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Business Law Articles

Business Law Articles

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05/01/2006 - FMLA-Challenges to medical certification
One basis for requesting leave under the Family and Medical Leave Act (FMLA) is the employee’s own “serious health condition” that renders them unable to perform the functions of the job.
02/01/2006 - Arbitration: Not Necessarily A Better Option Than Litigation
Is arbitration a better option than litigation?
01/31/2006 - Commercial lease termination
A tenant who admittedly failed to give timely notice of an option for lease extension on a commercial lease lost the option.
01/29/2006 - Spam
Maryland Court Supports Assault on Spam
01/24/2006 - Home improvement
All persons selling or performing home improvements in the State of Maryland are required to obtain licensure through the Maryland Home Improvement Commission, a department of the Department of Labor Licensing and Regulation.
01/06/2006 - Fair Value - Determining the value of a limited partnership interest
Maryland's Court of Special Appeals held that 'fair value', for the purposes of determining limited partners' interests on withdrawal equals a proportionate share of the value of the limited partnership as a going concern, without discount.
01/01/2006 - A Document Retention Policy Can Save Time And Money
In the office, some people are pack rats and cling to every scrap of paper that comes their way. Others pitch everything without giving it so much as a second thought.
12/31/2005 - New years resolutions for the health of your business
"this year I’m going to ..."
01/01/2005 - Export of computer software and hardware
The United States government has the statutory right to regulate the export of certain controlled classes of products. This regulation is performed by the requirement to obtain a license prior to the shipment of certain types of goods.
01/01/2004 - FLSA-2004 regulations changes
In 2004, changes were implemented to the Fair Labor Standards Act (“FLSA”) which address the determination of which employees are exempt from the requirement of minimum wage and overtime pay.
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News from BTLG:

Litigation Hold: When is Litigation Reasonably Anticipated?
The duty to produce information covers relevant information that may not (yet) have been explicitly requested. In order for a party to fulfill its obligation to produce evidence, the party must first have fulfilled its obligation to preserve evidence.
Arbitration: scope and enforcement of “any dispute arising out of, or related to,”
Maryland courts favor the use of arbitration as a method of dispute resolution and have consistently held when an arbitration agreement is “clear and precise,” any controversy arising out of the agreement shall be settled by arbitration
Fiduciary duties: Corporate Opportunities
While managing members of LLCs owe a common law fiduciary duty to the LLC and other members, not all business opportunities are automatically attributable to the LLC as "corporate" opportunities
Stockholder Derivative Claims: Boland Remand Decision
The Circuit Court for Montgomery County applied the standards articulated in Boland v. Boland, remanded from the Court of Appeals, and found that the Special Litigation Committee acted properly in refusing to take action on a stockholder claim.
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