Author: JGL Law

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.

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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.

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>