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On June 8, 2011, the IRS published a list of 275,000 organizations whose tax-exempt status was revoked for failing to file a required Federal annual return.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.

Your small business wants to refinance a mortgage that is about to mature, but can’t refinance in the private market because the economic meltdown has left your business with real estate worth near the amount of your existing loan, or less.  If this sounds like you, the SBA’s new program may help your business stay afloat.

Imagine one of your employees, driving a company vehicle, rolls through a stop sign and smashes into another driver.  The other driver was speeding and was dialing a number on her cell phone.  So who is at fault?  And most importantly, who has to pay?

We thought it would be beneficial (and fun) to summarize how businesses were affected by laws, court decisions, and the like - in 2010.  For the next five days, we will give you our top 10 list and why it may be important to you and your business. 

Friday, February 4:
Well, we come to the end of our Top 10 for 2010.  In today's posts, Bryan Saxton explains why a limited liability company may be seeing less protection than was once afforded to not only this type of entity, but to its officers and managers.  For our construction clients (especially the general contractors), Bobby Mowell has some good news regarding your liability when using subcontractors.

We hope that you not only have enjoyed our Top 10 of 2010, but that you found them informative.  These stories and tips can help you make nformed decisions at the corporate level, and hopefully, avoid lawsuits and complaints.

Thursday, February 3:
We continue with our 4th installment of the Top 10 for 2010.  Today, Jessica Tupis tells you why you must accept Powers of Attorney - even if they are not your forms.  Also, Cate Hopkin has another cautionary tale for our friends in the banking and finance industry.

Wednesday, February 2:
We continue with our 3rd installment of the Top 10 for 2010.  This installment is good news for businesses and a warning for lenders.  For businesses, the courts have enforced the damages cap in cases of pain and suffering.  Chris Tully takes you through a 2010 case and its outcome.  Now, to our clients and friends who are lenders: Cara Lewis explains how a court decision in Philadelphia may affect your secured loans.

Tuesday, February 1:
We continue with our 2nd installment of the Top 10 for 2010.  Today, Jessica Tupis breaks down the Tax Relief Act of 2010 and, for those of you, who sell goods (retail or wholesale), Chris Heagy gives you a warning about doing so with a customer who has filed bankruptcy.

Monday, January 31:
Today, we start with two very different topics: (1) how your document management/IT practices can adversely affect you in the case of litigation and (2) the liability facing employers in the healthcare field.

First, Craig Haughton explains how a document retention plan can help you in the event you are sued.  He also explains how it can be a deterrent if not properly administered.  Second, for our healthcare provider clients and friends - a look at your liability as an employer.  Healthcare providers know that they may not retaliate against an employee who complains about violations that affect public health or safety.  But, in 2010, Maryland's highest court had the opportunity to interpret the Health Care Worker Whistleblower Protection Act.  Greg Garrett gives us a look at what happened.
 

Contrary to popular belief, a limited liability company (LLC) does not offer absolute protection.  As with corporate officers and agents, members and managers of LLCs can be personally liable for wrongful acts they commit, even when acting on behalf of the LLC.  The protection a LLC does offer was further diminished by Maryland’s highest court when it decided that a member of a LLC may be personally liable for lead paint injuries suffered by children who occupied a dwelling that the LLC owned. 

The good news, if there is any in the case, is that the holding appears limited to the specific context:  housing in Baltimore City.  To be liable, the individual must have a duty as an “owner” of the dwelling and personally participate in the action, or inaction, causing the injury, in this case failing to remediate lead paint.

The bad news here is that the LLC, and the manager held liable as an individual, had no intention of allowing people to occupy the dwelling and, in fact, took action to prevent people...