Articles

Our lawyers are thinkers as well as doers—and have published numerous informative and insightful articles on topics related to their respective practices and our clients’ industries. Read what our people have to say about what’s important to you.

Articles

Recent Articles

Maryland Condominium and Homeowner Associations Face New Rules for Amendment of Governing Documents

A new law passed by the Maryland General Assembly (House Bill 789, Chapter 480) and signed by Governor Hogan, changes the definition of Maryland homeowners in community associations who were entitled to vote on amendment of documents.

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Judge awards $0 after Plaintiffs’ counsel seeks $1.1 million in attorneys’ fees after winning bad faith case
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In a scathing, 100-page opinion from the The U.S. District Court for the Middle District of Pennsylvania, the Court reiterated that the decision whether to assess attorneys’ fees, costs, and interest under the Pennsylvania bad faith statute is completely within the discretion of the trial court. The court noted that although it may assess attorneys' fees upon a finding of bad faith, it is not required to do so and the party seeking attorneys’ fees bears the burden of demonstrating the reasonableness of the fees, thus denying any fee award after plaintiffs' counsel petitions for $1.1 million in attorneys' fees. 

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Filing a National Flood Insurance Claim in State Court is No Better Than Filing it in the Kitchen Drawer

In Woodson v. Allstate Ins. Co., the United States Court of Appeals for the Fourth Circuit recently opined that a Claimant’s action was time-barred when he filed a breach of contract and bad faith action in state court within one day of the applicable statute of limitations, notwithstanding a federal statute that required all claims made under their policy to be filed in a federal district court.  The Court concluded that the federal authority governing the National Flood Insurance Program (“NFIP”) preempts state law, but it left open the question as to whether the NIFP preempts all state authorities within its scope or merely conflicting state authorities. In the wake of Woodson, insurers and underwriters would be prudent to carefully assess the interplay between federal and state statutes and regulations as the governing authority of their policies.

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Texas Federal Judge Enjoins U.S. Department of Labor from Implementing and Enforcing its Final Rule Regarding Overtime Eligibility
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U.S. District Judge Mazzant from the Eastern District of Texas issued a nationwide preliminary injunction that precludes the Department of Labor (DOL) from implementing or enforcing its Final Rule increasing the minimum salary level applicable to exempt executive, administrative and professional employees (EAP) in State of Nevada v. U.S. Department of Labor.

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Past Articles

Regulation Best Interest: Higher Standards for Broker-Dealers, Strengthened Protections for Investor

On June 5, 2019, the U.S. Securities and Exchange Commission (“SEC”) approved a new regulation…

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When “Going Green” Isn’t Attractive – MD Court of Special Appeals Determines HOA Architectural Commi

The Maryland Court of Special Appeals provides helpful guidelines to homeowners and HOAs in addressing…

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Regulation Best Interest: Higher Standards for Broker-Dealers, Strengthened Protections for Clients

In June, the Securities and Exchange Commission (“SEC”) adopted a new regulation, Regulation…

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The Requirements and Impact of the Insurance Data Security Model Law

The National Association of Insurance Commissioners recommended that states pass the Insurance Data…

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SEC Imposes New Requirements for Brokers and Advisers in Adoption of Regulation Best Interest

On June 5, 2019, the Securities and Exchange Commission (SEC) approved the Regulation Best Interest,…

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