Author: JGL Law

There is an early 1980s song, by the band 38 Special, that informs us all to, “Hold on loosely, but don’t let go. If you cling too tightly, you gonna lose control.”

Of course, 38 Special’s intent was to dole out sage-southern-rock-romantic-relationship-advice — all prior to the adoption of the three-point line by the NCAA. Employers, however, should heed 38 Special’s advice when it comes to dealing with a different relationship— that of employer-employee and the annual NCAA March Madness basketball tournament. Employees are going to watch the tournament, check the scores, and yes have brackets. There is no point in fighting it. Doing so just creates bad morale. I suggest for employers who do not understand the passion surrounding the tournament that they review the 1980s’ Kurtis Blow song “Basketball” [later covered by Lil’ Bow Wow], whereby Mr. Blow explains, “They’re playing basketball. We love that basketball.”

As an employer, though, you cannot let the Madness completely breakdown. People get totally out of control about their sports teams, and employers cannot let that happen at work. So, consistent with (1) the wise romantic advice of an old southern-rocker from well before social media dominated the dating scene and (2) a matriculation to Mr. Blow’s school of basketball fanaticism, here are five tips to keep the Madness running smoothly:

• Keep morale up. Run an employer-sponsored pool through a known website for team building purposes. Let everyone participate, even people who do not follow college basketball at all —also known as your future winners of the tournament pool.
• Set guidelines for your brackets and watching the tournament that fit your workplace culture and comply with the law. This includes making clear that discriminatory comments and actions are not allowed and individuals who violate these policies will be disciplined.
• Be the good guy. Allow employees to watch the tournament during lunch and approved breaks in the breakroom and other approved viewing areas. That way you hopefully can stop employees from wasting time sneaking around. Employers will also reduce the drain on web servers by keeping viewing in a central location.
• For first time offenders who are caught watching the tournament inappropriately, keep the punishment appropriate to the crime. Do not punish employees too severely. That can also create bad morale.
• And finally, participate in the watching and the tournament pool. It is good for employees to see that the boss is human too. (Bonus tip: If you win the pool, donate the winnings to a pizza party or some other team building exercise for your staff— a double win.)

Follow these tips to have happy, honest employees, like Uncle Jessie and Aunt Beckie from the 1980s’ version of Full House before they became embroiled in a mid-1990’s school admission scandal. In sum, do not be the singer from 38 Special, who lost his early 1980s love. “You see it all around you. Good lovin’ gone bad. And usually it’s too late when you realize what you had.” March Madness is a golden opportunity for team building and workplace camaraderie. Do not let it be a good opportunity “gone bad.”

ROCKVILLE, MD., February –, 2019 — Joseph Greenwald & Laake P.A. is pleased to announce that Allison McFadden has been elevated to Senior Counsel.

“We are delighted to promote Allison to this highly responsible position,” said Burt Kahn, Managing Director. “Among her major contributions to the firm, she has been an outstanding advocate of the rights of our family law clients, both people of high net worth and parents with limited resources.”

Allison McFadden is a member of the Firm’s Family Law practice group. She focuses on protecting and enforcing the rights of spouses, parents and children involved in complex and emotional family law matters before courts in Montgomery County and throughout Maryland. Her practice covers every type of family law matter that impacts the lives of her clients, including divorce, child custody and visitation, child support, property division, alimony, prenuptial agreements, modifications of orders, business valuations, protective orders, and domestic violence situations.

Allison earned her J.D. in 2012, cum laude, from the University of Baltimore, and in 2007 received a B.S. degree from the University of Maryland.

About Joseph Greenwald & Laake

For more than 40 years, Joseph Greenwald & Laake has worked with individuals and businesses in Maryland and the District of Columbia, taking on the most complex of legal issues with sophisticated counsel and a personal touch. JGL serves clients in virtually all areas of the law.

Partner Jay Holland addressed a national conference on litigating the class-action cases that have been filed across the country against Marriott Corp resulting from the breach of Marriott’s data base of hotel guests’ private information, including passport numbers, birthdates, credit card numbers and other personal information.   It has been reported that as many as 500 million customers may have had their personal identifying information stolen.  The case may be the largest data breach case to date.

Dozens of leading class action lawyers attended the “Harris Martin Conference” in Miami, FL. on January 29, 2019.  Marriott is based in Bethesda, Maryland, and many of the class actions have been filed in federal court in Greenbelt, Md.  Holland was sought out to address the conference because of his expertise in litigating cases in federal court in Maryland.  A hearing was held in Miami on January 31, 2019, for the court determine which federal court will be assigned the consolidated class action.  Holland and partners Tim Maloney, Veronica Nannis, and Steven Pavsner are counsel in several of the class action cases that have been filed in Maryland against Marriott.

ROCKVILLE, MD., January 2, 2019 — Joseph, Greenwald & Laake is delighted to announce that effective January 1, 2019 four attorneys from the former Rockville, Maryland law firm of Dragga Hannon LLP, are joining our firm.

“We are thrilled to be able to add these four fantastic family law attorneys to Joseph, Greenwald & Laake.  They have distinguished themselves among the family law bar through their considerable skill in representing clients in this emotionally charged area of law,” said Burt Kahn, Managing Director. “Along with the outstanding family law attorneys already in our firm, they will form a family law practice that is unsurpassed in the Washington, DC, suburbs. This is a major step for our firm.”

The four lawyers who are joining Joseph, Greenwald & Laake are Patrick W. Dragga, Jeffrey Hannon, P. Lindsay Parvis and Amanda Frett.  They practice in all areas of family law, including divorce, custody and visitation, child support, alimony, prenuptial agreements, and many other areas.

Both Mr. Dragga and Mr. Hannon have repeatedly been listed among the DC area’s top divorce lawyers by Super Lawyers and by Washingtonian and Bethesda magazines. Mr. Dragga is a Fellow of the American Academy of Matrimonial Lawyers. Ms. Parvis, who frequently represents children in contested custody matters, has served as a legislative liaison between the family law bar and Maryland General Assembly and is a past President of the Montgomery County Chapter of the Women’s Bar Association.  Amanda Frett is a former law clerk to the Honorable C. Philip Nichols, Jr in the Circuit Court for Prince Georges County and was selected as a Fellow of the Montgomery County Bar’s Leadership Academy.

About Joseph Greenwald & Laake

For more than 40 years, Joseph Greenwald & Laake has worked with individuals and businesses in Maryland and the District of Columbia, taking on the most complex of legal issues with sophisticated counsel and a personal touch. JGL serves clients in virtually all areas of the law.

Principal Jeffrey N. Greenblatt was quoted in the November 2018 Family Law Update publication of The Daily Record on the impact of the new federal tax law on divorce.

Under the new law, when it comes to alimony orders after January 1, 2019, payers of alimony will not be able to deduct those payments on their federal tax returns, and people who receive alimony will no longer have to declare the payments as income. The result, said Greenblatt, has been a “rush to the courthouse” to ensure that alimony payments are contained in court orders signed before the end of 2018.

But, he added, right now it may be too late to get a case before a judge prior to the change in the law. 

“The calendar is what the calendar is,” he said.

Greenblatt also said that beginning in 2019, spouses facing the prospect of paying alimony will fight hard to keep the payments low because they will not be deductible. In some cases, Greenblatt said, he has tried to secure a waiver of alimony for his client in exchange for a lump-sum settlement – but this will only be a solution in cases where there’s enough money available to pay a significant lump sum. 

He also said that no one knows now how judges will respond to the new tax treatment of alimony: Will they award less alimony since the payer can no longer take a deduction? Only time will tell.

In a major courtroom win for one of the Firm’s clients, a judge has denied a request by the state’s largest teachers’ union for a preliminary injunction to stop the reelection campaign of Maryland Governor Larry Hogan from using an apple insignia to represent his support by teachers in Maryland.

Montgomery County Circuit Judge Michael Mason issued the ruling on October 1, rejecting the Maryland State Education Association’s claim that the use by the Hogan campaign of a red apple marked “Teachers for Hogan” infringed on the union’s service mark in the shape of an apple that it registered in 2009.

The judge ruled that the union did not make an adequate case that voters would in some way be confused by the Hogan campaign’s use of an apple logo in its materials.

Joseph, Greenwald & Laake principal Timothy F. Maloney told the Daily Record newspaper that he is grateful that the judge ruled as he did.

The ruling “permits the Hogan campaign and many teachers across Maryland to continue using a long-standing and universally known symbol for education, the apple, as part of their expression of support for Governor Hogan’s re-election,” Maloney said. “The court has now denied the union’s demand for an injunction twice in the last 10 days, so we hope the union end this litigation and stop using teachers’ hard-earned dues money on this litigation.”

The case began when the teachers’ union sued Hogan and his campaign after the campaign began using a bumper sticker with the phrase “Teachers for Hogan” in which a red apple was used in place of the “O” in the Hogan. The campaign also used an apple on a social media post in which it criticized the union for suing him over the use of the apple logo. The union supports Hogan’s opponent in the November election, Ben Jealous.

The denial of a preliminary injunction means, in effect, that the Hogan campaign can continue to use materials with the apple logo throughout the campaign, since a full trial on the merits of the case will almost certainly take several months to schedule.

Joseph Greenwald & Laake principal Brian Markovitz was interviewed for a Sept. 24 article in the Washington Blade regarding a lawsuit against the Washington Teachers Union, filed Sept. 18 in federal court. Brian Markovitz is representing Barry Hobson, a gay former employee of the WTU, who accused the union, its president and its former chief of staff of subjecting him to a toxic work environment, and firing him for his sexual orientation.

In the lawsuit, Hobson says that former chief of staff Dorothy Egbufor subjected him to discriminatory treatment and harassment due to his being gay immediately after informing her that his healthcare benefits would also benefit his then-fiancé, and current husband, Timothy Savoy. The lawsuit includes copies of two internal emails that the lawsuit claims make disparaging remarks about both Hobson and the general LGBT community.

The first email shows Egbufor purportedly denying that Hobson should receive access to the company’s health insurance plan, due to his sexual orientation. In the email, Egbufor claimed that LGBT employees who participate in employer health insurance programs would increase insurance premiums. However, Markovitz called the denial of health insurance a “clear violation of the DC Human Rights Act, which bans discrimination based on sexual orientation.”

In addition, WTU General Vice President Jaqueline Pogue-Lyons wrote Hobson a letter of recommendation for a new job, which Markovitz described as a “strong rebuke to Davis and Egbufor and a major boost to Hobson’s lawsuit.”

Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.

Click the image below for the full story. 

Understandably, negotiating child custody can be one of the most difficult parts of a couple’s divorce or separation, as in most cases, both parents would like to remain an important part of the lives of their children. Oftentimes, parents going through a divorce or separation will use a mediation process to assist them with arising issues, including child custody. It is important that parents prepare for child custody mediation in order to negotiate the best possible outcome for themselves, and most importantly, for their children.

If you are going through child custody negotiations, it is highly recommended that you consider receiving legal advice from an experienced family law attorney. They can help make you aware of both your responsibilities and your rights throughout the process. It’s a good idea to come prepared with a list of questions for your attorney, as they can help iron out any confusion you may have. They may also be able to recommend family law mediators and can give you advice during mediation.

During the mediation process, there are certain steps that you must take in order to come to an agreement. These include meeting with your third-party mediatory, identifying all custody-related issues, discussing these issues, and signing a drafted agreement that is written with the best interest of your children in mind.

Most mediators will help you categorize your custody-related issues during the process, so that you can organize what you need to discuss and tackle them in a more efficient way. Some of these issues may include drafting a consistent custody schedule, as well as making room for exceptions like school vacations. You should also be prepared to discuss communication methods for discussing your children’s needs, as well as what the process may be to change the agreement, if requested.

Keep in mind that mediation sessions require a give and take attitude, and you will most likely need to make some concessions and compromises. Child custody negotiations can be painful and difficult, but with the right attitude, you and your former partner can make decisions that will be the most beneficial for your children.

Principal Jay Holland was quoted in an August 22, 2018, article that appeared on SHRM Online, the website of the Society for Human Resource Management (SHRM). The article was titled, “Demotions Can Often Lead to Departures but Also to Fresh Starts.”

The SHRM is a leading organization that brings together human resources professionals. Based in Alexandria, Va., it is a membership organization that promotes the role of human resources as a profession and provides education, certification, and networking to its members.

Jay was quoted as pointing out that under the law, a person can be demoted even if his or her pay is not reduced. He said that in Burlington Northern v. White, a 2006 opinion, the U.S. Supreme Court held that a person can be considered to be demoted even without a reduction in pay. 

Jay also cautioned employers in the article to be aware of the risks of retaliation claims following a demotion, given that equal employment opportunity (EEO) laws have anti-retaliation provisions, as do the False Claims Act, other whistle-blower statutes, the Family and Medical Leave Act, the Fair Labor Standards Act and the National Labor Relations Act. EEO laws include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act.

Jay also said that an employer should always provide good documentation of any demotion in order to reduce the risk of a claim being filed for retaliation or discrimination. Finally, he said that demotions can result in disgruntled employees, which can poison the work environment.

Jay is a well-known labor and employment, whistleblower, and civil litigation attorney and chair of Joseph, Greenwald & Laake’s Labor, Employment, and Qui Tam Whistleblower practice. 

The Daily Record proudly honored Joseph Greenwald & Laake attorney Megan Benevento for her placement on their 2018 Very Important Professional (VIP) Successful by 40 list on September 13^th. The annual list includes Maryland professionals under the age of 40 who have shown excellent service and commitment to their communities in addition to high quality work in their chosen professions. The awards event, held at Gertrude’s restaurant in Baltimore, included a reception, networking opportunities, dinner and dessert.

“This is a big deal for the entire Joseph Greenwald & Laake family,” said Burt Kahn, the firm’s managing director. “We are all proud of Megan for earning such an esteemed award from Maryland’s leading source for legal news. It is truly a testament to her dedicated advocacy and her devotion to protecting the rights of her clients.”

Megan is a civil litigation lawyer and dedicated advocate with deep experience in protecting and enforcing the rights of children, parents, and other individuals who have been injured or had their rights violated by another person or entity. Megan helps her clients utilize the court system as an agent for social change to vindicate their rights and redress their injuries.

Megan has also served on the front lines of many interventions and investigations involving severe child abuse and neglect, and has voiced support for two bills in state legislature, HB 1072 and 1571, which will assist in the prevention of child abuse within the school system. Megan is managing numerous sexual misconduct cases against schools across Maryland.

Congratulations, Megan, on this wonderful professional and personal achievement!

Following the firing of Barnes & Noble chief executive Demos Parneros, companies have struggled with the best procedures to publicly announce an executive’s termination, especially those accused of sexual harassment and misconduct. Joseph Greenwald & Laake principal Jay Holland spoke to Erin Mulvaney at the New York Law Journal regarding these best practices, and how companies can minimize future bad conduct and properly handle complaints.

Barnes & Noble announced over the summer that Parneros was terminated for “violations of company’s policies.” The company only confirmed that he was not fired due to disagreements or fraud regarding financial reporting, policies or practices, which caused many to note that his termination had occurred during the national #MeToo movement against sexual misconduct. However, Parneros sued Barnes & Noble for alleged wrongful termination, defamation and breach of contract.

The news story used an interview in which Holland discussed companies clarifying personnel decisions. Holland said that historically, companies have not publicized reasons for employees or executives leaving their companies.

“Culturally, companies want HR practices to stay within the company,” Holland said. “Legally, they don’t want to be sued by former employees that they were defamed.”

Holland also said that the reason the vast majority of individuals leave their work is due to a host of reasons and has nothing to do with harassment.

“It’s not necessarily fair to the employer or employee for speculation to be out there, if it’s true or not,” Holland said.

To read the rest of the article, click here.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.