Attorneys

“My goal is to work alongside my clients to ensure their compliance with the ever-changing employment laws and to fight for my clients’ interests when litigation is necessary. I want my clients to feel like I am part of their team and that they can call me at any time – day or night.”

Scott Mirsky

Principal

301-968-1648
301-654-7354 FAX
smirsky@paleyrothman.com

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Scott Mirsky is a Principal in the firm’s Employment Law and Litigation practice groups. He focuses his practice on advising and litigating construction, business, and employment disputes. He has experience in handling non-compete and trade secret disagreements, employment claims, issues concerning independent contractors, intellectual property infringement cases, complex construction issues, wage and overtime disputes, and breach of contract claims. Scott has over 20 years of experience representing individuals and businesses in diverse civil matters throughout the Washington, DC region. Scott also represents numerous language services companies in issues arising out of the independent contractor relationship.

Scott’s practice covers the full spectrum of litigation services including pre-litigation counseling risk and litigation management trials, hearings, arbitrations, and appeals before federal and state courts, and has earned a reputation for being passionate about his clients’ cases and legal challenges. He has provided successful representation to small, midsize, and national clients. Because of his experience in commercial and employment litigation, Scott counsels clients in connection with employment agreements and routinely litigates non-compete cases.

Scott currently resides in Montgomery County, Maryland, with his wife and twin sons. Scott is actively involved in his community and coaches MSI soccer. When he is not practicing law, Scott enjoys watching local sports, including the Baltimore Ravens, the Washington Capitals, and Washington Nationals.

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Bar Admissions
  • Maryland

  • District of Columbia

Education
  • J.D., magna cum laude, University of Baltimore School of Law, 1997
         - Casenotes Editor of the University of Baltimore Law Review 

  • B.A., American University, 1994

Civic & Community Involvement
  • Bar Association of Montgomery County
         - Co-Chair, Employment Law Section (2005-2007)
         - Member

  • ASTM Drafting Subcommittee F43.05 on Quality Assurance in Language Services
         - Active Member

  • DC Employment Justice Center
         - Pro Bono service

Representative Cases
  • Obtained an emergency preliminary injunction order that required client’s former salesperson, who had formed a competing business, to stop soliciting work from leads that were obtained during the time she worked for our client.

  • Obtained an order for a physician that declared a non-solicitation provision in his employment agreement to be unenforceable, which then allowed that physician to render medical services to his former patients without any restrictions.

  • Defense of nationwide employer who was accused of improperly using copyrighted software.

  • Represented hotel chain in nationwide litigation involving alleged construction defects caused by the hotel’s builders, as well as warranty claims against the building component manufacturers.

  • Was successful in having his client’s ERISA disability claim remanded back to the insurance provider for a full and fair review, when the insurance provider neglected to consider records and statements from insured’s treating physicians and social worker.

Speeches & Presentations
  • Attack on the Independent Contractor Relationship: Dynamex and Beyond,” 2019 ALC Annual Conference Capitol Hill Advocacy Day, Washington, DC, May 1, 2019

  • "Legal Ramifications of Dynamex on Employee Classification," ALC 2018 Washington Leaders Forum, Washington, DC, August 8, 2018

  • "Avoiding Employment Law Pitfalls for Language Service Companies," ALC 2018 Annual Conference, Scottsdale, AZ, April 27, 2018

  • "Understanding the Essentials of an Independent Contractor Agreement," ALC 2017 Annual Conference, Miami, FL, May 19, 2017

  • "Employment Policies to Protect Your Business," Rockville Chamber of Commerce, April 16, 2015

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