The 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…

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Maryland 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…

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Sign 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…

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No 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.

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Taking 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…

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What'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…

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Jurisdictional 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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Sexual Harassment: Always A Touchy Situation In The Workplace

Statistics compiled by the Equal Employment Opportunity Commission, other administrative agencies, and the courts indicate that allegations of sexual harassment in the workplace are declining. However, statistics don’t always represent the full picture. While claims may be down, incidents of sexual harassment could very well still be increasing.  That means employers must remain vigilant and…

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Legal Opinion for Extended Verification SSL

Industry standards require Certification Authorities to obtain a Legal Opinion Letter that verifies certain facts about a business before issuing it an Extended Verification Secure Socket Layer (EV-SSL) Certification. Many companies choose to pursue an EV-SSL certificate for their website.  As part of this process, a Certification Authority (CA) will often require a Legal Opinion…

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Supreme Court Review

The latest Supreme Court term, which ended in July 2013, produced a series of 5-4 decisions that changed the employment law landscape regarding: (1) an employer’s vicarious liability for sexual harassment allegedly perpetrated by a supervisor; (2) burdens of proof in retaliation cases; (3) Fair Labor Standards Act collective actions; and (4) Rule 23 class…

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