McMillan Metro NewsletterMM Alert
 
Issue 1002  November 2009 
In This Issue
Have You Reminded Your Employees of the Duty of Loyalty?
Commercial Lease Workouts - Issues to Consider During Initial Lease Negotiations and During the Lease Term
New Legislation Targets Minority Contracting Fraud
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Dear Clients and Colleagues,
 
In an effort to share our knowledge, experience and perspective with you on cutting-edge legal developments, we are sending our periodic "Alert".  It is one way for us to give back to you, our clients and friends.  We hope that you find value in this communication.
Have You Reminded Your Employees of the Duty of Loyalty? 
 
All employees are subject to an array of implied common law duties arising from the unwritten contract requiring the employer to pay wages in exchange for the employee's performance. While the duty of loyalty provides protection for the employer as well as a powerful enforcement instrument, it is often overlooked and ignored. Too often employees today do not connect their responsibility to the employer because it is never defined. Employees are generally naïve and will remain so unless the implications of the duty of loyalty and unacceptable behaviors are specifically explained...read more
Commerical Lease Workouts - Issues to Consider During Initial Lease Negotiations and During the Lease Term 

Given the effect of the economy, many companies find themselves struggling to make rent payments. Companies may want to consider discussing rent abatement, rent deferrals and/or other concessions with their Landlords. The types of relief that may be available to a Tenant will differ depending upon a number of circumstances and each Landlord may react differently to such requests depending upon the local market conditions coupled with the vacancy rate for the property in question.
 
There are numerous approaches and suggestions...read more
New Legislation Targets Minority Contracting Fraud 
 
Under a new Maryland law that went into effect last month, contractors that rely upon minority-owned companies in bids for the award of state construction projects but which fail to use such companies will be subject to felony charges. The new law, which went into effect as of October 1, 2009, provides for a maximum sentence of five years in prison, a $20,000 fine, or both... read more