I love the “Lawyers Behaving Badly” podcast. The show’s premise is the hosts’ love of professional messes. They excel at finding true stories about dumb lawyers. Each episode has me shaking my head, thinking to myself, “How…
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/ Law Practice Products & Services
The number of lawyers sanctioned for citing fake cases or quotes created by Generative Artificial Intelligence tools continues to grow. Earlier this summer, U.S. District Judge Thomas Cullen ordered counsel to show cause as to…
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/ Civil Procedure, Law Practice Products & Services, Science, Computers, & Technology
Maryland’s Supreme Court declined to overturn the strict privity rule in legal malpractice cases. The rule, which generally bars third parties from suing lawyers, was a key issue in the recent Bennett v. Gentile decision. …
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/ Civil Procedure, Professional Malpractice, Wills, Trusts, & Estate Planning
Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement Act…
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/ Administrative Law, Agriculture, Criminal Law
So, you’re in a partnership or some form of corporate ownership that acts like one. Something is rotten in the State of Denmark: you think one of your fellow partners is doing something borderline unethical or maybe even illegal…
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/ Business Organizations
A pal and I walked across the parking lot at the Maryland State Bar Association conference last month looking for a lunch joint; the topic of our conversation was whether and why copyright and trademark registrations are…
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/ Intellectual Property
In the course of business operations, criminal incidents—particularly those concerning workplace violence—unfortunately arise. These incidents may involve, for example, a patron who attacks or threatens an employee, an employee…
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/ Commercial Law & Contracts, Criminal Law, Labor & Employment Law
On May 7, 2024, the Federal Trade Commission (“FTC”) published its Noncompete Clause Rule (the “Final Rule”) in the Federal Register. It is set to go into effect on September 4, 2024. On that date, with little exception,…
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/ Labor & Employment Law
State laws governing noncompete clauses in employment agreements have been in place for years. But the Federal Trade Commission’s (FTC) new rule that effectively bans those clauses will certainly have an impact on existing…
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/ Labor & Employment Law
The mechanic’s lien is a well-known legal device to ensure those making repairs on an owner’s property have a legal claim to the property if the owner doesn’t make the required payments for those repairs. However, Maryland…
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/ Civil Remedies, Commercial Law & Contracts
The phone rings. The voice on the other end asks you to take the case. The fee is great. You feel for the potential client. The subject is interesting but outside your expertise. What do you do?
Originally published in The…
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/ Law Practice Products & Services
When fashioning a sanction in attorney discipline cases, the Supreme Court will consider both aggravating factors and mitigating factors. Bar Counsel must prove any aggravating factors by clear and convincing evidence, and the…
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/ Civil Procedure, Professional Malpractice
The COVID-19 pandemic touched nearly every aspect of modern life. Our families, schools, workplaces, religious institutions, and healthcare providers were all affected by the worst global healthcare crisis in 100 years. Even…
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/ Civil Procedure
In 1992, a jury awarded the singer Tom Waits the equivalent of $6 million in today’s dollars because Frito-Lay used a voice-alike in its Doritos ad and misappropriated his right to publicity. Bette Midler, Shirley Booth, and…
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/ Communications & Media Law, Intellectual Property, Science, Computers, & Technology
What attracts many lawyers to appellate practice—besides an unusual appetite for legal writing and a general distaste for contentious discovery—is the confidence that fire drills and surprises rarely occur. Appellate briefing…
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/ Civil Procedure