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Did You Know? - Summer 2016

Lead Testing: Did you know that Maryland has announced a new Lead Testing Targeting Plan for Childhood Lead (2015 Targeting Plan), and on March 3, 2016, the Secretary of Health and Mental Hygiene (

Hospital Waivers of Medicare Co-Pays

The Office of Inspector General of the Department of Health and Human Services (OIG) has recently issued an Advisory Opinion approving yet another request regarding the use of a preferred hospital

Federal Defend Trade Secrets Act of 2016: Action Item, Added Ammunition and Comparison to Maryland’s Statute

A version of this article was published in the Maryland Bar Association Intellectual Property Section Bulletin in June 2016.

Maryland Expands its Equal Pay Law

Employers should be aware of the recently enacted Equal Pay for Equal Work Act ("Act").

2016 Maryland Real Property Legislation

2016 MARYLAND REAL PROPERTY LEGISLATION

Maryland Laws Update 2016

We are pleased to provide our clients and friends this review of 2016 Maryland laws affecting financial services providers. Table of Contents

EmPOWER Maryland: Seeking Opportunity in Maryland's Aggressive Energy Efficiency Standard

The EmPOWER Maryland Energy Efficiency Act of 2008 ("EmPOWER") requires Maryland's electric utilities to achieve energy savings through a managed portfolio of energy efficiency programs administere

Foreign LLCs May File Proceedings Even If Not Qualified to Do Business in Maryland, but Moe's Did Not Have Standing to Attack Chipotle's Zoning

The Court of Appeals decided that a foreign limited liability company may file an action in a Maryland court even if it was not then qualified to do business in this State, and it may pursue the ca

Court of Appeals Upholds Municipal Stormwater Permitting Process

In a unanimous decision issued March 11, 2016, the Court of Appeals upheld the Maryland Department of the Environment’s (MDE) flexible approach to permitting stormwater discharges from municipal st

The Town of New Market’s Comprehensive Plan Complies with State Law

Upon a challenge by groups and individuals, in Friends of Frederick County v. Town of New Market, 224 Md. App.

To Determine the Value of Property on the Date of Finality, It is Acceptable to Consider Comparable Sales Thereafter

In Lane v. Supervisor of Assessments of Montgomery County, -- A.3d --, No. 41 Sept. Term 2015, 2016 WL 1742793 (Md.

EEOC Issues Final Regulations on Wellness Program

The Equal Employment Opportunity Commission (EEOC) issued final regulations on May 16, 2016, that describe how employers offering workplace wellness programs can comply with the Americans with Disa

DOL Issues Final Overtime Rules

As discussed in our July 2, 2015 Update, the U.S.

U.S. Tax Court Again Focuses on Reasonable Compensation

For the second time in 2016, the United States Tax Court (the “Court”) has issued a decision involving the application of the independent investor test in considering the issue of reasonable compen

OSHA Rule Imposes New Injury Reporting Procedures and Seeks to Restrict Common Drug Testing and Safety Programs

On May 12, 2016, the United States Occupational Safety and Health Administration ("OSHA") released a final rule that imposes new employer injury and illness reporting requirements and mandates that

I Didn't Volunteer for This: Key Issues in Involuntary Bankruptcy Cases

Susan Klein presented at the Maryland Bankruptcy Bar Association Spring Weekend.

Treasury Department Clarifies That Partners of a Partnership Owning a Disregarded Entity Are Not Employees of The Disregarded Entity

On May 3, 2016, the Treasury Department issued temporary and proposed regulations (the “New Regulations”) to clarify that a partner of a partnership that owns an entity that is disregarded for fede

All Is Good With Bad Boy Guaranties

THE IRS REVERSES ITS PRIOR TROUBLESOME RULING REGARDING ALLOCATION OF NONRECOURSE DEBT

Lease Termination May Be Avoided in Bankruptcy

When a commercial tenant is failing, the tenant and its landlord may enter into a lease termination agreement relieving the tenant from all or some of its obligations, and permitting the landlord t