Scott A. Mirsky

Scott Mirsky is a Principal in Miller, Miller & Canby's Employment Law and Employment Litigation practice. He focuses his practice on advising and litigating construction, business, and employment disputes. Scott 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 under the FLSA and state law, and breach of contract claims. He has more than 20 years of experience representing individuals and businesses in diverse civil matters throughout the Washington, DC region. He 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. He 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 also devotes a significant amount of his practice to counseling employers regarding the independent contractor relationship and defending employers in wage and hour litigation (including collective and class action matters). Scott currently resides in Montgomery County, Maryland, with his wife and twin sons. When he is not practicing law, Scott enjoys watching local sports, including the Baltimore Ravens, the Washington Capitals, and Washington Nationals. Awards and Honors Super Lawyers® Selectees Scott A. Mirsky included in a Super Lawyers® list Honors Maryland Super Lawyers (2019, 2023) Best Law Firms – U.S. News & Best Lawyers (2013-2023) – Tier 2 National Ranking for Litigation – Labor & Employment Best Law Firms – U.S. News & Best Lawyers (2013-2023) – Tier 2 National Ranking for Employment Law – Management Best Law Firms – U.S. News & Best Lawyers (2013-2023) – Tier 1 Metropolitan (D.C. area) Ranking for Litigation – Labor & Employment Best Law Firms – U.S. News & Best Lawyers (2013-2023) – Tier 1 Metropolitan (D.C. area) Ranking for Employment Law – Management Martindale Hubbell AV-Preeminent Peer Rating Other Sources of Feedback About Scott A. Mirsky Included on the 2026Maryland Super Lawyers list Past Lists 2025 Maryland Super Lawyers list 2024 Maryland Super Lawyers list 2023 Maryland Super Lawyers list 2019 Maryland Super Lawyers list

• Principal
• Representative Clients
• Represented restaurant in the defense of wage and hour collective and class action litigation.
• 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.

• Maryland
• District of Columbia

• Bar Association of Montgomery County (Co-Chair, Employment Law Section (2005-2007), Member)
• Maryland State Bar Association (Member, Board of Governors (Present))
• ASTM Drafting Subcommittee F43.05 on Quality Assurance in Language Services (Active Member)
• DC Employment Justice Center (Pro Bono service)
• HR.com (Advisory Board Member (Legal, Compliance and Employment Law 2021 research))