Author: JGL Law

JGL attorneys Tim Maloney, Debora Fajer-Smith, Sally Presler McCash and Reza Golesorkhi attended the Annual Civic Leadership Awards event celebrated by The Community Foundation in Prince George’s County. The event was held at the MGM National Harbor Resort & Casino on Nov. 16. The awards event is one of the county’s premiere events, attended by over 300 local and regional luminaries each year. The Community Foundation in Prince George’s County mobilizes charitable giving in support of effective nonprofits working to close the socio-economic divide and provide opportunities.

JGL sponsored the event, which recognized the contributions of notable community leaders such as The Honorable Albert Turner of Carrollton Enterprises and Reverend Dr. Jonathan L. Weaver of the Greater Mt. Nebo AME Church. The event’s theme, Unity through Diversity, was a part of the event’s mission to share a vision of a promising future for the community, and to maintain viable neighborhoods throughout the county. 

JGL principal attorney Brian Markovitz attended a United States Senate Judiciary hearing regarding forced arbitration on Nov. 8. During the hearing, Brian’s client from a previous case was recognized by Senator Al Franken (D-Minnesota) as an example of women who was sexually harassed and then harmed a second time by forced arbitration.

Forced arbitration clauses in workplace contracts require employees to settle disputes through a process of arbitration, rather than in court. The employee often waives their right to sue or to participate in a class action lawsuit.

Brian’s client is a former employee of Circuit City, who filed a lawsuit in 2005 stating that the company’s arbitration agreement was invalid, and that because she was not provided with a copy of the arbitration rules, she unknowingly waived her right to sue. Brian argued his client’s case in the Maryland Court of Appeals, and the court ruled that the arbitration agreement was enforceable.

Brian was previously interviewed by Bloomberg BNA and Law360 for a similar case, Epic Systems Corp. v. Lewis, which asked whether an agreement that requires an employee to resolve employment-related disputes through individual arbitration, and waive class and collective proceedings, is enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act, according to SCOTUSblog.

“The NLRB certainly got it correct,” Markovitz told Bloomberg BNA. “By definition, class action waivers prohibit employees acting together, known as ‘concerted activity,’ which is protected by the National Labor Relations Act. But, the Supreme Court is unlikely to rule that way. These waivers clear court dockets and help big businesses by insulating companies from class actions because employees cannot sue them collectively. Probably a 5-4 decision, hurting the little guy.”

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. 

Senior Counsel Eleanor Hunt hosted a yoga and meditation networking event for members of the Maple Lawn Women’ Networking Group on Nov. 8. As founder and facilitator of the networking group, Hunt aimed to create a relaxing and empowering event that allowed professional women to connect with each other. In addition to a networking session, the event also featured an hour of yin yoga and an hour of gong bath sound meditation.

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. Eleanor is an experienced courtroom advocate who has earned a reputation as a caring and cool-headed adviser for each of her clients. 

JGL principals Jay Holland and Veronica Nannis co-sponsored the 17th Annual Taxpayers Against Fraud Education Fund Conference and Awards Dinner from Nov. 1 to Nov. 3. Although longtime attendees, this marks the second year that the two have been co-sponsors of the invite-only conference, held at The Mayflower Hotel in downtown Washington DC This is the preeminent conference for whistleblower attorneys and sees attendees from across the nation. 

The conference always focuses on  the False Claims Act  and whistleblowers. In addition to three days of educational workshops, the conference is a chance for attendees to network with and learn from one another.  Attendees included members of the Department of Justice and state Attorneys General offices, as well as prominent policy makers, federal agency attorneys, key subject matter experts, and members of the relators’ bar. With a strong and deep whistleblower practice, JGL had six members of the firm attend the conference. 

Both Holland and Nannis have extensive experience with the False Claims Act and whistleblower law. Holland is chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice, and Nannis has been representing employees with personal knowledge of health care fraud in particular for over 10 years. Holland and Nannis have both proven to be loyal allies and for their clients, as well as skillful courtroom advocates.

The J. Franklyn Bourne Bar Association’s 33rd Annual Scholarship Awards Banquet’s title and theme were “Progress in the face of adversity.” The event was held to honor the scholarship recipients.

To receive a scholarship, applicants must prove that they are well rounded individuals. In addition to their academic achievements, applicants must also demonstrate their commitment to their community and to their school.

Joseph Greenwald & Laake congratulates all scholarship recipients, and wishes them good luck in all their future endeavors. Eleanor was joined by Matt Bryant, Alyse Prawde, Brenda Adimora and Maritza Carmona.

 

As both a family law practitioner and a parent who has a child with an opioid addiction, I have, for many years now, had a front row seat to the damage that drugs can do to a family. Some years ago, we would encounter opioid addiction in a divorce case only occasionally. However, as the scope of this epidemic has grown in Maryland, so has its prevalence in child custody, divorce and in other family law matters. The good news is that Maryland was an early adopter of programs that work to not only enforce laws, but rather to coordinate teams of professionals to help families struggling with drug addiction. 

Drug Treatment Court gives addicts an opportunity for treatment instead of prison. Family Recovery Court works to reunite families by helping parents who have had had their children taken away. Both programs have been in place since about 2004, but have become even more important with the growth of the opioid crisis. The courts will offer sanctions and terminate the program if necessary, but the focus is clearly on helping participants who are serious about turning their lives around. 

By creating a collaborative group around each case, the court can monitor and guide every step of recovery. Each is a voluntary program that includes random, frequent drug testing, intensive outpatient or inpatient care and frequent court appearances. Many individuals who have drug addiction issues also suffer form mental illness. The “dual diagnosis” individuals can be particularly hard to treat. The overall treatment approach is to focus on getting the patient clean and helping them rebuild their lives – from mental health, to parenting and job skills training. 

Drug Treatment Courts operate across Maryland and Family Recovery Courts are now in place in Harford, Baltimore, Charles and St. Mary’s. Counties.

In Maryland, and in similar programs across the country, rates of success have been high, with low recidivism. Many families every year are regaining their lives, while the cost to taxpayers is far less than that for foster care and prison. As one might imagine, I am hoping this trend continues and continues to expand throughout Maryland and the nation.

In this particular custody case, the appellate court overturned the decision of the trial judge, reverting guardianship back to the mother. 

Due to the nature of the appellate trial, this decision has raised many concerns within the legal community, with many attorneys believing that this decision has effectively changed the standards regarding grandparents seeking custody of their grandchildren.

The article, titled The Fallout From Burak, was featured on the cover page of the Daily Record. Click the image below for the full story.

 

 

 

Joseph Greenwald & Laake hosted a reception to honor the legacy of late name partner, Fred R. Joseph, who passed away 20 years ago. Joseph was more than just a name partner at the firm. He was a greatly admired and respected civil rights and criminal trial lawyer who had a tremendous influence within the community and the entire state of Maryland. 

The event provided an evening of remembrance and generosity in Joseph’s honor as the firm gathered with members of the Joseph family and the legal community to celebrate the life of a great attorney and a dear friend. The reception was also attended by members of both the Prince George’s County and Montgomery County bar associations, and members on the bench. Throughout the evening, JGL accepted and matched contributions to benefit the scholarship in Joseph’s name, at American University’s Washington College of Law, his alma mater.

 

Large companies have increased their focus on handling sexual harassment claims amid the Harvey Weinstein allegations. The Variety article details how several executives have stepped down as more and more women file claims. The attorney general of New York has now opened an investigation into Weinstein’s former company.  Holland believes, “the attorney general’s investigation could be an impetus for others to come forward and file a claim.”

Click below for the full article 

Jay Holland 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.

 

The event, held at the Ten Oaks Ballroom in Clarksville, Maryland, honored U.S. Senator Benjamin L. Cardin of Maryland with the sixth annual Simon E. Sobeloff Award for outstanding contributions to the legal and Jewish communities. JGL attorneys Jason Sarfati, Reza Golesorkhi and Timothy Maloney attended the event. 

Judge Simon E. Sobeloff’s 59-year career in law was devoted mostly to public service. In 1952, he was sworn in as Chief Judge of the Maryland Court of Appeals, and was the first Jewish man to sit on Maryland’s highest court. He was appointed Chief Judge of the United States Court of Appeals for the Fourth Circuit, where he served until his retirement in 1964. 

Sobeloff was an active participant in the affairs of the Jewish community, serving as Director of The Associated Jewish Charities, Director of the Jewish Educational Alliance, an officer of the American Jewish Congress, and more.

The Simon E. Sobeloff Law Society was founded in 2004 by a small group of attorneys in Montgomery County. The purpose of the society is to provide a social vehicle to network, encourage civility and build camaraderie among attorneys, while celebrating Jewish heritage and Jewish values in the law, according to the society’s history. 

 

The crime was carried out by home healthcare providers abusing the Medicaid system. The Department of Justice has made prosecution of individuals accused of corporate fraud a major priority since 2015. The company’s $489,744 in fraudulent claims were tripled due to the FCA’s damages provision. The court also asked for the maximum per claim fine for each offense. 

Click the image below for the full article. 

Brian Markovitz is a principal in Joseph Greenwald & Laake’s Labor and Employment Group. He represents employees who have been wrongfully terminated, who have suffered discrimination at work, or who have been retaliated against for reporting fraud or misconduct. He is one of the nation’s leading practitioners representing whistleblowers under the federal False Claims Act.

 

On Monday, Governor Larry Hogan signed an executive order preventing discrimination against Israel. Specifically, the order prohibits the state of Maryland from awarding government contracts to companies that have supported boycotts of Israel.

As a member of the Maryland – Negev Sister State Committee, Debora Fajer-Smith advocated for this outcome alongside other committee members and organizations, including Terps for Israel a club comprised of University of Maryland students. (pictured below) 

The Maryland Sister States Program is designed to promote “international cooperation and understanding” between Maryland and various foreign states. Negev has officially been a part of the program since September 2016.

Fajer-Smith has traveled as a citizen-ambassador to the Middle East, Asia, Europe, Africa and Latin America. She believes in giving back to the community she serves. For this, the Daily Record named her to the Top 100 Women of the Year in Maryland for 2007. Debora believes whether she’s in Maryland practicing law or advocating for Israel, “it’s all about lifting the lives of others so they can prosper.”