MSBA Annual Summit Programs Featuring Appellate Practice and Impact Decisions
The Maryland State Bar Association’s Annual Legal Summit is just two weeks away. Here are several programs from the Event Agenda that will feature appellate practice or recent impact decisions:
Wednesday, June 5
The Meaning of “Rent” and Other Key Developments in Landlord-Tenant Law
10:00 AM – 11:00 AM
2024 will mark critical developments in Maryland landlord-tenant law. The Maryland Supreme Court, in a decision expected to be issued before the MSBA Legal Summit, will clarify the statutory definition of “rent” in all residential leases under state law, as well as whether and when landlords can charge tenants fees related to the late payment of rent. Meanwhile, the General Assembly has passed legislation providing (for the first time) low-income tenants with access to an attorney in eviction cases, requiring landlords to send notice prior to filing for eviction, and mandating that landlords plead and demonstrate compliance with applicable licensure and lead safety laws when filing for eviction. This program will explore these litigation and legislative developments, focusing on both the practical implications (for landlords and tenants) as well as the key legal issues that will arise going forward in light of the Supreme Court’s 2024 ruling.
Presenters: Matthew Hill, Jamie Strawbridge, Lauren DiMartino
Recent Developments in Environmental and Energy Law
11:15 AM – 12:15 PM
This program will update attendees on recent developments in environmental and energy impacting Maryland practitioners and their clients. The topics that will be addressed include recent developments in Maryland statutes, regulations, and case law. Legislative updates will include Maryland’s 2024 legislative session including climate change, regulation of hazardous materials, and renewable energy. We also will cover proposed and recently enacted regulations from the Maryland Department of Environmental and Maryland Public Service Commission.
Presenters: Stephen Luttrell, Kurt Karsten, Barbara Zektick, Lisa Blitstein
Advanced Topics in Protective and Peace Orders in Maryland
11:15 AM – 12:15 PM
This advanced program will discuss: Jurisdiction, Governing Statutes, Basis of PO orders, Terms contained in Orders, Common Evidentiary Issues, Trial tactics, EMF v Child Support, Shielding, Appeals, and recent changes to the law.
Presenters: Marc Emden, Andrea Padley Montini, Hon. Dolores Dorsainvil
Making Amici Your Friend!
3:00 PM – 4:00 PM
In the world of appellate practice, effectively presenting our client’s position goes beyond the traditional boundaries of individual party representation. “Amici” or friends of the court, briefs influence legal outcomes in ways that extend far beyond the courtroom. Amici – which can be comprised of a diverse array of stakeholders, from advocacy groups to industry experts – play a crucial role in enhancing access to justice by providing additional perspectives and information that might not be presented by the parties directly involved. Building relationships with amici is a critical tool to connect attorneys to the intersection of law and public policy. In this presentation, appellate attorneys Anthony May, Michael Abrams, and Michele Hall are joined by Maryland Supreme Court Justice Brynja M. Booth and will discuss the best strategies for selecting and coordinating with potential amici and the attorneys’ personal experiences both garnering amicus support for their cases and representing amici in courts, including in the U.S. Supreme Court and Maryland appellate courts. Justice Booth will share the judiciary’s perspective on amicus curiae briefs, including the Court’s view on effective amicus presentations and when amici briefs can be particularly helpful. Amici relationships are not mere legal maneuvers; they shape legal outcomes and inform the appellate decisions that impact us all. This presentation provides attorneys with an engaging, succinct overview of the information needed to understand these relationships and harness their influence.
Presenters: Anthony May, Michael Abrams
Second Thoughts: The Evolving Landscape of Second Amendment Law
3:00 PM – 4:00 PM
Ever since the Supreme Court’s landmark 2010 decision in District of Columbia v. Heller, courts have struggled to make sense of the full scope and limitations of the Second Amendment’s right to keep and bear arms. With every seeming clarification, more questions arise, and legislatures have responded with increasing creativity and nuance. This presentation provides a real-time examination of the landscape of the Second Amendment right and explores the various issues that are currently being litigated and legislated, from the types of weapons (and accessories) that may be banned outright, who may be prohibited from possessing a weapon, the “sensitive places” where the carrying of weapons may be prohibited, and many more.
Presenters: Ryan Dietrich, James Astrachan
THURSDAY, JUNE 6
Navigating Corporate Governance Disputes After Plank and Eastland Food Corp.
8:30 AM – 9:30 AM
Since 2020, the Supreme Court of Maryland has issued two landmark decisions that have expanded opportunities for minority shareholders / LLC members in corporate governance litigation while creating new questions about the scope of fiduciary liability. In Plank v. Cherneski, 469 Md. 548 (2020), the court conclusively held (for the first time) that Maryland law recognized a freestanding claim for breach of fiduciary duty against the managing member of an LLC, though the court left plenty of room for argument about the precise contours of the duty and the scope of remedies available to minority members. In Eastland Food Corp. v. Mekhaya, 486 Md. 1 (2023), the court recognized a shareholder oppression claim by a minority shareholder who alleged that a closely held corporation violated his reasonable expectation of continued compensation in lieu of dividends when it terminated his employment. These two cases together demonstrate that, while Maryland corporate jurisprudence may fairly be characterized as pro-management in some respects, Maryland courts also are equipping plaintiff shareholders with tools to address corporate abuse. In this session, we will examine Plank and Mekhaya and their substantial impact on Maryland’s corporate governance jurisprudence, and we will explore litigation strategies relevant to both plaintiffs and defendants in shareholder disputes.
Presenters: David Wyand, David Sommer, Joseph Dugan
Minority Stockholder Claims in Maryland after Eastland Foods
9:45 AM – 10:45 AM
This program will provide practical insight into how the Supreme Court of Maryland’s opinion in Eastland Foods v. Mekhaya affects minority stockholder claims and impacts advising corporate boards. The Maryland business law community broadly considers the decision one of the most significant cases addressing Maryland corporate law in several years. The Eastland Foods Court interpreted and applied Maryland’s revised business judgment rule statute, CA Section 2-405.1, for direct and derivative claims against corporate directors, as well as amplified and clarified Maryland law governing shareholder oppression claims and the appropriate relief for those claims.
Presenters: Gregory Lawrence, Scott Wilson
Tips from the Top: You’ve Been Issued a Briefing Schedule – Now What?
9:45 AM – 10:45 AM
The Appellate Court of Maryland’s Chief Judge Wells, Judge Ripken, and former Chief Judge Woodward (Ret.) will be sharing their top tips on what they’re looking for in a brief, when to request argument, and do’s and don’ts while in oral argument. The Appellate Court’s ADR Division will be explaining what ADR resources remain available – even after argument!
Presenters: Crystal Curry, Andrew Fontanella, Kathryn M. Huff, Annamaria Walsh, Hon. E. Gregory Wells, Hon. Patrick Woodward, Hon. Laura Ripken
Are You Smarter Than a Law Clerk Redux, Redux, Redux
12:15 PM – 1:15 PM
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 responses or on their own! Our moderator will pose the questions to the participants, and our panel will address the issues! Join us to find out if “You’re Smarter than a Law Clerk!”
Lunch will be served.
Defamation, the First Amendment and the Press; Where might the Supreme Court be Headed?
2:45 PM – 3:45 PM
60 years ago Justice Brennan wrote in NYT v Sullivan the media ” must be protected if freedoms of expression are to have breathing space they need to survive.” Is the Supreme Court looking to reduce this protection? This program will explore the history of defamation, the media and the First Amendment, including the restrictions on bringing defamation actions imposed by earlier decisions of the Supreme Court . It will look at some recent cases that have attempted to reach the Court to pare back these restrictions and examine what sort of case the Court may be looking for to make defamation suits against the media easier to bring.
Presenters: James Astrachan
Friday, June 7
Cybersecurity and Privacy Law Update
9:45 AM – 10:45 AM
There are over a billion victims of data theft – probably including you. Lawsuits in response to data breaches are increasingly common, but so far have mixed results in determining liability and damage awards. Computer hacking, cyber-harassment, Internet defamation, and other information technology-related privacy matters invoke potential criminal/civil liability in a variety of ways under the rapidly evolving category of litigation known as “CyberLaw.” This presentation provides an overview of key privacy and computer security laws affecting all individuals and businesses in Maryland, with updates on related case law and statutes over the past 12-18 months, and insight into trends in litigation dealing with modern information technologies and CyberLaw.
Presenter: Arnold Abraham
United States Supreme Court: Term in Review
11:00 AM – 12:00 PM
The panel will discuss key U.S. Supreme Court decisions from the 2023 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.
Presenter: Derek Stikeleather
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