Services

We are committed to providing our clients with the highest quality service in both litigation and counseling.  We represent employers in all manner of employment litigation, both before the EEOC and similar state and local agencies, and in state and federal courts across the country. In addition to litigation arising out of claims of discrimination, workplace harassment, wage and hour law violations, leave entitlements, and wrongful termination, we also handle cases involving complex employment contracts, including cases seeking and resisting the enforcement of restrictive covenants. In each matter, we combine aggressive but efficient litigation with strategic diplomatic negotiation.

Our attorneys also act as counselors, working with our clients to help them stay on the right side of the law and avoid litigation whenever possible.  Our clients consider us part of the Human Resources team, and they benefit from our advice – from the recruiting and application process through termination, and everything in between.

Examples of our experience:

  • Litigation
    • We defend our clients against a wide variety of state and federal discrimination, harassment, and retaliation claims before courts and administrative agencies throughout the region and the country, including claims under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and all similar federal, state, and local laws.  Representative experience includes:
      • Obtaining summary judgment in the District Court of Maryland on behalf of an electrical contractor facing claims of race discrimination by a current employee.  Briscoe v. W.A. Chester, LLC, 2019 U.S. Dist. LEXIS 94851 (D. Md. June 5, 2019)
      • Obtaining summary judgment in the Eastern District of Virginia on behalf of a government contractor facing claims of disability discrimination and retaliation by a former senior manager.  Blanch v. Hexagon US Federal, Inc., 2018 U.S. Dist. LEXIS 177281 (E.D. Va. 2018).
      • Obtaining victory in a bench trial in the District Court of Maryland on behalf of a federal government defense contractor facing claims of age discrimination by a senior executive.  Tighe v. BAE Systems, Inc., No. CCB-14-2719 (D. Md. 2016).
      • Obtaining summary judgment in the District Court of Maryland, affirmed by the Fourth Circuit, on behalf of a utility company facing claims of race, age, and gender discrimination by a current employee.  Thomas v. Delmarva Power & Light Co., 2017 U.S. Dist. LEXIS 118505 (D. Md. 2017), aff’d 715 F. App’x 301 (4th Cir. 2018), cert. denied, 202 L. Ed. 2d 131 (2018).
      • Obtaining summary judgment in the Eastern District of Virginia with respect to claims of harassment, wrongful termination, and retaliation filed against a university by a former administrator.  Smith v. Strayer Univ. Corp., 79 F. Supp. 3d 591 (E.D. Va. 2015).
      • Prevailing on a motion to dismiss ADA and Title VII Claims pending against an office equipment supply company in federal court in Virginia.  Ebert v. Electronic Systems, Inc., Civ. Action No. 1:15-cv-782 (E.D. Va. 2015).
      • Obtaining summary judgment in the Eastern District of Virginia on behalf of a national mortgage company that had been named in discrimination litigation by a former employee.  Thomas v. SunTrust Mortgage, Civ. Action No. 1:13-cv-428 (E.D.Va. 2014).
    • We defend against wage payment claims as well as claims for commissions or other benefits claimed by current or departing employees, including:
      • Defending an international hotel management company in a putative collective and class action filed in the Southern District of New York by current and former employees under the FLSA and New York state wage and hour laws, and negotiating a favorable settlement
      • Defending a local construction company against claims for unpaid overtime in the Eastern District of Virginia
      • Defending a large regional bank from claims for failure to pay bonus and commissions to a high-level executive in the Fairfax County Circuit Court
      • Defending a university affiliated arts organization from a wage payment lawsuit in federal court in D.C.
    • We prosecute and defend against claims for breach of contract and violations of restrictive covenants, including:
      • Obtaining partial summary judgment on behalf of a legal technology services provider seeking damages from a former employee and the employee’s new employer, for breach of a non-solicitation agreement and tortious interference with customer relationships, in the United States District Court for the District of Columbia.  Legal Tech. Grp., Inc. v. Mukerji,  2019 U.S. Dist. LEXIS 97011 (D.D.C. May 13, 2019)
      • Securing the dismissal of a declaratory judgment action in which a competitor sought to have the court declare our client’s restrictive covenants unenforceable.
      • Obtaining preliminary injunctive relief in the Eastern District of Virginia on behalf of a large medical laboratory company against a group of former employees who set up a competing venture
      • Pursuing claims for breach of fiduciary duty and breach of contract against a former employee of a government contractor who left to set up a competing business
      • Securing an injunction in favor of a major mortgage company following the en masse departure of several key employees who started a competing business
      • Defending a small government contractor in trade secret litigation filed by a much larger competitor, and negotiating a favorable settlement
  • Discrimination and Harassment
    • We draft and provide enforcement guidance regarding company non-discrimination and non-harassment policies, complaint procedures, and retaliation prohibitions.
    • We provide advice and oversight of personnel decisions that could result in claims of employment discrimination.
    • We provide advice and counsel regarding employer obligations to accommodate employees with disabilities.
    • We offer employee training on workplace ethics and professionalism, including harassment and discrimination prevention, as well as specialized training for supervisors, managers and executives on recognizing and preventing discrimination and harassment.
  • Internal Investigations
    • We conduct investigations of employee claims of discrimination, harassment, retaliation or other wrongdoing, which often include sensitive witness interviews, complex document analysis and the important evaluation of witness credibility.
    • We advise employers regarding the structure and scope of appropriate investigations, the contents of any written report and appropriate follow-up actions.
  • Family and Medical Leave
    • We review company family and medical leave policies for compliance with state and federal law.
    • We counsel human resources managers and in-house counsel regarding the application of federal and state leave laws, and the interplay between leave laws and disability discrimination laws.
  • Wage and Hour Laws
    • We conduct wage and hour audits to evaluate compliance with state and federal law, and we provide detailed analysis of the various overtime exemptions.
    • We advise clients faced with the difficult task of re-classifying employees from exempt to non-exempt.
    • We advise employers regarding obligations under state wage payment laws.
  • Restrictive Covenants and Trade Secrets
    • We assess our client’s industry, technology and products or services to recommend appropriate restrictive covenants.
    • We craft confidentiality, non-competition, and non-solicitation agreements specifically tailored to the business needs of the client and the employee’s unique role in the company.
    • We negotiate business solutions to complex restrictive covenant and trade secret disputes when our clients seek to avoid the costs and distraction of litigation.
  • Employment Agreements
    • We negotiate and prepare all forms of employment agreements, from routine offer letters to the most complex executive contracts.
    • We draft contract amendments to address changes in business circumstances, including waivers of change of control, retention agreements and salary reduction amendments.
    • We prepare tailored severance agreements and releases for use during employee terminations.
  • Terminations and Reductions-in-Force
    • We counsel employers regarding selection criteria for reductions-in-force and assess the potential for resulting disparate impact and other claims.
    • We guide HR professionals and in-house lawyers through the process of individual or group terminations, including issues of termination meetings, security, property retrieval, network and computer issues, and post-termination issues such as providing references.
    • We draft WARN Act notices, as well as OWBPA-compliant disclosures and releases.
  • Collective Bargaining and Labor Disputes
    • We represent employers in collective bargaining with unions representing the employer’s workforce, acting as lead negotiators on behalf of our clients and interfacing directly with union representatives across the table.
    • We counsel employers with unionized workforces to ensure compliance with the terms of applicable collective bargaining agreements and the National Labor Relations Act.
    • We represent employers in arbitration relating to alleged breaches of collective bargaining agreements, as well as in unfair labor practice proceedings before the National Labor Relations Board.
  • Practical Guidance
    • We provide timely, practice guidance for in-house counsel and Human Resource professionals dealing with both routine and extraordinary employee relations issues.
    • We routinely work with management to structure performance improvement plans for at-risk employees and evaluate compliance.
    • We assist clients in determining whether employee terminations are both lawful and advisable.
    • We have counseled clients through situations in which employees posed a threat of violence, or when employees have been arrested or jailed.