Author: JGL Law

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. 

Joseph Greenwald & Laake principal attorney Brian Markovitz was quoted several times in a Variety article regarding President Donald Trump’s denial of sexual misconduct which has left him open to defamation lawsuits.

The article revolves around Summer Zervos, a former contestant on “The Apprentice” who made sexual misconduct allegations against Trump in October 2016. The statute of limitations was likely to preclude litigation over the claim, which was nine-years-old at the time. Trump denied her allegations, along with those of other accusers, threatening to sue them and calling them “liars.” Now, Zervos has sued for defamation, saying that her reputation was harmed by Trump’s claims.

She is not the first to bring a defamation suit against a public figure after their denial of a sexual misconduct allegation, but Markovitz said that it is new that these suits are getting coverage.

Markovitz explained that defamation lawsuits are expensive and hard to win. For average women who work typical jobs, the suits are less useful since the defendants usually are neither wealthy nor well-known. However, this suit is different, because Zervos’ credibility is at stake on a national level.

“Her damages could be very extensive because she has been humiliated and called a liar in the national media,” Markovitz said.

Trump’s lawyers have argued that according to First Amendment law, political statements in political context are non-actionable political opinion and that “expected fiery rhetoric, hyperbole and opinion” are all protected forms of speech.

Markovitz said that this case is “a sexual harassment trial within a defamation lawsuit,” and that Trump’s fiery rhetoric is not helping him legally.

“He is not stating it’s his opinion she is a liar,” Markovitz said. “He is stating she is a liar…The problem [his legal team is] going to have is there’s a videotape” of him saying it.

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 principal Jay Holland commented Monday on a Law360 article regarding a Supreme Court denial of Certiorari in the recent Eleventh Circuit ruling of Jameka Evans v. Georgia Regional Hospital.

In April 2015, Evans sued Georgia Regional Hospital in the state’s federal court, claiming that the hospital violated Title VII because they fired her for being a lesbian and for dressing and acting outside of typical gender norms. The Eleventh Circuit majority held that discharge for homosexuality is not prohibited by Title VII, using the Fifth Circuit’s Blum v. Gulf Oil Corp. (1979) case as a precedent.

Evans replead her case, using the Supreme Court ruling of Price Waterhouse v. Hopkins (1989) as a precedent, which held that Title VII bars employers from discriminating against workers who don’t fit sex stereotypes. She was denied, and appealed to the Supreme Court, arguing in her Petition for Certiorari that discrimination because of sex includes sexual orientation. She noted the Seventh Circuit decision in Hively v. Ivy Tech Community College (2017), in which Chief Circuit Judge Diane P. Wood noted that it is “impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

Holland said that while the Petition for Certiorari was denied in this case, it is only a matter of time before the justices take up the Title VII question, since both the plaintiff’s attorneys and the U.S. Equal Employment Opportunity Commission treat the law as though it covers sexual orientation.

“It may well be that for reasons none of us could know, the court felt that the Eleventh Circuit wasn’t the right vehicle to decide the issue,” he said in the article. “I don’t think that this is the end of the story as it relates to whether or not the Supreme Court will hear it.”

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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. 

In the interview Markovitz details the differences between sex-based and sexual harassment claims.  Markovitz thinks some harassment claims must pass difficult legal tests before they can even bring the case to court. He’d like to see this change. As for how to put an end to the problem of sexual harassment, Markovitz said, “By raising better sons, I find that training does very little to help. Harassers know what they are doing is wrong but don’t care. So, it is important for companies to fire people, no matter who they are, when it is shown that they harassed somebody. Since harassment is about power, it is important for companies to take that power away.”

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.

Joseph Greenwald & Laake principal attorney Brian Markovitz spoke to Law360 for a story regarding holiday parties in the wake of the wave sexual harassment allegations. Holiday parties present an opportunity for bad behavior among co-workers interacting outside the workplace. Will holiday parties become a thing of the past following these allegations?

This interview comes after another story in the Wall Street Journal about a company that sent a memo to their employees outlining acceptable behavior at holiday parties.

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 takes on a wide variety of workplace controversies, and it is his goal to help each client in every way he can. 

The Joseph Greenwald & Laake community came together for fun and holiday cheer during the firm’s annual holiday party on Saturday, December 9. This year’s festivities were held at Tim and Sheila Maloney’s home in Kensington. One hundred guests attended the party, ringing in the season with good friends and good cheer.

JGL would like to wish everyone a wonderful holiday season and a happy New Year. 

 

Joseph Greenwald & Laake attorney Debora Fajer-Smith attended a Maryland Legislative Senate House Oversight Committee for Workers Compensation Senate hearing on Monday, Dec. 4. During the hearing, Debora discussed and questioned legislation that introduced to bring State Correctional Officers under the same realm of all public safety positions.

She also introduced legislation involving the case of Buckler v. Willett Construction Company (1996), where Jurist Irma Raker indicated that temporary total disability and temporary partial disability were never defined in Maryland statutes. Debora argued that these definitions must be defined to allow workers with multiple jobs to receive pay from all in the case of an injury.

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Debora Fajer-Smith is the chair of JGL’s Workers’ Compensation and Insurance Group. She has nearly 30 years of experience in being a passionate advocate for her clients’ rights. She is the only woman plaintiff attorney in Maryland with national recognition, and has gained a reputation as a formidable courtroom opponent and excellent negotiator.