company specializing in the design and development of cutting-edge cyber solutions across the domains of computer network operations (CNO), signals intelligence (SIGINT) and quick reaction capability, to BlueHalo, a portfolio company of Arlington Capital Partners.

Represented a Maryland machinery manufacturer following a catastrophic injury in New Jersey. Plaintiff first filed in New Jersey state court, and the case was removed to federal court. While a motion to dismiss based on New Jersey’s two year statute of limitations was pending in the New Jersey Federal District Court, plaintiff filed an identical case in Maryland, within Maryland’s three-year period of limitations. After obtaining a dismissal order in the New Jersey case, we obtained dismissal of the Maryland case on the basis that it was precluded under principles of res judicata. The Maryland court agreed that an order from the federal court sitting in diversity had the same impact as if a New Jersey state court had issued it, and, under New Jersey law, a dismissal for limitations was a final judgment on the merits, and therefore the Maryland case could not proceed.

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. 

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. 

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. 

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 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. 

Represented a paper company in a matter involving recovery under general liability insurance policies for the cost of remediating PCB contamination to the Lower Fox River in Wisconsin. Following a five-week trial in 2008, obtained a unanimous jury verdict in favor of the insured, subsequently affirmed by the Wisconsin Court of Appeals.

Lead appellate counsel in a consent decree challenge. After extensive negotiations subsequent to a successful remedy challenge in the United States District Court for the District of Rhode Island, obtained the entry of a Consent Decree implementing the remedy at the Centredale Manor Restoration Project Superfund Site. Several PRPs opposed the entry of the Consent Decree on three primary grounds: implementation of a remedy that was arbitrary and capricious; failure of the District Court to conduct meaningful judicial review; and the basis and amount of the contribution of the United States DOD in relation to its alleged contribution to contamination at the site.  After coordinated briefing and argument with the US Department of Justice, the First Circuit affirmed the District Court’s entry of the Consent Decree in a reported opinion. Emhart Industries, Inc., et al. v. United States Department of the Air Force, et al.,988 F.3d 511 (1st Cir. 2021).

Following a two week jury trial, obtained defense verdict in lawsuit filed against manufacturer of asbestos containing product alleging exposure to asbestos at various construction sites in Maryland and the District of Columbia.

Mike secured summary judgment on behalf of a multinational manufacturing client in a case alleging that the client’s product caused the plaintiff to develop a fatal form of cancer. Although a statutory repose defense would not have been available to the client under D.C. law, Mike successfully argued that the Court should apply Maryland law and, further, that the Maryland statute of repose provided an absolute defense to the plaintiff’s claims based on the facts and evidence developed during discovery.

Mike has obtained summary judgment on behalf of multiple defense contractors in federal court cases alleging mesothelioma caused by exposure to asbestos. In some cases, Mike successfully argued that the client’s liability could not extend to replacement or auxiliary components or equipment manufactured and supplied by others, but used in relation to the client’s product. In other cases, Mike executed discovery strategies that revealed missing links in the plaintiffs’ product identification evidence that led directly to summary judgment.

Represented Colgate-Palmolive Company in a case alleging the plaintiff developed mesothelioma from using a talcum powder product manufactured by Colgate.  After several years of litigation, we obtained an Order from the Court excluding plaintiff’s proffered expert on product testing/contamination, human tissue fiber burden and specific causation on Daubert grounds.

Routinely advise and represent manufacturers, suppliers and franchisors in variety of industries in the context of franchise and dealer termination disputes under applicable state and federal laws.

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.

Represented an international designer, manufacturer and supplier of jewelry in a dispute with the former exclusive franchisee and distributor of our client’s products in certain South American countries.  Matter involved international arbitration proceedings before the Danish Institute of Arbitration (“DIA”), and related civil litigation in the state and federal courts of Florida.

Represented an international supplier of farm equipment against a former employee accused of misappropriating trade secrets and other confidential information in violation of federal and state law, and for violations of the federal Computer Fraud and Abuse Act.

Represented a global manufacturer of power tools against a major United States retailer for breach of a trademark license agreement relating to one of our client’s most important brands.