TBH&E is proud to announce that Partners James M. Timmerman, Jason P. Beaulieu and Justin W. Esworthy have been selected by their peers as 2020 Super Lawyers for the State of Maryland, a distinction awarded to less than 5% of all attorneys in the State.

Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research of a candidate’s professional achievement and ethics.  Selections are made on an annual, state-by-state basis.

As we enter 2019 and celebrate the Firm’s 5^th Anniversary, the partners of TBH&E are proud to announce the addition of Theresa Withers-Williams and Sean D. Harding as the newest attorneys to our legal team.

Theresa joins TBH&E as Of Counsel and will focus on the Firm’s Business and Corporate practice. She has vast experience as a business and legal advisor to a diverse group of private and publicly held businesses. Theresa’s practice focuses on general corporate and business matters, commercial contracts, mergers, acquisitions (domestic and international), stock and asset sales, reorganizations, restructuring, complex joint ventures, financing transactions, venture capital investments, licensing, and franchising.

Sean joins TBH&E following his judicial clerkship with the Honorable Melanie Shaw Geter of the Maryland Court of Special Appeals. He is a graduate of the University of Maryland School of Law, with honors, and was a member of the National Trial Team. Sean’s practice will focus on insurance defense and commercial and business litigation.

We are excited to welcome Theresa and Sean to our team and look forward to their contributions in providing our clients with top-notch legal experience, service, and value.

TBH&E celebrated its 4-year anniversary on February 10, 2018! We would like to thank our clients, families, and friends for their trust and support. We look forward to continued success, growth, and service in the years to come.

 

TBH&E Partner Mike Hinkle has been selected as a Fellow of the Litigation Counsel of America. The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership. The number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively, with recognition of excellence in litigation across all segments of the bar. Fellows are generally at the partner or shareholder level, or are independent practitioners with recognized experience and accomplishment. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.

 

Mike is a founding partner of Timmerman, Beaulieu, Hinkle & Esworthy, LLC.  His practice focuses on complex civil and business litigation.  He can be contacted by phone at (443) 608-5515 or by email at mjh@tbhelaw.com.

TBH&E Partner Mike Hinkle has again been named to the Super Lawyers® Rising Star List for the Commonwealth of Pennsylvania. Mike is one of only 2.5% of practicing attorneys under the age of 40 to receive this distinction in 2016. Selections are made on an annual, state-by-state basis and recognize attorneys who have attained a high-degree of peer recognition and professional achievement.  Honorees are selected for inclusion following a rigorous, multi-phase selection process that includes independent research, peer nominations and peer evaluations.  Mike’s inclusion will be commemorated in the June 2016 issue of Philadelphia magazine.

Mike is a founding partner of Timmerman, Beaulieu, Hinkle & Esworthy, LLC.  His practice focuses on complex civil and business litigation.  He can be contacted by phone at (443) 608-5515 or by email at mjh@tbhelaw.com.

 

Employer’s Breach (Damages) – Question: Are damages for breach of a contract’s notice provision recoverable for the balance of the contract’s term? Answer: No.

Recently, The Honorable Richard D. Bennett, U.S. District Court for the District of Maryland, considered whether the proper measure of damages when an employer fails to comply with a notice of termination provision is limited to compliance with the notice provision. In Thompson v. Naval Academy Athletic Association, No. 12-2676 (D. Md. 19, 2014), Mr. Thompson contended that the Naval Academy Athletic Association (“NAAA”) terminated his employment without the requisite 180 days’ notice, and therefore, he sought compensation for the duration of the contract period. Judge Bennett relying on established Maryland law concluded that “[w]hen a party to a contract may terminate that contract at any time upon a specific period of notice to the other party, the injured party may recover only those profits he would have accrued during that period.”

Judge Bennett’s decision is helpful in clarifying the current Maryland law on damages when an employment agreement is terminated without proper notice.

---

 

About the Author

Jim Timmerman is a founding partner of Timmerman, Beaulieu, Hinkle & Esworthy, LLC. Jim’s practice focuses on complex business and commercial litigation, including the defense of companies in labor and employment matters, in the federal and state courts of Maryland. He can be contacted at (410) 649-4440 or via email at jmt@tbhelaw.com.