|Oral Contracts-How Enforceable Are They?
A contract, whether written or oral, is only enforceable if the essential terms of the contract are clear and certain. The contract must be sufficiently definite and detailed as to what actions all parties are obligated to perform.
|The Value of a 409a Valuation
Companies that offer stock options as an employee incentive need to be familiar with section 409A of the Internal Revenue Code
|Valid Arbitration Provisions in Employment Contracts
When two parties enter into an arbitration agreement and one fails or refuses to arbitrate a dispute, the aggrieved party may seek an order from the court directing the parties to proceed with arbitration as set forth in their agreement.
|Securities-TIC interest in real estate
The Maryland Court of Appeals held that a tenant-in-common ("TIC") investment is a security for purposes of regulation under the Maryland Securities Act
|Waiver and release of future negligence: exculpatory and indemnification clauses regarding minors
The Court of Appeals reversed a decision which had held that a written advance release signed on behalf of a minor was not enforceable to waive future negligence
|New Maryland Laws effective October 1st
See the 107 page listing of laws effective today
|Employment Law Update-Maryland legislation effective October 1st
Several pieces of new employment related legislation are now effective
|Dram Shop Liability
In the case of William J. Warr, Jr., et al. v. JMGM Group, LLC, d/b/a Dogfish Head Alehouse the Maryland Court of Appeals refused to change Maryland law which does not recognize the kind of general duty to the public required for dram shop liability
|Criminal background checks
The US District Court for Maryland granted summary judgment in favor of an employer accused of disparate impact discrimination by using pre-employment criminal background checks
|Premises Liability: Common law duty v. Statutory duty
Premises liability is the duty an owner of real property owes to a visitor while on the property. A property owner’s duty may be rooted in common law principles, or the duty may be statutorily imposed on the landowner.
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