Under Maryland law, pit bulls are "inherently dangerous" and those allowing them on the premises face increased liability for injuries.

Although the Elder Justice Act took effect in 2010 and the newness has worn off a bit, health care facilities should periodically look at the Act and its requirements. Compliance with the Act’s requirements is not a one-time event.

If Governor Martin O’Malley signs it, a bill passed by the Maryland Legislature will make Maryland the first state to prohibit employers from asking or requiring their prospective or current employees to give access to their personal online accounts.

The National Labor Relations Board ("NLRB") is spending more time considering social media issues under the National Labor Relations Act (the "Act"). The NLRB’s Acting General Counsel just released a second report on recent social media cases. Employers (union and non-union alike) are covered by the Act and should pay attention to the NLRB’s actions in this evolving area of law.

As we mentioned in a previous post, the National Labor Relations Board ("NLRB") created new posting requirements for employers and then delayed implementation of the posting requirement until January 31, 2012. If you already posted the required notice, you not only have complied with the requirement, but you are ahead of the game. If you did not post the notice, however, you just got a reprieve. NLRB has again delayed the posting requirement until April 30, 2012. But, if you continue to delay posting and assume there will be another extension, this time may be different. President Obama’s recent appointment of two new members of the NLRB may now keep the posting requirement on schedule.

Effective January 31, 2012, all employers who are covered by the National Labor Relations Act ("NLRA") – whether union or non-union – will be required to comply with new National Labor Relations Board ("NLRB") notice posting requirements. Most employers will be covered by this requirement, as the NLRA applies to almost all private-sector employers engaged in interstate commerce.

Once every four years, the Baltimore County Council allows county residents and businesses to file a petition for zoning reclassification on their property in the county. The open filing period has commenced, and this is your best opportunity to have your property reclassified. Anyone can file a petition for zoning reclassification during the open filing period which expires October 14, 2011. If you fail to file your petition during the open filing period, no reclassification can be made without the planning staff, director, or a member of the Baltimore County Council initiating the procedure, although you can apply for variances or exceptions outside of the reclassification period. New Baltimore County Comprehensive Zoning Maps will be finalized in November 2012.

Many businesses are not aware of the new class of .XXX Internet domain extensions; is yours? Beginning September 7, 2011, the first phase of registration begins for .XXX Internet domain names, including the opportunity for trademark owners to block registration of their mark with an .XXX extension. Don’t want to see your trademark used with an .XXX extension by a company in the adult entertainment industry? See our recent client alert by Kristin Herber for more information on the registration process and what you can do about it.

On June 8, 2011, the IRS published a list of 275,000 organizations whose tax-exempt status was revoked for failing to file a required Federal annual return. Of those organizations, more than 6,000 are Maryland tax exempts that have now lost their tax-exempt status based on their failure to meet the filing requirements.

Governor O’Malley has signed into law the Maryland Job Applicant Fairness Act (the "Act") , which takes effect on October 1, 2011. This highly debated legislation will greatly restrict an employer’s ability to use a credit report in making employment decisions.

Legislation establishing a new form for "do good" businesses – the Benefit Limited Liability Company – has passed the Maryland General Assembly and is en route to the governor to be signed into law.  In December we covered the Maryland Benefit Corporation Act, the first law of its kind in the United States.

On March 3, 2011, Kathie Gant testified during a legislative hearing of the Maryland General Assembly in support of a proposed workplace abuse statute.  While fighting back tears, she described a shocking story that oddly enough did not involve discrimination or any other recognized form of illegal workplace conduct.  Gant explained in detail how her employer, a Maryland attorney, systematically terrorized Gant for more than a year at the office.  Examples of the abuse included: locking Gant in a dark closet; throwing office supplies at Gant’s head; verbally denigrating Gant on a regular basis in front of clients and peers; and physically intimidating Gant.  She further explained that her complaints to human resources were ignored and that the persistent abuse ultimately forced her into psychiatric counseling.

As mentioned in our previous post, the Maryland Court of Appeals asked the Judiciary’s Rules Committee whether the Court has the power to change the negligence standard by rule.  The Court now may now have its answer.

The Maryland Court of Appeals recently held that lenders can’t skirt foreclosure requirements by making borrowers sign a deed in lieu of foreclosure at the closing, before the borrower has even defaulted.  In that case the lender required the borrower to execute both a deed of trust and a deed in lieu of foreclosure as security for the loan at closing.  The deed in lieu of foreclosure stated that if the borrower defaulted, the lender could immediately take title without a foreclosure proceeding.  After the borrower defaulted, the lender recorded the deed in lieu of foreclosure to take title to the property without a foreclosure proceeding. The Court of Appeals called it a “‘heads I win, tails you lose’” arrangement, requiring the borrower to give up its right to a foreclosure proceeding at the outset, before the borrower had even defaulted.  The Court held that the deed in lieu of foreclosure did not convey the title to the lenders – rather, the Court treated it as a mere mortgage, which requires the lender...

 Not long after the Court of Appeals asked whether it could do away with the contributory negligence defense by making a rule change, Del. Benjamin F. Kramer introduced House Bill 1129, entitled "Maryland Contributory Negligence Act," which would make the contributory negligence defense part of Maryland’s statutes.