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Two people walking down the wedding aisle rarely think at the time about how to divide their assets in the event of a divorce. In some circumstances, however, the couple will have entered into a prenuptial agreement, outlining the property and financial rights of each spouse in such an event. Most construction contracts, however, do…

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Courts have struggled over the years to define which of the tasks involved in preparing for work, as well as leaving it, are “compensable” to employees. Disparate results have been difficult to reconcile with each other. Recently, the U.S. Supreme Court set a more specific standard for sorting out that issue. The Portal-To-Portal Act (“the…

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New York’s top appellate court recently affirmed a lower court ruling against the estate of Duke Ellington in a claim brought against the jazz legend’s record company, EMI. The plaintiff, Ellington’s grandson, filed suit to recover royalties claimed to be due the estate under a U.S copyright renewal agreement from 1961 that covered certain relevant…

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Information technology companies sometimes hinder estate executors and trustees from gaining access to a deceased person’s digital records and assets, as interpretations of existing law apparently lag behind innovations in technology. In a poignant example of a digital terms-of-service agreement preventing a family’s access to the records of a deceased loved one, Yahoo! in 2004…

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Below are some of the latest developments in employment law affecting federal and state contractors. Limits to Enhanced Damages Under Maryland’s Wage Law A terminated employee’s attempt to expand eligibility for enhanced damages under Maryland’s Wage Payment and Collection Law (“WPCL”) was rejected by the Maryland Court of Appeals. The law provides that a court…

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The purpose of an employment agreement is to agree upon the terms and conditions of employment in advance – perhaps most important among them being how to end it in the event the relationship deteriorates. Although the goal of an employment contract is to have clearly annunciated expectations for performance on both sides of the…

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In light of our proximity to so many defense contractors and the federal government, we thought it would be helpful to review some guidelines for exportation of defense-related and hi-tech goods.  An export is an item sent from the United States to a foreign destination. Most exports from the U.S. do not require any special…

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Read the fine print, sure. But don’t forget to review the pass-through or conduit clauses, referred to as “flow-down” provisions, that typically appear in construction subcontracts. Flow-down provisions create additional contractual obligations for subcontractors, even if such provisions are not actually stated in the subcontract. Instead, they are just generally referred to as a list…

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Earlier this year, the City of Baltimore passed “ban the box” legislation restricting private employers from inquiring into the criminal history of job applicants (the “box” refers to the criminal history check-box on employment applications).  The new law forbids employers from making inquiries into a job applicant’s criminal history before making a conditional offer of…

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Starting October 1, 2014, small employers in Maryland (those employing 15-49 employees) will be required to provide employees with unpaid leave for the birth or adoption of a child under the Maryland Parental Leave Act (“MPLA”).  Pursuant to the MPLA, eligible employees are entitled to six workweeks of unpaid parental leave during any 12-month period…

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