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Stephen B. Stern
Counsel
(202) 778-4067
sstern@tljlaw.com

Stephen Stern is active in the firm’s commercial litigation, insurance, and employment practices. Prior to joining Thompson, Loss & Judge, LLP, in 2009, Mr. Stern was a Partner at Ross, Dixon & Bell, LLP, where he also practiced in the areas of commercial litigation, insurance, and employment law.
Mr. Stern has successfully represented clients in federal and state courts and before federal, state, and local administrative agencies, including the EEOC and Department of Labor. His cases have involved various types of contract, tort, and statutory claims, some of which have resulted in jury and non-jury trials. For example, Mr. Stern successfully defended a publicly traded company in a case that was tried before a federal jury in the Eastern District of Virginia (a.k.a. the “Rocket Docket”) in which a former Group Vice President accused the company of discrimination on the basis of his age. In another case, Mr. Stern successfully represented on appeal a privately owned company that was facing a purported class action under the District of Columbia Consumer Protection Procedures Act. Other cases litigated by Mr. Stern have involved a broad range of issues, including insurance coverage disputes, noncompete agreements, trade secrets, wage/hour and wage payment matters, ownership interests in privately held companies, loan agreements, commercial and employment contracts, fiduciary duties, unfair competition, defamation, including defamation by an anonymous blogger, mass tort claims, professional disciplinary matters, false imprisonment, and civil rights violations.
In connection with his insurance practice, Mr. Stern regularly advises insurers regarding coverage issues involving various insurance products, including directors and officers liability policies, commercial general liability policies, employment practices liability policies, errors and omissions liability policies, public entity liability policies, excess liability policies, and umbrella policies. Mr. Stern also regularly represents insurers in coverage litigation. He has represented insurers in federal and state courts in connection with breach of contract actions, allegations of bad faith, and alleged violations of state unfair and deceptive trade practices acts. He also has defended insurers against allegations of participating in a tortious conspiracy and denying coverage on discriminatory grounds, among other types of claims.
Mr. Stern also has an active employment practice in which he helps employers of all sizes minimize exposure to liability by developing and implementing effective employment policies and practices. In this regard, he advises employers on strategic policy initiatives, such as trade secret protection programs, wage and hour practices, privacy concerns, independent contractor arrangements, employee handbooks, and document retention practices. In addition, he helps employers respond to issues that arise on a day-to-day basis, such as leave requests, employee discipline, ADA accommodations, and termination decisions. Clients also have retained Mr. Stern to conduct training seminars and investigate allegations of misconduct, such as fraud, drug use, sexual harassment, and other forms of unlawful harassment, discrimination, and retaliation. When litigation has been unavoidable, clients have called upon Mr. Stern to defend them against allegations of discrimination and harassment under various statutes (e.g., Title VII, ADA, ADEA, and comparable state statutes), Family and Medical Leave Act violations, wage and hour violations (both under the FLSA and similar state laws), retaliation under the whistleblower protection provision of the Sarbanes-Oxley Act (“SOX”), breaches of employment agreements and various common law duties, and COBRA violations. Employers also retain Mr. Stern to file lawsuits against former employees for breaches of noncompete agreements, misappropriating trade secrets or other confidential/proprietary information, failing to repay funds they were not entitled to retain, and defamation.
Outside his law practice, Mr. Stern is involved in community activities, including B’nai B’rith International, for which he serves on the Executive Committee and Board of Governors. In his capacity as a Board member, Mr. Stern attends embassy events, meets with government and community leaders, and attends policy conferences, among other things. Mr. Stern also represents TLJ on the Board of Directors for the Council for Court Excellence.
Practice Areas
Commercial Litigation
Insurance Coverage Counseling and Litigation
Employment
Education
J.D., George Washington University Law School, 1996, With Honors
B.S., Cornell University, 1993
Bar and Court Admissions
District of Columbia
Maryland
Virginia
U.S. District Court – District of Columbia
U.S. District Court – District of Maryland
U.S. District Court – Eastern District of Virginia
U.S. Court of Appeals – Third Circuit
U.S. Court of Appeals – Fourth Circuit
U.S. Court of Appeals – District of Columbia Circuit
Other Professional Affiliations
American Bar Association
District of Columbia Bar
Maryland State Bar Association
Society for Human Resource Management (National and Montgomery County Chapter)
Presentations and Speaking Engagements
"Strategies for Wage & Hour Compliance: How to Avoid the Wave of Wage & Hour Litigation," Northern Virginia SHRM (June 15, 2010)
“Guidelines for Conducting Effective Workplace Investigations,” Montgomery County SHRM (March 17, 2010)
“Navigating Compliance with the ADA,”
6th Annual Maryland SHRM State Conference (December 7, 2009)
"How to Protect Your Company in an Economic Downturn," Montgomery County SHRM Professional Development Seminar (May 13, 2009)
“HR’s Role in Protecting Intellectual Property and Confidential Information,” 5th Annual Maryland SHRM State Conference (December 4, 2008)
“Summary of Intellectual Property Law Basics” and Expanded Seminar, Motorcycle Industry Council’s Annual Meeting (February 15, 2008)
“Harassment Prevention,” American Correctional Association Winter Conference 2008 (January 16, 2008)
“Compensation Plans: Identifying Potential Liability for Maryland Employers,” 2007 Maryland SHRM State Conference (December 4, 2007)
“Protecting Trade Secrets and Other Confidential Information,” 2007 Virginia State SHRM Conference (October 3, 2007)
“Wage and Hour Law: Answers to Everyday Questions,” National Business Institute (November 2006)
“Prison Employees and the Americans With Disabilities Act,” 135th Congress of Correction, American Correctional Association (August 6, 2005)
“Employment Trends Crystal Ball: Looking Over Your Shoulder and into the Future,” 10th Annual Nonprofit Risk Management Institutes (October 19, 2004)
Publications
"Strategies for Analyzing and Responding to Sarbanes-Oxley Whistleblower Claims," Chapter in "Complying With Sarbanes-Oxley's Whistleblower Provisions," Aspatore Books (2009)
“Pleading a Sarbanes-Oxley Act Whistleblower Claim: What is Required to Survive?,” The Labor Lawyer (Fall 2007)
“Employers Need to Be Aware of the Various Laws, Regulations and Common Duties that Govern Apprenticeship Programs,” Human Resource Executive, Legal Primer (January 25, 2006)
“Supreme Court Rules On Evidentiary Matters Involving Mixed-Motive Employment Discrimination Cases,” FindLaw Corporate Counsel Center, (in summary) National Law Journal (September 2003), Corporate Counsel (October 2003)
“Legal Risks of Electronic Surveillance in the Workplace,” Maryland Bar Journal (February 1, 2002)
“Revisiting the 8/80 Rule: Drawbacks and Perk,” Baltimore Business Journal (April 1, 2000) |