Traditional Labor Law

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.

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 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. 

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 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 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. 

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.