Legal Insights
Articles from Our Various Practice Areas
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Preserving Electronic Information When Litigation is on the HorizonThe explosion of electronic communications and data over the past twenty years has been both a boon, and a curse, for attorneys and their clients. The ubiquitous nature of email and other forms of electronic data can provide a treasure trove of candid statements made by parties to a dispute, and reveal a level of factual detail undreamed of by lawyers in the pre-digital age. Among the many curses of this explosion of data, however, are substantial increases to the overall cost of reviewing and analyzing information during the discovery phase of litigation, and the burden on all parties to adequately preserve, in a timely fashion, relevant data. Read More.
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The New Reality of Marketing Genetic Material
The marketing of genetic material, such as eggs and sperm, is becoming big business in the United States, with an estimated $100 million in sales last year.1 But are the laws surrounding the use of this genetic material keeping up with the legacy that is created with the use of this material?
In particular, if the donor of the genetic material is known, what are the legal ramifications, especially with regard to the inheritance rights and the beneficiary rights of a child with respect to the donor parent? For example, if a husband develops a terminal condition and freezes sperm for eventual use by his wife through artificial insemination, what rights does that child have even though the child may be born more than nine months after the death of the father?
A new law that was passed by the 2012 General Assembly attempts to answer this question. Read More.
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With unprecedented family wealth transferring from our "Greatest Generation" to our "Baby Boomers," competition among family members for that wealth is becoming an increasing reality. Additionally, when individuals fail to establish effective estate plans, it sometimes becomes necessary to invoke a court's authority to either provide protection for a disabled person or interpret estate planning provisions to protect the integrity of a person's estate plan. Read More
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2012 Legislative Update for Community Associations
While there were a number of bills introduced in the 2012 Maryland General Assembly this Session of interest to our Community Association clients, only one passed and is awaiting the Governor's signature-HB 126 (The Maryland Condominium Act - Right of Entry to Investigate Damage and Make Repairs). This bill provides the "Council of Unit Owners" with an irrevocable right and easement to enter a unit to investigate damage or to make repairs when the investigation or repairs reasonably appear necessary for public safety or to prevent damage to other portions of the Condominium. Previously, the Council only had the right to enter units for the purpose of rendering repairs reasonably necessary to prevent further damage and could not enter a unit merely for the purpose of inspecting it.
For more information, you can access the Maryland General Assembly website at: www.mlis.state.md.us.
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