Jim is a founding member of the firm who has spent more than twenty-four years advising individuals and businesses of all sizes on general business and employment matters and handling all manner of complex litigation matters. Jim enjoys advising clients on a broad range of issues including, but not limited to, contract claims, corporate and partnership disputes, Uniform Commercial Code matters, construction disputes, products liability, labor and employment matters, and real estate related claims. Jim has also represented individuals and businesses throughout the Mid-Atlantic region in general liability, employment, hospitality, entertainment, and insurance-related matters including, but not limited to professional liability and malpractice defense, premises liability, security, and dram shop related claims.
Jim’s broad range of litigation experience includes pre-suit risk management and assessment, trial and appellate work in state and federal courts and before various administrative agencies, and extensive arbitration and mediation work. Jim is well-versed in labor and employment law, having defended numerous employers and insurance carriers in employment matters in state and federal courts and in administrative proceedings, including those before the Equal Employment Opportunity Commission, the Maryland Commission on Civil Rights, the Howard County Office of Human Rights, the Montgomery County Commission on Human Rights, the Prince George’s County Office of Human Rights, and the National Labor Relations Board. Jim has extensive experience in handling labor and employment claims including, but not limited to, discrimination, retaliation, harassment, hostile work environment and wrongful termination, among other areas. Jim has also defended numerous employers in wage and hour claims brought under the FLSA and the various wage and hour laws of Maryland.
In addition to his litigation practice, Jim has served as outside counsel advising manufacturers, employment agencies, medical practices, and other businesses on general corporate and risk management issues.
Prior to founding TB&H, Jim was a principal with Miles and Stockbridge P.C. and litigation partner with Tydings and Rosenberg LLP. He also served as senior counsel for a national insurance carrier that specializes in the entertainment and hospitality industry.
In recognition of his accomplishments, Martindale-Hubbell awarded Jim its AV Peer-Review Rating, the highest rating available. Jim has also been voted by his peers as a Maryland Super Lawyer®, an honor bestowed on only 5% of practicing attorneys.
Outside General Counsel & Risk Management
- Served as outside counsel to large medical practice, foreign based bus manufacturer, and internet business founded by professional baseball players.
- Provide ongoing advice and counsel to businesses on litigation matters, insurance coverage issues, employment manuals, document retention issues, risk management protocols and procedures, and requests for medical records and documents requested pursuant to state and federal statutes governing access to public records.
- Served as outside counsel to manufacturer of advanced electro-optical sensing systems for law enforcement, military and surveying applications throughout U.S.
- Advised senior managers on contracts related to labor and employment, contract disputes, and service agreements with cities and municipalities throughout the U.S.
- Managed local counsel, handled discovery requests, and negotiated confidentiality/joint defense agreements.
Representative Litigation Experience
- Represented national network of independent truck parts distributors in contract dispute with former stockholder.
- Represented national financial institution embroiled in a contract dispute with mental healthcare provider.
- Defended federal complaint against banking institution alleging fraudulent mortgage practices.
- Pursued complaint for injunctive relief and damages against business owner involved in fraudulent scheme to divert corporate funds for personal use. Recovered $800,000+ before trial and judgment for additional $1,000,000+.
- Defended design professionals in negligence claim seeking more than $6,000,000 related to the design and construction of the Baltimore County Detention Center Expansion.
- Defended putative class action complaints arising under state and federal consumer protection laws.
- Defended international manufacturer on alleged violation of a non-competition agreement, defeating an attempt to obtain a temporary restraining order against the client.
- Successfully defended dissolution proceeding brought by disgruntled minority shareholder.
- Defended action seeking $1,000,000+ arising from unsuccessful investments in real estate development projects.
- Pursued complaint on behalf of trustee against co-trustees for breach of fiduciary duty and successfully forced return of commercial properties and assets worth several million dollars.
- Handled disputes with Department of Transportation related to importation of foreign manufactured vehicles.
PUBLISHED DECISIONS
Trinity Health System v. MDX Corp., 907 N.E.2d 746 (2009) (Succeeded in appeal where court denied non-signatory’s effort to avoid arbitration clause).
National Union Fire Ins. Co. v. Manufacturers and Traders Trust Co., 137 Fed.Appx. 529 (4th Cir. 2005) (Judicial estoppel barred insurer from arguing that check payees were fictitious persons under Maryland law).
Huber v. JLG Industries, Inc., 344 F. Supp. 2d 769 (2003) (Post-trial team in action where court granted $2 million post-trial verdict reduction in favor of client/manufacturer).
The Redemptorists v. Coulthard Services, Inc., 145 Md. App. 116 (2001) (Oft-cited decision on waiver of contractual right to arbitration).
Comber v. Prologue, Inc., 2000 U.S. Dist. Lexis 16331 (2000) (Trial team in action where court granted summary judgment in favor of client/employer on employee’s ADA claim).
Noble v. Bruce, 349 Md. 730 (1998) (Maryland Court of Appeals established strict privity rule precluding beneficiaries’ actions against attorneys).
EDUCATION
UNIVERSITY OF BALTIMORE SCHOOL OF LAW, Baltimore, MD
J.D., magna cum laude
THE JOHNS HOPKINS UNIVERSITY, Baltimore, MD
B.A. in Economics
C. Gardner Mallonee Award – Outstanding Contribution to Athletics 1986 – 1990
Varsity Baseball Team 1986 – 1990 | College World Series 1989
BAR ADMISSIONS & PROFESSIONAL AFFILIATIONS
Licensed to practice law in the State of Maryland
Admitted in U.S. District Court for Maryland
Admitted in United States Supreme Court
Admitted in U.S. Court of Appeals, Fourth Circuit
American Bar Association
Maryland State Bar Association
Baltimore County Bar Association
Leadership Baltimore County, 2007
University of Baltimore Alumni Board of Governors (past)
Baltimore County Police Athletic League Board, Vice President (past)
Johns Hopkins University Blue Jays Unlimited, Advisory Board (past)
Mt. St. Joseph High School, Hall of Fame Committee (current)