Matters

Trade Secret/Restrictive Covenant Litigation

  • Defended EdTech start-up against trade secret misappropriation allegations brought by a major state research university. Through aggressive advocacy, convinced the university to dismiss and release all of its claims against the client without any payment of money or limitation of the client’s business conduct.
  • Represented national youth club lacrosse operator in countering attempt by six former executives to raid operator’s client and employee base after leaving the company. After prosecuting litigations in multiple states, including obtaining a temporary restraining order (TRO) against Pennsylvania-based ex-executives, negotiated a settlement involving substantial payments to the client and a prohibition on solicitation of the client’s employees.
  • As trial counsel in Maryland state court, obtained judgment enforcing customer non-solicitation covenant on behalf of regional last-mile trucking firm.
  • Won temporary restraining order (TRO) in New York state court for registered investment advisor (RIA) prohibiting solicitation of clients or employees by former executives.
  • Represented group of three executives and serial founders sued by artificial intelligence start-up in the U.S. District Court for the Southern District of New York for alleged violations of non-compete agreements and misappropriation of trade secrets.  By asserting claims for non-payment of bonuses and equity, leveraged a settlement involving substantial payments to the clients and no restrictions on their future business conduct.
  • Won preliminary injunction in the U.S. District Court for the District of Maryland for nationwide pest control operator prohibiting former employee from soliciting clients or using confidential information. 
  • On behalf of nationwide direct response agency, won dismissal of tort claims based on alleged misappropriation of confidential information through arguments of first impression regarding Maryland Uniform Trade Secret Act preemption. After the decision, the case settled on favorable terms for client.
  • Assisted multiple clients, including a national biotechnology firm and national youth club lacrosse operator, in implementing nationwide restrictive covenant programs, including drafting of restrictive covenants meeting enforceability requirements under numerous state laws and assisting the clients with implementation strategies to overcome employee objections to signing covenants.

Wage and Hour Litigation

  • Represented pharmacy service provider and affiliate entities in FLSA collective action in the U.S. District Court for the District of New Jersey asserting claims based on alleged miscalculation of the regular rate of pay on behalf of a nationwide collective of non-exempt employees. By raising challenges to personal jurisdiction and the ability to proceed against non-New Jersey affiliates, we prevented the plaintiffs from discovery and filing an early certification motion and were able to resolve the case prior to substantive proceedings for significantly less than plaintiff’s counsel’s demand.
  • Won the denial of Fair Labor Standards Act collective certification in the U.S. District Court for the Northern District of Illinois seeking to prosecute claims based on time rounding policy for a nationwide collective of more than 50,000 nurses employed by various subsidiaries and affiliates of the hospital system.
  • Represented major registered investment advisor (RIA) in class and collective lawsuit asserting exemption misclassification and missed meal break claims on behalf of nationwide group of client service associates in the U.S. District Court for the Central District of California. Negotiated a favorable resolution after winning summary judgment on exemption misclassification claim.
  • Represented a caregiver registry in U.S. Department of Labor enforcement action in the U.S. District Court for the Eastern District of Missouri based on alleged misclassification of approximately 50 individuals as independent contractors. After collecting substantial evidence in discovery, case settled for less than 20% of the Department of Labor’s back-wage assessment.

Single Plaintiff Employment Litigation

  • Won defense verdict on FMLA claims asserted against hospital system by a former employee in the U.S. District Court for the Eastern District of Tennessee. The jury deliberated for less than 40 minutes before returning its verdict in our client’s favor.
  • Represented federal government contractor in disability discrimination claim brought by remote employee in the U.S. District Court for the District of Maryland.  Obtained dismissal of lawsuit in employee’s home state for lack of personal jurisdiction, which we leveraged to resolve case for a nominal settlement.
  • Investigated and favorably resolved sexual harassment allegations asserted against the CEO of a major non-profit organization by a female senior executive who threatened to report allegations to the media and Congress. 
  • As first-chair trial counsel for advertising agency in Maryland state court, obtained defense verdict rejecting actor’s claims to royalty payments and intellectual property rights in connection with the production of a Super Bowl advertisement.
  • Obtained dismissal of contract, wage, and shareholder claims filed in Maryland state court by the former president of vascular surgery practice based on his termination of employment with the practice.
  • Obtained dismissal of federal and state disability discrimination claims filed by registered nurse in the U.S. District Court for the Eastern District of Tennessee against a hospital system based on hospital’s drug testing policy.
  • Won summary judgment on ADA discrimination, failure to accommodate, retaliation, and hostile work environment claims asserted against hospital system by a registered nurse in the U.S. District Court for the Western District of Washington.
  • Obtained summary judgment on pregnancy and disability discrimination claims brought by hospital employee against hospital system in the U.S. District Court for the Western District of Washington.

Government Investigations

  • Represented a Big 4 accounting/consulting firm in defending an OFCCP compliance evaluation. After OFCCP issued a pre-determination notice asserting gender-based pay discrimination and assessing over $3 million in alleged damages due, we identified material errors in the OFCCP’s compensation analysis and convinced OFCCP to withdraw all findings of pay discrimination.
  • Represented app-based platform connecting medical delivery drivers with customers in a New York Department of Labor proceeding asserting back contributions, penalties, and interest for alleged misclassification of platform users as independent contractors.
  • Obtained closure of U.S. Department of Labor investigation of multistate operations of nationwide home healthcare provider based on alleged non-payment of overtime without payment of back-wages or penalties by client.
  • On behalf of regional last mile trucking firm, appealed Maryland state unemployment assessment of over $500,000 in unpaid contributions and interest for alleged misclassification of drivers as independent contractors, resulting in the complete reversal of the assessment without liability to the client. 

Other Trial Experience

  • As first-chair trial counsel in Maryland state court, won a substantial judgment for non-payment of promissory notes arising from sale of regional electrical contractor business, defeating arguments that payment was prohibited by a subordination agreement with the financial institution financing the sale.
  • As first-chair trial counsel in Maryland state court, represented a corporate general counsel in connection with contract and consumer protection claims filed against general counsel based on leasing of luxury residential real property. Based on our advocacy, the plaintiff was awarded less than $100 in damages.
  • As second-chair trial counsel in Maryland state court, obtained directed verdict rejecting claims against client arising from the administration of a substantial estate and related trusts.