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Articles

  • D.C., Maryland and Virginia: Open Meeting Requirements

    By: Alexander N. Rouhani

    Takeaway:  Open Meeting requirements restrict how and when a Board of Directors may discuss Association business. In general, they require that all meetings, including those of any committee or subcommittee, be open to all members of the Association, but provide a limited set of circumstances...

  • Delaware Legislation Update: The New Ombudsman

    By: Chad J. Toms

    On August 12, 2014, Delaware’s governor signed a bill into law creating an Office of the Common Interest Community Ombudsman within the Department of Justice.  What is the Ombudsman charged with doing, and how will it affect your community? Under the new law, the Ombudsman is empowered to help...

  • Is Your Community Association Sick Leave Policy in Compliance with District of Columbia Law?

    By: Tiffany M. Releford

    In November 2008, the District of Columbia enacted the Accrued Sick and Safe Leave Act of 2008 (“ASSLA”) which requires employers to provide paid sick leave to employees, as well as safe leave for absences related to domestic violence or sexual abuse.  Effective March 2014, ASSLA was amended...

  • Fence fight: Montgomery judge to consider who owns trail land along Purple Line route

    By: Jeffrey C. Seaman

    Jeff Seaman Represents Chevy Chase Homeowner in High Profile Purple Line Fence Dispute ..."Bhatt’s lawyer, Jeff Seaman, argued that previous owners of Bhatt’s home had taken “adverse possession” of the land along the trail’s shoulders because a fence has existed in the same spot since at least 1963...

  • NLRB Memoranda Encourage Cooperation Between OSHA, WHD and NLRB In Advising Employees of Possible Claims

    By: Steven E. Bers, Jeffrey C. Seaman

    Recent memoranda issued by the General Counsel of the NLRB’s Operations Management Division make it clear that OSHA, Labor’s Wage and Hour Division, and the NLRB Regional Offices are going to be taking a more coordinated, less compartmentalized approach to addressing workplace complaints.  The...

  • Appeals Court Upholds "Silent Fraud" Jury Verdict under Franchise Investment Law

    By: David L. Cahn

    Take-away:  If your franchise offering document is silent on key issues, you can be liable if your people “oversell” to a potential franchisee.  Better to deal with the issue in carefully vetted writing than to be surprised by something your people say off the cuff.   

  • What's the Value-Add of a "Full-Service" Law Firm?

    By: David L. Cahn

    Personal Observations from a Lawyer in the Trenches Over the past decade I have been a solo legal services provider, then managing member of a boutique firm, and then a part of a much larger firm, Whiteford Taylor & Preston, since 2011.  So I have really seen the legal profession from all...

  • Enforcing Quality Standards in Hotel Franchise Agreements

    By: David L. Cahn

    Take-away. A franchisor’s diligence in conducting and documenting quality assurance inspections is as important as ever, particularly if the franchisor seeks to exercise its ultimate weapon – termination of the franchise agreement.   Prudent inspection and documentation practices are...

  • Ariana Stowe Receives Fulbright Award

    Whiteford, Taylor & Preston is delighted to announce that Ariana Stowe, who has been working in the Bethesda office since last July, has received a Fulbright Award. Ariana will represent the US as a cultural ambassador while she is overseas, helping to enhance mutual understanding between...

  • Are Your Membership Benefits Cutting It?

    By: Eileen Morgan Johnson

    Probably the vast majority of association membership benefits are the traditional ones – a publication of some sort, access to the association’s “members only” website, discounts on conference fees and purchases, access to group insurance programs, etc. While these benefits retain their popularity...