On October 11, Gov. Wes Moore named Paul Riekhof, president and managing director of JGL to the Commission charged with nominating appellate court judges.

Paul is among 17 people appointed. You may view the entire article here.

Introduction

Family dynamics can be complex even during times of tranquility, but this complexity can be exacerbated when it comes to divorce or separation. Yet, the well-being of the children involved remains paramount. In recent years, Maryland families are increasingly using a unique custody arrangement known as “nesting.” Nesting is an arrangement where children remain in a primary residence and parents alternate their time in the residence, which prioritizes stability and continuity for children during a divorce or separation. In this blog post, we’ll explore what nesting entails, how it works, its benefits, and some considerations for Maryland families.

What is Nesting?

Nesting is unconventional but an innovative approach to co-parenting during or after a divorce or separation. With a nesting arrangement, the children remain in the family home, while the divorced or separated parents alternate their time in the home. This means that the children maintain a consistent living environment while the parents rotate in and out according to a predetermined schedule. The goal is to minimize disruptions in the children’s lives and provide them with a sense of stability.

How Does Nesting Work?

The specifics of a nesting arrangement can vary depending on the parents’ preferences and the needs of the children. Typically, parents establish a detailed schedule outlining when each parent will be in the family home. During their time away from the family home, the non-residential parent may stay in a separate residence, such as an apartment or with relatives. It’s important to note that nesting is often a temporary arrangement until a more permanent custody arrangement is reached.

Benefits of Nesting

  1. Stability for Children: Nesting allows children to remain in their familiar home, attend the same school, and maintain their routines, minimizing the emotional upheaval often associated with divorce such as dividing their own personal possessions.
  2. Effective Co-Parenting: Nesting encourages parents to work together and communicate effectively since they share the same living space. This can lead to better cooperation and co-parenting outcomes.
  3. Smooth Transition: For some families, nesting can serve as a transitional arrangement, giving parents and children time to adjust to the new circumstances before settling on a permanent custody arrangement.

Considerations in Maryland

While nesting can offer several benefits, it’s essential to consider its practicality and suitability for your family’s unique situation. Here are some factors to think about:

  1. Legal Agreements: It’s crucial to formalize the nesting arrangement through a legal agreement, even if it’s intended to be temporary. A family law attorney can help draft an agreement that outlines responsibilities, schedules, and financial contributions.
  2. Costs: Maintaining two separate residences can be financially challenging. Discuss how you and your co-parent will share these expenses and ensure that it’s sustainable for both parties.
  3. Long-Term Viability: Nesting is unlikely to be a long-term solution. So, it’s essential to consider when and how you will transition to a more traditional custody arrangement as the children grow older.
  4. Child’s Well-Being: The best interests of your children should remain the priority in a nesting arrangement. If nesting becomes stressful or detrimental to their well-being, it may be necessary to reconsider the arrangement.

Conclusion

Nesting in Maryland family law is a unique approach that prioritizes the well-being and stability of children during the challenging times of divorce or separation. While it offers several benefits, it’s crucial for parents to carefully consider their specific circumstances and understand the potential pitfalls of nesting. Consulting with an experienced family law attorney is critical when considering a nesting arrangement that can achieve your goal of creating a supportive and nurturing environment for children as they navigate the complexities of their parents’ separation.

The U.S. Department of Justice will be prosecuting a whistleblower’s decade-long claims that a contractor bilked the U.S. Department of Defense for $ 12.6 million by adding hidden markups to audiovisual equipment, attorneys for the whistleblower announced.

The DOJ unsealed the matter on October 3, 2023. This case was highlighted in the recent Law360 post entitled “Firm Accused of Overcharging DOD $12.6M for AV Gear.”

Read the entire article here (PDF).

JGL Principal Reza Golesorkhi has been named Best Attorney by DC Magazine by Modern Luxury Media on their “Best of the City” List for 2023.

Read more

Virginia (Gia) Grimm and David Bulitt discuss:

  • Montgomery County Damascus High School sexual assault lawsuit and the recent settlement of $9.7M
  • Title 9 and how it should protect students at the K-12 and University level
  • “Hear Our Voices Act”
  • Overview of how the process of filing a report as a victim of assault should be with this new act in place

Through mediation and many conversations encouraged a former couple involved in a complex custody dispute to reach an amicable arrangement that put the interests of the children to the forefront.

NoVa Company Padded Its Invoices on AV Equipment, Prosecutors Say

A Northern Virginia government contractor and its founder may owe taxpayers more than $37 million for defrauding the U.S. Department of Defense, according to federal prosecutors.

Instead of passing along discounts on audiovisual equipment to the Defense Department, as it had agreed to do, Innovative Technologies, Inc. added hidden markups and kept the difference, prosecutors claimed in a complaint that was filed last week.

The government’s intervention in the matter was revealed today when the case was unsealed at the U.S. District Court for the District of Columbia. Lawyers for Humberto Irizarry, the whistleblower and former ITI employee who first drew prosecutors’ attention to the alleged fraud, welcomed the development.

Mr. Irizarry is represented by The Employment Law Group® law firm and Joseph Greenwald & Laake, PA. He filed his initial complaint against ITI under the federal False Claims Act in 2013; since then it has been under investigation by the U.S. Attorney’s Office for the District of Columbia.

The FCA, signed into law by President Abraham Lincoln in 1863, makes it illegal to claim payment from the federal government via deception. The law includes a “qui tam” provision that allows whistleblowers to file a complaint on behalf of the U.S. and—if they prevail—to receive a portion of any resulting settlement or judgment.

Under the terms of the FCA, Mr. Irizarry’s lawsuit remained sealed while prosecutors dug into his allegations. This summer the government decided to take the reins and pursue a federal jury trial against ITI and its founder, Mariano Martinez, who is accused of unjust enrichment in addition to fraud; the decision and resulting complaint became public today.

Mr. Irizarry, who was forced out of ITI in 2012 after raising concerns about the company’s dealings, will continue to be involved in the case.

“This vindication has been a long time coming for Bert,” said Janel Quinn, a principal of The Employment Law Group. “As the United States says in its complaint, Mr. Martinez begged him to ‘stick with the story’ and ignore a fraud on taxpayers. He refused, demanding honesty until Mr. Martinez shoved him toward the door. Then he assembled evidence to show to the authorities, and after a deep investigation the U.S. government is supporting his cause.”

“Whistleblowers need courage and patience, and Bert has shown a deep reservoir of both,” said Jay Holland, a principal of Joseph Greenwood & Laake. “Justice is worth the wait, and we’re grateful to the U.S. Attorney’s Office for its diligence in this case. FCA cases have a long fuse—this one longer than most—but Bert never lost faith. Now he moves forward with the United States at his side.”

Ms. Quinn and Mr. Holland worked on Mr. Irizarry’s case with Assistant U.S. Attorney Darrell C. Valdez of the U.S. Attorney’s Office for the District of Columbia.

Case Information
United States ex rel. Irizarry v. Innovative Technologies, Inc.
No. 1:13-cv-00705
U.S. District Court for the District of Columbia
Original complaint filed on May 14, 2013
U.S. complaint in partial intervention filed on Sept. 27, 2023 (available here)

Montgomery County school system settled Damascus sex assault claims with four former JV football players who alleged schools ignored looming threats before teens were assaulted with broomsticks in locker room.

Read more here.

Lindsay Parvis has been selected by The Daily Record as one of Maryland’s Power Players for the 2023 Family Law Power List.

This group is composed of the most significant, influential and respected attorneys in family law.

The Washington Post article quotes Tim Maloney, principal at JGL, regarding this settlement. The article is entitled “Montgomery to pay $9.7 million to settle Damascus sex assault claims.”

Maloney and a JGL team represented one of the four former football players and his family. Maloney credits attorneys Matthew Bryant and Alyse Prawde as well as the rest of the team that contributed to this victory.

Erika Jacobsen White, Principal at Joseph Greenwald & Laake, P.A., commented, “Workers in the U.S., and in particular low wage workers, already face significant risks in bringing forward claims of discrimination when their employers interfere with their FMLA rights.

The lived reality for many workers means that taking the unpaid leave afforded to them under the FMLA, if they qualify at all, is already extremely challenging and can mean financial hardship. The courts should not enact further judicially created barriers to worker rights where none exist in the plain language of the law.  Congress was clear that employers should not be permitted to simply claim that they believed that a worker was taking leave for something other than its intended purpose in order to take an adverse employment action against them. To do so will only incentivize employers to further restrict worker rights, and undermine the spirit of the law.”

You can read the entire Law360 article here

In this episode of JGL LAW FOR YOU, Debora Fajer-Smith and David Bulitt discuss the issues arising around filing for Workers Compensation with rising temperatures and extreme hot weather conditions.

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