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Steven D. Frenkil represents management in all aspects of employment law. He advises and defends employers on matters including: employment discrimination; sexual and racial harassment; non-competition, non-solicitation and non-disclosure agreements; trade secret protection; employment and severance agreements; employee performance and discipline; personnel practices and policies; reductions in force; confidential investigations of sensitive issues; wrongful discharge and whistleblower claims; defamation and other employment torts; ADA, FLSA, FMLA, OFCCP and OSHA compliance; and arbitration and mediation. He represents employers before federal and state courts and administrative agencies throughout the country. He also regularly provides counsel to and defends colleges, universities and independent K-12 schools in a broad array of issues and litigation involving faculty and other employees, as well as in student discipline and other matters. Mr. Frenkil served as lead counsel for a national foodservice distributor in a non-solicitation and non-disclosure case filed against its largest competitor and two former employees, alleging unfair competition, breach of contract and tortious interference. The Court granted a preliminary injunction prohibiting the competitor and the former employees from soliciting certain customers and from using or disclosing our client’s confidential information. Following discovery, the parties negotiated a final consent order enjoining the former employees from soliciting specified customers and employees and prohibiting the use or disclosure of confidential information. (U.S. Foodservice v. Michael Mattingly, et al., Circuit Court for Anne Arundel County, Maryland.) Mr. Frenkil successfully defending a Maryland college in a lawsuit by a former assistant professor whose tenure application was rejected both by the college’s president and the board of trustees. She alleged that the denial of tenure breached the college’s contract with her. She challenged the school’s assessment of her professional development and asserted that her tenure denial had been wrongful on both procedural and substantive grounds. After lengthy discovery, the court rejected all of her claims and granted the college’s motion for summary judgment. Mr. Frenkil and the Labor & Employment group guided a Maryland-based employer through a large reduction in force, which included many employees with long-term company service. The reduction and reorganization was prepared to comply with all applicable laws and to assure that our client was able to retain those employees critical to the company’s future success. Every employee terminated in the RIF signed a severance agreement waiving all claims against the company. Mr. Frenkil represents employers in numerous industries, including architecture, bioscience, consulting, education, financial services, fitness and health, foodservice distribution, manufacturing, milk and beverage processing, professional services, real estate brokerage, retail sales, technology, and telecommunications. He presents seminars and training sessions for clients and numerous industry groups and associations throughout the country. Practice Areas: Alternative Dispute Resolution Labor & Employment ADA & FMLA Claims Education Employment Discrimination Litigation Government Audits & Investigations Human Resource Management Investigations & Internal Compliance Audits Non-Competition Agreements & Trade Secrets Representing Employers in Health & Safety Issues Severance Agreements Traditional Labor, Collective Bargaining & Labor Antitrust Matters Workforce Reduction, Plant Closings & WARN Bar Admissions/Court Admissions:District of Columbia Maryland United States Court of Appeals for the District of Columbia United States Court of Appeals for the Fourth Circuit United States District Court for the District of Columbia United States District Court for the District of Maryland Education:University of Maryland, J.D. 1977, with Honors. George Washington University, B.A. 1974, with Distinction, and Phi Beta Kappa. Affiliations, Associations and Special Achievements: American Bar Association: Section on Employment and Labor Law Baltimore Magazine: Listed as a Maryland Super Lawyer (2007, 2008) Best Lawyers in America (2006-2007) Chambers USA: Listed in the area of Labor & Employment(2004-2007) George Washington University Alumni Association: Board of Directors Howard County Human Resources Society: Board Member and Legislative Chair (2004-2007) Leadership Howard County: Class of 2002 Maryland Chamber of Commerce: Employment Issues Committee Maryland State Bar Association: Section on Employment and Labor Law, Section Council National Association of College and University Attorneys Society for Human Resource Management Who’s Who Legal: USA Management and Labor Law (2006) Publications: How Insurance Companies Can Avoid and Defend Against Discrimination Complaints, The Forum, Volume17, Number 4, American Bar Association (Co-Author) (1982). The Digest of Maryland Cases on Discrimination, MICPEL (1985). The Maryland Cases on Discrimination, MICPEL (Co-Editor) (1986). The State as a Party Defendant: Abrogation of Sovereign Immunity in Tort in Maryland, Maryland Law Review, Volume 36, Number 3 (1977). Publication Uploads: Common Vacation Policies Called Into Question in Maryland, Miles & Stockbridge News Brief (November 08, 2007). Criminal Background Checks: Risks and Restrictions, Sex Offender Registries, and Related Issues, National Association of College and University Attorneys (Co-Author) (March 2007). Medical Center Employment Issues: Tell Me Where It Hurts, National Association of College and University Attorneys (Co-Author) (May 2003). Negligent Hiring and Retention: Background Checks, Reference Checks and Other Issues, National Association of College and University Attorneys (Co-Author) (March 2006) (also reprinted in NACUA Handbook for Lawyers New to Higher Education, Second Edition, 2007). Speaking Engagements: Advanced Issues in Employee Background Checks Roundtable Conference, United Educators Insurance (May 2006). But You Can’t Make Me Come to Work Employee and Employer Conflict Regarding Leaves of Absence, Accommodations of Disabilities and Related Issues, Maryland State Bar Association Annual Meeting, Ocean City, Maryland (June 2006). Criminal Records or Conduct and Discrimination Cases, National Association of College and University Attorneys Conference (March 2007). Employment Law for Human Resources Professionals, Council on Education in Management, Baltimore, Maryland (February 2002). Employment Law Issues, Association of School Business Officials, Baltimore, Maryland (December 1999). Employment Law Traps and How Your Clients Can Avoid Them, Maryland Association of Certified Public Accountants, Baltimore, Maryland (November 2004). Hot Topics in Employment Law, Annual Seminar (2003-2007). Negligent Hiring and Retention: Background Checks, Reference Checks, and Other Issues, National Association of College and University Attorneys Conference (March 2006). Negotiating the Legal Morass for School Counselors, Association of Independent Maryland Schools, Baltimore, Maryland (October 2003). Privacy Issues, Council on Education in Maryland, Baltimore, Maryland (April 1997). Roundtable Conference: Background Checks for Employees: Challenging Issues, United Educators Insurance (May 2006). Sexual Harassment - How to Make a Case and How to Defend It, Maryland State Bar Association Annual Meeting (June 2005). Suit Happy: Protecting Yourself in Today's Litigious Environment, Maryland Chamber of Commerce, Baltimore, Maryland (September 1997). The ADA and FMLA After Ten Years, Maryland State Bar Association Annual Meeting, Ocean City, Maryland (June 2004). The Basics of Employment Law, Council on Education in Management, Baltimore, Maryland (March 1999). Understanding Today's Workplace, Baltimore, Maryland (May 2003).
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