News
Is Flashing Your Car’s Headlights Speech that is Protected by the First Amendment?
A federal judge in Missouri recently answered that question with a resounding “yes.” The judge held that a driver could not be prosecuted for flashing his headlights, even if the purpose for flashing them was to warn oncoming drivers to a speed trap. The federal judge ruled that the First Amendment’s freedom of speech protection…
Read MoreMaryland Construction Law: Retainage Decrease for Contractors
Retainage is required on almost all construction projects. Retainage in a construction contract allows the developer to withhold a portion of each progress payment to the contractor until the project is complete. Retainage is basically a form of insurance to the developer because there is a strong financial incentive for the contractor to complete the…
Read MoreNew Maryland Medicare Waiver Approved
By Mark Jensen The modernized waiver presents Maryland with an opportunity to do great and innovative things in relation to improving the quality of and access to health care and lowering the cost of healthcare. It also presents huge challenges and possibilities for the opportunity to be lost or squandered.
Read MoreThe ABC's of Restrictive Covenants on Employees
Many misconceptions exist about the efficacy and need for non-disclosure, non-competition, and non-solicitation agreements, so it is important to keep a few simple facts in mind. A. The Law Prohibits Disclosing Confidential Information Many employers believe they must require employees to sign contracts prohibiting the disclosure or use of the employers’ confidential information and trade…
Read MoreMaryland Mechanic’s Liens: The Basics, Updated
In this new installment in our continuing discussion of mechanic’s liens in construction, we update the basics for proper exercise of this most vital right and remedy of contractors and subcontractors. Contractors and subcontractors must understand the basics regarding mechanic’s lien in Maryland in order to ensure they do not unintentionally waive any rights. These…
Read MoreSign the Will Right the First Time; There May Not Be a Next Time
People signing Wills often wonder why the lawyer insists they come to the office to observe archaic-seeming formalities of execution, rather than just let them sign at home. A recent court decision, rejecting an amendment to a Will for failure of witnessing formalities, answers the question. For a Will to be admitted to probate estate…
Read MoreNo Goal: Contributory Negligence Continues to Bar Recovery in Maryland
Once again, a youth sporting event provides the context for a Maryland legal opinion with potentially wide-ranging ramifications. At issue is the contributory negligence defense, which continues to apply in Maryland, making Maryland one of only a few states that still recognizes this common law doctrine.
Read MoreTaking It to the Next Level in Internet Security: EV-SSL Certification
Businesses seeking the most trusted level of security verification for their websites turn increasingly to the Extended Validation Secure Socket Layer (EV-SSL) certificate, which requires a legal opinion verifying certain facts about the business. With consumers and other internet users becoming concerned about theft of personal information over the internet, more website owners are applying…
Read MoreWhat's in a Name? Independent Contractors v. Employees
Classifying or misclassifying someone as an employee or an independent contractor can have significant effects for employers. In an examination of the use of titles, Shakespeare famously wrote “That which we call a rose, by any other name would smell as sweet.” Shakespeare clearly did not consider employment law when he wrote that metaphor because…
Read MoreJurisdictional Win for Class Action Lawsuits
Firm Litigators Secure Federal Multi-Jurisdictional Transfer and Consolidation of Multiple Pending Lawsuits In a victory for a firm client that is currently a defendant to four federal court false advertising class actions pending in California, Illinois, Florida and New York, firm litigator Joshua Glikin successfully achieved a nationwide transfer and consolidation of all pending and…
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