The 2014 legislative session included significant legislation affecting the estate and trust laws of Maryland. A new Maryland Trust Code encompassing approximately 70 pages was passed. While many of the code provisions retain existing Maryland law, it includes other provisions which significantly change the way trusts will be administered... Read More »
Sep
30
Sep
08
Under the United States Bankruptcy Code (the “Code”), if a debtor, acting as a fiduciary, incurred a debt through defalcation, the debt is non-dischargeable in bankruptcy. The problem is that the Code does not define defalcation, and, perhaps naturally, courts have historically disagreed on its meaning. Last year, the Supreme... Read More »
Jun
16
By Paul Evelius The Equal Employment Opportunity Commission has issued a question-and-answer guide, entitled Religious Garb and Grooming in the Workplace; Rights and Responsibilities, which explains the prohibition of religious discrimination in Title VII of the Civil Rights Act of 1964 and provides guidance regarding the types of reasonable accommodation... Read More »
Jun
16
By Paul Evelius A recent Florida appellate decision illustrates the value of adding financial “teeth” to non-disclosure provisions in settlement agreements. In Gulliver Schools, Inc. v. Snay, a settlement agreement stated that the defendant school would pay a former teacher $90,000 to resolve the latter’s discrimination claim. It also prohibited... Read More »
Jun
16
By Paul Evelius In CAS Severn, Inc. v. Awalt, the Court of Special Appeals has upheld a liquidated damages clause that was part of the non-competition section of a professional services agreement between CAS, a computer services firm, and Awalt, an independent contractor of CAS. The clause obligated Awalt to... Read More »
Jun
16
By Paul Evelius The SEC’s Division of Trading and Markets has issued a “no action” letter which should reduce the cost of brokered merger and acquisition (“M&A”) transactions involving private businesses. The letter provides assurance that, assuming certain conditions exist, the Division will not recommend that the SEC take enforcement... Read More »
Jun
16
By Paul Evelius In Atlantic Marine Construction Company v. U.S. District Court for the Western District of Texas, the Supreme Court has strongly endorsed contractual forum-selection clauses. The clause at issue in Atlantic Marine stated that all disputes between the parties to a construction subcontract would be litigated in Virginia.... Read More »
Jun
13
By Paul Evelius In Dolan v. McQuaide, the Court of Special Appeals has underscored the need for parties embarking on business start-ups to set forth their rights and obligations in clear, definitive language and at the same time demonstrated the valuable role that an “unjust enrichment” claim can play in... Read More »
Jun
09
While other states have eliminated their estate taxes, Maryland has kept its estate tax for estates in excess of $1,000,000. With the federal estate tax exemption at $5,430,000 for decedent’s dying in 2015, this has created a difficult dynamic for estate planning generating a need for creative and complex formulas. ... Read More »
Apr
16
By: Meighan Burton Once a plaintiff has filed her complaint in federal court, the next step is to request a Writ of Summons for each defendant named in the complaint, and then serve each Writ, along with a copy of the complaint (the “process”), on the named defendant. Unless and until... Read More »