Court Grants Motion to Dismiss in Qui Tam Action Alleging False Claims in the Form of Federal Grant Applications

In United States of America, ex rel. v. CASA de Maryland , No. CV PX-16-0475, 2018 WL 1183659 (D. Md. Mar 6, 2018), the United States District Court for the District of Maryland was asked to decide whether the complaint alleged claims under the False Claims Act (“FCA”) in connection with federal grant applications and […]

Amendments to Data Breach Notification Statute in Maryland Take Effect January 1, 2018

Amendments to the Maryland Personal Information Protection Act took effect January 1, 2018. The amendments primarily expand the definition of what constitutes “personal information” and include specifications regarding notification procedures in the event of a breach. Prior to the amendments taking effect, the definition of “personal information” was limited to an individual’s first name or […]

Court Grants Summary Judgment to Association That Did Not Sue Its Former Law Firm Pursuant to a Prior Settlement Agreement

In Hanrahan v. Wyndham Condominium Association, Inc. , Case No. 13-C-16-109204, a case defended by Hyatt & Weber attorneys Stephen Stern and Amitis Darabnia, the Circuit Court of Maryland for Howard County granted summary judgment to Wyndham Condominium Association, Inc. (“Wyndham”), and dismissed an eight count complaint (that, as a practical matter, asserted ten different […]

Sixth Circuit Holds Title VII Prohibits Transgender or Transitional Status Discrimination

In E.E.O.C. v. R.G. & G.R. Harris Funeral Homes, Inc. , — F.3d –, No. 16-2424, 2018 WL 1177669 (6th Cir. Mar. 7, 2018), the United States Court of Appeals for the Sixth Circuit held that discrimination on the basis of transgender or transitional status constitutes discrimination on the basis of sex in violation of […]

Second Circuit Reverses Precedent and Holds Title VII Prohibits Discrimination on the Basis of Sexual Orientation

In a precedent setting case, the United States Court of Appeals for the Second Circuit reversed course in an en banc decision and held in Zarda v. Altitude Express, Inc. , 883 F.3d 100 (2d Cir. 2018), that sexual orientation discrimination is a form of sex discrimination that is prohibited by Title VII of the […]

Maryland Enacts Paid Sick Leave Law

The Maryland Healthy Working Families Act took effect February 11, 2018. Pursuant to the Act, Maryland employers with 15 or more employees must provide employees with paid leave called “earned sick and safe leave.” The statute has many detailed requirements, as well as exceptions and carve-outs. Under the statute, employees shall accrue earned sick and […]

Supreme Court Gives Clarity as to Who is a Whistleblower Under The Anti-Retaliation Provision of the Dodd-Frank Act

In Digital Realty Trust, Inc. v. Somers , 138 S. Ct. 767 (2018), the United States Supreme Court was asked to decide whether the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or “Dodd-Frank Act”) extends to an individual who has not reported a violation of the securities laws to […]

Supreme Court Rules on Timeliness of State Law Claims When Dismissed From Federal Court and Refiled in State Court

In Artis v. District of Columbia , 138 S. Ct. 594 (2018), the United States Supreme Court held in a five to four decision that the statute of limitations for a state law claim is tolled while it is pending in federal court if the claim was filed in federal court based on supplemental jurisdiction […]

Court Finds Board of Directors Not Entitled to Benefit of Business Judgment Rule

In Brining v. Donavan , Civil Action No. 16-3422-BLS1, 2017 WL 4542947 (Sup. Ct. Mass. Sept. 14, 2017), a court denied a motion to dismiss filed by a corporation and, thus, denied its board of directors the benefit of the business judgment rule because the board’s decision not to pursue litigation or a derivative action […]

Court Holds Insurance Policy Applies to Merged Company

In BCB Bancorp, Inc. v. Progressive Casualty Insurance Co. , Civil Action No. 13-1261, 2017 WL 4155235 (D.N.J. Sept. 18, 2017), a federal district court analyzed the interplay of a directors and officers liability insurance policy with a New Jersey statute to determine that insurance coverage for a shareholder class action lawsuit was available to […]