News & Insights

Virginia Supreme Court Recognizes Exception to American Rule For Covenants Not to Sue

Under what is referred to as the “American Rule,” successful litigants in state and federal courts in the United States generally cannot recover their attorney’s fees and expenses from their opponents.  Unless there is either a statute providing for recovery of attorney’s fees by a prevailing party or a contract between the parties providing for…

Rosenberg Martin Greenberg, LLP Welcomes Seven New Attorneys During Pandemic of 2020-21

Rosenberg Martin Greenberg is pleased to announce the addition of our “COVID class” of seven new attorneys to the firm during the past 12 months. We would like to welcome Christina “Chrissy” Bolmarcich, Brett F. Baldino, Jeffrey S. Greenberg, Gabrielle D. Shirley, Jessica L. Duvall, Robert M. Berman and M. Ari Storch. Barry Greenberg, RMG’s Managing Partner and head of the Firm’s real…

New Baltimore City Law Requires Changes to Residential Leases and Impacts Assessment of Late Fees

On March 22, 2021, the Baltimore City Council passed legislation that mandates changes to all residential leases and impacts when late fees may be imposed. Specifically, the law, entitled “Late Fees for Past Due Rent,” provides that “a residential lease shall include a provision that the landlord may not apply late fees to the rent…

Sure I Signed The Contract, But…

It is not unusual for a party to regret signing a contract.  The terms “buyer’s remorse” and “seller’s remorse” would not be part of the lexicon if it was.  However, with good reason, the law does not allow a party that regrets having signed a contract to escape from the contract easily, as a recent…

What You Need to Know About the Restaurant Revitalization Fund Grant Program

The American Rescue Plan Act of 2021, which was signed into law on March 11, 2021, includes relief provisions for restaurants and other similar businesses.  The Small Business Administration (SBA) will administer the Restaurant Revitalization Fund grant program. The grant amount generally equals the excess of 2019 gross revenues, over 2020 gross revenues. Subject to…

Maryland Court of Appeals: Change of Beneficiary of Insurance Policy Is “Conveyance” Under Uniform Fraudulent Conveyance Act

In a March 9, 2021 opinion, the Maryland Court of Appeals signaled the end of what it termed “an elaborate web of procedural history” by answering two questions certified to it by the United States District Court for the District of Maryland.  Those questions arose “in the context of a decade-long dispute between the adult…

While you were Quarantining – the Private Offering Regulatory Framework Gets a Makeover – What’s New and What you Need to Know.

On March 15, 2021, at long last, the Securities and Exchange Commission (“SEC”)’s proposed amendments to the private offering rules (a process which began in June 2019 via a concept release) are anticipated to go into effect. Their goal? To (i) harmonize, simplify, and improve the existing framework; (ii) promote capital formation; (iii) expand investment opportunities for entrepreneurs and emerging businesses; and (iv) promote growth for companies of all sizes. The revised framework also endeavors to expand the pool of potential investors eligible to participate in private offerings while also preserving and improving investor protections.  In addition, effective December 8, 2020, new categories of qualifying natural persons and entities were added to the definition of “accredited investor.”

Kimco Realty Corp. Law Firm Partnership Project Selected Among Finalists for ALM Industry Awards in Best Provider Collaboration Category

(CHICAGO, January 12, 2021) The U.S. law firm of Hinshaw & Culbertson LLP is pleased to announce that Hinshaw, firm client Kimco Realty Corp. and eight other law firms have been selected as Finalists for the American Lawyer Magazine Industry Awards in the Best Provider Collaboration category. In April, 2020, Kimco teamed up with Hinshaw…

Maryland Court of Special Appeals Confirms That Foreclosure Actions Are Not Subject to Statute of Limitations

During the COVID-19 pandemic, a patchwork quilt of statutes, regulations, executive orders, and court orders have imposed on again, off again, restrictions on the filing and prosecution of foreclosure cases.  Few of these specify how applicable statutes of limitations are affected, if at all, and whether a purported extension of a statute of limitations by executive order or court order is valid is an open question.  A recent decision of Maryland’s highest court, the Court of Appeals, provides some comfort to lenders that their right to foreclose will not expire before we return to “normal.”

West Virginia Supreme Court Rejects Federal “Plausible On Its Face” Standard For Motions to Dismiss Under State Counterpart of F.R.C.P. 12(b)(6)

The Rules of Civil Procedure adopted by the West Virginia Supreme Court of Appeals are derived to a large extent from the Federal Rules of Civil Procedure.  In fact, many of the West Virginia Rules of Civil Procedure track almost verbatim to the corresponding Federal Rule.   However, a November 20, 2020 decision of the West…