In May 2017, the ABA Standing Committee on Ethics and Professional Responsibility released an opinion providing guidelines that practicing attorneys should follow to ensure that communications with their clients are protected, and not subject to cybersecurity breaches. The opinion states that attorneys must make “reasonable efforts” to ensure their client communications are secure. See ABA…
Thomas v. Omni Hotels Management Corporation, ___ F. Supp. 3d ___, No. 5:15-cv-00086, 2017 WL 913814 (W.D. Va. March 7, 2017) On March 7, 2017, the United States District Court for the Western District of Virginia issued its opinion in Thomas v. Omni Hotels Management Corporation. In Thomas, the Court applied Virginia law and held…
Johnson v. Univ. of Md. Med. Sys. Corp., 2017 WL 1057447 (Md. Ct. Spec. App. March 21, 2017) (Unreported) On March 21, 2017, the Maryland Court of Special Appeals issued its unreported opinion in Johnson v. University of Maryland Medical System Corporation. In Johnson, the Court declined to extend the “corporate negligence” doctrine to parent…
Gentry v. East West Partners Club Management Co. Inc., 816 F.3d 228 (4th Cir. 2016) On March 4, 2016, the United States Court of Appeals for the Fourth Circuit issued its opinion in Gentry v. East West Partners Club Management Co. Inc., 816 F.3d 228 (2016). In Gentry, the Fourth Circuit rejected the argument that…
On February 23, 2017, the Supreme Court of Virginia issued its opinion in Francis v. National Accrediting Commission of Career Arts & Sciences, 293 Va. 167 (2017). In Francis, the Court relied on its earlier decision in Bowman v. State Bank of Keedysville, 229 Va. 534 (1985), which established a public policy exception to Virginia’s…
On May 31, 2017, Eccleston & Wolf attorney Richard Berwanger, along with insurance representatives, gave a presentation to several members of the Frederick County Bar regarding ethical issues that attorneys frequently encounter in their daily practice. The topics addressed during the presentation included conflicts of interest, scams directed to attorneys, scope of representation, and defensive…
On June 16, 2017, Eccleston & Wolf attorney Gregg Viola presented to the Independent Insurance Agents of Maryland, Inc. at its annual meeting at Camden Yards. The presentation centered on practice pointers to avoid pitfalls when using social media. Attorneys at Eccleston and Wolf regularly participate in speaking engagements and are frequently requested by individuals…
Repaying Medicare Advantage (Part C) liens – is anyone safe? By Stephen M. Cornelius and Gregg E. Viola Every litigator knows, or certainly should know, that it is imperative to timely repay Medicare liens after a case is resolved. The law and procedures for identifying standard Medicare Parts A and B liens, appealing the amount…
Eccleston and Wolf is pleased to announce that former Maryland Bar Counsel, Glenn M. Grossman, recently joined the firm as an attorney. As recently reported by The Daily Record, at Eccleston and Wolf, Mr. Grossman’s practice will be focused upon the defense of attorney grievance matters, analyzing attorney ethics matters and providing ethical advice, as…
In Windesheim v. Larocca, 443 Md. 312 (2015), the Court of Appeals discussed Maryland’s statute of limitations in detail, and reaffirmed its holding in Bank of New York v. Sheff, 382 Md. 235 (2004). In Windesheim, Borrowers filed a putative class action lawsuit against PNC Mortgage and PNC’s Loan Officer, Suzanne Windesheim, as well as…