Author Info for Miles & Stockbridge P.C.

Roger Abbott

What Contractors Can Do to Protect Themselves in the Event of a Government Shutdown

A version of this blog post was originally published in September and then published again in January. Funding for several federal agencies will run out Friday night, with funding for the remaining agencies expiring March 8, if…more

Federal Budget, Federal Contractors, Federal Funding, Government Shutdown, Strategic Planning

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Daniel Adamson

Md. High Court to Defendants: Don’t Show Up Empty Handed When Using the “Empty Chair” Defense

The “empty chair” defense, where the defendant denies responsibility for the plaintiff’s injuries and blames a person absent from trial (i.e. the “empty chair”), can be extremely effective in tort actions. The Court of Appeals…more

Appeals, Defense Strategies, Discovery, Jury Trial, Litigation Strategies

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Cynthia Allner

Infrastructure Investment and Jobs Act: Key Points

On November 15, 2021 (the “Effective Date”), President Biden signed into law the Infrastructure Investment and Jobs Act (the “Act”) to invest in our nation’s infrastructure and competitiveness. The federal government regularly…more

Biden Administration, Broadband, Carbon Capture and Sequestration, Climate Change, Community Development

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Stephanie Baron

[Event] Hot Topics in Employment Law - April 11th, Linthicum Heights, MD

Please join us on April 11 for a half-day program and plenty of networking. Our annual Hot Topics in Employment Law Seminar brings together business owners and legal, C-Suite and human resource professionals to discuss the…more

Continuing Legal Education, Diversity, Employment Contract, Employment Policies, Events

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Adam Bartolanzo

Federal Circuit Expands What It Means to be an ‘Interested Party’ to Bring Bid Protest

The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process…more

Bid Protests, CAFC, COFC, Contract Disputes, Contract Disputes Act

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Joseph Beavers

Where Does ESG-Related Disclosure Reporting Stand?

Our earlier blog post, “Companies Should Know Benefits and Risks of ESG Reporting,” provided an overview of the Environmental, Social and Governance (“ESG”) metrics, why these metrics are important to companies and shareholders,…more

Clean Air Act, Climate Change, Corporate Governance, Disclosure Requirements, Enforcement Priorities

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Bradford Bernstein

Foreclosures and Evictions during the Current COVID-19 Emergency

Many jurisdictions, including Maryland, the District of Columbia and Virginia, have faced court closures and other logistical issues surrounding the current COVID-19 emergency. This is in addition to proclamations and orders…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium

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Michael Brown

SCOTUS Coinbase Decision Gives Leverage to Parties Enforcing Arbitration Agreements

Last week, the U.S. Supreme Court held that litigation before the district court must be halted when a party appeals a denial of a motion to compel arbitration. In Coinbase v. Bielski, the courtresolved a split among lower…more

Arbitration, Automatic Stay, Coinbase, Coinbase Inc v Bielski, Cryptocurrency

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Linda Bruggeman

DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the…more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors, New Guidance

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Marc Butler

Upcoming USPTO Fee Increases

The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger changes…more

Filing Fees, Patent Applications, Patents, Trademark Application, Trademarks

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Robert Cattaneo

FTC Announces Increased HSR Thresholds for 2024

The Federal Trade Commission (FTC) announced Jan. 22 annual revisions to the applicable thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). These revisions will apply to all…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Anthony Cavanaugh

Force Majeure Clauses and Construction Contract Issues Related to COVID-19

A key tool in mitigating the risks due to unforeseen events is the force majeure clause contained in many commercial and other types of contracts. In various states, including Maryland, residential and commercial construction…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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John Celeste

Impact of the FOIA Amendments on your Company

For those of you who have received a Freedom of Information Act (“FOIA”) notice from the U.S. Consumer Product Safety Commission (“CPSC” or “Commission”) within the past year, you may – or worse, may not – have noticed new…more

Consumer Complaint Database, Consumer Product Safety Commission (CPSC), Electronically Stored Information, FOIA, Manufacturers

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Casey Cirner

Montgomery County Impact Taxes to Increase Significantly July 1

The Montgomery County Department of Finance published the required biennial update of its development impact taxes for transportation and public school improvements on May 1. These taxes must be paid prior to the issuance of…more

Building Permits, Impact Fees, Local Taxes, Public Projects, Public Schools

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Madalyn Cohee

Election Day is Just Around the Corner. Employers: Are You Complying with Applicable State Voting Leave Laws?

We are less than 100 days away from Election Day 2024, so it is critical for employers to ensure that they are following applicable voting leave laws in the states where they have employees…more

Employee Rights, Employer Liability Issues, General Elections, Presidential Elections, State Labor Laws

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Michele Cohen

The California Privacy Rights Act of 2020 Passed, Now What?

On November 3, 2020, California voters passed Ballot Proposition 24,The California Privacy Rights Act of 2020 (“CPRA”), significantly amending the State’s recently effective California Consumer Privacy Act (“CCPA”), which is now…more

Administrative Agencies, B2B Transactions, Ballot Measures, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA)

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Jennifer Coyne

A Medical Provider’s Last Appeal: How to Respond to an HRSA Final Repayment Notice of Provider Relief Funds

The federal Provider Relief Fund (“PRF”) continues to render financial assistance to medical providers that offer diagnoses, testing or treatment of individuals with possible or actual cases of COVID-19. To date, the U.S…more

Administrative Review, Department of Health and Human Services (HHS), Health Care Providers, HRSA, Repayment Options

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Alexander Creticos

Insurance Coverage for COVID-19 Losses: Take a Proactive Approach to Maximize Coverage

As the events surrounding the COVID-19 pandemic unfold, the insurance industry is bracing itself for the multitude of claims it will inevitably face. To maximize potential coverage, policyholders can and should act now to…more

Bodily Injury, Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Coronavirus/COVID-19

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Stephen Cullen

COVID-19: Divorce, Custody and Other Family Law Emergencies

In the sudden wake of COVID-19, courts across the United States and Europe are closing. Courts have taken steps to prevent the spread of the virus through closing to the public, postponing matters and extending deadlines. But…more

Child Abduction, Child Custody, Coronavirus/COVID-19, Divorce, Domestic Violence

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Leslie Cumber

Highlights from the Inaugural Hot Topics in Health Care Law

The Miles & Stockbridge Health Care Practice Group hosted its inaugural Hot Topics in Health Care Law seminar last month for clients from Maryland and beyond. Miles & Stockbridge health care lawyers kicked off the seminar with a…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), CMMI, Corporate Practice of Medicine, Data Breach

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James Dawson

Md. Comptroller Offers Relief for Missed 2023 PTE Elections

Maryland Comptroller Brooke Lierman issued a letter Feb. 28 to address the challenges and concerns of tax practitioners regarding the policy and procedural changes to pass-through entity (PTE) filings and payments. Most…more

Business Taxes, Comptroller, Filing Deadlines, Income Taxes, Pass-Through Entities

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Christopher Dean

[Event] Hot Topics in Health Care Law - January 25th, Baltimore, MD

Please join Miles & Stockbridge for our inaugural Hot Topics in Health Care Law program and cocktail reception. In this program, we will review the latest developments in health care and discuss opportunities and challenges for…more

Elder Care, Equity, Events, Government Investigations, Health Care Providers

See all updates »

Suzzanne Decker

DOL Increases Salary Thresholds for Exempt Employees

The Department of Labor (DOL) on Tuesday increased the salary thresholds for the Fair Labor Standards Act (FLSA) white collar exemptions from overtime pay requirements. On July 1, the minimum annual salary threshold for an…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Emily Devan

Buyer Beware: S-Corp Status Can Be Revoked Anytime; Even in Bankruptcy

One of the best-known features of bankruptcy law is the automatic stay, which prevents a variety of actions to collect debts and to take possession or control of anything considered “property of the estate.” However, one thing…more

Automatic Stay, Bankruptcy Code, Business Assets, Commercial Bankruptcy, Debtors

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Linda Donhauser

Delaware Law Amended to Allow Limited Liability Companies to Divide Assets and Liabilities

The state of Delaware recently enacted an amendment to the Delaware Limited Liability Company Act (the “Act”), effective August 1, 2018, which allows a limited liability company to divide into two or more limited liability…more

Amended Regulation, Business Assets, Delaware Limited Liability Company Act, Limited Liability Company (LLC), Partnership Liabilities

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James Doub

The Mandatory Federal Reporting Requirement on Foreign Ownership of U.S. Businesses Few Know About

Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign…more

BEA, CFIUS, Compliance, Corporate Governance, Enforcement Priorities

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Holly Drumheller Butler

Navigating the New Waters of EPA Enforcement: A Deep Dive into the Strategic Civil-Criminal Enforcement Policy

The Environmental Protection Agency (EPA) chooses criminal, civil or administrative enforcement based on its assessment of the severity of violations. A significant development in EPA’s enforcement strategy has been the…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Strategic Enforcement Plan

See all updates »

Tyler Duckett-Oliver

Louisiana Joins Growing Number of States Limiting Nondisclosure Agreements

Louisiana recently passed new legislation prohibiting employers from including nondisclosure provisions in agreements with employees that prospectively forbid employees from disclosing or discussing certain facts or claims…more

Contract Terms, Employer Liability Issues, Employment Contract, New Legislation, Non-Disclosure Agreement

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Susan DuMont

Product Liability Issues of Today’s Direct Sales Industry

Anyone with a social media account has likely recently seen a friend start a side-hustle selling products to their network through a direct sales company. The direct sales industry has experienced a renaissance since the Great…more

Internet Retailers, Manufacturers, Product Defects, Retailers, Risk Management

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C. Peter Dungan

Safer Federal Workforce Task Force Issues Guidance Regarding Forthcoming COVID-19 Safety Protocols, Requiring Covered Contractor Employees To Show Proof of Vaccination by December 8, 2021

On September 24, 2021, the Safer Federal Workforce Task Force issued COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (the “Guidance”). This highly anticipated Guidance outlines the Covid-19…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Contract Terms, Coronavirus/COVID-19, Employer Mandates

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Kirsten Eriksson

Texas Court Strikes Down FTC Noncompete Rule as Unlawful

The U.S. District Court for the Northern District of Texas issued its decision Tuesday that the business world had been awaiting with bated breath, striking down the Federal Trade Commission's (FTC) final rule making unlawful…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Molly Ferraioli

[Event] Hot Topics in Health Care Law - January 25th, Baltimore, MD

Please join Miles & Stockbridge for our inaugural Hot Topics in Health Care Law program and cocktail reception. In this program, we will review the latest developments in health care and discuss opportunities and challenges for…more

Elder Care, Equity, Events, Government Investigations, Health Care Providers

See all updates »

Brian Filler

FTC Announces Increased HSR Thresholds for 2024

The Federal Trade Commission (FTC) announced Jan. 22 annual revisions to the applicable thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). These revisions will apply to all…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Lauren Fleming

OMB Issues Final Guidance for Buy America Preference

Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s…more

Buy American Act, Federal Acquisition Regulations (FAR), Federal Contractors, Final Guidance, Infrastructure Investment and Jobs Act (IIJA)

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Brianna Gaddy

OSHA Releases Proposed Standard for Heat Injury and Illness Prevention

As record-high temperatures enveloped most of the U.S. earlier this month, the federal Occupational Safety and Health Administration (OSHA) released a proposed rule for comprehensive heat injury and illness prevention…more

Compliance, Employer Liability Issues, General Duty Clause, Health and Safety, Heat Exposure

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Kimberly Gilreath

Supreme Court Case Adversely Impacts Parties to Buy-Sell Arrangements

In a unanimous decision, the Supreme Court of the United States recently determined in Connelly v. U.S. that the value of a life insurance policy must be included in the fair market value of a closely held business for purposes…more

Buy-Sell Agreements, Closely Held Businesses, Connelly v United States, Estate Planning, Estate Tax

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Erin Girard

Montgomery County Impact Taxes to Increase Significantly July 1

The Montgomery County Department of Finance published the required biennial update of its development impact taxes for transportation and public school improvements on May 1. These taxes must be paid prior to the issuance of…more

Building Permits, Impact Fees, Local Taxes, Public Projects, Public Schools

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Tina Goel

H-1B Cap FY 2025 - What You Need to Know

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain H–1B…more

Department of Homeland Security (DHS), H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Non-Immigrant Visas

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Glenn Gordon

CPSC Publishes Semi-Annual Regulatory Agenda

As required by statute and Executive Order, the CPSC published its semi-annual regulatory agenda on June 11, 2018, which summarizes regulatory changes that the CPSC expects to develop or review over the course of the upcoming…more

Consumer Product Safety Commission (CPSC), Regulatory Agenda

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Elisabeth Koloup Hall

Fourth Circuit Holds ‘Series of Hateful Workplace Encounters’ Based on Race Can Create Hostile Working Environment Under Title VII

The U.S. Court of Appeals for the Fourth Circuit has expanded its view of what a hostile work environment looks like and lowered the bar in terms of what a plaintiff must show to sufficiently allege a race-based hostile work…more

Appeals, Dismissals, Employment Litigation, Federal Pleading Requirements, Harassment

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Cameron Hamrick

DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the…more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors, New Guidance

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Zachary Haugen

USCIS Increasing Fees for Immigration Applications on April 1

The Department of Homeland Security published a final rule Jan. 31 adjusting the filing fees for applications for immigration benefits submitted to U.S. Citizenship and Immigration Services (USCIS). For most application types —…more

Fees, Filing Fees, Form I-129, Green Cards, H-1B

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Emily Higgs

COVID-19 and Maryland Governor's Executive Order – Virtual Stockholder Meetings

On April 14, 2020, Maryland Governor Larry Hogan issued Executive Order 20-04-14-02 intended to provide publicly traded Maryland corporations and real estate investment trusts with greater flexibility in holding stockholder…more

Coronavirus/COVID-19, Corporate Governance, Executive Orders, Governor Hogan, Public Health Emergency

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Charles Hilberg, III

ALERT: New Laws Affecting Maryland Business Entities Take Effect October 1

On May 12, 2022, Governor Hogan signed several bills into law that will affect the formation, ownership and operation of business entities under Maryland law. Below is a summary of the new laws. Most noteworthy is the creation…more

Corporate Governance, Defective Corporate Acts, General Corporation Law, Governor Hogan, New Legislation

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Van Hilderbrand, Jr.

Navigating the New Waters of EPA Enforcement: A Deep Dive into the Strategic Civil-Criminal Enforcement Policy

The Environmental Protection Agency (EPA) chooses criminal, civil or administrative enforcement based on its assessment of the severity of violations. A significant development in EPA’s enforcement strategy has been the…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Strategic Enforcement Plan

See all updates »

Sasha Hodge-Wren

Combatting Disruptive Technologies: DOJ Takes on AI

U.S. Deputy Attorney General Lisa Monaco delivered keynote remarks March 7 at the American Bar Association’s 39th National Institute on White Collar Crime. In addition to unveiling a new whistleblower pilot program, she…more

Artificial Intelligence, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs, Whistleblower Protection Policies

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Victoria Hoffberger

OSHA Releases Proposed Standard for Heat Injury and Illness Prevention

As record-high temperatures enveloped most of the U.S. earlier this month, the federal Occupational Safety and Health Administration (OSHA) released a proposed rule for comprehensive heat injury and illness prevention…more

Compliance, Employer Liability Issues, General Duty Clause, Health and Safety, Heat Exposure

See all updates »

Phillip Hummel

Montgomery County Impact Taxes to Increase Significantly July 1

The Montgomery County Department of Finance published the required biennial update of its development impact taxes for transportation and public school improvements on May 1. These taxes must be paid prior to the issuance of…more

Building Permits, Impact Fees, Local Taxes, Public Projects, Public Schools

See all updates »

Marian Hwang

Understanding the Brighter Tomorrow Act: A New Era for Solar Energy Development in Maryland

Maryland has long been a solar-friendly state, and the Brighter Tomorrow Act, signed into law by Gov. Wes Moore last month, will expand access and adoption of solar energy. The legislation is both a supportive and…more

Battery, Clean Energy, Climate Change, Compliance, Economic Development

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Veronica Jackson

OSHA Releases Proposed Standard for Heat Injury and Illness Prevention

As record-high temperatures enveloped most of the U.S. earlier this month, the federal Occupational Safety and Health Administration (OSHA) released a proposed rule for comprehensive heat injury and illness prevention…more

Compliance, Employer Liability Issues, General Duty Clause, Health and Safety, Heat Exposure

See all updates »

Ajay Jagtiani

China’s 14th Five-Year Plan (2021-2025) and Its Impact on Your Intellectual Property Portfolio

In March of 2021, China’s most important annual political meetings took place as thousands of delegates to the National People’s Congress (NPC), the national legislature, and the Chinese People’s Political Consultative…more

Antitrust Provisions, China, Economic Development, GDP, Intellectual Property Protection

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Patricia Jefferson

Buyer Beware: S-Corp Status Can Be Revoked Anytime; Even in Bankruptcy

One of the best-known features of bankruptcy law is the automatic stay, which prevents a variety of actions to collect debts and to take possession or control of anything considered “property of the estate.” However, one thing…more

Automatic Stay, Bankruptcy Code, Business Assets, Commercial Bankruptcy, Debtors

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Cameron Johnson

Md. Attorney General Can Now Bring Civil Actions Against Commercial Property Owners for Alleged Civil Rights Violations

A new Maryland law allows the attorney general to seek equitable relief and fines of up to $25,000, as well as fees, against civil rights violators. The Maryland General Assembly passed during its recent session SB 540, creating…more

Age Discrimination, Anti-Discrimination Policies, Civil Rights Act, Commercial Leases, Commercial Property Owners

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Lisa Keenan

[Event] Hot Topics in Health Care Law - January 25th, Baltimore, MD

Please join Miles & Stockbridge for our inaugural Hot Topics in Health Care Law program and cocktail reception. In this program, we will review the latest developments in health care and discuss opportunities and challenges for…more

Elder Care, Equity, Events, Government Investigations, Health Care Providers

See all updates »

Amanda Neidert Kesler

Environmental Due Diligence Requires Reporting of Oil Contamination to the Maryland Department of the Environment

In a significant regulatory change that will impact real property transactions and loan financings, the Maryland Department of the Environment (MDE) joins a handful of states that requires the reporting of historical petroleum…more

Amended Regulation, Contaminated Properties, Department of Environmental Quality, Due Diligence, Environmental Assessments

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Eric King

Upcoming USPTO Fee Increases

The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger changes…more

Filing Fees, Patent Applications, Patents, Trademark Application, Trademarks

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Victoria Klein

Part I: American Rescue Plan Act - What Employers Need to Know

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA, or the “Act”), which created certain additional benefits for employees about which employers should be aware. Extension of FFRCA Credits…more

American Rescue Plan Act of 2021, Benefit Plan Sponsors, Biden Administration, COBRA, Coronavirus/COVID-19

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Anthony Kraus

Fourth Circuit Again Addresses Bathroom Access Rights of the Transgendered

Gender segregation in bathrooms, which some conservatives have predicted for decades would be undermined by sex discrimination laws, has in fact proven to be a persistent target for civil rights litigation in at least one narrow…more

Appeals, Gender Identity, Petition For Rehearing, Public Schools, School Restrooms

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William Krulak, Jr.

MSBA Ad Hoc Task Force Recommends Statewide Business Court

On January 31, 2017, an ad hoc task force (“Task Force”) of the Business Law Section of the Maryland State Bar Association issued a Final Report and Proposed Recommendations for the Business & Technology Case Management Program…more

Business Court Division, Federal Agency Taskforce, State Bar Associations

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Rebecca Leaf

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees from…more

Employment Contract, Employment Policies, Federal Labor Laws, Moonlighting, NLRA

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Stephanie Lipinski Galland

Potential Tax Implications of Virginia’s 2024-2026 Budget Bill

As the Virginia General Assembly’s session nears its conclusion, lawmakers continue to revise the two-year state budget that may create significant alterations to the state’s current taxing scheme, particularly in the areas of…more

Digital Media, General Assembly, Goods or Services, Proposed Legislation, Sales & Use Tax

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Meg Manchester

Employer Retention Credit Modified and Extended under New COVID-19 Relief Act

On December 27, 2020, the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (TCDTR Act) amended the employee retention credit (ERC) provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Among…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Families First Coronavirus Response Act (FFCRA), IRS

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Jeffrey Markowitz

Tax Effects of PPP Loan Forgiveness – IRS Notice 2020-32

On April 30, 2020, the Internal Revenue Service (IRS) issued Notice 2020-32 (the “Notice”) to address the deductibility of loan amounts received under the Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief, and…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Internal Revenue Code (IRC), IRS

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Taylor McAuliffe

Not Too Specific: Personal Jurisdiction After Ford Motor Co. v. Montana Eighth Judicial District Court

The Supreme Court’s latest foray into personal jurisdiction – Ford Motor Co. v. Montana Eighth Judicial District Court – seems to raise more questions than answers regarding the contours of specific jurisdiction. A curious…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court, Forum Non Conveniens

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John McCann, Jr.

U.S. Antitrust Agencies Issue Guidance for HR Professionals & Announce Intention to Criminally Prosecute Wage-Fixing and “No Poaching" Agreements

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively the “Agencies”) have issued new Antitrust Guidance for Human Resource Professionals. The new Guidance is designed to “alert human resource…more

Antitrust Violations, Civil Liability, Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing

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Karl Means

OMB Issues Final Guidance for Buy America Preference

Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s…more

Buy American Act, Federal Acquisition Regulations (FAR), Federal Contractors, Final Guidance, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

Brian Moffet

SCOTUS Coinbase Decision Gives Leverage to Parties Enforcing Arbitration Agreements

Last week, the U.S. Supreme Court held that litigation before the district court must be halted when a party appeals a denial of a motion to compel arbitration. In Coinbase v. Bielski, the courtresolved a split among lower…more

Arbitration, Automatic Stay, Coinbase, Coinbase Inc v Bielski, Cryptocurrency

See all updates »

Raymond Monroe

DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the…more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors, New Guidance

See all updates »

Timothy Mullin

CPSC Initiates Rulemaking to Ban Some Flame Retardants

In 2015, a group of consumer groups filed a petition with the U.S. Consumer Product Safety Commission (“CPSC”) seeking to ban under the Federal Hazardous Substances Act the use of non-polymeric organohalogen flame retardants…more

Children's Products, Consumer Product Safety Commission (CPSC), Flame Retardant, Hazardous Substances, Rulemaking Process

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Olubusola Olanrewaju

California Expands Its Ban on Noncompetes with New Amendment

In July, we wrote about a bill passed by the New York State Assembly which, if signed by the governor, will prohibit nearly all noncompete agreements for workers in New York. We also wrote about a Minnesota law that went into…more

Amended Legislation, Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements

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Peter Parvis

The Maryland Primary Care Program – An Important Financial Opportunity for Maryland Physicians

The Maryland Primary Care Program (“MDPCP”) is an unprecedented opportunity for certain health care providers and supporting entities to receive compensation for their efforts to coordinate care and reduce potentially avoidable…more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare

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Paolo Pasicolan

Weighing Employers’ Strategies for Employee Benefits in a Post Roe World

As is now well known both in and outside of the legal community, the Supreme Court of the United States recently decided Dobbs v. Jackson Women’s Health Organization, where the Court analyzed a Mississippi law that restricted…more

Abortion, Aiding and Abetting, Criminal Liability, Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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James Peabody-Harrington

ICYMI: Business Groups Sue to Block DOL Rule Increasing Salary Thresholds for Exempt Employees

More than a dozen business groups last month filed a much-anticipated lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that will significantly raise the minimum salary thresholds for exempt employees…more

Administrative Procedure Act, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Kathleen Pontone

OSHA Releases Proposed Standard for Heat Injury and Illness Prevention

As record-high temperatures enveloped most of the U.S. earlier this month, the federal Occupational Safety and Health Administration (OSHA) released a proposed rule for comprehensive heat injury and illness prevention…more

Compliance, Employer Liability Issues, General Duty Clause, Health and Safety, Heat Exposure

See all updates »

Kelly Powers

COVID-19: Divorce, Custody and Other Family Law Emergencies

In the sudden wake of COVID-19, courts across the United States and Europe are closing. Courts have taken steps to prevent the spread of the virus through closing to the public, postponing matters and extending deadlines. But…more

Child Abduction, Child Custody, Coronavirus/COVID-19, Divorce, Domestic Violence

See all updates »

Stephen Ramaley

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

Any acquisition involving a small business government contractor comes with a host of questions concerning what effect, if any, the transaction may have on the small business’s size and status post-closing…more

Acquisitions, Contract Terms, Court of Federal Claims, Federal Contractors, Federal Supply Schedule (FSS)

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Russell Randle

The Mandatory Federal Reporting Requirement on Foreign Ownership of U.S. Businesses Few Know About

Many U.S. enterprises and U.S. real estate holdings have some degree of foreign ownership. Federal law requires the filing of detailed reports on foreign ownership every five years by U.S. enterprises “in which a foreign…more

BEA, CFIUS, Compliance, Corporate Governance, Enforcement Priorities

See all updates »

Merrell Renaud

Government Contractors Must Complete AAP Certification by June 30, 2022

The newly imposed deadline is fast approaching for Government Contractors required to develop annual Affirmative Action Plans (AAPs) to certify that they have in fact created such plans. Supply and service federal contractors…more

Affirmative Action, Certification Requirements, Compliance, Corporate Counsel, Federal Contractors

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John (Jack) Robb, III

Update: SCOTUS Allows Atlantic Coast Pipeline to Cross Appalachian Trail

The Atlantic Coast Pipeline is a planned $8 billion, 600-mile natural gas pipeline from West Virginia to North Carolina. Petitioner Atlantic Coast Pipeline, LLC seeks to build the pipeline, which would traverse 21 miles of…more

Administrative Authority, Atlantic Coast Pipeline LLC v Cowpasture River Preservation Association, Department of the Interior, Forest Service, National Park Service

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E. Hutchinson Robbins, Jr.

Why an Opinion from the Eleventh Circuit is Keeping Creditors Up at Night

A recent federal appeals decision is sending shockwaves throughout the financial services sector. In Hunstein v. Preferred Collection & Mgmt. Services, Inc., the Court of Appeals for the Eleventh Circuit held that, under the…more

Appeals, Creditors, Data-Sharing, Debt Collection, Debt Collectors

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Anne-Herbert Rollins

[Event] 2023 Regional Economic Breakfast Briefing - November 21st, Frederick, MD

Please join Miles & Stockbridge on November 21 for our annual Regional Economic Breakfast Briefing, offering a broad view of factors shaping the region, including opportunities along the I-270 corridor. Returning this year as…more

Banking Sector, Business Development, Economic Development, Economic Downturn, Events

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David Schaffer

Beware: Trademark Email Scams for “Separate Registration of ‘Clients’” Are Not from the United States Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) just issued a warning to be on the alert for “fraudulent emails that appear to originate from the United States Patent and Trademark Office (USPTO) domain,…more

Email, Intellectual Property Protection, Trademarks, USPTO

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James Schwarz

COVID-19 and Corporate Shareholder and Director Meetings in Virginia

Annual Shareholder Meetings - As Virginia corporations navigate this year’s annual shareholder meeting season, many have come face-to-face with the COVID-19 pandemic. The social distancing requirements related to the…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, Publicly-Traded Companies, Relief Measures

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Gene Schleppenbach

COVID-19 and Corporate Shareholder and Director Meetings in Virginia

Annual Shareholder Meetings - As Virginia corporations navigate this year’s annual shareholder meeting season, many have come face-to-face with the COVID-19 pandemic. The social distancing requirements related to the…more

Annual Meeting, Coronavirus/COVID-19, Corporate Governance, Publicly-Traded Companies, Relief Measures

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Jeremy Scholtes

Draft CMMC Assessment Process is Released, Providing Insights but Attracting Industry Criticism

The challenge posed to Department of Defense (DOD) contractors of complying with ever-shifting cybersecurity regulations and guidance continues unabated. On July 26, 2022, the Cyber Accreditation Body (Cyber AB) published a…more

Certification Requirements, Cloud Service Providers (CSPs), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Defense Sector

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Zachary Schultz

SDAT Filing Process During COVID-19 Outbreak

With the numerous changes to working procedures as a result of COVID-19, the impact on the Maryland State Department of Assessments and Taxation (SDAT) is no different. For filings that are unable to be completed online, SDAT is…more

Coronavirus/COVID-19, Electronic Filing, Emergency Response, Filing Requirements, Government Shutdown

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Sonia Shaikh

Recent Developments on the Virginia Business Professional and Occupational License (BPOL) Tax

The Virginia Business Professional and Occupational License (BPOL) is a local level tax levied on businesses’ gross receipts. Rates typically range from $0.03 to $0.58 per $100 of gross receipts, depending on the locality and…more

Business Licenses, Gross Receipts, Licenses, Licensing Rules, Nexus

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Reginald Smallwood, III

What Businesses Need to Know About Md.’s New Online Data Privacy Act

Maryland will soon have some of the strictest data protection and privacy requirements in the nation after the Maryland Online Data Privacy Act of 2024 (MODPA) was signed into law by Gov. Wes Moore last week…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Controller, Data Privacy, Enforcement Authority

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Jonathan Stoian

Rule Proposed by Consumer Financial Protection Bureau Regarding Arbitration Clauses

The Consumer Financial Protection Bureau (the “CFPB”), a consumer watchdog agency, unveiled a proposed rule that would restrict the use of arbitration clauses in contracts with respect to consumer financial products and services…more

Class Action, Comment Period, Consumer Financial Contracts, Consumer Financial Protection Bureau (CFPB), Mandatory Arbitration Clauses

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Dwight Stone, II

Reopening Business: Mitigating Potential Liabilities

As shutdown orders expire and businesses reopen, questions arise on the possible liabilities created and the ability to mitigate them. Standards are emerging; some will be second-guessed. Previous modes of operation may continue…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health Care Providers, Liability, OSHA

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Celia Van Lenten

[Event] Hot Topics in Health Care Law - January 25th, Baltimore, MD

Please join Miles & Stockbridge for our inaugural Hot Topics in Health Care Law program and cocktail reception. In this program, we will review the latest developments in health care and discuss opportunities and challenges for…more

Elder Care, Equity, Events, Government Investigations, Health Care Providers

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Matthew Wagman

Can Tort Victims Recover the Total Amount of Medical Expenses Billed?

Good news for defendants. The Court of Special Appeals recently decided that the Medicare Secondary Payer Act does not preempt the Maryland statute that allows post-trial motions to reduce judgments for past medical expenses…more

Appeals, Health Care Providers, Medical Expenses, Medicare, Medicare Secondary Payer Act

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Andrew Wahba

Upcoming USPTO Fee Increases

The United States Patent and Trademark Office (USPTO) is increasing many of the patent and trademark fees effective October 2, 2020. On average, the fees are increasing by 5 – 10 percent. Below is a summary of the larger changes…more

Filing Fees, Patent Applications, Patents, Trademark Application, Trademarks

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Scott Wallace

Montgomery County Impact Taxes to Increase Significantly July 1

The Montgomery County Department of Finance published the required biennial update of its development impact taxes for transportation and public school improvements on May 1. These taxes must be paid prior to the issuance of…more

Building Permits, Impact Fees, Local Taxes, Public Projects, Public Schools

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J.W. Thompson Webb

COVID-19 and Maryland Governor's Executive Order – Virtual Stockholder Meetings

On April 14, 2020, Maryland Governor Larry Hogan issued Executive Order 20-04-14-02 intended to provide publicly traded Maryland corporations and real estate investment trusts with greater flexibility in holding stockholder…more

Coronavirus/COVID-19, Corporate Governance, Executive Orders, Governor Hogan, Public Health Emergency

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Rand Weinberg

Montgomery and Frederick County and Local Governments’ Status Update

To assist our clients with properties in Montgomery and Frederick Counties, and the Cities of Gaithersburg, Rockville and Frederick, with understanding how the Covid-19 related closures may affect their pending and anticipated…more

Coronavirus/COVID-19, Land-Use Permits, Regulatory Requirements

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Nicole Whitecar

Maryland Teachers Not Negligent for Student Misbehavior

The Maryland Court of Special Appeals held on September 7, 2021 that Maryland public school teachers cannot be held liable in negligence for the injuries of students under their supervision at the hands of other misbehaving…more

Appeals, Bodily Injury, Immunity, Negligence, Public Schools

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Scott Wilson

ALERT: New Laws Affecting Maryland Business Entities Take Effect October 1

On May 12, 2022, Governor Hogan signed several bills into law that will affect the formation, ownership and operation of business entities under Maryland law. Below is a summary of the new laws. Most noteworthy is the creation…more

Corporate Governance, Defective Corporate Acts, General Corporation Law, Governor Hogan, New Legislation

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Alfred Wurglitz

DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the…more

CARES Act, Coronavirus/COVID-19, Department of Defense (DOD), Federal Contractors, New Guidance

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Thomas Zeno

Avoid Turning One Data Breach into Two

When can a data breach get worse? When the process of notifying victims creates a second breach. Take the example of a cancer treatment center that recently paid $425,000 to settle allegations that included a faulty notification…more

Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Covered Entities, Cyber Incident Reporting, Data Breach

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Sufen Zhang

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random…more

Administrative Procedure Act, Department of Homeland Security (DHS), Final Rules, H-1B, Highly-Skilled Workers Visa

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