How to Defend Your Company Against a Breach of Contract Claim in Maryland
- November 20, 2017
- William Heyman
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There are always two sides to every story. Often times, the party who breaches a contract gets a lot of flak and is ultimately painted as the bad guy who did not fulfill a promise. There are a number of…
Jennifer S. Lubinski Wins Trial Verdict in Maryland Hazardous Materials Case
- October 17, 2017
- William Heyman
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Attorney Jennifer S. Lubinski recently won a verdict of $124,000 at trial on behalf of a client. The property value of the client’s home was significantly impaired by hazardous materials installed at the property by plumbing contractors.
Lubinski Successfully Prosecutes Before MD Board of Contract Appeals
- September 28, 2017
- William Heyman
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Jennifer S. Lubinski recently successfully prosecuted an appeal before the Maryland Board of Contract Appeals. The litigation concerned the constitutional and contractual authority of the state to unilaterally claim that a debt is owed by a contractor and to collect…
The Elements of a Breach of Fiduciary Duty Claim in Maryland
- September 11, 2017
- William Heyman
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While under Maryland law there generally is not an independent claim for breach of a fiduciary duty, a breach of such duties can certainly be used by an individual in conjunction with other claims to obtain a recovery. Maryland courts…
Recent Maryland Court of Special Appeals Opinion is Having an Unintended Effect on Certain Ratified Foreclosure Sales
- August 31, 2017
- William Heyman
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Recently, some Maryland trustees and secured parties have refused to close on ratified foreclosure sales out of concern that the Maryland Court of Special Appeals’ decisions in the consolidated cases Shanahan v. Marvastian and Blackstone v. Sharma, 233 Md. App….
The Statute of Limitations on Breach of Fiduciary Duty in Maryland
- August 24, 2017
- William Heyman
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It is commonly said that the Maryland courts do not recognize an independent cause of action for breach of fiduciary duty. Although that stated rule is subject to interpretation beyond the scope of this article (with some opinions indicating that…
Four Impacts of the DOL Fiduciary Rule
- August 22, 2017
- William Heyman
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On June 9, 2017, the Department of Labor implemented its Fiduciary Rule. The Rule expands the “investment advice fiduciary” definition under the Employee Retirement Income Security Act of 1974 (ERISA). The DOL’s definition of a fiduciary requires advisors to act…
FINRA Bars Registered Representative for Nearly $200 Million in Unreported, Prohibited Venezuelan Bond Transactions
- July 21, 2017
- William Heyman
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The Financial Industry Regulatory Authority (FINRA) is responsible for overseeing, regulating, and enforcing securities and other financial transaction rules. FINRA will take enforcement actions against brokers, retirement advisors, financial advisors, and additional covered industry personnel when claims of misrepresentations or…
Can a LinkedIn Social Media Invitation to Former Colleagues Violate a Non-Solicitation Agreement?
- July 12, 2017
- William Heyman
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Considerations made during the termination of an employee-employer relationship often include protecting the company against potential threats to its continued operations. These concerns may include prohibiting the former employee from contacting clients for a defined amount of time. Concerns can…
FINRA Board Signals Approval of Additional Controls on “High-Risk” Brokers
- June 27, 2017
- William Heyman
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FINRA plays a vital role in regulating the activities of fiduciaries and other financial professionals such as brokers, financial advisors, and retirement planners. The regulatory and enforcement body is authorized to promulgate and enforce regulations intended to protect investors and…