Author: JGL Law

Earlier this month, Joseph Greenwald & Laake principal Veronica Nannis graciously accepted a Community Leadership award from immigrant’s rights organization, Ayuda, at its annual Thank You reception. Ayuda, the Spanish word for “help,” focuses on serving clients in Maryland, DC and Virginia by providing free or low-cost legal work, social and language access services to immigrants from 104 countries. Nannis has been active in Ayuda for several years now, including hosting events and sponsoring fundraisers. Along with grassroots activist organization, BeLoud DC, Nannis was thanked by Ayuda for “outstanding community mobilization and leadership” for increasing community awareness and taking action to protect immigrant’s rights.

The proud daughter of an immigrant from Colombia, Nannis is a seasoned attorney in the firm’s Civil Litigation department and has a personal pro bono commitment to immigrants’ rights and access to justice. In her work with JGL, she has welcomed the opportunity to represent clients from the immigrant community in the Firm’s civil rights cases, since this population is particularly vulnerable to police abuse and not typically eager to report this abuse without strong advocates on their side.  

On Saturday January 20th, Joseph Greenwald & Laake, with JGL Principal and Princeton alum Steve Pavsner, will proudly host the inaugural Princeton Alumni Schools Committee Blitz to interview prospective Princeton University applicants. Over 50 undergrad applicants are expected from Prince George’s County and the surrounding areas at the Firm’s Greenbelt, MD. office.

“I am proud and excited to have JGL host this event for my alma mater. Princeton gave me the foundation for my career here at JGL. It is wonderful to have Princeton and JGL work together to help future students,” says Steven.  

A principal in Joseph, Greenwald & Laake’s Civil Litigation Practice Group, Steve Pavsner has over four decades of experience in litigating a wide range of complex civil cases, including business litigation and professional negligence cases, such as medical, legal, architectural, accounting, engineering, and psychiatric malpractice. Steve is particularly passionate about his work in the area of legal malpractice. He believes the law is a noble profession, and takes it personally when attorneys betray their clients’ trust.

 

Jay Holland, Joseph Greenwald & Laake principal attorney, spoke to the National Law Journal about a story regarding workplace technology playing a larger role in harassment. The story, based on an article by the Financial Times, discussed employees being more connected in the workplace through social media, messaging apps and shared calendars. These connections present greater opportunities for workplace harassment. For the full article, click the image below. 

Jay Holland is a principal in the firm’s Civil Litigation Group, and is 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. 

Governor Larry Hogan, Senate President Mike Miller and House Speaker Michael Busch commemorated opening day of the 2018 General Assembly by hosting an early morning summit in Annapolis on January 10th. The summit included a networking breakfast and a live discussion of some of the most prominent issues facing the state of Maryland. The event was attended by representatives of JGL.

Jay Holland was recently featured in the January cover story for Workforce Magazine discussing emoji use in business and sexual harassment in the workplace. This is an increasingly important issue as professional communication becomes more informal.

Holland cites many possible issues of emojis, including their ability to be easily misinterpreted. Although they are images, emojis are not universal. Holland explains that what may be a positive emoji in our culture, can be interpreted as offensive in another.

Regarding sexual harassment cases, Holland acknowledges that emojis can be used as evidence in a lawsuit. “If a harasser is regularly using emojis and upping their game, so to speak, from smileys to hearts to kissy faces, that’s evidence of workplace hostility,” Holland explains. To combat this, Holland suggests that employers create preventative policies and that they treat any violations seriously.

Jay Holland is a principal in our Civil Litigation Group and chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice. He is a renowned litigator known for taking on tough cases and achieving exceptional results. Outside of the courtroom, Holland is a frequent lecturer and writer on labor, employment law, and False Claims Act cases and is often called upon to present to bar associations and other organizations. 

Workforce Magazine is a multimedia publication that covers the intersection of people, management and business strategy. Their articles cover a variety of topics from management principles, to legal issues and workplace culture.

To learn more about the issues of emoji usage, and to read the article in full, click the image below. 

Joseph Greenwald & Laake principal attorney Brian Markovitz spoke to Law360 about an employment-related story about President Donald Trump sending former White House Chief Strategist Steve Bannon a cease-and-desist letter regarding his comments in a new book, “Fire and Fury: Inside the Trump White House.”

The book by author Michael Wolff discusses the inner-workings of Trump’s administration. Bannon made a series of critical remarks regarding Trump and his family, eliciting a response from Trump on Twitter.

Brian spoke about the use of nondisparagement contracts in employment, as well as other examples of conflicts like this between high-profile employers and employees. He also spoke about Trump’s chances of success in a potential lawsuit.

In his practice, Markovitz serves clients from a variety of industries including government, construction, healthcare, and many more. His clients trust him to help them during their most desperate times, and they appreciate his dedication to correcting injustices that have a tremendous impact on their lives. Markovitz brings an individualized and holistic approach to every case, taking into account each client’s distinct needs and goals in resolving the dispute. His goal isn’t just to win the case – it’s also about helping each client in every way he can.

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Several JGL attorneys attended a fundraiser to help retain Montgomery County sitting judges. The fundraiser benefited the honorable James A. Bonifant, Jeannie E. K. Cho, Debra L. Dywer and Kevin G. Hessler.

Many of JGL’s attorneys both live and work in Montgomery County and are dedicated to the sustained improvement of their community. Jeffrey N. Greenblatt, Anne Grover and David Bulitt all use their expertise in family law to educate others and protect their clients. Stephen A. Friedman previously served as legal director of the Prince George’s County ACLU and continues to regularly provide pro bono services for a variety of worthy causes and clients. Timothy F. Maloney is currently a member of the Maryland Judicial Campaign Conduct Committee, where he has helped establish statewide guidelines for judicial campaign funding. By joining together they are helping to improve the Montgomery County we all love.

I have been a divorce lawyer for more than 30 years. Over that period, I have represented many parents with special needs children.  Maryland judges have also appointed me, on well over a hundred occasions, to represent children as a Best Interests Attorney. Many of those children have also had special needs.  These cases can be extremely difficult matters to litigate, particularly when the children experience mental health issues, learning disabilities or behavioral difficulties. The symptomology of these often cannot easily be seen, explained or understood.

For better or worse, I come to these cases with not only my experience as a lawyer, but also as a parent of a child with lifetime mental health issues. Like a cardiologist who has experienced a heart ailment or an oncologist who has had cancer, I believe my own personal experience with my child has helped me to understand the needs of these children, the nuances of what works and what doesn’t when it comes to time-sharing arrangements, as well as the myriad of issues that these children are faced with when shuttling between two homes.

A child who is eligible for special education services under the federal Individuals With Disabilities Education Act (IDEA) will have an Individualized Education Program, or IEP, created for him or her. IDEA provides individualized services to students in public schools and emphasizes inclusion of all students with disabilities to the extent possible with their non-disabled peers. The IEP sets forth the needed information about the child in all areas that are educationally relevant. It is developed with input from both school personnel and the family and is based on the child’s present levels of performance. The IEP includes aspects of academic work, functional skills, social skills, behavior, and emotional health. If needed, an IEP may provide for speech, occupational or physical therapy.  Similarly, some children have what are called 504 Plans, which are developed to ensure that a child who has a disability identified under the law and who attends an elementary or secondary educational institution receives accommodations that will ensure their academic success and access to the learning environment.

Parents in the midst of divorce who have special needs children should think carefully about their choice of a lawyer, particularly if custodial disputes are anticipated.   When interviewing lawyers, the parent should ask about the lawyer’s experience in working with families that have special needs children, inquire into his or her understanding of the nuances that might be necessary in negotiating parenting plans and agreements as well as the impact on child support and  the often complex decision making issues faced by parents raising these children.   Another area to discuss with potential counsel is his or her experience taking these types of cases to court, and the strategy involved in putting forth the necessary evidence to explain the child’s issues and related needs.

Whenever I have a case that involves a child with special needs, I review school records that document the disability and that describe the IEP or 504 plans that have been designed to meet the child’s unique needs. I look at medical records as well, including psychological and behavioral evaluations, all in the course of helping my client retain an important role in the child’s life after the divorce and in the course of trying to provide for the needs of the child.

It’s important to remember that in most cases, regardless of the custody agreement or court decision, both parents will likely always be a critical part of his or her child’s growth and development. Even in the most hotly contested custody matters, parents should be counseled and made to understand that the other parent will continue to have a place in the child’s life long after the lawyer has moved on to another case. This is particularly true for parents of special needs children, who face very unique and “special” problems and complications of their own.

Joseph Greenwald & Laake principal attorney Jeffrey Greenblatt was quoted several times by Super Lawyers magazine in a story surrounding divorce after the age of 50, otherwise known as “gray divorce.” Greenblatt said that many factors have contributed to an increase in these gray divorces, including a decrease in social stigma toward divorce and an increase in women between the ages of 55 and 64 working.

According to Greenblatt, another factor is related to an increase in life expectancy – after retirement, a person’s longevity is around 20 years, he said.

“For someone who’s been unhappy for a very long time, the kids are now out of the house, they’re thinking, ‘I’m going to be around for a number of years, and I don’t want it to be with this person,’” he said.

Greenblatt said that because the couple is older, a gray divorce may bring more complicated problems than for younger couples. Part of this includes a disrupted retirement plan, and Greenblatt said that divorce attorneys need to look carefully at dividing a pension.

“In Maryland, pensions are normally divided equally between the parties if they accumulated during the marriage,” Greenblatt said. “It’s also important to be sure there is a survivor benefit. This needs to be arranged at the time of the divorce; if you don’t, you’re out of luck.”

Another consideration, according to Greenblatt, is spousal support, of which there are two kinds: rehabilitative and indefinite. Indefinite alimony is awarded in Maryland if the standards of living between the divorcing couple are “unconscionably disparate” – however, this phrase has sparked much debate, said Greenblatt.

“What it means has been subject to years and years of appellate cases,” Greenblatt said. “The award of alimony is not a sure thing—that’s part of what a skilled lawyer would help with.”

Greenblatt also advised those going through a gray divorce to consider long-term interests, as opposed to solely the short-term interest of getting free of the marriage.

“You should let your lawyer do his or her job protecting your interest,” says Greenblatt. “If you don’t, ultimately, yes, you’ve gotten rid of the stress of the marriage—but now you can’t live. Twenty-seven percent of women who go through gray divorce live below the poverty line.”

He also spoke about taking adult children into consideration, as well as reviewing estate planning documents, such as a will or life insurance.

Jeffrey Greenblatt has over 43 years of experience representing individuals in complex, emotionally-charged family law matters in Maryland. He has a strong emphasis in areas such as divorce, alimony, child custody and protective orders, and is a compassionate advocate for each one of his clients. He is also a pioneer in the emerging area of family law, Gray Divorce, or the divorce of couples over 50 years old.

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Joseph Greenwald & Laake principal attorney Brian Markovitz was quoted several times in a Maryland Daily Record Article surrounding a culture shift on sexual harassment allegations. In the wake of accusations of sexual misconduct against movie producer Harvey Weinstein, many employees have come forward in their own workplaces with similar allegations. Now, Maryland attorneys are working to make sure sexual misconduct allegations are handled responsibly.

Markovitz said that as these allegations stay in the headlines, people have become more comfortable with bringing them to light, especially as high-profile people have been speaking openly about their own experiences.

“None of this should be new or shocking to anybody,” Markovitz said in the article. “It’s just that people have had enough.”

In terms of advising employers to handle these accusations responsibly, Markovitz advises firing employees against whom complaints are made. He calls it the “dog-bite rule,” referring to dogs getting one “free bite” before being classified as a dangerous animal.

“If you know someone who’s a sexual harasser, there’s usually something wrong with this employer,” Markovitz said. “They will act again, and you will be responsible for that as you would be as a dog owner.”

Markovitz recommended that complaints of this nature should be made in writing and that an oral complaint should be followed up with an email. He spoke about companies being reluctant to fire employees in the wake of accusations.

“This stuff gets tricky when the company makes it tricky,” Markovitz said, “When you start to dance with the devil, you have a problem.”

Finally, Markovitz recommended that workplaces “be very clear about [their] lines” during the holiday party season, advising preventative steps such as cutting off an open bar or ending the party earlier.

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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Joseph Greenwald & Laake sponsored and attended the annual Howard County Chamber Jingle Mingle event on Thursday, December 14. The event, hosted at The Residences at Annapolis Junction, gave attendees the opportunity to ring in the holiday season with Chamber colleagues. Colleagues celebrated the season with food, beverages, live entertainment and networking.

JGL was one of the event’s many sponsors, including Capital One Spark Business Card, St. John Properties, Katz Abosch, First National Bank and Offit Kurman.

Allison McFadden 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 clients cover a broad spectrum of occupations, financial resources and legal needs, from high-net-worth business owners seeking fair division of assets, to parents with limited resources involved in highly-contested custody disputes. 

 

The Joseph Greenwald & Laake community has welcomed a new attorney. Rodney M. Hermann II will join the firm as an associate attorney in the Family Law practice. His practice includes the following areas:

• Divorce
• Alimony
• Custody – physical and legal
• Visitation
• Child support
• Property distribution
• Enforcement actions
• Modification actions
• Prenuptial and antenuptial agreements
• Domestic violence

Rodney attended Our Lady of Good Counsel High School in Montgomery County. Next, he attended the University of Miami, graduating with a degree in Business and Finance in 2005. He then received a Series 7 license and worked as a financial advisor and financial analyst for three years.

In 2011, Rodney graduated cum laude from the University of Baltimore School of Law and was admitted to the Maryland Bar the same year. Before joining JGL, he worked as a prosecutor in the Montgomery County State Attorney’s office for six years.

Rodney has resolved and tried thousands of misdemeanor and felony criminal cases related to charges of theft, driving under the influence, arson, distribution of controlled dangerous substances, assault, robbery, illegal possession of firearms and burglary. He has also tried over 100 bench trials and numerous jury trials to verdict.

Please join us in welcoming Rodney to the JGL community.