Author: JGL Law

I often represent whistleblowers – employees in either the private or public sector who become aware of wrongdoing by their employers and come forward to report the wrongdoing in the interest of pressing for change and reform.

Over the years, we have won hundreds of millions of dollars in cases that were originally spurred by whistleblowers’ activities, and we have achieved courtroom victories for whistleblowers who suffered illegal retaliation precisely because they chose to blow the whistle on improper corporate actions.

But does whistleblowing have a positive long-term effect on corporations? Does it make them more ethical, years after the whistleblower’s activity is completed? No one really knows the answer, but a recent study from the University of Iowa’s Tippie College of Business indicates that the answer is yes.

In a recent article in The New York Times,  reporter Gretchen Morgenson late last year discussed the findings of a study by Jaron H. Wilde, an assistant professor of accounting at that school. Wilde set out to ask the question about whether financial shenanigans at companies in the United States tend to decrease in the years after whistleblowers come forward to tell the truth. He sought to obtain evidence that would suggest an answer.

So in conducting the study, Wilde chose a group of companies that, in the period from 2003 to 2010, were involved in “employee retaliation” cases that were adjudicated before the U.S. Department of Labor. These are cases in which an employee stepped forward as a whistleblower and claimed that he or she was retaliated against by his or her employer. They served as a database of whistleblower cases.

Wilde’s sample included a total of 317 companies, and he compared what went on at those companies afterwards with what happened at “control” companies that did not have whistleblower activity during the time in question.

Wilde found that there were significant differences between the companies that had had whistleblower activity and those that did not.

“Following the allegations,” the study concluded, “whistle-blower firms are significantly more likely to experience a decrease in the incidence of accounting irregularities and a decrease in tax aggressiveness, compared with control firms.”

And Wilde found that the decrease in accounting and tax shenanigans lasted for at least two years. He concluded from his findings that whistleblowers do indeed have significant and lasting effects on their companies.

For those of us who represent whistleblowers on a regular basis, this is a heartening result. It tells us that most whistleblowers are people who take risks in telling the truth in order to right wrongs and bring about fairness and justice.

Wilde’s full study was published in The Accounting Review on January 6, 2017.

Check out the Winter edition of JGL’s newsletter for a recap on the firm’s recent legal successes, news stories and community involvement.

The Attorney/Novelist’s book, Because I Had To, has already gotten rave reviews. Here’s one example

“5/5 Strongly Reccommend! My first thought when I finished this book was NO! How could the author end this book leaving me wanting more? I really did not want the story to end. The novel is the story of Jess, who is an adopted twin who has had a difficult time dealing with her father’s death and her relationship with her adopted mother and twin. We follow her story as she leaves her family and moves to Florida and tries to find herself. She asks her father’s best friend who is an attorney to help her find her birth mother, and they travel together with her best friend to meet her birth mother. The novel is really the story of a young woman who is trying to find herself, as she makes her way through young adulthood, Learning to trust new relationships and how she fits into this world, learning to deal with expectations vs. reality as she integrates what she has learned from her birth mother and adoptive mother and how it all fits the giant puzzle of her life. I found myself drawn to Jess and rooting for her to propel herself forward in life and succeed. The irony at the end of the story was not lost on me, and left me wanting to know what her decision would be and how would her life develop. I really enjoyed reading this author’s novel.”

-Tracy Doerner, NetGalley

Joseph, Greenwald & Laake recently welcomed two new attorneys to its Greenbelt, MD office.  Associate attorney Maritza Carmona is the newest member of the firm’s Civil Litigation team, while Alex Geraldo has joined the firm’s Workers’ Compensation and Insurance practice as a staff attorney.

Ms. Carmona earned her JD from the University of Maryland Francis King Carey School of Law in 2015, where she served as articles editor of the Maryland Law Review.  Ms. Carmona has also served as judicial intern to both the Honorable Wanda Keyes Heard, Baltimore City Circuit Court and the Honorable Robert A. Gordon, U.S. Bankruptcy Court in Baltimore.  Most recently she has served as a law clerk at JGL. Ms. Carmona is a member of the Maryland State Bar.

Mr. Geraldo earned his JD from the University of Baltimore in 2015.  He previously clerked for the Honorable Cathy H. Serrette in the Circuit Court for Prince George’s County.  Mr. Geraldo is also a member of the Maryland State Bar and an eligible member of the Washington, DC bar.

“We are pleased to welcome these two bright new attorneys to our growing JGL legal team,” said Burt Kahn, managing director of Joseph, Greenwald and Laake.  “We look forward to their contributions to help us to continue to provide quality legal services in the civil litigation and workers’ compensation areas.”

JGL Principal Attorney Brian Markovitz contributed to BNA’s Health Law Reporter article regarding the recent decision from the US Court of Appeals for the First Circuit.  The decision clears the way for a False Claims Act case to  proceed against Universal Health Services, Inc.  Click on the image below to obtain the full article:

David Bulitt, a principal in Joseph Greenwald & Laake’s family law practice and our Assistant Managing Director, has just written his second novel that will be published on January 27, 2017. The novel draws extensively both from David’s experience as a father of an adopted child with mental health and addiction issues as well as on David’s 30 years’ experience representing clients in family law.

The novel, Because I Had To, is published by Roundfire Books. Among its main characters are a troubled young woman who runs away from home and a jaded family law attorney who finds a calling to help someone in need. The book tackles people’s complex emotions and views them through the lenses of psychology and law. It takes the reader inside the worlds of adoption, teen therapy, family law, and the search for a biological family. With a cast of finely drawn, complicated characters, it asks it’s readers to consider the question: Can the present ever heal the past?

This is David’s second novel; his first, Card Game, was published in 2015.

For David, the process of researching and writing his books has made him a better observer of the human condition – and a better attorney.

“I find that I am now more able to relate to my clients and to understand their dilemmas, their concerns, their priorities and their problem-solving techniques,” David says. “I have become more passionate than ever in defending my clients’ rights during divorce, particularly when the interests of children are involved.”

David will be discussing his book at a series of events in the Washington, DC, area in beginning in early 2017. The book is available for now for pre-order on both amazon.com and bn.com and will be available for purchase after publication at several local bookstores, on many e-book sites at www.roundfire-books.com.

David’s practice at Joseph Greenwald & Laake focuses on all areas of family law, including cases that involve complex financial and property matters and property distribution, divorce, and child custody disputes. He is often appointed by local courts to serve in one of the most difficult and demanding legal roles, as a Best Interests Attorney for children whose parents are embroiled in high conflict custody disputes. He also has extensive expertise working with families that have children with special needs. 

David has been named one of the DC Area’s “Top Divorce Lawyers” by both Washingtonian Magazine and Bethesda Magazine. Additionally, he has for many years been recognized as one of the “Best Lawyers in America” among Maryland’s and Washington, DC’s “Super Lawyers.”

The National Trial Lawyers is pleased to announce that Brian J. Markovitz of the law firm Joseph Greenwald & Laake, PA in Greenbelt has been selected for inclusion into its Top 100 Civil Plaintiff Trial Lawyers in Maryland, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to the top 100 attorneys in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.

The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in their area of the law, specifically criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the United States.

With the selection of Brian J. Markovitz by The National Trial Lawyers: Top 100, Mr. Markovitz has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Trial Lawyers: Top 100 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.

To learn more about The National Trial Lawyers, please visit: http://thenationaltriallawyers.org/.

Check out the Fall edition of JGL’s newsletter for a recap on the firm’s recent legal successes, news stories and community involvement.

On November 1st, Inside Counsel published an article featuring JGL Principal David Bulitt​ to discuss the tax consequences of the high profile divorce of Brad Pitt and Angelina Jolie. David certainly has some good insight into divorce situations that all people can benefit from.  

Link to article: http://www.insidecounsel.com/2016/11/01/what-are-the-tax-implications-of-the-brangelina-di?ref=hp-top-story

Please be advised that due to Intellectual Property Rights full access to this article may require registration or purchase of a subscription.

GREENBELT, Md. – Joseph, Greenwald & Laake, P.A. is pleased to announce that the firm has been highly ranked in the Washington, DC, metropolitan area by the U.S. News – Best Lawyers® “Best Law Firms” for 2017. The firm has achieved Tier One rankings in the areas of Family Law, Personal Injury Litigation – Plaintiffs;  Tier Two in Medical Malpractice Law – Plaintiffs; and Tier Three in Trusts & Estates Law.

“Our firm is once again honored to be recognized by U.S. News – Best Lawyers as among the top law firms in the Washington area,” said Burt M. Kahn, managing director of the firm. “We extend a thank you to both our clients for trusting our firm with their often sensitive and complex legal needs and our attorneys for their consistently high levels of commitment to addressing those needs.”

For the seventh consecutive year, U.S. News – Best Lawyers has ranked U.S. law firms in major legal practice areas nationally and by 185 different metropolitan areas or states. The evaluation process involves client and lawyer evaluations, peer review from leading attorneys in their fields, and review of additional information provided by law firms as part of the formal submission process. Client feedback addressed the firms’ expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether clients would refer another client to the firm.

To be eligible for a “Best Law Firms” ranking in a particular practice area and metro region, a law firm must have at least one lawyer who is ranked by Best Lawyers in that particular practice area and region. Currently, the firm’s attorneys David Bulitt, Stephen A. Friedman, Jeffery N. Greenblatt, Andrew E. Greenwald and Timothy P. O’Brien are ranked in the most recent edition of The Best Lawyers in America.

For more than 40 years, Joseph, Greenwald & Laake, P.A. is one of the most trusted law firms serving Maryland, the District of Columbia and Virginia. Known for its commitment to community, confidence and character, Joseph, Greenwald & Laake has represented a variety of clients, including individuals, small businesses and multimillion-dollar corporations. From simple to complex legal needs, the firm is prepared to deliver strategic solutions with high standards. 

 

On September 22, 2016, the DC Court of Appeals issued a decision in favor of our clients in their battle over membership and control of Jericho Baptist Church Ministries, Inc., a large, nationally-known church located in Landover, Maryland. The court affirmed a lower court decision that a purported board of trustees that seized control of Jericho in 2010 and terminated our clients’ membership rights was not the valid board of Jericho. The effect of the court’s decision affirmed the return of control over Jericho to the original Board of Trustees, which includes Rev. Joel Peebles, the senior pastor whose parents founded the church more than 50 years ago. This decision marks a key victory for Rev. Peebles and is also a significant ruling in First Amendment law concerning the establishment of religion.

The case arose after Betty Peebles, a founder of Jericho and chair of its Board of Trustees, died in October 2010. Shortly after Ms. Peebles’ death, a group of church employees and former employees claimed that they had been elected to the Board and seized control of the church entity and its assets. The group asserted that Joel Peebles and William Meadows were not members of the Board. Litigation ensued in multiple cases and has been ongoing for nearly six years.

In this case, Robert George, Paulette Shelton, and Anaya Jamison, three longtime church members whose membership rights were terminated by the new “board,” brought an action in DC Superior Court challenging the legitimacy of the purported board. Joseph Creed led the trial team. Following a three-day trial in June 2015, Superior Court Judge Stuart Nash ruled for the ousted church members. Judge Nash concluded that the purported board was not validly elected under DC nonprofit corporation law, and that subsequent actions taken by the board, including firing Peebles as pastor after his mother’s death, were invalid. The judge ordered that the board “refrain from exercising ownership or control” over any of the church’s assets. The ruling returned control of Jericho to the original Board, which included Joel Peebles and William Meadows.

Partners Joseph M. Creed and Timothy F. Maloney successfully pressed the members’ cause in the appeals court. The DC Court of Appeals affirmed Judge Nash’s ruling in its entirety.

One key assertion by the purported board was that Judge Nash should not have acted at all in the case “because it required him to exercise authority over religious matters in violation of the First Amendment.” The purported board argued that the dispute within the Jericho church was “nonjusticiable” — in other words, that it could not be subject to review by a secular court, since the dispute was an internal religious controversy that courts were not equipped or allowed to adjudicate under the First Amendment’s religion clauses. The group opposed to Peebles contended that the judge’s ruling was necessarily premised on internal church doctrine, in violation of the First Amendment.

In a significant legal holding, the Court of Appeals rejected this contention. It said that the First Amendment’s religion clauses were not implicated because the case “required only that the court determine” whether the resolution by which the purported board claimed to be elected was passed in accordance with DC nonprofit law. Thus, the court was not called upon to inquire into any specific religious principles.

The court said that church organizations are not above the law, and that as long as a court is asked to apply “neutral principles of law” and is not asked to rule on whether particular individuals conform to religious standards of belief and practice, courts are allowed to get involved in disputes of this sort. This is an important holding that could have broader implications in other cases involving internal church disputes.

Learn more about JGL partner Veronica Nannis from her recent interview with Of Counsel. Her discussion covers topics from how she got into the legal world to some of her favorite cases in her career. Read the full interview by clicking on the image below.