Author: JGL Law

The prominent legal practice and management report Of Counsel recently interviewed several attorneys, including Joseph, Greenwald & Laake principal Brian J. Markovitz to discuss the current trends of class action litigation. While Northern California is currently seeing an uptick in employment class action suits for wage-and-hour and equal employment opportunity, Markovitz shared that he is experiencing a growing number of labor and employment class action suits in the Washington, DC area, especially in the construction industry. In these cases, Markovitz says that employers tend to hire workers of Hispanic descent and do not pay them correctly or at all.

“Many construction companies hire them to do the work and then flat-out don’t pay them,” Brian told Of Counsel. “Given the current political climate, a lot of these employers think it’s easy to leverage them.”

Of Counsel also captured Brian’s perspective on class action suits in the information security sector, given the recent prevalence of high-profile data breaches. “We think there will be an explosion of lawsuits for negligence involving data breaches,” Brian predicted. “There are various state-law statutes that allow people to be what they call ‘private attorneys general’…It’s an up-and-coming area. We are gearing up for that and intend to be on the forefront of it.”

As principal in Joseph, Greenwald & Laake’s Labor and Employment and Civil Litigation practice groups, Brian has extensive experience representing clients in labor cases. He has won his clients numerous highly profitable settlements and has been honored as one of the nation’s top 100 trial lawyers for his work

To read the article in full, please click the Of Counsel logo below.

On May 7, Joseph Greenwald & Laake principal attorney Timothy Maloney argued in the Maryland Court of Appeals regarding whether or not a state agency supervisor’s personal notes about an employee are required to be disclosed to a worker under the Maryland Public Information Act. The Court heard competing slippery-slope arguments about the case.

Maloney argued that the MPIA’s transparency would be violated if supervisors could place their personnel information in a private folder and exempt them from disclosure by labeling them as private. However, the opposing side argued that compelling disclosure would invade privacy of supervisors.

The issue stems from the case of Bernadette Lamson, an employee of the Montgomery County attorney’s office, is entitled to the personal notes her employer kept in her personal moleskin journal. The Montgomery County Circuit Court and the intermediate Court of Special Appeals have upheld the denial of Lamson’s MPIA request

Maloney said, “There is only one reason she took those notes. She was acting a public government supervisor.”

Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights, employment discrimination, whistleblower actions and high-stakes business litigation. He is a committed advocate for the public good who has held leadership roles with many civic and charitable organizations.

To read the article, click here.

 

Joseph Greenwald & Laake principal attorney Timothy Maloney spoke at the Court of Appeals on May 7 regarding a case in which the General Assembly withheld the salaries of acting Health Secretary Dennis R. Schrader and former acting Planning Secretary Wendi Peters. Maloney represents both secretaries, and was quoted in the Maryland Daily Record.

The case asks whether or not Maryland’s top court believes Governor Larry Hogan used recess appointments in an acceptable way following the withdrawal of their nominations from Senate consideration. Assistant Attorney General Julia Doyle Bernhardt argued that the executive branch does not hold the sole power to appoint, because it is a shared power between the executive and the Senate. However, Maloney argued that Hogan was within his rights to appoint both Schrader and Peters.

Maloney told the court, “If the General Assembly can do this, if they basically can chop off their heads, if you will, budgetarily by simply placing language on Cabinet members it doesn’t want to appoint, here it would be recess appointments and next week it could be something else. It really deprives the executive of the inherent executive authority to make recess appointments.”

Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights, employment discrimination, whistleblower actions and high-stakes business litigation. He is a committed advocate for the public good who has held leadership roles with many civic and charitable organizations.

To read the article, click here.

 

On May 3, Joseph Greenwald & Laake principal attorney Brian Markovitz attended the Montgomery County Coalition for the Homeless (MCCH) 2018 gala. This year’s gala, hosted at the Bethesda North Marriot Hotel & Conference Center, specifically celebrated the role of Montgomery County emergency responders in addressing community homelessness.

MCCH has provided solutions to ending homelessness in Montgomery County since 1990. They provide emergency shelter, permanent supportive housing, advocacy for systemic change and an expansion of the supply of affordable housing.

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.

 

On May 4^th, representatives from Joseph, Greenwald & Laake and their colleagues attended the 124th Annual Meeting & Law Day Celebration hosted by the Bar Association of Montgomery County. The yearly event serves as an opportunity for lawyers, judges and paralegals from different firms and industries to socialize in an informal environment. The event, held at the Bethesda North Marriott Conference Center, consisted of a wide variety of speakers and topics. In the morning, presentations included information on how to obtain privileged and protected documents, using mindfulness in lawyering and strategies of trial law from four family law legends. It also included presentations on immigration law, intellectual property, elder law and legal ethics. Following a short break, a lunch program included a keynote address by Rod J. Rosenstein, the United States Deputy Attorney General.

The Bar Association of Montgomery County is dedicated to providing educational material for legal professionals as well as the general public, through a variety of workshops and online resources. The association is also supports various charity associations and provides pro bono legal services to the community.

 

Making pro bono work a priority is a personal endeavor for JGL senior counsel Eleanor A. Hunt. She recently shared this with a large audience at the annual Partners for Justice Conference hosted by the Pro Bono Resource Center of Maryland. The Daily Record just published an article highlighting Hunt and all of the pro bono panelists at this event. Hunt explains that most of the pro bono work she does is “self-initiated,” and comes from referrals from people in public interest organizations with whom she has a personal relationship. “It’s a relationship,” Hunt said. “It’s a give-and-take, we can help each other.”

To read the full article, click on the Daily Record logo below.

Eleanor is an attorney in the firm’s Family Law practice, representing clients in issues such as divorce, adoption, child custody and visitation disputes, domestic violence proceedings and more. She also counsels individuals and families in estate planning issues such as wills, trusts, power of attorney, advanced medical directives and probate administration. 

                                                                                                  

On May 1 2018, local business leaders and representatives from JGL attended the Nigeria Trade Mission Information Session hosted by Prince George’s County Economic Development Corporation (PGCEDC). Held at their Largo headquarters, this event is for local entrepreneurs interested in investing abroad. The PGCEDC instructed attendees how to properly do business internationally, how to collaborate with business delegates, and provided information about the ‘Networking with the USA Conference,’ covering international business-to-business opportunities.

As supporters of the local community, Joseph Greenwald & Laake offers legal assistance to the business leaders that are the backbone of the Prince George’s County community. JGL’s lawyers bring decades of experience to provide their clients with the legal understanding they need to grow their enterprises so entrepreneurs can focus on taking advantages of ambitious opportunities like those outlined in the corporation’s foreign investment presentation.

 

Joseph Greenwald & Laake attorney Brian J. Markovitz recently spoke with the Bloomberg Law group in connection to his work and experience with whistleblowing cases. Specifically, Bloomberg captured Markovitz’s thoughts on a recent (and unique) case where one whistleblower successfully called attention to three different hospital networks on their fraudulent behavior. ‘‘There are clients of mine who work at multiple healthcare facilities and they’ll see the same or similar types of fraud at these multiple facilities,’’ Markovitz told Bloomberg Law. Markovitz said whistleblowers who call out multiple groups are more common in the health-care and construction industries. It is undeniable that whistleblower cases provide cautionary tales for companies who receive information that there could be internal wrongdoings. Listening to employees who speak up about issues is important for all involved and could save a company its reputation and large amounts of money.

To read the full article, please click on the BNA logo below.

Brian is a principal in JGL’s Labor and Employment and Civil Litigation groups. He has achieved national recognition for his work representing whistleblowers, particularly those who have suffered abuse or injustice in the workplace.

 

Eleanor A. Hunt recently served as a panelist speaker at the annual Partners for Justice Conference hosted by the Pro Bono Resource Center of Maryland. The event was held at the Baltimore Convention Center and included opening remarks by Baltimore City Mayor, Catherine Pugh, as well as a keynote presentation by Attorney General, Brian E. Frosh. This marks the 20th year that the conference has been held.

As a panelist, Eleanor spoke on the topic “Law Firms and Pro Bono Engagement: What Makes Them Click?” She discussed why lawyers should engage in pro bono service, her experiences providing pro bono legal services and the importance of pro bono organizations reaching out and developing relationships with private lawyers and law firms. The panelists gave their own perspectives on their pro bono experiences and on recent report data from pro bono surveys and reporting compilations. Other panel topics included “Access to Justice for Youth Experiencing Homelessness,” “Fair Housing Act: New Frontiers after 50 Years” and “Community Partnering: Best Practices as Case Studies.”

The Pro Bono Resource Center is dedicated to providing economically disadvantaged individuals with free legal counsel and representation. Their annual Partners for Justice Conference aims to educate members of the legal community on the importance, complexities and best practices of pro bono work.

Eleanor is an attorney in the firm’s Family Law practice, representing clients in issues such as divorce, adoption, child custody and visitation disputes, domestic violence proceedings and more. She also counsels individuals and families in estate planning issues such as wills, trusts, powers of attorney, advanced medical directives and probate administration.

On April 18th Joseph Greenwald & Laake principal Jerry Miller conducted his second Legal Business Clinic session at the Bowie Business Innovation Center (BIC). The series of clinics are available for Bowie BIC clients and entrepreneurs. Registered participants were given free 45-minute appointments with local experts including Jerry Miller. “I enjoyed being an active participant in these business clinics as it allowed me to share my expertise with aspiring entrepreneurs. I was giving back to the community while helping develop a promising future for others,” Miller said.

Jerry is a principal in Joseph, Greenwald & Laake’s Business Services Group, and has nearly 30 years of experience in helping clients large and small tackle the legal challenges of owning and operating a business.

 

Joseph Greenwald & Laake, P.A. is proud to announce that 14 attorneys have been selected to Super Lawyers, the respected national ranking of top attorneys based on peer recognition and professional achievement. JGL’s 2018 Super Lawyers are attorneys David Bulitt, Joseph Creed, Jeffrey Greenblatt, Andrew Greenwald, Jay Holland, Burt Kahn, Walter Laake, Timothy Maloney, Steven Pavsner and Steven Vinick. Maloney, a principal attorney and preeminent trial lawyer, was named to the Top 100 list. JGL’s 2018 “Super Lawyers Rising Stars” are attorneys Matthew Bryant, Anne Grover, Rama Taib-Lopez and Levi Zaslow.

“This achievement is a testament to the tremendous efforts that our attorneys put toward helping each individual client and the success they bring to the firm,” said Kahn, managing director of the firm. “It is a prestigious accomplishment for both these attorneys and the entire firm.”

Published by Thomson Reuters, Super Lawyers recognizes only the top 5 percent of all Maryland attorneys who embody excellence in the practice of law. Regarded as among the state’s top up-and-coming attorneys, the Super Lawyers Rising Stars must be 40 years old or younger, or have been in practice for 10 or fewer years. Super Lawyers are chosen through statewide surveys of attorneys, independent research and peer reviews by practice area.

For more than 40 years, Joseph Greenwald & Laake has assisted businesses and individuals in Maryland and the District of Columbia with power legal advice on matters of all types. Our attorneys offer sophisticated counsel with a personal touch, and take pride in forging lasting partnerships to invest in their clients’ long-term success.

Click the image below for more info on our Super Lawyers. 

Divorce is a challenging, and many times painful, process for any family to endure, especially for a family with children. However, this process becomes more complex between parents who have children with Attention Deficit Hyperactivity Disorder (“ADHD”) or other learning disabilities (“LD”), because oftentimes, these children require certain accommodations to ensure that they are secure and best able to succeed. Issues such as child custody and visitation become more complicated to negotiate as these parents must take careful consideration that the agreement reflects the unique caregiving needs that the child requires.

When drafting an access schedule for a child with ADHD/LD, it is crucial that parents recognize and understand the challenges faced by that child, now that he/she will be toggling between two homes. For these kids, it is especially important to maintain a precise, consistent agreement, as disruptions to their routines can cause discomfort and can upset their day-to-day lives.

Some factors to consider when drafting an access and custody agreement for a child with ADHD/LD include:

Residence. Will the child have a primary residence?  With which parent? Who will maintain primary care for the child? Who has been the primary caregiver for the child since her diagnosis? Is the child old enough to weigh in on where he/she primarily resides and how often he goes to the other parent’s home? It is important to solidify a plan to best benefit the child in order to avoid potential stress and upsetting situations.  

Access. Visitation or access schedules can take many forms, from alternating weekends to alternating weeks, with many variations in between.  However, it is important to consider the unique needs of an ADHD/LD child when drafting the agreement. Will that child be able to remember his books?  His assignments?  Will he have what he needs in his backpack for after-school activities?  Does she need multiple sets of textbooks, for school, for both parent’s homes?  Schedules that call for frequent transitions between homes can often be a recipe for disaster when it comes to kids with ADHD/LD.  

Inclusion. During and after a divorce, it is crucial for both parents to collaborate in choosing inclusive social and educational programs for their child with ADHD/LD. Divorce lawyers can help parents resolve issues surrounding these and other items, such as academics, activities, healthcare and therapy needs as well as the constellation of issues surrounding those issues.  Which parent is vested with decision-making authority and/or the methodology for making those decisions is important to consider before finalizing an agreement. The last thing the parents should do is to thrust any child, much less one with ADHD/LD, into a complicated decision or difference of opinion between parents.  

Crafting an access schedule and custody agreement for a child with ADHD/LD can be a complex task. However, it is a task that requires the cooperation and commitment of both parents in order to best assess and meet the unique needs of their child. A precisely-drafted visitation agreement can help to iron out some of these complexities, so that parents can focus on ensuring healthy growth for their children.