
Mr. Grant is Chairman of Shulman Rogers’ Employment and Labor Group, co-chairs the Firm’s Business Litigation Group, and also serves on the Firm’s Board of Directors.
Mr. Grant brings extensive experience to the Firm and his clients from over twenty years of representing all types of business entities, owners, executives (including officers and directors) and other individuals, in an array of employment/business operations-related matters - as well as in dispute avoidance – locally in Virginia, Maryland, the District of Columbia – and across the country wherever his clients regularly transact business.
Whether a LLC, C-or-S Corporation, or individual, Mr. Grant’s primary focus is the protection of his client’s economic or personal interests, competitive advantages and legal rights in both the commercial and federal marketplace. As a counselor, he guides on a day-to-day or as needed basis through the growing complexities presented by evolving federal and state laws governing employees, officers, directors, minority shareholders/members, independent contractors, and the joint venture partners they may affiliate with or be responsible to. As a seasoned advocate, he provides his clients with candid feedback, options and expectations when they contemplate taking action or, alternatively, are forced to defend themselves in court, arbitration, or before an administrative agency. Offering a pragmatic, cost-benefit approach – rather than espousing “a one-size fits all” or “damn the torpedoes” strategy – his playbook adeptly pursues the successful resolution of these challenges through the development and implementation of “best practices”, training, negotiation or mediation and, when necessary, litigation or arbitration.
Outside of the courtroom, Mr. Grant routinely represents clients in EEOC or locally-initiated investigations of employee or former-employee claims of discrimination, retaliation or other statutory violations. He regularly counsels clients regarding employee discipline/termination issues, worker classification (employee v. independent contractor - or - exempt v. non-exempt) and assists in properly identifying, analyzing and working through the myriad of challenges faced by office managers, HR Directors, Presidents, or business owners every day as they try to interpret and comply with the ADA, ADEA, FMLA, FLSA as well as corresponding state and local statutes. In addition, Mr. Grant regularly represents clients in response to audits and/or investigations initiated by federal (DOL/OFCCP) and state (Unemployment/Wage & Hour) agencies and has successfully defended and resolved these inquires.
In the courtroom and before arbitration panels, Mr. Grant handles complex matters involving employee-employer, partner, fiduciary, and officer/director obligations and/or disputes. As a result, he regularly pursues Temporary Restraining Orders (TRO’s) and Preliminary Injunctions in both state and federal courts when prosecuting restrictive covenant (non-compete and non solicitation), confidentiality (non-disclosure) and trade secret violations. Recognizing the benefit of his “plaintiff” experience and insight, Mr. Grant is also often asked to defend exiting executives or other high-level employees (or their new employers) from overbroad contract restrictions and other unfair restraints on employment and trade.
As part of his employment practice, Mr. Grant represents individuals associated or affiliated with FINRA members, be they financial advisors, research analysts or investment brokers, with regard to their separation and compliance issues. This includes counseling those “in transition” regarding their Protocol for Broker Recruitment obligations, or representing them in FINRA arbitration or litigation concerning disputes related to their former broker-dealer employer. Moreover, he has assisted several departing "teams" in establishing their own independent businesses, while resolving any obligations or disputes from past affiliations.
Representative Cases:
Resolved federal employment claims brought against a large Virginia-based Government Contractor in the Eastern District of Virginia federal court and worked to develop and implement employee training in avoidance of litigation and potential future claims;
Resolved claims against and counterclaims asserted by several Maryland-based financial advisors involving their former employer in FINRA arbitration, through successful mediation;
Negotiated mutually-beneficial separations for high-level executives at three publicly-traded corporations based in California, Maryland and New Jersey; Negotiated mutually-beneficial separations on behalf of two privately held, Maryland-based corporations with high-level executives in California, Boston and North Carolina.
Secured Permanent Injunctions in the Eastern District of Virginia federal court against former employees and judgments against their new employers, successfully prosecuting breach of contract, trade secret and breach of fiduciary duty claims;
Secured TRO and Permanent Injunction in Maryland federal court against former employees and their new company for a large Virginia-based Government Contractor;
Successfully defended departing financial advisor group from overbroad restrictive covenants and alleged trademark violation claims – allowing them to seamlessly transfer a very lucrative portfolio to an independent broker-dealer without protracted, costly litigation;
Successfully narrowed TRO in Montgomery County, MD and negotiated favorable settlement of non-compete/trade secret dispute for the parent of the Mobile Travel Guide;
Secured TRO/Permanent Injunction against a former member of a cardiology practice in Prince George’s County, Maryland.
As co-chair for Business Litigation, Mr. Grant identifies each client’s unique interests and goals and, then, creates a strategy that reflects those unique interests while attaining the client’s goals. Mr. Grant’s technical experience in complex business disputes reflects the sophistication and diversity of Shulman Rogers’ capabilities. Mr Grant regularly:
- Represents companies in breach of contract, fraud, negligence, breach of fiduciary duty and other business disputes;
- Represents partners/owners in negotiated or litigated “business divorces” and related separation or dissolution matters;
- Represents minority shareholders or members in prosecuting derivative (or direct) claims against majority shareholders or controlling members. Represents majority shareholders or controlling members in defending derivative or direct claim lawsuits;
- Represents companies or individuals in defending or prosecuting trade secret, trademark, copyright, patent rights as well as other intellectual property related claims.
Successfully prosecuted minority shareholder derivative claims, securing favorable out-come, including exit-strategy, for several out-of-state investor clients;
Successfully protected trademark rights of Virginia-based financial advisor group in D.C. federal court, without protracted, costly, litigation;
Secured TRO/Permanent Injunction in Prince William County, Virginia against a former owner/seller (and his new company) for the buyers of Virginia-based general contractor;
Co-counsel defending large California-based internet communications company in patent infringement case in Maryland federal district court;
Successfully defended departing financial advisor group from overbroad restrictive covenants and alleged trademark violation claims – allowing them to seamlessly transfer a very lucrative portfolio to an independent broker-dealer without protracted, costly litigation;
In addition to representing “for-profit” commercial entities, Mr. Grant serves as “outside in-house counsel” to several 501(c)(3) not-for-profit associations and federations. While offering much of the same support and counsel as provided to commercial entities, Mr. Grant also counsels these exempt organizations in uniquely applicable matters, including anti-trust compliance, membership (exclusion and expulsion) issues, standards setting and certification - and offers training programs to assure continued education and compliance.
Mr. Grant also counsels government contractors with regard to their day-to-operations, unique employment-related concerns and obligations, and in federal compliance matters. He has defended them in civil litigation including employment, subcontract and teaming agreement disputes, as well as in civil prosecutions including False Claims Act allegations. In administrative matters, he has represented contractors in civil suspension and debarment proceedings resulting from IG or DOJ investigations and prosecutions.
In between receiving two degrees from Georgetown University, Mr. Grant served as assistant to the Executive Vice President and Provost of the University, where he gained invaluable experience in academic administration and fund-raising - all while managing to spend summers “in residence” at Georgetown’s Villa le Balze in Fiesole, Italy.
He was born in Milwaukee, Wisconsin and currently lives in Northern Virginia.
News
- 6 Things You Need to Know About the Family and Medical Leave Act
- Keep an Eye On Your Private Eye
- FedEx Agrees to Pay $3 Million to Settle Hiring Claims
- When HR Sues
- Protecting Interests, Within Legal Reason
- Court gives claws to ‘cat’s paw’
- SHULMAN ROGERS ATTORNEYS RECOGNIZED AS “LEGAL ELITE”
- Office policies on sexual harassment can help prevent claims -- from men or women
- Recession Causes Rise In Man-On-Man Sexual Harassment Claims
- More Men Make Harassment Claims
Events
- Independent Contractors Under Siege: The Employee vs. Independent Contractor Classification Dilemma
February 28, 2012 - The ABC's of Employee Discipline and Termination (Non profit HR Conference)
October 11, 2011 - The ABC's of Employee Discipline and Termination: A Proactive Approach for Association Executives. (ASAE Conference)
May 13, 2011 - Employment Roundtable: The ABC's of Employee Discipline and Termination
October 28, 2010 - Women in Technology “Connect Series”
October 21, 2010 - Employment Roundtable: The Employee v. Independent Contractor Dilemma
April 22, 2010
Professional & Community Affiliations
- Bar Association of Virginia, Member
- Bar Association of Maryland, Member
- Bar Association of the District of Columbia, Member
- Bar Association of Fairfax, Virginia, Member
- Bar Association of Montgomery County, MD, Member
- John Carroll Society
