|Trademarks: When a company name is considered merely descriptive
A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.
|Retirement Can Cause A Member to Involuntarily Withdraw From an LLC
A provision in a limited liability company Operating Agreement stating that a member’s termination of employment shall be an involuntary withdrawal of a member may also include the situation where a member retires from the company.
|Maryland Parental Leave Act
The Maryland Parental Leave Act provides eligible employees with the right to take up to six (6) weeks of unpaid paternal leave during any twelve (12) month period
|Recovery of Overtime Wages Subject to Enhanced Damages under Maryland Wage Payment and Collection Law
In the case of Peters v. Early Healthcare Giver, Inc. the Court of Appeals of Maryland determined that overtime wages are recoverable both under the Maryland Wage and Hour Law (“MWHL”) and the Maryland Wage Payment and Collection Law (“MWPCL”)
|Employment agreements: for-cause termination provisions versus at-will employment
A for-cause termination provision can turn, what the parties intended to be at-will employment, in to perpetual employment subject only to termination for-cause.
|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
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