Program Descriptions

Program descriptions are listed alphabetically by title.

2023 General Assembly debriefing

This program will analyze the key legislation of interest to Maryland lawyers that was passed by the Maryland General Assembly in 2023

30 tech tips: Using software, hardware, data and AI to get a running start at home, on the road, or in the office

Ranging from the basics to recently emerging tech – this one-hour program is designed to provide lawyers and legal services staff with valuable tips and information about technologies (including those that are free or nearly free) to work or play more efficiently and effectively.

The program will include a special focus on artificial intelligence, to develop a basic understanding of what AI includes, consider different types of AI technologies relevant to the practice of law, and discuss the boundaries between the work of humans and the machines they devise.

5 Cyber Security Best Practices Your Firm Should Have Implemented Yesterday

Businesses everywhere are at risk of a cyberattack and law firms are no different. The risks of not having a solid cyber security plan, policies and certifications in place are enormous. In fact, a cyberattack could bring your firm to a screeching halt. We’ll tell you the five cyber security best practices your law firm should put into place right now. You’ll learn how to minimize the risk of a ransomware attack, identify gaps in your cyber security plan and protect your sensitive information. BONUS – everyone who attends this session will be eligible for a free cyber security assessment of their firm.

Access to Justice Fundrasier (Seperately ticketed event)

Over the past two years, the Access to Justice Commission has secured more than $40M to ensure Maryland’s most vulnerable citizens have access to attorneys. You can help support this important work by joining us for this fun, family-friendly event.

Accounting 101 for Divorce Attorneys

Divorce attorneys who understand the fundamentals of accounting often have an edge over their opponents. The numbers contained in financial statements, general ledgers and tax returns can paint a telling picture, often serving as compelling evidence when making a case for valuing, classifying and dividing marital assets, as well as proving the existence of hidden assets and determining income for alimony or child support.

Join CPA and valuation expert Richard Wolf, CPA/ABV, CFE, CVA, as he reviews accounting and tax basics and boils down what attorneys should be looking at.

At this program, you’ll learn:

♦ How to review a company’s financial statements (i.e., balance sheet, income statement, cash flow statement, etc.) and understand what story they tell

♦ What flow-through entities are and how they can impact a divorce case

♦ The basic tax returns that an individual/corporation should be filing

♦ How to read a tax return, identify how much money someone is making and spot miscellaneous sources of income

♦ What a tax return can tell you about someone’s assets

ADR Where Else? Not Necessarily Where You Think

E-Discovery, Collaborative Law, Collaborative Construction Law and Administrative Law provide growing and emerging areas of alternative dispute resolution. In e-discovery, electronically stored information can be a daunting task for any practitioner and can lead to significant delays and expense. Come learn how mediation is helping to resolve these conflicts and how this sophisticated area is growing.

In the last ten years, the practice of collaborative law has increased across the United States. In 2013, 9 states and the District of Columbia had either a collaborative law statute or court rule. Today, 24 states (including D.C.) have adopted a collaborative law statute or rule, two and half times the number a decade ago. This portion of the presentation will survey the national landscape for the practice of collaborative law and highlight trends nationwide and within the state of Maryland.

Collaborative construction contracts include focused alternative dispute resolution mechanisms created by the owners and contractors engaged in complex, long-term projects. Learn the advantages of this model for large private construction markets in avoiding litigation pitfalls before the project begins.

Recent Maryland legislation includes alternative dispute resolution provisions to address conflict. We will review ADR program(s) created and/or implemented by Maryland administrative agencies identified in various statutes.

Afghan Crisis Legal Response: Creative Models to Leverage Remote Services and Scale up Service Delivery Models through Partnership

Since the Taliban takeover in August 2021, over 76,000 Afghans have been paroled into the United States. And because parole provides no pathway to permanent legal status in the U.S., immigration legal service providers are facing a huge new influx of clients, and are struggling to meet those needs. Learn from the ABA Commission on Immigration (COI) and HIAS on how they have collaborated to develop creative, cutting-edge projects to meet the needs of Afghans in Maryland and nationwide. These pro bono models engage attorneys and volunteers across the country who provide limited-scope legal services virtually, with light touch mentoring support from experienced attorneys to increase capacity and serve more clients. Though these models were developed in response to this crisis, they can easily be adapted to meet the needs of other future populations in need of legal services.

All About Experts

This program will cover the best practices with regard to preparing for and taking expert depositions, designating expert witnesses, working with your expert to prepare expert reports, challenging the admissibility of expert opinions and examination of experts at trial.

An Insider’s Look at Handling Regulatory Investigations

This program is a unique conversation between former financial services regulator Jedd Bellman (former Assistant Commissioner for compliance and enforcement in the Office of the Maryland Commissioner of Financial Regulation) and financial services industry advocate Leslie Bender, discussing the perspectives of regulator and an advocate for regulated client in an examination or other investigation conducted by a Maryland regulatory body. Topics this program will explore include these: (1) how to read between the lines in the initial examination or investigation materials to identify potential theories or concerns in the regulatory scope; (2) setting the tone from the beginning for a workable, sensible exam or investigation with a meet and confer; (3) conferring with your client about what to expect in a regulatory exam or investigation; and (4) preparing and organizing responses to regulatory requests.

Arbitration Practice Tips

An overview of the process and strategy for US and International Commercial Arbitration. Discussion will include drafting of arbitration provisions, arbitrator selection, scope of discovery, briefing and hearing strategy, as well as managing client expectations on cost, timing and finality/ appellate options. Comparisons between US and International arbitration practice, as well as arbitrating intellectual property disputes, will also be covered.

Are You Smarter Than a Law Clerk Redux, Redux, Redux

Come test your brain power in this entertaining, informative and fast-paced take-off on Are You Smarter Than a Fifth Grader. Frequently asked and often missed, questions about Maryland Federal law and practice will be addressed by encouraging audience participation to answer the questions, anonymously, by the use of responders or by choosing the law clerks response or on their own! Our moderator (Judge Battaglia) will pose the questions to the participants, and our panel will address the issues! Successful audience participants will receive prizes, while lunch is available!

Artificial Intelligence and Employment Discrimination Law

The panel will discuss employment discrimination concerns arising from the use of artificial intelligence (AI) in the workplace. The discussion will examine the implications of AI as it pertains to disability, race, age, and gender discrimination, among other protected classes, in all facets of employment, including in the hiring process and employment productivity evaluations. The panelists will also discuss the United States DOJ’s and EEOC’s guidelines to prevent discrimination through an employer’s use of AI and other emergent technologies and measures taken to enforce compliance with federal anti-discrimination laws.

Attracting and keeping the right foreign workers – employment and immigration

The purpose of this program is to demystify the hiring of non-US nationals for small and large employers in the US. Some of the pros and cons of such hiring will be discussed with a goal to empowering employers, including law firms, to make good choices, and benefit from a rich talent pool. This panel will provide an overview of the main categories of employment-based visa and immigration options, while paying close attention to the needs of the employers. What are the financial obligations of employers? What remedies do employers have in the event of unexpected outcomes? Are foreign workers and U.S. workers significantly different in the practical and legal obligations? What incentive structures may be in place to retain talent once their visa status no longer ties them to employers? Speakers include, an immigration lawyer, an employment lawyer, an HR professional, and an executive.

Benefits of Undergoing a Proactive Civil Rights Audit

Social responsibility is a growing interest by not only shareholders, but society at large. Employees are making employment decisions based on company values, transparency and accountability for diversity, equity, inclusion and accessibility (DEIA). One method for increasing social responsibility is by conducting a proactive Civil Rights Audit (i.e., Equity Review), under privilege. This evaluation will help to identify whether systemic barriers or bias exist in policies, procedures or practices that impact employees, applicants or the community in which the organization services. Join this session to learn more about the benefits of undergoing a proactive audit, while thinking carefully about what to include in such an audit and how to navigate related legal exposures.

MSBA and A2JC spearheaded an Affordable Law Task Force. The final report from the Task Force will be released before the Legal Summit. We would like to share key findings and takeaways from the Task Force report and then transition into practical ways to build an Affordable Law Practice. We would identify solo/ small firm practitioners who are practicing affordable law to share their tips and also bring in some legal technology folks who could add efficiencies (substantive or administrative) to law practice.

Business Valuation: What the Practicing Attorney Needs to Know

The value of a closely-held business is often in issue. These cases include family law and marital property, lost profits, negligence damages, death taxes, partnership dissolution, shareholder disputes, buying and selling a business, insurance claims, and a host of matters where a closely-held business is involved. This seminar will provide the practicing attorney with a clear understanding of how a business is valued under generally accepted business valuation methods using the income, asset, and market approaches. Standards of value, such as fair market value, fair value, intrinsic value, and divorce value are explained with reference to court cases. This seminar will explain the different types of valuations and what is needed for court; what professional standards are required for a credible business appraisal; how to effectively crossexamine a business valuation expert; what will a business valuation cost; and how to maximize the benefit of a business valuation expert. After this seminar, the attorney will have the tools to calculate the value of any business to assist the client in making the decision whether to invest in a full appraisal, a limited calculation, or no appraisal.

Can you Trust What You Hear About Trusts?

Are trusts the solution for every issue in estate planning? In many places you hear and read that they are, but is that the truth?Maybe, but also maybe not. There are many different types of trusts with one or more purposes – whether it is to avoid probate,save taxes or protect assets from creditors and even the beneficiaries themselves. Estate & Trusts attorneys, Micah Bonaviri andNicholas Monteleone will identify the many types of trusts, their individual uses as well as the advantages and disadvantages ofeach for yourself and your clients.

Clients with Diminished Capacity: Ethics and Practice

Maryland Rule 19-301.14 (1.14) (client with diminished capacity) instructs attorneys to maintain a normal client-attorney relationship when representing clients experiencing diminished capacity. This session will cover what effective representation of people with disabilities means in consideration of the current best practices and science around capacities, including the role of supports and accommodations. Presenters will also discuss efforts to modernize 1.14 and provide practical guidance on how to protect the rights and interests of people with disabilities and avoid ethical pitfalls.

Confronting Microagressions: The Next Level of Inclusion

An interactive workshop that builds cultural awareness through the exploration of individual bias. Presentation defines implicit bias and how it surfaces through verbal comments and behavioral actions which negatively impact individuals and target marginalized groups in the workplace. Discussion tackles ways to normalize difficult conversations and discharge the negative energy of trauma in productive ways that create understanding. Participants learn to recognize implicit bias and build self-awareness while engaging in self-reflection. Participants will leave with greater insight into bias, improved ability to recognize microaggressions, and skillful ways to communicate more effectively which create safe spaces for individual engagement and promote the inclusiveness of workplace cultures and teams.

Contesting and Defending a CPS Finding in a Child-Custody Case

Child protective services will often be involved in child-custody and access cases, reporting on the results of its investigation and informing the court whether reported abuse or neglect is indicated, unsubstantiated, or ruled out. Such finding can have a major impact on the on-going custody case.

In this program attorneys will learn techniques to defend or contest a CPS finding in a child-custody case.

Continuing Care at Home- An important financial and medical planning option

Continuing Care at Home (CCaH) programs are a concept that began over 30 years ago by Friends Life Care in Philadelphia, PA. There are now around 40 CCaH programs across the country and growing. In Maryland, CCaH providers are overseen and regulated by The Maryland Department of Aging. Legal authority can be found at (1) Title 10, Subtitle 4, of the Human Service Article of the Annotated Code of Maryland, and (2) Code of Maryland Regulations (COMAR)32.02.02. CCaH is a life care plan option in the home that relies on care coordination and a network of contracted home and community supports, plus pays out like a long-term care policy when a member becomes chronically ill. The main goals of CCaH programs are two-fold- to optimize both medical and financial planning. Programs focus on choice and assisting members with aging in place, helping to maximize functioning, and maintaining independence for as long as possible through proactive medical planning and assessments. There is also a financial protection aspect like a Type A life care plan contract at a Continuing Care Retirement Community (CCRC) or coverage like a long-term care insurance policy. Unlike a standard long term care insurance policy, CCaH offers proactive care coordination and residential wellness services at joining and lasts for a lifetime. Unlike a CCRC, the individualized service continuum comes to member’s homes and communities. CCaH is a new and important planning option for Baltimore residents 60+ years of age, especially those who do not have long term care insurance, who want a life care plan without having to move to a community, or well spouses of Medicaid Long Term Care applicants who are spending down and need to plan for themselves to avoid Medicaid Long Term Care in their future. This is a new planning option that can benefit upper-middle income aging clients to proactively address future medical and financial needs.

COVID-19’s Long Tail – Employment Law Lessons from the Pandemic

The panel will present an overview of the employment and labor law lessons from the COVID-19 pandemic, with a focus on implications under the ADA, FMLA, anti-discrimination laws, workplace safety laws, and more. The panel will explore practical considerations in managing COVID-19’s lasting impact in the workplace from both employer and employee perspectives, including issues related to leave, child care, reasonable accommodations, and more. The panel will highlight key judicial decisions on these topics.

Cross Examination Strategies, Pitfalls and Ethics

This program will discuss cross examination strategies, pitfalls and the ethics of cross examination.

Cybersecurity and Privacy Law Update

In just the last few years, there have been over a billion victims of data theft, and as a result Privacy Law involves some of the largest class action lawsuits ever seen in terms of number of people (probably including you!) affected.

This presentation discusses recent developments in privacy and data security law. It includes a review of major data breaches and the potential liability associated with them, as well as the key statutes involved and common law causes of action for lawsuits dealing with hacking, cyber harassment, on-line defamation and other matters that fall under the mantle of CyberLaw.

Defamation, Free Speech and Social Media – Where’s the Line and What’s Protected?

As a means of protecting the growing internet, Congress passed Section 230 as part of the Communications Decency Act of 1996. Section 230 treats providers of interactive computer services (i.e., social media platforms) as distributors of content created by their users that cannot be held liable for the content distributed, including for defamation. This is known as the Good Samaritan provision, and it applies to users of interactive computer services as well. As such, in 2021, when Courtney Fix used her Instagram account to post third-party content concerning Joshua Harris which he deemed to be defamatory, by the letter of the law, Ms. Fix was to be afforded the same protection from liability as Instagram is under Section 230.

This is precisely what attorneys Mark Dimenna and Sarah Sawyer argued on behalf of Ms. Fix, in Joshua Harris v. Courtney Fix, et al. (Case No. 24-C-21-0020000), and their argument prevailed. Through a motion to dismiss, defense counsel successfully argued that because Ms. Fix was a user who distributed third-party content on an interactive computer service, she should be afforded protection under the Good Samaritan provision for any third-party content that contained defamatory statements, including those concerning allegations of sexual impropriety and untoward treatment of women. Defense counsel also successfully argued that Plaintiff’s lawsuit generally concerned protected speech and was brought in bad faith in violation of Maryland’s anti-SLAPP statute.

This case was unique both in the context in which the court applied Section 230 and in that it is one of the only motions granted in favor of a defamation defendant under Maryland’s narrow antiSLAPP law since its inception in 2004.

During this session, defense counsel in the case will discuss:

♦ The nuances of the First Amendment, Section 230 and its unique application to users of social media;

♦ The narrow scope of Maryland’s anti-SLAPP law and challenges with pursuing an anti-SLAPP dismissal; and

♦ The future of these laws as related to social media interactions and posts by businesses and individuals.

Disability, Dialogue, and Delectables

Join certain convening bar leaders – those with disabilities and one incredible bar leader without – for dialogue and delectables related to fully realizing diversity, Equity, Inclusion, and Accessibility. Networking and discussion will occur on disability inclusion.

Sixty-one or more million Americans have an identified disability. Despite the low reporting numbers, it figures increasingly that many colleagues in the legal profession will have a disability in addition to the many other forms of diversity they have and that the legal field should celebrate and recognize.

Yet, during the interview for MSBA executive Director, one of the candidates admitted that, for our great DEIA conversations; disability is not thought upon sufficiently.

In the long-term experience of many lawyers with visible and invisible disabilities, a need exists for dialogue about the lived experiences of legal professionals with disabilities, including: the benefits they have by being disabled often not realized by the non-disabled; the challenges they continue to confront during this alleged inclusion revolution; and how all can support each other in forging careers in service of the public and its need for improved leadership on both sides of the aisle.

Have a bagel. Then engage in a conversation process on one of the following topics:

♦ Accommodations at legal education

♦ Accommodations to license testing

♦ Health and Wellness

♦ Micro Investments

♦ Technology Inclusion

Effective Arguments and Representation at Initial Appearances-A Former Commissioner’s Perspective

Participants will learn how to Participate in the be a more affective court appointed attorney program participant or private counsel and effectively argue for minimal release conditions for clients appearing before Maryland District Court commissioners at initial appearances. Topics will include How to effectively interview clients to provide mitigating factors to counter a lengthy criminal record. Course will be taught by a former 5-year veteran Baltimore City District Court Commissioner and cover what Commissioners are looking for in determining release conditions and the general Commissioner initial appearance hearing process- including special circumstances – like hospital hearings.

Effective Management Strategies in a Hybrid Work Environment

The pandemic has brought and continues to bring a staggering number of changes in the legal profession. With the movement to hybrid work environments and a change in priorities as to how people view work, management strategies that worked in the past need refinement to match current expectations. We will discuss focusing on strengths to take advantage of the opportunities presented in the hybrid work environment where we no longer are in face-to-face daily contact with team members. We will share strategies for building engagement and motivation, leveraging trust and respect as the foundation.

Topics will include:

♦ The importance of focusing on strengths to overcome weaknesses

♦ The benefits of enabling others to shine

♦ The connection between engagement and retention

♦ A review of the current research on burnout and languishing

♦ Approaches to building trust and respect

♦ Strategies to encourage and support in-person and online

♦ Techniques to motivate and engage in a hybrid workplace

Effective Representation of Clients with Disabilities and Assuring Court Access

One in five Maryland adults have a disability. Some individuals with disabilities have mobility limitations, others have sensory limitations such as limited vision or hearing loss. Still others may have cognitive or communication disabilities. How do Maryland lawyers and judges assure effective communication with clients and litigants with sensory disabilities? How are typical client-attorney relationships maintained with clients who have diminished capacity (according to proposed amendments to Rule 19-301.14)? How do lawyers and judicial personnel identify resources and address needs for accommodation to facilitate court access and full participation in judicial proceedings?

Elder Law Issues that Other Attorneys May Encounter – Elder Law for the Non-Elder Law Attorney

This presentation will focus on Elder Law issues for non-Elder Law attorneys. Topics in the presentation include:

♦ Special Needs Trusts for those with a disability

♦ Planning for inheritances and settlements for those with a disability

♦ Best practices for drafting Powers of Attorney

♦ Pre-crisis asset protection planning utilizing Irrevocable Trusts

♦ Crisis planning for Medicaid Long Term Care

ESG – What it is and why it matters

ESG stands for environmental, social, and governance. These factors are becoming increasingly important to the analysis process of identifying materials risks and growth opportunities. Within each ESG category are various specific related concerns that may be pertinent in a given situation and it’s important for companies and adjusters alike to be aware and mitigate those concerns.

Ethical Considerations of Responding to Negative Reviews Online

--The MSBA Ethics Committee presents a panel discussion on the Ethical Considerations of Responding to Negative Reviews Online –

Many review aggregation websites, including but not limited to Google, Yelp, and Bing offer business owners the opportunity to respond to negative reviews, typically in defense of the business (whether it’s a restaurant, bar, store, or law firm). Businesses sometimes respond by apologizing and asking for more information regarding the negative experience the reviewer experienced. Other times, responses will dispute the reviewer’s claims, either directly or by providing additional context undermining the reviewer’s credibility.

Attorneys’ responses to negative reviews raise unique ethical considerations, because MARPC 19-301.6 (Confidentiality of Information) limits attorneys’ ability to reveal information relating to representation of clients. The panel will discuss whether a negative review constitutes a controversy under MARPC 19-301.6(b)(5); whether, and to what extent, a client waives the right to confidentiality by posting a publicly accessible negative review; and whether, and to what extent, an attorney can include information relating to representation of a client in a response to a negative review without violating MARPC 19-301.6.

Financial Headwinds On The Horizon – What to do and how to handle them

This program will deal with warning signs and red flags which appear and signify impending negative financial issues and how to deal with what lies ahead. We will deal with issues such as the significance of the issuance of a Form 1099-C, taxable and non taxable debt forgiveness income, whether or not bankruptcy alternatives would be as effective as a bankruptcy, and slipping into insolvency.

Forgotten Firsts: Maryland’s First Black Lawyers and Their Quest to Integrate the Bar

The story of the struggle to integrate the Maryland bar has been overlooked by history – until now. Join us for this illuminating program, which looks at how , even long after other former slaveholding states had admitted Black lawyers, Maryland resisted legal challenges to its racially restrictive bar admission statute until 1885. This program examines the lives and legacies of those who fought to overcome this color barrier, from Edward Garrison Draper in 1857 to Everett Waring in 1885. Learn about pioneers of our profession like Waring, who went on to become the first Black lawyer to argue before the U.S. Supreme Court in. 1890.

Gun Control and the Second Amendment

A trip thru the intricate world of US Supreme Court decisions affecting the rights of citizens to keep and bear firearms, including the restrictions that may be legally imposed. This program will also discuss recent decisions of various federal courts, since Summer 2022 setting aside state restrictions on firearms, as directed by the sea change case of NY State Rifle and Pistol v Bruen. This will examine the challenges faced by legislatures in regulating firearms and the permissible limits on regulations.

Herding Cats: Preparing For and Leading the Life of a Law Firm Leader

The leadership and management skills needed to be a strong law firm leader are not typically taught in law school. This program,presented by a panel of law firm managing partners, will explore effective preparation for positions of law firm leadership, theresponsibilities and challenges of law firm leaders, important resources, and the day-to-day life of a law firm leader.

How Financial Experts Determine Damage Measurements in Litigation

This program will review how financial experts measure financial damages in disputes. It will focus on common damage measurements including lost profits and lost value and explain with examples the differences between each method. We will also examine common areas of disagreement between experts and how Counsel can address those differences. We will use examples derived from real cases.

Impacts of Cannabis Legalization in Maryland and East Coast Competition

Maryland has become one of the most recent states to legalize Cannabis for Adult Use. We will briefly discuss the recent ballot initiative and implementation legislation (HB837), as well as the legislation just passed in the latest Maryland General Assembly, which was charged with establishing a framework for the regulation and taxation of cannabis, including public education, expungement for certain crimes, data collection, a Public Health Advisory Council, three separate funds, and other matters.

Cannabis legalization touches upon almost every sector of jurisprudence. It encompasses all the same issues as any other business, from real estate to consumer law, from healthcare to disability rights, but with additional federal friction, taxation differences, and interstate commerce, and strict compliance requirements. It affects Veterans, Senior citizens, and members of the public, whether or not they look favorably upon this legal development. Maryland has already made strong efforts to repair the disproportionate impact on our communities of color and lower socio-economic advantages by incorporating Social Equity measures. We will discuss the strengths and weakness of the new legislation, where we see challenges ahead of the AU market opening on July 1, 2023, and how we see Maryland stacking up against the very intense, crowded East Coast marketplace.

Attorneys, Judges, Legislators, Public Officials and members of the public should be educated on what these new laws mean for the citizens of Maryland, and the towns in which they work and live.

We are Maryland attorneys, experts in Cannabis and Hemp business and governance, and have assisted legislators, businesses, and Social Equity candidates in several States for more than a decade.

Intellectual Property Overview

Patents, trademarks, copyrights, trade secrets, domain names, and other intellectual property will be explained, as well as how to apply for and protect them, how and where to assert and defend them, and how to sell, purchase, and transfer them.

Investigating Personal Injury Cases in Pre-Litigation: Adding Value as an Associate

Samantha Dos Santos is an Associate at Plaxen Adler Muncy, P.A. practicing personal injury law. This program is designed to teach Associates in the PI field different tools to investigate cases before a lawsuit is ever filed and before the discovery process begins. These tools include utilizing the Maryland Public Information Act to obtain documents from government actors, as well as best practices to obtain evidence from private entities. This program is designed to encourage Associates at any sized law firm to add value to each case through the investigatory process by equipping their firms with additional documentation and evidence from the very beginning of cases in order to increase their value.

Irrevocable Trusts and Tax Considerations

Beware of creating an Irrevocable Trust for your client – There’s more to this than meets the eye! There are numerous considerations for your client, including the payment of any estimated tax, the tax efficiency of their existing trusts, whether the trust should or can be a business owner, whether the trust’s situs is important, and others. This panel will provide insight on the issues facing counsel when preparing an Irrevocable Trust for a client, the pitfalls and obstacles to conquer or avoid, as well as discuss recent developments in legislation and noteworthy cases in this area.

Judicial Discipline in Maryland

This program will explore the judicial discipline process and the rules governing that process. We will provide a comprehensive understanding of the function and work of the Commission on Judicial Disabilities, the Judicial Inquiry Board, Executive Counsel, and Investigative Counsel. We will also discuss national and local trends and issues related to judicial conduct cases.

Juvenile Justice Reform from Pretrial to Post Conviction

This program will provide a comprehensive view of changes to laws affecting the interaction between juveniles and the criminal justice system. From limits on interrogating juveniles to post conviction protections for offenders convicted of crimes committed when they were juveniles, special sentencing provisions for juveniles, and everything in between, this program will educate attendees on the recent development in juvenile law that will impact criminal practices in the future. Whether you handle matters in the juvenile courts, are seeking or opposing a transfer to the juvenile court, or just want to stay abreast of the latest developments in criminal law, this program will provide valuable information to all criminal practitioners.

Labor Arbitration

Describes

The Process And Procedures Of Labor Arbitration

Landlord and Tenant Updates from the Bench Judges from different counties will present legislative updates, best practices for representing clients in these cases, and an overview of the new Access to Counsel in Evictions. This will be part two to last year’s successful panel.

Law Firm, Tech, and the Cloud

An interactive session to gain insight into the integration of cloud firm management and financial systems. Learn where other firms find success and how to implement the best systems for your firm.

Learn to READ in order to retain more clients

Learning how to sell is not something you’re taught in law school. Sales is also not a section on the bar exam. However, when you enter private practice you must originate and retain new clients, you must sell! Every great salesperson follows a process. Learn to READ in order to retain more clients.

Let’s Talk About Pay: What Employers Need To Know About Pay Transparency and Pay Equity

Doesn’t it seem like everyone is talking about pay these days? That’s probably because we have seen a rise in pay transparency and pay reporting laws. This session will provide an overview of pay transparency, pay data reporting, and pay equity laws and initiatives, with a focus on developments in the DMV. We will discuss strategies for navigating these issues so that employers can be prepared and compliant. We will also provide practical guidance for reviewing and improving pay equity.

Leveraging Emotional Intelligence in Mediation-- A Program for Attorneys and Mediators

The facts and the law are critically important in any dispute. But the proper application of emotional intelligence-- by counsel and the mediator-- is often what gets difficult cases settled. Join 25+-year mediator Douglas Furlong, Esquire for a real world discussion of the ways you can leverage emotional intelligence in your next mediation to achieve a successful outcome.

Making your practice accessible for all: top tips to reduce barriers for your clients

Engage with a moderated panel of experts and practitioners sharing practical tips for building an inclusive practice that is accessible to all, with an emphasis on reducing barriers for people with disabilities. Come away with a list of low-cost, easily implemented, concrete strategies and resources for your practice.

Maryland is the First State to Regulate Carbon

Maryland has enacted the most rigorous state law in the country reducing greenhouse gas emissions and otherwise addressing ESG stewardship including climate change. Attorneys can and should treat this as the greatest opportunity and responsibility of our time. Maryland law now requires building owners to report GHG emissions each year beginning in 2025, achieve a 20% reduction in net direct GHG emissions by 2030, be Net-Zero direct GHG emissions by 2040, and much more. Learn how to advise clients about the Climate Solutions Now Act of 2022 (SB 2022 – 528).

Monopolizing the Law

Lawyers speak often of the need to expand access to justice, but keep a tight rein on those who may provide it. Limiting legal services to lawyers alone, we criminalize those who may render certain services more efficiently under the guise of ethics rules against the unauthorized practice of law. Are we really protecting the public, or protecting our longstanding monopoly? In this program, we will look at responsible and innovative approaches to expand the delivery of legal services and ways to reduce their cost so that we may really provide justice for all.

Moving Past Impasse when mediating custody disputes

This program would be best for anyone who serves as a custody mediator. This contains practical time tested tips for moving past impasse in mediated custody cases by two experienced court appointed and private practice mediators, who mediate the most highly contested cases to conclusion.

MSBA Annual Business Meeting

The MSBA Annual Business Meeting offers updates from MSBA leaders, reports from associated organizations, and the induction of the 2023-24 Officers.

Paycheck Protection Program: Fraud and Enforcement Actions

Even though most Paycheck Protection Program (PPP) borrowers have long since received forgiveness for their loans, their forgiven status does not protect them from future scrutiny. In fact, the PPP and Bank Fraud Enforcement Harmonization Act of 2022 extended the statute of limitation for PPP fraud charges to 10 years from the date of offense, significantly increasing the amount of time Borrowers can be subject to investigation by regulatory authorities, regardless of forgiveness status. With the extended statute of limitation, creation of the Department of Justice’s Strike Force teams, and the SBA able to shift their focus from loan approval and forgiveness to loan review, we can expect to see an increase in uncovered and prosecuted PPP fraud. This program will provide an overview of the PPP and its interplay with other pandemic relief programs (such as the ERC and EIDL) and provide an update on current enforcement efforts and fraud. Finally, it will touch on important considerations and best practices for PPP Borrowers, including what to do in the event of an SBA review.

Paying for (Everything but) Play: Navigating Name, Image, and Likeness in Collegiate Athletics

Following the decision in NCAA v. Alston where the Supreme Court ruled that the NCAA could not prevent schools from providing education-related benefits, the NCAA revised its rules around the [N]ame, [I]image, and [L]ikeness of student-athletes. Navigating this new terrain has presented opportunities and challenges for students and universities, not to mention their respective legal advisors. In this program, we will explore the legal issues surrounding the payment of studentathletes, the evolution of legal doctrines, and how practitioners can assist their clients whether they be students, universities, or the companies interested in establishing a partnership with student-athletes.

[P]erform[ing] work connected with the activities of [a] religious entity: The State of LGBTQ+ Workplace Rights in Maryland

In 2020, the Supreme Court in Bostock v. Clayton County determined that discrimination against a gay employee is discrimination on the basis of sex—leaving open the question whether, and how, this determination might impact the interpretation of state human rights laws as applied to LGBTQIA+ employees and religious employers. In August 2022, the United States District Court for the District of Maryland, in Doe v. Catholic Relief Services, concluded that federal law prohibited CRS from denying a gay employee’s same-sex spouse dependent health benefits but certified three questions of state law to the Supreme Court of Maryland:

♦ I. Whether the prohibition against sex discrimination in the Maryland Fair Employment Practices Act, Md. Code Ann., State Gov’t § 20-606, prohibits discrimination on the basis of sexual orientation.

♦ II. Whether, under Md. Code Ann., State Gov’t § 20-604(2), the Maryland Fair Employment Practices Act applies to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular sexual orientation or gender identity to perform work connected with all activities of the religious entity or only those activities that are religious in nature.

♦ III. Whether the prohibition against sex discrimination in the Maryland Equal Pay for Equal Work Act, Md. Code Ann., Lab. & Empl. § 3-304, prohibits discrimination on the basis of sexual orientation.

Oral arguments on these pending questions took place on June 2, 2023. In this session, counsel for Mr. Doe and CRS will provide an overview of the rights LGBTQ+ employees are entitled to under the reasoning of Doe and the arguments submitted to the Supreme Court of Maryland concerning the interpretation of these Maryland human rights laws, the potential outcomes, and the impact the Court’s ruling could have on the intersection between LGBTQIA+ employees’ rights and the religious liberty of religious employers in the state.

Pitfalls in Administrative Appeals

There is an abundance of ways appeals from administrative agencies can be lost without a court ever reaching the merits. Establishing jurisdiction and determining the correct procedure when challenging an agency action are essential, yet often challenging. This presentation will survey some common pitfalls in administrative appeals, and how to avoid them. It will focus on agency appeals in both Maryland and federal court, and will highlight topics including: identifying the correct court in which to bring an appeal; federal Hobbs Act appeals and their jurisdictional time limits; and the distinction between petitions for judicial review and administrative mandamus actions in Maryland courts. Attendees will learn what questions to ask, and how to go about finding the answers, when initiating an administrative appeal.

Planning and Drafting for Smooth Estate Plan Administration; A Fiduciary’s Perscpective

The need for a modern-day estate planning process is upon us. Rather than a focus on strictly testamentary intent, today a plan must include the administrative workability of the documents to address intent versus interpretation! For smooth administration on behalf of your clients, the roles and responsibilities of the fiduciaries are critical. Serving as a fiduciary is a human business that is sometimes too strictly governed by impractical and cumbersome language in the documents. What the client wants isn’t always realistic, efficient, or practical. Good planners do their clients a disservice by not anticipating how quirky or micromanagement provisions can derail an estate or trust. We will examine important drafting considerations, discretionary language, and common provisions susceptible to challenging interpretation and possible litigation.

Preserving Issues for Appellate Review – or how to avoid breaking your appellate lawyer’s heart

A panel discussion on appellate preservation, including avoiding common mistakes, tips on how to properly preserve your record, and other insights from appellate lawyers and judges.

Primer on Trade Secret Litigation in Maryland

Most attorneys working in Maryland have had some exposure to trade secrets law (Non Disclosure Agreements, Employee handbooks, confidentiality clauses in contracts, etc) without a full understanding of trade secret litigation in Maryland. Who is liable when a new-hire’s former employer asserts misappropriation of a trade secret? What to do when receiving a summons or a cease & desist letter? When to file and where to file: State? Why file, what remedies are available? How to advocate for your client’s rights when a quick resolution is not forthcoming? Not all trade secret disputes are quickly resolved, and a misunderstanding here can lead to all sorts of headaches later. This session will explore the ABCs of trade secret litigation in Maryland and offer practical tips when asserting misappropriation of a trade secret or defending a right to practice.

Remote Work Risks and Ethics

The prevalence of remote work is a breeding ground for legal and ethical missteps by both lawyers and clients, including violations of the rules of professional conduct and waiver of privilege. This is especially true where remote workers—both lawyers and our clients—have dramatically different levels of experience working outside of a secure, confidential environment.

This seminar will identify common pitfalls and practical tips to keep you and your clients out of trouble.

Resistant Children: Real Problem, Real Solutions

The MSBA Family Law Section invites section members and guests for our 2023 annual program. Anyone who has handled a custody matter that involves a child who is resisting contact with a parent knows that time and resources are your enemies. A swift, knowledgeable, and competent plan of attack is necessary to either protect a justifiably rejecting child or to achieve early intervention in the event of an unjustifiable rejection/alienation scenario. Our panel of multi-disciplinary experts, which consists of an attorney/BIA, a Custody Assessor, a Judge, and a Reunification Therapist, will discuss the various reasons why children may resist contact with a parent and share their unique perspectives as to how they assess and manage resistant child cases. Further discussion will be had with regard to best practices for Maryland Courts to consider adopting in order to address these cases in a manner that is effective, efficient, and in the best interests of the children involved. This practical seminar is intended to provide working knowledge, real strategies that you can implement in your practice and/or jurisdiction, as well as to get people talking about how the system might be improved in order to identify, address, and implement efficient and effective solutions in resistant child cases.

Seismic Changes in Federal Student Loans in Bankruptcy

2022 brought significant developments in the area of federal student loan issues in bankruptcy case. This program will highlight and describe these changes with a particular emphasis on the new guidance for Department of Justice attorneys in regard to dischargeability litigation involving federal student loans.

Sports Betting – Are you playing Tax Liability Roulette

The concept of online gaming invites a different approach from in-person casino gambling in determining a taxpayer’s gambling income. Did the taxpayer receive the proper tax documents? What is a session? With Maryland joining its DMV brethren by fully entering into the online gaming world, this panel will help you navigate the tax minefield of electronic gaming. In which state’s platform did your client participate in and why does that matter? Clients making bets on Draft Kings, FanDuel or other betting platforms? This panel will provide you with the tools to coach your client to success (**in the tax arena only).

Supreme Court Term in Review

The panel will discuss key Supreme Court decisions from the 2022 Term and preview decisions anticipated as the Term draws to a close. Panelists will discuss cases of national importance and of practical importance to Maryland practitioners.

Sustaining and Expanding Your Practice Through Pro Bono and Maryland’s Access to Counsel in Evictions Program

Three attorneys in different stages of their career from across the state will discuss their pro bono involvement with Maryland’s new Access to Counsel in Evictions (ACE) program. The attorneys will address how their pro bono work with ACE has aided in sustaining and expanding their practice, including development of transferrable skills, relationship-building with the bench and bar, and expansion of their paying clientele. They will also discuss common barriers to pro bono involvement, including managing conflicts, maintaining flexibility and managing the time commitment, learning a new area of law, and developing litigation skills in a supportive environment with mentorship from experienced civil legal aid attorneys. Whether you are early in your career or approaching retirement, whether you work for a large firm or are a solo practitioner, join us to hear how others have navigated these challenges and grown their business through pro bono involvement with ACE.

The Latest in Nursing Facility and Medicaid Law & Regulation

This presentation will consist of a discussion about updates to nursing facility law and regulation in Maryland as well as a broader discussion of current Medicaid cases, including the Supreme Court’s forthcoming decision in Health and Hospital Corporation of Marion County v. Talveski, which addresses whether Medicaid patients can sue to enforce the Medicaid program’s standards.

The Minefield for Maryland Cannabis Businesses

This panel will discuss recent tax developments in the cannabis industry including highlights of recent court cases and IRS examination issues related to Section 280E, case law developments and related tax reporting and penalty considerations, and various legislative, business and industry trends and developments. This panel will provide insight on the issues facing counsel when advising Maryland Cannabis businesses.

The New Landscape for Religious Freedom Litigation

Commentators rightly have observed that the current Supreme Court is highly protective of religious freedom and is receptive to expanding its already robust Free Exercise jurisprudence. In this session, we will look at some of the emerging issues in this critical constitutional space, including with respect to religious land use, prayer in the public sphere, and employment relationships. Landmark Supreme Court rulings, such as the 2021 decisions in Tandon v. Newsom and Fulton v. City of Philadelphia, and the 2022 decision in Carson v. Makin, show that the Court may adopt a most favored nation status for religious freedom claims and is skeptical of laws that would limit state benefits to nonsectarian institutions. Recent decisions here in Maryland and in the Fourth Circuit, including the Fourth Circuit’s 2021 and 2022 rulings in Redeemed Christian Church of God (Victory Temple) Bowie, Maryland, and Canaan Christian Church v. Montgomery County; and the pending appeal in Billard v. Charlotte Catholic High School, are guideposts for issues that the Supreme Court may address in the near future. During the session, we will analyze and discuss these and other important religious freedom cases and will consider how the Supreme Court’s religious freedom jurisprudence should inform our client counseling, risk mitigation, and litigation strategies.

The Use of Vocational Experts in Personal Injury Litigation

This program will cover how vocational expert testimony may impact the losses in personal injury litigation, including the areas of earnings, earning capacity, worklife expectancy, loss of ability to perform household services and other damages which may be experienced by the plaintiff. We will also look at how to verify the credentials of the vocational experts being used in litigation.

Three ways unconscious bias creates risks for law firms.

This program would look at three ways unconscious bias can lead to bad lawyering: (1) how unconscious bias can foster violations of ethical duties of competence, communication and diligence; (2) how the lack of training and policies on unconscious bias can become a basis for violations of ethical duties of supervision; and (3) how unconscious bias can manifest itself in conduct that is most frequently the basis for bar complaints and malpractice suits. The course would include analysis and discussion of bias training that has been demonstrated through research to be effective at reducing the negative impact of unconscious bias on conduct and decision-making.

Tips and Tactics for Avoiding Litigation: Managing Legal Disputes in a Pre-Litigation Environment

This session is primarily directed at the in-house lawyer who is faced everyday with managing existing legal disputes and preventing others from arising. Learn all about the best practices for your business affairs to minimize risk and exposure, contract drafting tips to protect your company, attorney-client privilege considerations unique to the corporate environment and other prelitigation considerations to help you navigate the tricky waters of the pre-litigation environment.

Tradeshow/Exhibitor Hall Hours

Visit over 40 industry partners and learn how you can improve your practice, become more efficient, stay informed on new trends, or engage with the profession and your community through pro bono work.

U.S. Corporate Transparency Act Requirements for You and Your Clients

Are you the primary legal advisor to any corporation, LLC, or other entity created by a filing with the Maryland SDAT or the secretary of state of another U.S. state? Do you occasionally sign or direct the signing of entity formation documents for your clients? Either way, you need to know about the U.S. Treasury regulations, issued due under to the U.S. Corporate Transparency Act, that require small limited liability entities to report their beneficial owners and, in some cases, effective January 1, 2024, the person or persons responsible for forming them through a state filing. This seminar will explain those requirements, why they came about, the implications of U.S. Treasury collecting the reported information, and steps for attorneys and law firms to take in light of this development.

Understanding the Benefits of AI in Law Firm SEO and Marketing

Participants will learn about the various benefits of artificial intelligence (AI) in law firm SEO and marketing, including improved efficiency, accuracy, and scalability.

Waters and Wetlands Oh My: How the New WOTUS Rule Impacts Agriculture

On Dec. 30, 2022, the Biden administration announced the long-anticipated final rule for defining the waters of the United States under the Clean Water Act. This rule marks the third change in definition in the past five years. This session will focus on what the changes mean to Maryland’s agriculture and environmental communities.

What Lawyers Need to Know About Financial Fraud Schemes

♦ Common fraud schemes

♦ Fraud warning signs

♦ Cyber fraud

♦ Fraud cases in the news

♦ How to combat fraud

♦ Sarbanes Oxley legislation

♦ Fraud audience interaction

What the Future will Bring – The 2023 Session & Climate Change Legislation & Regulations

Many don’t realize the magnitude of the Climate Solutions Now Act and how it will require ambitious efforts from everyone, including in-house counsel in organizations. From electric vehicles and renewable energy to new building codes and energy performance standards, the rules are changing and so are the regulations. We will preview some of these changes and any other legislative or regulatory questions you may have from Maryland’s 2023 session.

When to Engage, When to Dis-Engage: Best Practices When Engaging and Terminating Representation of Clients

One of the pitfalls of legal practice is the inability to establish healthy attorney-client relationships. The best time to start developing a solid attorney-client relationship is before the relationship begins. Thus, attorneys must devise a strategy to select clients that are a good fit for their practice. Having a process that helps the attorney discern and avoid problematic relationships will prevent stress and hardship later. This presentation will outline factors that lawyers should consider when deciding to take on a client. Such factors include the responsiveness of a client, financial dependability of the client, the expectations of the client, and the client’s ability to respect boundaries. In terms of terminating a relationship with a client, lawyers need a strategy to end representation in a way that does not prejudice the client and does not create problems for the lawyer either. Some of the strategies that will be discussed in terms of ending representation will include problem solving to salvage a relationship with a difficult client, identifying co-counsel to assist on a case, use of limited scope retainers, transferring cases to other attorneys, and proper methods to withdraw from a case in litigation.

Working in the Sun: Better Understanding What Landowners Want In Utility Scale Solar Development Tools

Solar energy development is a developing and often controversial topic over the past few years. Landowners often struggle with what to do in this area and often struggle to find qualified legal representation to negotiate these contracts. This session will highlight the work being done as apart of a USDA-NIFA funded research project to better understand what landowners want out of utility-scale solar leases and resources being developed to assist landowners and attorneys in understanding the contracts better.

Your Partners Won’t Always Be Here: Does Your Firm Have A Succession Plan?

Succession planning for lawyers and law firms is not something that has ever come naturally to lawyers. Most partners are reluctant to broach the topic of their own retirement and will often avoid these conversations in their firms. But succession planning is critical to law firms and needs to be an integral part of the firm’s overall business continuity strategy. Neglecting the issue of succession planning can be very detrimental to the overall productivity of current lawyers in the firm, so the optimal time to begin a succession plan is way in advance of shareholders/partners reaching retirement age. Succession planning allows firms to prepare for the transition of key positions and major client relationships when shareholders or key partners leave the firm. Succession planning also helps firms be prepared for any untimely loss of a critical firm leader. This session will explore why law firms need succession plans in their firms now, issues that should be considered for creating a viable succession plan and what a comprehensive succession plan should look like.

You’ve Filed an Appeal – Now What??? A behind-the-scenes view from Chief Judge Wells, ADR Court Staff, and an experience appellate practitioner

Have you ever wondered how a case travels through the Appellate Court of Maryland? You’ve filed your Notice of Appeal, but are not sure what to expect next. Here’s your inside scoop. Chief Judge E. Gregory Wells of the Appellate Court of Maryland, along with the Alternative Dispute Resolution (ADR) Division, and an experienced appellate practitioner, will walk you through what happens after you file the Notice of Appeal, what the ADR process looks like at the appellate level, and how your case proceeds through the timeline.