Practice Expertise

  • Insurance
  • ERISA Litigation
  • Emerging Growth Companies
  •  

Areas of Practice

  • Emerging Growth Companies
  • ERISA Litigation
  • Insurance
  • Labor and Employment
  • Life, Health and Disability Litigation
  • Managed Care Litigation
  • Retail
  • Small Dollar and Unsecured Consumer Lending
  • View More

Profile

Matt Miller has over 25 years of experience representing and advising management in all areas of labor and employment law. Matt regularly represents and advises companies in matters involving discrimination laws, including Title VII, ADA, ADEA and FMLA matters as well as wage and hour law (FLSA and state), ERISA benefit claims, OSHA preventive procedures and reviews, investigations and litigation, and covenants not to compete. He regularly advises clients on preventive measures, including creation and revision of policies and procedures, and represents clients in court cases and arbitrations in federal, state and administrative forums. Matt has tried jury, non-jury and arbitration cases to decision and has litigated cases ranging from a single plaintiff to those involving thousands of plaintiffs. His clients include large publicly traded companies, privately held businesses of all sizes, family companies and start-ups.

Bar Admissions

  • Alabama, 1994

Court Admissions
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Northern District of Alabama
  • United States District Court, Middle District of Alabama
  • United States District Court, Southern District of Alabama

Education

  • University of Virginia School of Law, J.D., 1994, Justice William Minor Lyle Moot Court Board
  • James Madison University, B.S., 1991, summa cum laude; Mortar Board; Omicron Delta Kappa; Sigma Chi Fraternity

Areas of Practice

  • Emerging Growth Companies
  • ERISA Litigation
  • Insurance
  • Labor and Employment
  • Life, Health and Disability Litigation
  • Managed Care Litigation
  • Retail
  • Small Dollar and Unsecured Consumer Lending

Professional Career

Significant Accomplishments
ERISA

Blair v. Metropolitan Life Insurance Company, 955 F.Supp.2d 1229 (N.D. Ala.)
Successfully defended two ERISA benefits claims, obtaining judgment for claims administrator and dismissal of subsequent claim.

Witt v. Metropolitan Life Insurance Company, et al., 12-CV-2157 – (N.D. Ala.)
Successfully defended ERISA benefits claim, obtaining judgment for defendants.

Sorrells v. Sun Life, U.S. District Court, (S.D. Ala.)
Successfully defended company in ERISA benefits claim, creating positive precedent in Alabama on issue.
 
NON-COMPETITION/RESTRICTIVE COVENANTS
EBSCO Industries, Inc. v. Jerry H. White, et al., CV-03-HS-2404-S (N.D. Ala.)
Represented EBSCO Industries, Inc. in enforcing non-compete agreements signed by two of its former employees in Oklahoma and in enforcing its trade secret rights from misappropriation by the former employees and a third individual who had not previously worked for EBSCO. The court granted motions for TRO and later for preliminary injunctions against the former employees. Ultimately, permanent injunctions by consent were entered that ordered the defendants to comply with the terms of the non-compete and confidentiality provisions of their agreements and that otherwise protected EBSCO’s trade secrets.

Ormco v. Johns, Jefferson County, Alabama Circuit Court, Alabama Supreme Court
Created precedent establishing a new presumptive standard for protectible interests in Alabama.
 
FLSA
Hornsby v. Two Men & A Truck, U.S. District Court, (N.D. Ala.)
Successfully defended company in wage and hour putative collective action.

Tyler v. Payless Shoe Source, Inc., No. 2:05-CV-33F (WO), 2005 WL 3133763 (M.D. Ala.)
Successfully defended company in wage and hour putative collective action. Obtained successful resolution in similar claim filed in Mississippi.

Defended storage company against wage and hour claims
Successfully defended a national storage company in wage and hour claims of alleged off-the-clock work, obtaining decision in favor of client. Fully arbitrated.
 
SEXUAL DISCRIMINATION/EQUAL PAY
Marquis v. City of Hamilton, U.S. District Court, (N.D. Ala.)
Successfully defended company in case involving claims of sex discrimination, Equal Pay Act and retaliation.
 
FMLA
Obtained summary judgment for client is case involving FMLA interference and retaliation claims; decision upheld on appeal to Eleventh Circuit.
 
RACE DISCRIMINATION
Phillips v. Hibbett Sporting Goods, Inc., U.S. District Court, (M.D. Ala.)
Successfully defended company against race discrimination claim.
 
WORKERS’ COMPENSATION
Pittsburg & Midway Coal Mining Co. v. Rubley, Tuscaloosa, Alabama Circuit Court, Alabama Court of Civil Appeals
Successfully defended company in claim of worker's compensation fatality.
 
ADA DISCRIMINATION
Successfully defendant client in claim of race discrimination, retaliation and disability discrimination, obtaining summary judgment for client.
 
ADA ACCESS
Successfully defended large condominium association in case brought by two plaintiffs alleging violations of ADA access laws, obtaining dismissal of their complaint.




Blogs

Declassified

The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends. Declassified covers topics ranging from significant Supreme Court and appellate court decisions regarding class certification requirements to proposed or enacted legislation, rules and regulations that impact class action litigation to key industry developments that may indirectly impact class action...

Labor & Employment Insights

Our Labor and Employment team has extensive experience helping our clients resolve disputes both in and out of the courtroom. We are proud to work with a large and diverse group of local, regional, and national clients in a variety of industries, including healthcare, manufacturing, mining, media, transportation, restaurant and food services, education, temporary and permanent staffing, and many others.

Patent 213

Patent law, like most things in life, is subject to change. Changes to patent laws not only impact investment in your existing IP, but directly shape strategies to protect your freedom to operate. The Patent 213 blog provides up-to-date, insightful analysis of the evolution in the written description and enablement requirements of 35 USC 112 and the subject matter eligibility requirements of 35 USC 101. The Patent 213 blog analyzes key decisions from the district courts and the Federal Circuit,...

The Law of Order

Bradley’s The Law of Order blog serves as a general parliamentary procedure resource, providing information about creation and revision of governing documents (constitutions, bylaws, or rules), application of Robert’s Rules of Order and other procedural authorities in a variety of contexts (such as nonprofits, political parties, homeowners associations, unions, churches, trade associations), and leadership of any type of organizational meeting. In an effort to make all things parliamentary more...

Meet our Firms and Professionals

WSG’s member firms include legal, investment banking and accounting experts across industries and on a global scale. We invite you to meet our member firms and professionals.