Jay Eisenberg was recently named to The Daily Record’s 2024 Estate and Trust Law Power List. Selected by The Daily Record’s editorial team, The Power List showcases Maryland’s power players who are leading key organizations, creating change, impacting the community and engaging others to succeed. To read more, visit The Daily Record here.
Congratulations, Jay!
The Small Business Administration (“SBA”) recently announced relief for private nonprofits and small businesses impacted by the tragic accident involving the collapse of the Francis Scott Key bridge on March 26, 2024. All such businesses impacted by the bridge collapse are eligible for an Economic Injury Disaster Loan (“EIDL”).
The EIDL provides for a loan of up to two million dollars ($2,000,000.00) at low interest rates up to a maximum of 4% per annum and a repayment term of up to 30 years. Applications for disaster loans may be submitted online using the MySBA Loan Portal at https://lending.sba.gov or other locally announced locations. The terms and conditions of the EIDL can be found at the attached fact sheet issued by the SBA.
It is advisable that you consult with counsel before applying for this loan.
BALTIMORE, MD – April 9, 2024/PRNewswire/ – Shulman Rogers, a full-service law firm offering a comprehensive range of business and personal legal services, today proudly announced the addition of three esteemed Baltimore-based attorneys – Joshua Glikin, Matthew Hjortsberg and Schyler Bailey – to its roster. This is the first phase of a strategic expansion into Baltimore where the firm will soon open a new office.
The new Baltimore presence underscores Shulman Rogers’ commitment to extending its services to a broader clientele. “Our vision is to bring the same dedication and excellence in legal service to the Baltimore community that Shulman Rogers is known for. With the addition of Josh, Matt and Schyler, we’re poised to deliver unparalleled legal guidance to our existing and new clients in this vibrant city,” Managing Shareholder, Sam Spiritos added.
The Baltimore office will be staffed with distinguished legal talent known for their exceptional service in the Baltimore community:
Joshua Glikin brings expertise in intellectual property litigation including technology disputes, patent, trademark and copyright infringement matters and trade secret misappropriation. His business litigation experience includes class action defense, false advertising and unfair competition claims, employment discrimination and restrictive covenant disputes, securities fraud claims and a wide range of partnership and commercial contract disputes.
Matthew Hjortsberg has extensive experience representing commercial contractors, subcontractors, design professionals and owners in complex construction and business disputes. He regularly represents private companies and owners, officers and directors, in arbitration, mediation and litigation proceedings in state and federal courts. Among his many accolades, Matt has been named to the Maryland Top 100 Super Lawyers list repeatedly and was designated Lawyer of the Year for Construction Law in Baltimore.
Schyler Bailey is a highly skilled litigator who brings a wealth of experience to her construction law practice, working directly with clients to manage risk and handle a variety of cases from inception to resolution. She is actively involved with the Building Congress & Exchange, where she serves as a Board Member and Young Professionals Committee Chair, and the Maryland State Bar Association, where she serves on the Construction Section Council.
“After serving clients in Baltimore and beyond for many years, it is with great excitement that we join the well-established firm of Shulman Rogers,” says Matthew Hjortsberg. “Josh, Schyler and I are proud to play a pivotal role in this expansion.”
About Shulman Rogers
Shulman Rogers is a full-service law firm with a breadth of experience across numerous legal specializations. Founded on principles of trust, integrity and the delivery of outstanding legal services, the firm has built its reputation on years of exceptional advocacy across the Mid-Atlantic region. For more information about Shulman Rogers, please visit ShulmanRogers.com.
Q: Bianca, tell us about Judge Callahan and how her mentorship has impacted you.
A: Bianca: Judge Callahan is a wealth of knowledge. She is actually blow-your-mind-brilliant. She is so smart, but also maternal with me, which makes her someone whose advice is invaluable to me. I think of her as my real life Ruth Bader Ginsburg.
Q: Can you point to some unexpected lessons you learned from her?
A: Bianca: She taught me to look outside the box. Family law attorneys and judges do hard work that has lasting impacts on people’s lives; we have to get it right, and sometimes the answer does not directly lie within the letter of the law – but is more nuanced – and in the gray areas. We have to get creative sometimes to find the right solution.
Judge Callahan also taught me to trust myself – because if a super-smart, well-respected, trailblazer like Judge Callahan can trust me to do some of the hardest work there is, there isn’t any reason that I shouldn’t trust myself, too.
Q: Judge Callahan, it sounds like you’ve imparted some great life lesson and career guidance to Bianca…what challenges have you overcome – and how?
A: Judge Callahan: I went to law school during the first wave of classes where enrollment of men and women was nearly equal. Even so, when I graduated, the profession was still dominated by men – especially in decision making roles like firm partners and judges. There were many moments when I was treated differently – sometimes dismissively and without respect. I was pretty good at getting along with men and not taking too much grief…but my approach was simple…I made sure to outperform my male colleagues, usually by working longer hours.
Once I began my family law career, I was fortunate to work for two male partners who were very supportive of me. That said, I still worked very long hours to ensure that I was valued by the firm – and when I decided to have a family, the partners were very supportive of my taking maternity leave at a time when most employers did not recognize that type of leave. Taking the leave did not hurt my career or my track to partner.
I recognized, however, that getting that kind of leave was unusual, and so I committed myself to seeing that my “special” treatment was not unique. When I got to be a partner, and was the only female partner, I made sure that we hired more women and that those women understood that they, too, would not pay a price for having and raising children, if they chose to continue their career in the law.
As time went on, the profession slowly changed as more women came into positions of influence. It is heartening to now see not just one, but multiple female partners in a law firm – and even all women firms — and to see women as bar leaders, managing partners and in other leadership roles.
Q: Can you provide examples of how you have helped younger attorneys navigate the complexities of the legal profession and personal challenges?
A: Judge Callahan: In my private practice, I helped recruit a number of women to do family law. This is a very hard practice and it is not for everyone. I always took time to get to know our associates, and because I was the only female partner, the women often sought my advice and guidance. With some of these young lawyers, it was clear to me that they had real talent and were destined to be good lawyers, but perhaps not in the private practice. Rather than just encourage them to leave the firm, I helped them to find a way to use their talents in other areas of the profession.
After I became a judge, I had wonderful law clerks who were just starting out in their careers. I got to know my clerks very well since we worked so closely together. I had the pleasure of seeing these young lawyers, most of them women, grow and learn. We had time to discuss their ambitions, what they liked about the law, what they didn’t like or want. I hope that I was able to give each of them some perspective on what it was like to be in private practice and how it was possible to dedicate one’s life to the law while also raising a family, and having a spouse.
I tried to impart that if one wants to be a successful lawyer, there is simply no substitute for hard work. But there are equally important qualities that are essential for success – empathy for litigants, understanding your opponent and his/her client, guiding your client gently but firmly to the proper goal, being true to oneself and one’s own values, conducting oneself with humility and having a sense of humor!
Q: What advice do you offer to women as they become leaders in their firm or on the bench?
A: Judge Callahan: For those who are becoming leaders, it is important to understand that it took many pioneers to get us to where we are now and that it is imperative that they pass on that knowledge to the next generation. The position of women in this profession cannot be taken for granted; it must be nurtured and encouraged.
UPDATE: We reported our proud involvement with the Dulles Town Center deal back in December of 2023. We’re thrilled that the deal has been included on the Washington Business Journal’s 2024 Best Real Estate Deals list!
POTOMAC, Md. –Shulman Rogers is pleased to announce the successful completion of a major acquisition on behalf of its esteemed client, Srinivas Chavali, Director of Virginia Investment Properties LLC. The acquisition involved the purchase of Dulles Town Center Regional Shopping Mall, a 1.5 Million Square Foot shopping center situated on 125 acres in Loudon County, Virginia.
This strategic move underscores Chavali’s commitment to expanding his real estate portfolio and investing in key commercial properties in the DC Metropolitan area.
Real Estate attorney, Ben Smith led the Shulman Rogers deal team, including Danny Krakower and Rebekah Paradis. Of the transaction, Chavali said, “Ben collaborated seamlessly with the other parties involved to ensure a cohesive and efficient process. As a buyer, navigating the complexities of a real estate transaction seemed daunting, but Ben and the Shulman Rogers team made the entire experience remarkably smooth and stress-free.”
To read more about this transaction, click HERE.
About Shulman Rogers
Shulman Rogers is one of the largest law firms in the Washington Metropolitan area, offering local, regional and national clients a full range of business and personal legal services. The firm’s experienced attorneys provide sophisticated, comprehensive legal counsel for clients in corporate, mergers and acquisitions, startup, real estate, litigation, employment law, family law and estates and trusts services. Additional information on Shulman Rogers and its practice areas is available at ShulmanRogers.com.
Lori Swim | Media Relations
T 301.255.0527 E lswim@shulmanrogers.com
January 26, 2024 – Mike Nakamura obtained a $2,060,291 verdict for a grieving widow arising out of medical malpractice in Jacksonville, Florida. After a bitterly contested trial, a federal judge made the award.
The deceased husband was 54 years old and had been ill with a flu-like illness for several weeks. He had visited the emergency room three times. In a fourth visit, this time to his family practice, the health care provider diagnosed him with a common cold, despite symptoms that were inconsistent with a cold, such as lightheadedness, shortness of breath and night sweats, and despite not having a runny nose, sneezing, watery eyes, fever and other symptoms of a cold. He told the healthcare provider that he did not believe he had a cold or the flu, and he specifically requested bloodwork to find out why he was not getting better. Yet, the healthcare provider ignored the red flags and his request for bloodwork. She noted that he had a cold, and did not order a complete blood count. Instead, she ordered a lipid or cholesterol test, completely unrelated to his illness. Several days later, he was hospitalized and after bloodwork, was found to have pancytopenia (a decrease in all 3 blood cells) and passed away in the next 48 hours.
Mike was able to obtain the proper medical experts and prove that the husband more likely than not had an evolving blood cancer, lymphoma, and that had the bloodwork been obtained a week earlier, he would have been diagnosed, hospitalized, stabilized and then treated, which would more likely than not have saved his life. Mike was able to demonstrate that this cancer had an 83% survival rate, and the deceased would have survived with timely diagnosis and treatment. There was no settlement offer, and we are so honored to have represented the widow in obtaining this hard-fought result, which will assist her in moving forward in her life.
JANUARY 24, 2024 FROM 10:30 AM – 12:00 PM
VIA ZOOM
During this webinar, Shulman Rogers’ Employment Law Group Co-Chair, Merry Campbell will join Michele Stein, Area Senior Vice President of Gallagher, to discuss the Employment Law issues we faced in 2023, how we handled them and what to expect in 2024.
We will outline recent changes to federal and local employment law, things to consider when planning for a return to the office, policy updates, leave issues, wage disclosure, restrictive covenants, wage classification and other issues that impact your people.
In keeping with our ethical obligations, no legal advice will be given during the program.
The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.
POTOMAC, Md., December 14, 2023 — Twenty-one Shulman Rogers attorneys have been named to the 2024 Maryland Super Lawyers and Rising Stars lists.
Shulman Rogers attorneys named as Maryland Super Lawyers, recognizing the top five percent of lawyers in the state, include:
Shulman Rogers attorneys named as Maryland Rising Stars, recognizing the top 2.5 percent of up-and-coming lawyers in the state, include:
Attorneys are named to Super Lawyers through a process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. In addition to the recent Super Lawyers listing, the firm and its attorneys are frequently acknowledged by respected publications including Best Lawyers, Washingtonian Magazine, The Washington Post Magazine and Bethesda Magazine.
About Shulman Rogers
Shulman Rogers is one of the largest law firms in the Washington Metropolitan area, offering clients a full range of business and personal legal services to regional and national clients. The firm’s experienced attorneys provide sophisticated, comprehensive counsel for clients, including real estate, corporate, litigation, employment, startup, as well as a full cadre of personal legal services. Additional information on Shulman Rogers and its award-winning attorneys is available at ShulmanRogers.com.
Shulman Rogers abhors and condemns the terror and inhumane massacre perpetrated on innocent Israeli civilians, including many women, children and babies, by Hamas, a terrorist organization.
To support humanitarian efforts in Israel, the firm has donated to United Hatzalah, an independent, non-profit, fully volunteer emergency medical service organization that provides medical service throughout Israel regardless of race, religion, or national origin.
On August 29, 2023, the U.S. Department of Health and Human Services (HHS) issued a letter formally recommending the U.S. Drug Enforcement Administration (DEA) re-classify cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance under the federal Controlled Substances Act.
Schedules
Since the founding of the DEA in 1970, cannabis has been listed as a Schedule I substance. Under federal law, Schedule I drugs are defined as having “no currently accepted medical use and a high potential for abuse.” Along with cannabis, other Schedule I drugs include heroin and LSD.
Under federal law, Schedule III drugs are defined as having “moderate to low potential for physical and psychological dependence.” Schedule III drugs include ketamine, anabolic steroids, and testosterone.
HHS Recommends Reclassification[1]
Pursuant to the Controlled Substances Act, the HHS Secretary and Attorney General began their review of how marijuana is scheduled under federal law last year. HHS completed the administrative process in less than 11 months, reviewing eight factors: (1) its actual or relative potential for abuse; (2) scientific evidence of its pharmacological effect; (3) current scientific knowledge regarding the drug and other substances; (4) current pattern of abuse; (5) the scope, duration, and impact of abuse; (6) whether there is (and if so what) risk to public health; (7) its psychic or physiological dependence capability; and (8) whether the substance is an immediate precursor to an already controlled substance.[2] After comprehensive evaluations, HHS provided its recommendation for marijuana in a letter to the DEA on August 29, 2023.
Next Steps
The DEA has the final authority to reschedule a drug under the Controlled Substances Act. Therefore, the DEA will now initiate its review based on the information provided by HHS. If the DEA determines the drug should be reclassified, then it will begin the formal rulemaking procedures, as required by the Administrative Procedures Act (APA). Once the formal rulemaking process is complete, an administrative law judge (ALJ) will decide whether to adopt the regulation. If the ALJ adopts the regulation, it will be published in the Federal Register.
Impact
If cannabis is rescheduled to Schedule III instead of Schedule I, the drug will still be federally illegal. States will continue to have the power to legalize cannabis but do not have to. This also means that interstate commerce in cannabis would not, technically, be legal.[3]
But it does mean that Section 280e of the IRS tax code will no longer be a barrier to cannabis businesses. 280e prohibits state-licensed cannabis businesses from claiming standard business deductions (which are available to every other business in America) and applies to Schedule I and II substances. If cannabis were reclassified to Schedule III, cannabis businesses would have an opportunity to increase their cash flow by claiming the deductions. More cash flow could lead to greater ability for businesses to take in debt for improvements and expansions.
It also means that institutional lenders may be more willing to be a source of capital for cannabis businesses. The reclassification may signal to risk-averse investors that the federal government views cannabis as less of a problem than it once was, and these investors may see the opportunity to get involved as less risky. This may further lead to stimulation of the lending market, which would, hopefully, reduce high-interest rates imposed on current loans in the cannabis space. Further, if the SAFE Banking Act is passed, financial institutions would be exempt from liability and penalties for seeking out opportunities with marijuana businesses that are compliant with state law.
Questions
For now, we must sit and wait to see what the DEA decides, but this is nonetheless a historic step in a direction that would have a strong impact on cannabis businesses. If you have additional questions, please reach out to your Shulman Rogers Attorney.
[1] Reclassification (or rescheduling) is distinct from descheduling. While rescheduling would transfer cannabis to another schedule (i.e., Schedule I to Schedule III), descheduling completely removes cannabis from the list of controlled substances entirely. SMART, Understanding The Difference Between Rescheduling and Descheduling Cannabis, September 6, 2023, https://studentmmj.com/rescheduling-and-descheduling-cannabis/#:~:text=Rescheduling%20moves%20cannabis%20to%20a,it%20more%20like%20common%20items.
[2] Bradley Arant Boult Cummings LLP, To Reschedule or To Deschedule: That is the (Marijuana) Question, September 20, 2023, https://www.lexology.com/library/detail.aspx?g=fc68e77a-d321-4a4a-abdf-0e13553f0a8f&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+d.
[3] While interstate commerce may remain illegal, the possibility of rescheduling may impact the ability to advertise across states.
The Corporate Transparency Act was enacted to combat money laundering, fraud, and other illicit activities by increasing transparency in corporate ownership. Under this law, certain corporations and limited liability companies (LLCs) are now obligated to disclose their beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). Beneficial ownership includes any individual who directly or indirectly controls an entity or who owns or controls 25% or more of equity of the entity.
Personally identifying information about the beneficial ownership of non-exempt companies must be disclosed to the Financial Crimes Enforcement Network (FinCEN). Compliance with the CTA is essential, as non-compliance can result in substantial penalties and even prison time.
All corporations, limited liability companies (LLCs) and other companies that are formed by a filing with a State or Indian tribe and certain foreign companies that are qualified to do business in the US. Companies that do not exist by virtue of a filing with a State are not covered. For instance, a common law partnership or sole proprietorship is not subject to disclosure requirements.
The following companies are Exempt from filings:
“Large Operating Companies” defined to be a company that:
21 other types of companies that are highly regulated and meet the specific requirements of the regulations including:
Inactive entities meeting all of these requirements:
For each Beneficial Owner and Company Applicant the following must be submitted:
A FinCEN identifier may be obtained in advance which will eliminate the need to provide the information about the individual with the FinCEN identifier. The holder of a FinCEN identifier must report any change in the information submitted to obtain the identifier within 30 days of the change.
Filings will be done electronically. The electronic filing system is not yet available.
This is the individual who files or directs the filing with the State to form or qualify the company to do business.
For companies formed prior to January 1, 2024, no information about a company applicant is required.
Beneficial Owner is defined as:
any individual who, directly or indirectly, either
An individual exercises substantial control over a reporting company if the individual:
An individual may directly or indirectly, including as a trustee of a trust or similar arrangement, exercise substantial control over a reporting company through:
Ownership or control of ownership interest can be found directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, including:
The penalties for providing inaccurate information or not filing are significant: a civil penalty of $500/day that a failure or inaccuracy exists and criminal penalties of up to $10,000 or 2 years in prison, or both.
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This is a summary of the laws and regulations in connection with the Corporate Transparency Act. This is a summary only and there are important details that may apply to an individual situation. Reference is made to the Act at 31 USC 53 Subch II Section 5336 and the regulations at 31 CFR Part 1010.380. You are strongly advised to read the law and regulations and consult with an attorney or other professional before filing or deciding not to file.
In addition, FinCEN has published a Small Entity Compliance Guide, FAQs and other information here.
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The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers CTA Task Force.
To receive future Client Advisories, Alerts, and other timely news and information from Shulman Rogers, please subscribe HERE.
