Author: JGL Law

Joseph Greenwald & Laake would like to congratulate Joe Creed on being named a Super Lawyer. Only 5% of attorneys rreceived this honor each year. 

Joe Creed is a principal in Joseph, Greenwald & Laake’s Labor & Employment Group with diverse experience as a strategic adviser and dispute advocate for government and business employees throughout Maryland and Washington, DC He is the author of “Employment Rights of Federal Employees,” a chapter in the Maryland Employment Law Deskbook. He is currently the employee co-chair of the ABA Federal Sector Labor & Employment Law Committee. Click below for more on Joe. 

Joseph Greenwald & Laake principal David Bulitt is more than a divorce lawyer – he is a published author of two critically acclaimed novels. Moving out of the world of fiction, David is getting ready to publish a third book, ShopTalk: Core Conversations to Keep Your Relationship Off the Couch and Out of Court, coauthored by his wife Julie, a family therapist and Licensed Clinical Social Worker. Bethesda Magazine featured the couple in their September/October issue, where they provided some insight into their own relationship, how they hatched the idea for ShopTalk and the process they employed to write the book.  

ShopTalk is written as a series of conversations that David and Julie have had regarding issues that often cause stress within a relationship, including money, children and sex.  What they’ve learned about saving a marriage, keeping a family together, or knowing when to call it quits, when to turn to professionals or when to try tough love, could fill a book — and it does.  ShopTalk tackles every corner of relationships with the wisdom, knowledge, and best advice culled from David and Julie’s unique experiences. Drawn from notes of their discussions, chats, arguments — not always sober — and frank, funny stories, it openly tackles the basics from getting along, to parenting, communication, and sex, as well as hard-to-discuss issues like addiction, infertility, pornography, and family silence.  ShopTalk takes you inside how these two professionals hash out some of life’s toughest personal challenges, revealing what they really think and say to each other.    

Their own personal struggles are also laid bare in the pages of ShopTalk. Raising four daughters, one with significant mental health, behavioral and addiction issues inflicted stress and pressure for both of them and years of conflict that could have caused many couples to separate and walk away. “We disagreed, almost daily,” David says.  “But what we didn’t do is forget about each other and that we were in it together. We took turns trying to manage our struggles and generally knew when the other needed a breath – some space.” 

While relationships can be complicated, David sees a certain simplicity that many people overlook.  “People often times don’t need that much to be happy,” he told Bethesda Magazine. “Pay attention to me. Tell me my shirt’s nice.”

Interestingly enough, the two rarely argue. “That’s the beauty of being married to a divorce lawyer,” Julie says.  He spends his day arguing so by the time the work day ends, he has had enough and I just get my way.”

David and Julie have been married since 1986, three years after they met at a University of Maryland fraternity party. Together, they have faced both happy and tough years, but they have always worked at their relationship and stay connected to one another.  “It doesn’t just happen,” Julie says. They have weekly “date nights” and both of them spend a couple of weekends away each year with friends. I really don’t think that staying together requires two people to always do everything together,” David says.     

To read the rest of the article, click here.

David is a family lawyer and the assistant managing director of the firm in Rockville, Maryland. A principal in the firm, David’s practice focuses on complex family law cases, including divorce, custody disputes and other contentious domestic conflicts. His first novel, Card Game, was published in 2015, and his second, Because I Had To, was published in 2017.

Joseph, Greenwald & Laake principal Veronica Nannis recently authored a feature for Internal Auditor magazine detailing the timely topic of First Amendment rights and how those rights extend to employees. The feature follows her successful blog post, “Roseanne Had Every Right to Say What She Did, and ABC Had Every Right to Fire Her.”

In the feature, Veronica discussed actress Roseanne Barr, who was fired for using racially inflammatory language in a late-night tweet. Many argued that Barr, who was not at work at the time she published the tweets, should be protected by the First Amendment. However, Veronica pointed out that the First Amendment’s free speech protections do not cover private employer-employee interactions.

“The First Amendment to the US Constitution does not apply here because it limits the government’s censorship of speech. There is no ‘freedom of speech’ blanket protection while an employee is on the clock for a private employer,” Veronica wrote.

Nannis said that while the First Amendment provides all people the right to say what they want without threat or imprisonment, private employers can censor speech that occurs on the job, on the clock, or using employer services or devices. They can also censor speech that discriminates against, creates a hostile work environment for, or harasses another employee. In Roseanne’s case, she had also entered into a contract with her employer, ABC, s that contained a “morality clause” limiting and disciplining offensive speech or conduct.

In general, according to Nannis, employers can proscribe certain speech in the same way that they can mandate a dress code in the workplace. In addition, speech made outside the workplace can have employment consequences, even though it cannot be limited or prevented by the employer. In most “at-will” states — meaning that absent a contract or special state statute a state can fire for any reason, or no reason at all – an employee can be fired for speech made outside the workplace. This includes social media postings, according to Nannis.

To read the rest of the feature, click here.

Nannis is a principal in JGL’s Qui Tam and Civil Litigation practice groups. She primarily represents whistleblowers who report fraud on the government in False Claims Act (qui tam) litigation. While she has experience in numerous types of complex, civil litigation, she focuses on healthcare and various kickback cases in federal courts across the country.

Joseph Greenwald & Laake staff member Aanju Kaippallil accepted and was sworn in as Vice President of the Executive Committee of Ardmore Enterprises Board of Directors earlier this summer. Aanju has been a part of the Board of Directors since May 2015, where she serves as an advocate for individuals with developmental disabilities. Aanju, who has her J.D. is a Prince George’s county resident, Univ. of Maryland graduate has been actively volunteering with individuals with intellectual and developmental disabilities since her early years as a special Olympics coach at James E. Duckworth school for students with disabilities.

Ardmore Enterprises is a Maryland 501(c)3 nonprofit in Bowie, supporting and empowering people with intellectual and development disabilities since 1963. More than 90% of all funding received is directly used in providing services and programs to the people they support.  Through their services, the company promotes full community involvement, responsibility, maximum self-sufficiency and choice for those they serve. Their services include employment assistance, community and center-based day support, as well as community living services. Ardmore’s guiding principle is that every person has value, deserves respect and has the right to choose the direction of his or her life.

In her capacity as Vice President of the Executive Committee, Aanju will work with the organization to expand and improve Ardmore’s services. One such initiative is the Art from the Heart Fundraiser. The fundraiser, set to be held at Oxon Hill Manor on Sunday, October 28 from 1:30-4:00 PM, will feature art created by artists with intellectual and developmental disabilities. Attendees will bid on the works, with proceeds benefiting the artists and Ardmore Enterprises.

Please contact Aanju for more information regarding this event at AKaippallil@jgllaw.com 

Joseph, Greenwald & Laake attorney Matthew J. Focht has been admitted as a Barrister to the Montgomery Inn of Court, Montgomery County’s chapter of the national American Inns of Court Foundation.  The appointment as a Barrister indicates that Matt has been successfully practicing law for at least five years and has demonstrated good character and a desire to improve and refine his skill as an advocate.

Matt was an Associate member of the Montgomery Inn from 2005-07.  “It is truly an honor to be returning to the Inn, this time as a Barrister.  The knowledge I developed as an Associate has served me immeasurably over the years.  I look forward to sharing my skills and experience with the members of my pupilage team.  I cannot wait for our program year to start.” 

Taking the example of the English Inns of Court, the American Inns of Court Foundation was founded in 1985 with the purpose of improving the skills and professionalism of legal practicioners. Each Inn of Court has members from a variety of legal professions, such as judges, lawyers and law professors. The Inns of Court meet monthly to discuss relevant legal matters in their area and to hold programs for members.

Matthew Focht is a trial lawyer in JGL’s Personal Injury practice group. Matt defends those who have suffered injury in avoidable accidents gain the compensation they deserve. He has represented clients in a wide range of situation, ranging from vehicle accidents to health crises caused by negligence. Matt also frequently argues contested decisions before Maryland appellate courts to defend his clients’ interests beyond the trial court. Matt’s decade of experience faithfully defending his clients’ rights makes him an invaluable addition to the Montgomery County Inn of Court.

Joseph Greenwald & Laake principal Brian Markovitz spoke to Matt Phifer at Bloomberg Law for an Aug. 21 story surrounding proposed medical payment code changes for Medicare and Medicaid office visits and outpatient services. Brian voiced concerns about these changes with regard to the False Claims Act and medical overbilling issues.

The article delved into the benefits and potential consequences of these changes, which would combine level two through level five evaluation management coding into one single level with one payment rate based on the frequency the code was used. Typically, payment coding is divided into five coding levels, and the more complex a patient’s office visit, the higher the code level they use. The Centers for Medicare and Medicaid Services believe that these changes will both improve the accuracy of payments and lessen administrative duties for doctors.

A common cause for False Claims Act litigation is upcoding, when doctors and medical professionals bill visits at a higher code than necessary for higher reimbursement. To Markovitz, these changes could potentially leave “a lot more room for malfeasance.”

“My concern would be it’s a way to potentially circumvent potential FCA claims because the consolidation of the codes would be bringing more services into one category,” Markovitz told Bloomberg Law.

Markovitz also said that combining categories could leave “a lot of room for overbilling issues.”

“If you’ve got multiple codes, you can use stats to show somebody is not coding properly. If you’ve got 50, 60, 70, 80 percent coming in at the top two tiers, that helps you establish that something is wrong.”

     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.  Brian has won millions of dollars for his clients. For his continued excellence, Brian has been named one of America’s top 100 National Trial Lawyers.

To read the rest of the article, click here.

Reproduced with permission. Published Aug. 21, 2018. Copyright 2018 by The Bureau     of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

Joseph, Greenwald & Laake managing director Burt Kahn has been named one of the country’s best medical malpractice litigation attorneys by The Best Lawyers in America. Burt was nominated by his peers for his consistent high-quality work representing families in instances of medical malpractice.

The full list of Best Lawyers in America honorees is set to be published in numerous high-profile national and international publications, such as The New York Times, The Washington Post, and The Wall Street Journal. It will honor the work of America’s most committed and most successful attorneys on a national level.

Burt has also held a spot on the list of Maryland and DC Super Lawyers since 2007. He has won widespread acclaim for his four decades of work helping individuals who have suffered unnecessarily due to the mistakes of doctors and hospitals. Not only has Burt mastered the courtroom, he has also cultivated an advanced understanding of sophisticated medical concepts, making him uniquely positioned to win millions of dollars in compensations for injured victims and their families. His empathy for victims and his impressive performances in trial have led many of his former clients to recommend him to others suffering from medical malpractice.

Only 5% of attorneys nationwide receive this designation each year. Jay has been named a Super Lawyer 4 years in a row. Jay recently took on a school board discrimination case that has received national media attention. 

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.

Seven employers across the United States are facing workplace harassment lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC). The Society for Human Resource Management (SHRM) included Joseph Greenwald & Laake principal Jay Holland in an Aug. 10 collective list of articles published about these lawsuits on SHRM Online. Specifically, Holland was quoted in an Aug. 8 article that discussed employees secretly recording work conversations for litigation purposes.

SHRM notes that workplace harassment claims make up approximately one-fourth of EEOC cases filed recently, and that about one-third of discrimination charged received by the EEOC include harassment allegations. With smartphones becoming a staple in the workplace, it has become easier for employees to record conversations with co-workers, supervisors, human resources and company executives as support for upcoming lawsuits.

“A recording of sexual harassment or a discriminatory comment can be very powerful evidence and damaging to the employer,” Holland told SHRM Online.

The article went on to discuss the different types of consent required for recording conversations, such as one-party and all-party consent. Each state maintains its own laws on what type of consent is required. It also discussed rules about recording conversations under the National Labor Relations Act (NLRA), as well as potential public-relations risks from a leaked conversation, regardless of whether its recording was permitted or not.

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.

Nine Joseph, Greenwald & Laake attorneys have been recognized in the 25^th edition of The Best Lawyers of America as some of the country’s most successful, efficient and dedicated. Every attorney who made the list was selected through a peer review process, reflecting the high esteem in which their fellow legal professionals hold this year’s honorees.

David Bulitt, Debora Fajer-Smith, Stephen Friedman, Reza Golesorkhi, Jeffrey Greenblatt, Andrew Greenwald, Burt Kahn, Timothy O’Brien, and Steven Pavsner have all been featured on the list. Additionally, David, Stephen, Jeffrey, Andrew and Timothy are reprising their spots from last year’s list.

The number of JGL attorneys in this year’s list shows the community’s appreciation for JGL’s commitment to quality service. The above listed honorees come from numerous practice groups with a wide range of experiences, showing that JGL exceeds the expectations of their clients and peers in every area. The JGL staff looks forward to continuing its award-winning service to the community in coming years.

A lawsuit filed Tuesday in Howard County Circuit Court by three former top chiefs in the county’s public school system accuses school board members of discrimination, retaliation and harassment for political opinions, and in two cases, for sexual orientation. Joseph Greenwald & Laake principal Jay Holland represents the three officials: Tim Thornburg, former director of staff relations; Grace Chesney, former chief accountability officer; and John White, former director of communications. Holland spoke to Tim Prudente at The Baltimore Sun regarding the case.]

“We look forward to seeing this matter through and vindicating their rights and the harm that they suffered,” Holland told The Sun.

The three chiefs allege that the school board sought to drive out Foose, who resigned as superintendent in May 2017, and then targeted her chiefs with “discriminatory, hostile, harassing and abusive behavior.” Following her resignation, Thornburg resigned under extreme pressure, and both Chesney and White were laid off. The lawsuit comes in the wake of an 11-month investigation of the school board by the Howard County Office of Human Rights, led by investigator Cheryl Brower. Three reports of about 100 pages each state that there is reasonable cause to believe that the school board discriminated against Thornburg, Chesney and White.

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.

While it may at first glance seem that a non-profit organization’s philanthropic nature would set it apart from profit-driven business models, the legal reality of running a non-profit is actually often similar to that of a for-profit business. This is especially true regarding employer-employee relations, and the employer’s obligations to the employee under federal, state, and local employment laws and ordinances.  It is very rare indeed that employment-related, legal requirements are different for non-profit employers than that of companies. 

For instance, just like for-profit businesses, non-profits are obligated to obey the dictates of the Fair Labor Standards Act (FLSA). The FLSA establishes the fundamental guidelines of employee rights. It prohibits child labor, for example, and mandates overtime pay for employees who have worked more than 40 hours in one week. Moreover, Title VII which protects employees from discrimination based on race, religion, and sex treats non-profit employers in most cases like other corporations. Similarly, the Family Medical Leave Act requirements are the same. Because non-profits are not asking employees to work for the profit of the business, they can fail to consider that they have essentially the same obligations to their employees as for-profit groups.

Non-profit organizations also need to understand state and local employment laws. State and local laws can vary greatly and are subject to change depending on local government administration. Therefore, non-profits would be well advised to work with a local attorney to ensure the non-profit’s compliance with state- and local-level employment law. Problems for non-profits sometimes arise when the non-profit’s management does not understand that sometimes state or local employment laws have more stringent requirements than federal law.

A non-profit organization should be able to focus all of its time and effort exclusively to the issues for which it works—hiring a lawyer to worry about the minutiae of employment law compliance can save an organization valuable time and effort and ensure that it does not run afoul of federal, state or local requirements.