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In Transactions, Address Ownership of Data and Software

Transactions increasingly involve parties sharing and jointly developing data and software.

FERC Order Impacts Renewables

The Federal Energy Regulatory Commission (FERC) issued an order on December 19, 2019, directing PJM Interconnection, LLC (PJM) to expand its current Minimum Offer Price Rule (MOPR) in a manner that

Throwing the Yellow Flag on Sports Team’s Branding Use

Your football team is seeded #1 in the playoff (Go Ravens!).

Did You Know? - Winter 2019

Lab Test Advertising: Did you know that, as of October 1, 2019, Maryland now regulates direct or indirect advertising of diagnostic laboratory tests and ancestry testing using DNA?

New Overtime Rules Become Effective January 1, 2020

The Department of Labor’s (DOL) final rules implementing new salary thresholds for overtime exemption become effective January 1, 2020.

Assigning Medicaid or Medicare Provider Agreements in Bankruptcy

 A version of this article entitled “Medicaid, Medicare provider agreements in bankruptcy” was published online by The Daily Record on July 30, 2020.

Rural Hospital Monopolies

Antitrust laws can be used to prevent mergers that create a monopolistic entity that controls a service in an area and can thereby raise prices or initiate other anti-competitive actions.

New HSCRC Initiatives

The State of Maryland and the Centers for Medicare and Medicaid Services (CMS) continue to push Maryland hospitals to be on the front lines of health care savings programs with a new Medicare Perfo

Maryland Board of Physicians’ Absolute Immunity

In a reported decision, Maryland’s intermediate appellate court recently overturned a $2.5 million judgment against the Maryland Board of Physicians and staff who were found to have disclosed perso

Copyright: The Idea Can Be Copied, Not the Expression

A core precept of copyright law is that ideas are not protectable.What is protected is the creative and particular way that idea is expressed.

Transferring Your Trademark Out of Your Estate Must Include Goodwill

Consider how your trademark will pass upon your death. It is not as simple as it seems.

Third Circuit: A Tax Sale May Be Avoided as a Preference

In a decision that will likely rekindle the discussion of whether a transfer of property resulting from a properly conducted tax sale or foreclosure sale may be avoided in bankruptcy, the U.S.

Circuit Court says Goodwill Is Subject to Recordation and Transfer Taxes

The Circuit Court for Baltimore County recently held that the portion of a sale of three senior living facilities relating to the goodwill of the business was subject to recordation and transfer ta

Bubba Gump Shrimp Wins its Case against Harborplace But Cannot Keep the Damages Awarded

We learned the following from the decision of the Maryland Court of Special Appeals about Bubba Gump Shrimp Co. Restaurants, Inc.’s litigation against its landlord at Harborplace:

Relating to Real Estate - November 2019

IN THIS ISSUE:BUBBA GUMP SHRIMP WINS ITS CASE AGAINST HARBORPLACE BUT CANNOT KEEP THE DAMAGES AWARDED

Solar Focus 2019 - Overcoming Challenges to Maryland's Community Solar Program

Caroline Sweet was a panelist at the 12th Annual Solar Focus Conference on November 21, 2019. The conference was held in Baltimore, MD, and hosted by MDV-SEIA.

Can Branding Avoid Design Patent Infringement?

Design patents cover ornamental designs for “article[s] of manufacture,” protecting a design “as shown and described” in the submitted drawing. 37 CFR §1.153(a).

Failure to Object to Bankruptcy Sale Causes Agency to Lose Valuable Easement

Under the bankruptcy code, a debtor in possession in Chapter 11 or a trustee in Chapter 7 or 11 is given powers and rights that do not exist outside of bankruptcy.

College’s Property Reverts to Prior Owner When Not Used as Required

In December 2008, the predecessor to the Spruill Trust conveyed farm property in Anne Arundel County to Baltimore’s Sojourner-Douglass College.