Can anyone walk into a Maryland courthouse and read the details of your divorce? In this episode of JGL LAW FOR YOU, David Bulitt and family law attorney Christopher Castellano break down Maryland’s new divorce privacy law, which takes effect October 1, 2026. Until now, anyone could ask to see the complaint, answers, and other filings in a divorce case. Under the new statute, the public can see little more than the fact that a case exists and the final judgment of absolute divorce.

David and Chris explain what the law does and does not change, including why Maryland Judiciary Case Search will still show a case’s docket; why your spouse, the attorneys, and the judge will still see everything you file; and how the statute fits with the existing rules on restricted information in court filings. They also draw an important line between privacy and secrecy and explain why the new law is no reason to be less careful about what you put in a filing.

For anyone who has put off filing for divorce because they don’t want to air their dirty laundry, whether over allegations of abuse or adultery or because they run a business and don’t want customers finding their case records, this episode offers a clear look at what will stay private, what won’t, and why any concern about sensitive information is worth raising with your lawyer early.

David Bulitt: [00:00:00] Welcome to JGL Law for You. JGL Law for You is a podcast by lawyers, but not for lawyers only. On JGL Law for You, we will be discussing a wide array of topics to help you navigate the many legal processes,

Chris Castellano: developments in the law, other current events, and how they may affect you, your family, or your business.

David Bulitt: We’re back in the family law environment speaking with my law partner, Joseph, Greenwald & Laake, family law specialist, Chris Castellano. Welcome back again, Chris. Good to have you.

Chris Castellano: Thanks for having me, David.

David Bulitt: All right. So today let’s dive right in. We’re talking about confidentiality. What’s secret? What is kept confidential from the public in divorce cases? Can anybody read what happens during the course of your divorce? I mean, most people, right, Chris, assume that personal and financial details of their divorce are private, but that’s not always been correct, has it?

Chris Castellano: Well, that’s right. I mean, so right now, and I’m going to use that very specifically because we are [00:01:00] recording this podcast still in September, right? And so as of October 1, there’s some new privacy changes that we’re going to see with divorce filings. However, so let’s talk about the world pre-October 1, and then we’ll talk about post-October 1. And so you’re absolutely right. There’s a perception that when you file in Maryland, file a divorce case, that, oh, that’s a private situation. It’s a family matter. And Dick and Jane can’t go to the courthouse and get that information. Well, in fact, that part’s not true. Anyone can go to the courthouse and say, I want to look up X, Y, and Z case number. Now, there’s caveats to that that have always been in place. Can you see child information? Can you see child support guidelines or full agreements?

The answer is no. That has always been part of, let’s call it the overall privacy of a divorce case. But when you’re talking about the complaint, answers to the complaint, [00:02:00] various different filings that occurred, all of those items have been veiled from the pub, have been open to the public and not veiled. And there’s a policy reason behind that, is that the general public is somewhat entitled to understand what the judiciary is doing, right? This is a foundation of the government and country type of discussion in that way, is that we, the people, so to say, should understand what’s happening with the judiciary. And so now let’s change our focus to what the Maryland General Assembly has changed. And what they decided was, okay, we’ve got a situation here with divorce filings. Should they remain open or should we start implementing some level of privacy?

And they decided during this last main session to go ahead and implement a level of privacy protection. And that means that unless you are one of the specifically [00:03:00] identified persons under the statute, then you don’t have access to a divorce filing, right? So that means your complaint for divorce agreements, et cetera, et cetera. The only thing that the statute allows to be open is that there is a judgment of absolute divorce decree. And you can see that. That’s about it.

David Bulitt: So let me just ask a question because, you know, there’s going to be some lawyers listening to this. And so let’s ask the lawyers question. There’s a search that pretty much anyone can access online, the Maryland Judiciary Case Search. And most states have something similar where you can plug in a party’s name and up will come, assuming you plug in the right information, up will come various docket entries. We call them things that have been filed in a case. Not the substance of what’s been filed, but the items themselves, i.e. a complaint or there’s a notice of hearing or so forth. Is that no longer available to anyone to look at?

Chris Castellano: My understanding of this new statute, which will go [00:04:00] into effect as the General Provisions section 4-101 and 4-305.1, right? Does not change how the Maryland Judiciary Case Search is operating, which is what you’re referring to. This is specific to a clerk of the court allowing access to a physical file.

David Bulitt: I see. Okay. So this is not what’s available online, which isn’t very much, but it’s access. If you want to go down to the courthouse and see what’s happening in Chris Castellano’s crazy divorce case, I can’t get to that file anymore.

Chris Castellano: Well, that’s right. And, you know, it’s interesting for us practitioners. We’re all too familiar with the Maryland Judiciary Case Search. We’re all too familiar with the Odyssey File and Serve, the MDEC. And then we’re similarly all too familiar with the Maryland Judiciary Record Search. Those three distinct online servers. And you can go on to the case search and see the general docket with [00:05:00] virtually no usable information, just that, hey, document A was filed on date B. We know that. So then your Odyssey eFile and Serve, well, that doesn’t do a whole lot because that just allows you to actually file a document. And users can see when it was filed, et cetera. But it’s the Maryland Judiciary Record Search that serves, once you sign in, serves the same purpose as the Maryland Judiciary Web Search. However, if you are a counsel of record, you can actually access all the pleadings as if you’re physically in the court.

So the question that I have with this new statute is that are we going to see a change in large to all of these online repositories? Because they’ve already implemented somewhat of a restriction of access when it comes to the Maryland Judiciary Record Search because you have to be a counsel of record. And so if that’s already implemented online well [00:06:00] before this statute’s coming into play, what other changes are we going to start to see?

David Bulitt: Okay. So, I mean, I think everybody understands why folks would assume that certain things are private in a divorce filing. Not everybody should know what I have. Not everybody should know the details of my divorce, what’s going on with my kids, whatever the case may be. But what subsequent to this law going into effect in a couple of days, what remains public? What can the public still see?

Chris Castellano: Yeah, the public can still see that a, I suppose that a case has occurred and there’s a case number associated to a plaintiff and a defendant, as well as they can get access to the actual judgment of absolute divorce. Can they get access to the agreement that’s been incorporated into the decree? No. No. But frankly, David, as you well know, you haven’t been able to get access to that agreement. So what this is really doing is, yeah, it doesn’t [00:07:00] change. So what we’re really looking at is just restricting access to all of the prior documents.

David Bulitt: Okay. And it’s outside, folks. If I’m a litigant in this particular case, I can still go and get a copy of my file and look and see what’s in there, right? Right.

Chris Castellano: That’s right. That’s right.

David Bulitt: And just to follow up on that, just so that folks are clear, in the old days, and I say the old days may have been before your time, but certainly during my time, whenever there were materials produced, there were bank statements, there were photographs or other things of evidence that were produced during the course of litigation, those things got put into the court file. But they have not been for some time, right?

Chris Castellano: Correct.

David Bulitt: And this law doesn’t change that at all. It doesn’t change. We no longer file what we lawyers call discovery responses themselves in a jacket for even for a party to go down to the courthouse. It has to have gotten them themselves or seen it through their lawyer, right?

Chris Castellano: Well, that’s right. I mean, it’s interesting. [00:08:00] In fact, in my personal experience, just last week, a pro se individual representing themselves tried to file discovery requests through MDEC, like the e-filing. But because they selected e-serve and file, the court, the clerk actually rejected that because it’s not supposed to go through that and it can’t be filed because we can’t have discovery requests in the jacket, just as you suggest. So, yeah, that’s not changing, right? Discovery requests are still not supposed to be filed. It’s there’s an interesting layer to this of what’s going to happen next, right? What’s the next step? Does that mean that we’ll start to see more stuff officially filed? I don’t know the answer to that part. So could we see a future where we actually are filing discovery requests? All right. That’s a good question.

David Bulitt: Yeah. And along those same lines, let’s talk about the difference between privacy and secrecy. There’s a big difference. I mean, a lot of people think of them as the same. Well, if it’s private, [00:09:00] it’s my secret, you know, whether it’s in my personal life or day-to-day life, whatever it is. But when we’re talking about this type of a circumstance, litigation, what folks can see and what they can’t see, there’s a difference, is there not, between what’s private and what’s secret?

Chris Castellano: Well, right. You know, when we talk about the secret, at least, and this is, I guess, and I suppose somewhat subjective, but it tends to insinuate a level of a desire to prevent someone from learning information. An individual filing something would expect like, oh, this is going to allow me to be more secretive and maybe I file this document and only the judge is going to see it. Well, no, that’s not true. Your spouse is going to see the information that’s filed in the case. What this statute is doing is preventing the public, people that are not associated with your case, from seeing this information. And so, you better believe that your other spouse is going to see anything that’s filed in this case. The other attorneys [00:10:00] that are associated with this case are going to see anything filed. And just like the judge would see it or any other experts or associated people that have an interest in this case will still have access to the documents.

David Bulitt: Is there any connection or conflict between, potential conflict, between this new statute and how it, you know, and how it interacts with Maryland’s rules, existing rules, that would continue to stay in place after October 1 pertaining to access to judicial records?

Chris Castellano: Yeah, I’m so glad you brought this up. The short answer is that this new statute, 5.1, as far as I’m concerned, does not address kind of those, the cross statutes that we would come to think of. I immediately go to the Maryland Rules 20-201 and 20-202, right? And these are the rules that are now implemented for e-filing where you need a notice of restricted information. All the lawyers out there are probably groaning because the NORIs, as we call [00:11:00] them, or notice of restricted information is a source of frustration to say at least. Because you could easily get a document that is kicked back from the clerk because it doesn’t have a NORI or the NORI doesn’t cover everything adequately, whatever it may be.

David Bulitt: All right. So, Chris, you refer to this word NORI. Can you tell folks what that is exactly?

Chris Castellano: Yeah, NORI. When I say NORI, I refer to a notice of restricted information. So, it’s a relatively new statute and rule that requires litigators to submit a form that identifies to the clerk that a document you’re filing with the court has what they refer to as restricted information. You know, so this could mean anything from financial information, bank account number, other personally identifying information, or information related to children and children expenses, etc. Right? All of that information is restricted by way of the rules. And you have to identify to the clerk [00:12:00] that the document you’re filing has that information.

David Bulitt: Okay. And so, let’s toggle for a minute and take all of this and sort of subsume it into what practical advice can you give to someone who’s getting ready to or going through a divorce based upon the implementation of this new statute? What should people consider? What should they think about? What should they do or not do?

Chris Castellano: Yeah, so, I mean, listen, one of the biggest takeaways is almost not a new or novel concept. It’s that just because we have a new what we’ll call privacy law going into effect doesn’t mean that you should say, oh, you know, the public’s going to have less access to my records. So, it’s open season. I’m just going to tell the court everything. A certain level of, certainly you have to maintain the same candor that you would with the court in your filings. But that doesn’t mean that you just dump all the information out there with the expectation [00:13:00] that it’s going to be private. Because, again, there’s a difference between secrecy and privacy. So.

David Bulitt: So, again, for clients, for folks out there, lay people who might be going through this, isn’t it a good idea when their lawyer says, here, we need to answer these questions, we need to provide these documents. If there’s something that you’re concerned about, you should raise that with your counsel. You should ask them if this is something that I have to provide. Is there something that the other side is going to see? Doesn’t that make sense?

Chris Castellano: Yeah, absolutely. I mean, I think that access to information is the tug of war that is inherent with representing these clients. Because, you know, certainly a client and the lawyer has similar and also somewhat independent obligations of candor to the court as well as to the other side to provide information. But you want to do that in a way that you are looking out for the best interests of not only your case, your client, but the court system overall.

David Bulitt: This day and age, we talk about CTAs, a call to action. [00:14:00] What’s your call to action for people out there listening who are, again, either thinking of on the brink of or during the course of getting a divorce litigation, a very real lawyer and so forth?

Chris Castellano: Yeah. So, and I’m sure that you’ve come across this plenty of times. There’s a lot of clients that are reticent to file for divorce because they, quote unquote, don’t want to air their dirty laundry, right? But this offers a level of mental security, if you will, that just because you are filing a case as of October 1, 2026 doesn’t mean that the whole public is going to have access to your case. There’s people up and down the socioeconomic ladder that have these concerns. It could be because the complaint has allegations of abuse, could be allegations of adultery, spending money in frivolous ways, whatever the allegations may be. Or it may be because you’re at the top of that ladder and you’ve got multimillion [00:15:00] dollar businesses and you don’t want potential customers who scour the internet for case records related to people to see the fact that all these documents are out there.

So this does offer a layer of protection and, again, privacy, not secrecy, but privacy to ensure that your business stays your business. It’s interesting, though, David, that the governor did veto the Senate bill as it was passed and the Senate overturned that veto in August. And so there is an interesting layer of you wonder what the impetus for a veto was when at the end of the day, the idea is to protect that information and keep it private. Because with so much of everyone’s lives being public, why does what could be considered the worst, worst time in someone’s life? Why does that have to be public as well? It’s just an interesting discussion, perhaps for another day or perhaps for a different [00:16:00] podcast. But the takeaway, privacy matters. And now in Maryland, as of October 1, 2026, we’re going to have a new ability to ensure that at least in our little world of divorce cases that we can ensure a layer of privacy.

David Bulitt: All right, folks, as always, Chris Castellano is a plethora of information, but all that information may very well lead to questions. And if they want to ask those questions or reach out to you, Chris, what’s the best way for them to get to you?

Chris Castellano: Yeah, as always, contact me at Joseph, Greenwald & Laake. My direct number is 240-399-7881. And I would be happy to talk about any privacy concerns relative to divorce matter that you may have.

David Bulitt: All right, as always, folks, we appreciate you being here. We appreciate you listening in. I appreciate having my law partner, Chris Castellano, take the time from his day to try to answer some questions, not only for everyone out there, but for me as well. This is David Bulitt, and this is JGL Law for You.

In a September 21, 2026, interview published by Medical Economics, Valerie Grove breaks down the rapid AI adoption within the medical industry and how it affects physician and staff liability in medical malpractice cases.

Physicians are increasingly using AI as electronic scribes, dictating every examination and symptom as they diagnose. But physical exams rely on senses AI cannot replicate, and this gap can lead to hallucinations and missed symptoms, especially as physicians grow more reliant on the tools. Liability, Valerie notes, is unlikely to rest with any single party. Physicians, health systems, and AI developers may all share responsibility depending on how a tool was built, validated, and used, and because AI is not yet part of the standard of care, physicians face a difficult balance between relying on an opaque tool and overriding it.

“Proceed with caution. Extreme caution. Review every output every time. Use your training, your experience, and your judgment, and do not become overly reliant. That’s where the errors occur,” Valerie said.

Watch the full interview, “Can physicians be sued for AI mistakes?” on the Medical Economics website.

Maryland law imposes high standards on trustees and personal representatives. These are the top six warning signs that a trustee or a personal representative may be breaching his or her fiduciary duties to a beneficiary. If some or all of these red flags are present, it is a good idea to contact a lawyer to protect your rights.

1. Lack of communication

If you are a beneficiary of a trust or a will, the trustee or personal representative has a duty to communicate with you. If that fiduciary is ignoring or evading you, this may result from a lack of understanding of his or her duties to you, but it may also be an important warning sign that the fiduciary has engaged in misconduct or is actively hiding misconduct and hoping you give up and go away. Put your communications with the trustee in writing.

2. A refusal to share a copy of a trust or will

If you are a person who is a beneficiary under a will or trust, the trustee has a duty under Maryland law to give you a copy of the trust. E.T. § 14.5-813(a). While Maryland law does not expressly impose a duty on a personal representative to provide a copy of the will to a beneficiary, it is a public document on file in the courthouse. A personal representative’s refusal to give a beneficiary a copy of the will is a red flag because there is no good reason to refuse to provide a copy to a beneficiary.

3. A failure to maintain records

A fiduciary such as a trustee or a personal representative owes a duty to maintain records of financial activity and assets. I once had a case involving a trustee who was sued for a failure to account for his use of trust assets. His explanation was that he did not maintain records because he was “an electronic guy,” and he claimed he would just lose paper receipts. This is no excuse. Maryland law is clear that “[i]f the trustee fails to keep proper accounts, all doubts will be resolved against him and not in his favor.” Jacob v. Davis, 128 Md. App. 433, 448 (1999).

4. Financial records that reflect payments or withdrawals to “cash” or other suspicious transactions

When financial records are obtained, it is important to scrutinize the financial transactions closely. Do the bank records reflect $3,000 in trendy clothing and makeup purchases while an elderly man was in hospice care? Do the bank records reflect $10,000 in cash withdrawals? While it is possible there may be a legitimate reason to make a cash withdrawal from a fiduciary account, it is a red flag for the obvious reason that cash withdrawals are difficult to track and these untraceable funds can easily be misappropriated by a fiduciary.

5. The decedent “told” the trustee or personal representative to conduct financial transactions that amount to financial malfeasance

When highly suspicious transactions are discovered, it is a red flag if the fiduciary’s response is that the questionable conduct was authorized based on a conversation between the fiduciary and the decedent (as opposed to written approval by the decedent of the transaction in question).

6. A refusal to disclose financial activity of the estate or trust

A fiduciary such as a trustee or a personal representative owes a duty to account to beneficiaries. A personal representative owes a duty to account for his or her management and distribution of estate property. E.T. § 7-301. If requested by a qualified beneficiary, a trustee shall provide an annual “report” on trust activity. E.T. § 14.5-813(c)(1).

If you encounter any of these challenges, any attorney experienced in fiduciary law can help you assess the situation and determine what steps may be appropriate.

In this episode of JGL LAW FOR YOU, David Bulitt and family law attorney Christopher Castellano explore how Facebook posts, Instagram reels, videos, jokes, comments, and even seemingly harmless online venting can take on an entirely different meaning inside a custody dispute.

Using the highly publicized Lindsay Clancy trial as a backdrop, they break down how social media can be introduced as evidence, how a sarcastic or out-of-context post can take on a very different meaning in court, and how a single post can raise questions about judgment, parental fitness, credibility, or a parent’s ability to put their children first.

Listeners will also hear practical guidance for navigating social media before and during family law litigation, including why you should never litigate your case online, why angry posts about a co-parent can come back to haunt you, and the simple test Chris recommends before you post: Would you be comfortable explaining it to a judge?

David Bulitt: [00:00:00] Welcome to JGL Law for You. JGL Law for You is a podcast by lawyers, but not for lawyers only. On JGL Law for You, we will be discussing a wide array of topics to help you navigate the many legal processes, developments in the law, other current events, and how they may affect you, your family, or your business.

I’m back here with my partner and family law expert, litigator, family lawyer in Maryland and the District of Columbia, Chris Castellano. Welcome aboard, Chris. Good to have you back this month.

Chris Castellano: Thank you again, David

David Bulitt: Today we have a very interesting and somewhat different conversation. We’re peeking into the news, and anyone who has not been under a rock or looks at the news has been advised of or seen information regarding the Lindsay Clancy trial, which is taking place in Massachusetts as we speak.

This is a young woman who was accused of, and has since admitted to, murdering her three young children. Now, we are not here [00:01:00] today to talk about the merits of that case, the merits of her insanity defense, or any other such thing, but what the case does is bring up a very interesting, interesting issue that arises in the area of family law, and that is specifically what effect, if any, can the use of social media, and many of us have our Facebook pages, our Instagram pages, X, LinkedIn, and various other social media platforms.

What effect can our posting, the information that we put up on those social media pages, have on our own custody cases? So, Chris, take us off and let’s start there. And I know we’ve got the Clancy trial as a backdrop. We’re going talk more about that, but let’s talk specifically at the moment about the impact and then concerns about social media postings on a divorce or custody case.

Chris Castellano: Yeah, David, I mean, it’s [00:02:00] always such an interesting issue. You know, social media is so ubiquitous, and it has been ubiquitous for quite some time now. You know, it’s relatively old hat to say that this is new technology that can be used against you in a trial, right? You know, we’ve, we’ve had, since I’ve been practicing, we’ve had social media that is evidence and can be used as evidence in a trial.

But whenever we have some topic that enters the social zeitgeist, which is right now, this Lindsay Clancy trial, this issue comes up again, which is people going out there and, and posting their opinions, posting their thoughts, posting their analyses, and the question variably becomes, “Is this going to play a part in my custody trial?”

Right? You could say the same about your alimony trial or hearing or your, you know, request for some type of distribution, your family or, or any other non-family related litigation certainly. But [00:03:00] for our purposes today, yeah, how can it affect custody? And we’re not suggesting, just to be clear to our listeners, we’re not suggesting that you can’t use social media, you can’t use your right to speak to post an opinion.

The question that I want to instill in our listeners is when you post something online, are you comfortable explaining what that post means to a judge? Right? ‘Cause that’s the question. You can post whatever you want all day long, and that’s fine, but are you prepared to explain what that post means to a judge in the context of a custody case?

David Bulitt: Tell us a little bit about how someone’s posts can become evidence. What sort of factors can they support in either the other side’s argument or their own argument that they’re fit or unfit for custody?

Chris Castellano: Well, that’s right. Here in Maryland, the court is looking at the best interests of the children or a child in a custody case, right?

There’s a [00:04:00] host of different factors. We have a podcast where you and I discuss those factors, if I am not mistaken, in the beginning part of the summer. And so our listeners can go to that podcast and get a primer on the factors in Maryland. But those factors are implicated, or can be implicated rather, in your various different forms of evidence and, for our purposes today, the social media posting.

So, factors such as your parental fitness, your character, ability to communicate with your other co-parent, willingness to communicate with your other co-parent, supporting the relationship between the other party’s extended family or their family, and overall judgment, right? Overall judgment I saw a post this morning preparing for this podcast, and it was a, you know, young mother frustrated with her baby and, uh, went in to the baby’s room saying, “I just tried to put this kid down three times, and won’t stop crying.

I fed you, I burped [00:05:00] you, I did this and that and the other.” And in the video was yelling at the kid, right? I mean, I get it. It, it could very well be that there’s no kid in that video, right? ‘Cause they didn’t show the kid – And, and so you, you have to remember that a lot of these videos that we’re seeing online, they’re, you know, a lot of the internet’s created for the purposes of getting a rise out of people.

Okay, set that part aside. Let’s assume for the purposes of our discussion that these are legitimate videos, and you have a case against your spouse, and he or she is making these videos online yelling at that kid, right? So, what does that video show? That video shows, number one, a judgment issue. Number two, a fitness issue, right?

And number three, it shows a willingness to act as a guardian of that child in that moment, right? If you’re, if you’re yelling at that child, a defenseless infant crying, right? You know, what does that say to a judge? And that’s what we’re focused on. And how do you use this as [00:06:00] evidence? Well, whether it’s a static post or whether it’s a video, it’s going to be utilized in the same way as your emails were utilized, the same way as, as pictures from a detective were utilized, right?

It’s a matter of printing off that post as the, in the lawyer’s office, and we bring in three or four or five copies and, and hold it up to the judge Right? Or if it’s a video, we roll in the TV, plug in your computer, and there it goes up on the screen. We mark it as an exhibit, and it goes into the repository of that case as far as evidence goes, and the judge is going to consider that piece of evidence.

David Bulitt: Yeah, I mean, people, and we’ve found this, I know you have and I have, it often doesn’t matter how many times their lawyer talks to them about what their testimony ought to be or how they’re prepared. People often in custody cases want to make themselves look like terrific parents. And many, many times I have seen, I’m sure you have, parents say, “Oh, no, I don’t yell at my kids.

I speak, I don’t yell [00:07:00] at them.” Well, first of all, I’ve never met a parent who didn’t raise his voice, their voice to a child once. Okay? So the “never” hurts. And then, then we pull up this Instagram post, you know, where he or she is screaming and pulling their hair out and the baby’s screaming in the background.

That’s a sort of a, a more benign issue than what we’re talking about in the Clancy case, but that’s a damaging piece of evidence, something along those lines. So, let’s talk about context and how that changes or can disappear sometimes when a piece of social media, a social media post, reel, story, whatever it may be, is being recreated in a litigation context.

Chris Castellano: Well, that’s right. This is tough. The ability to communicate is one of the more difficult concepts in human history, right? The Tower of Babylon comes to mind, right? So, what we’re talking about here, that ability to communicate and communicate those thoughts itself, it’s exaggerated because when you [00:08:00] and I talk, we talk separately, right?

We’ll have a conversation. If that conversation was written down or put into a different sphere, then the context in which we were talking is lost, right? That’s the basic concept of, of what we’re talking about here. When you make a post, or let’s just say you’re at a playground, you make a video, and, and your kid’s running off, and you say, “Man,” to your best friend, “It would be a lot easier if I just left, go get a drink,” and then I came back ’cause they’re sitting at the playground, right?

Well, you and I in the context of a custody litigation, we would say, “Man, leave him for 10 minutes to go get a drink is a terrible fact pattern.” That is a terrible fact pattern. But in the context, the person’s, “No, this is just a sarcastic joke,” right? They could be just making a joke about the fact that they’ve seen other people saying ludicrous things online, and they’re…you know, so that context can get lost very, very quickly.

You know, it’s interesting. What comes to mind to me in this [00:09:00] conversation is the episode from The Office where Steve Carell’s character is giving a deposition, and he does one of those that’s what she said jokes. And the deposition court reporter reads it back, and he says, “Well, you know, the delivery’s all wrong,” right?

And so that says it best, right? When you’re in litigation, in the context of litigation, how something is presented can change drastically and not only by just the delivery itself, but by not presenting the full context.

David Bulitt: And again, alongside of that, right, is understanding that the audience to whom you intend this post to be your, your 1,100 followers or whatever it may be, may not at all be the audience who is looking at it later and wondering what you meant by this particular post.

This kid is driving me nuts. I’m going to jump off of a bridge. I’d like to blow my brains out. I gotta get out of here. I may never come back. You know, that may be jokey kind of things, and in [00:10:00] the context of a video where somebody’s laughing and smiling, it may look very, very different when you’re in a different ballpark.

Chris Castellano: Well, that’s right. And you know, a good takeaway for people, especially if you’re in contested custody cases, active litigation, this should be on the forefront of their minds. But even if you are not there, but you suspect that maybe in a couple years you’re, you’re angling towards that position, who is not amongst your followers and fans and people that you usually digest your media?

You know what? You should assume it’s the judge. The judge is not your follower. They don’t know what you typically say. Opposing counsel, that’s not your follower, right? And so they’re going to sit there, you’re going to be on the stand, and they’re going to ask questions like, “You wrote this, right? You know, this angry post about your kid.

You were talking about your child, weren’t you? And you were angry when you wrote it, weren’t you? And yet you’re asking the court to make you primary physical custodian,” right? So, you’re going to [00:11:00] have to reckon with some of these posts, and the more posts you make, the worse it may be for you.

David Bulitt: Again, not necessarily for all of us, but for certainly for folks who are potentially separating, divorcing, or alternatively getting some sort of a custody dispute with their co-parent, there’s one sort of golden rule they should follow, isn’t there?

Chris Castellano: Well, that’s right. When you’re posting about your family, one of the golden rules, a golden rule, is to just kind of keep your head low. But assuming that we don’t tell them to interrupt their whole lives, that golden rule is keep the focus on your kids. Right? Keep the focus on your case. The court system and the judges, their primary focus is the best interest of those kids.

And, so, if you can keep your public-facing statements, posts, whatever it may be, as easily explainable relative to the best interest of your kids or focus on your kids, I think that you’re okay.

David Bulitt: [00:12:00] I think that, again, running alongside of that is sort of the same rule that I used when I talked to lawyers about responding to an email, when emails were in their early days of electronic mail, because it’s always easy to send a response, hit send, and go without thinking about it.

And I tried to counsel lawyers to say, “Hold on. Type what you want, but don’t hit send. Come back to it a few minutes later, and then make sure that’s what you want to say.” And some … And in some way, it’s sort of the same, isn’t it, with a social media post? You post this, what you think is funny, you think it’s great.

Don’t hit that post button so fast, right? You want to hang on a second and say to myself, “This isn’t necessarily how my friends are going to interpret it. It’s how somebody else might interpret it,” right?

Chris Castellano: Aabsolutely, right? I mean, as a young lawyer, we all learned, I learned, that every single word you write will be read by a judge.

You have to assume that every single word you write, every email, every letter, [00:13:00] and certainly every document you file in court, right? If every single word that you write could be read by a judge, well, you as a client, you better believe that every word you write in the context of a custody dispute is open to being read by a judge, and that goes the same for every word you speak in a recorded format.

If you are present publishing it, whether email and writing or, or on an Instagram Reel, yeah, you better believe that it is out there and available for the judge.

David Bulitt: Tell folks who are listening, if you can, what are the most dangerous, most inappropriate, those posts that you just should not hit that post button when you are on the precipice or in the midst of some sort of custody dispute or litigation?

Chris Castellano: Yeah, so we touched on this a little bit at the top, but … And it depends on how, what your level of humor is, but on a joking type of post, the [00:14:00] more sarcastic, the drier the humor, whatever it may be, you ought to be careful with that, right? Because not everybody shares that level of sarcasm. But from a base level that we can all understand, posts that vent your anger, that talk about discipline and disciplining your children, you know, opinions about it, whatever it may be.

Posts about your own mental health, about your substance abuse or substance abuse history, or certainly your ability to handle the kids, right? Or frustration with handling the kids. All of those, you know, there may be extremely legitimate reasons to talk about these issues for a person. It may allow them to cope with these issues.

There are very valid reasons to have these thoughts and write some of these words out. But the question is, and we as family law litigators, you know, I tell people all the time, “Listen, in my perfect world, [00:15:00] in my selfish world as your counsel, what would I like your evidence to look like? Well, it doesn’t include X, Y, and Z,” right?

So, in my selfish world where I’m talking to our audience, if I had the ability to clean slate it and make sure that you don’t post X, Y, and Z, it’s going to be posts like this that are anger fueled, talking about mental health or, or your inability to care for the kids.

David Bulitt: How about posts about the other parent? Or sometimes you see posts about what’s going on in the midst of your litigation.

Chris Castellano: You should, as a rule of thumb, never post online about the litigation. I don’t care what type of contested case you’re in, whether it’s a landlord-tenant, whether it’s a mergers and acquisition, a criminal trial, or certainly in our context, a custody trial, right?

Never post anything about … I challenge you, David, to find a single lawyer out there in the world that would say anything contrary to this, right? Never post anything online about [00:16:00] litigation. That’s first and foremost. I guess it should be said based on what we’re seeing online, but never complain about a judge, right?

Never complain about the judge you’re dealing with. Don’t complain about opposing counsel that you’re dealing with. Don’t complain about the other spouse or the other parent. Certainly don’t complain about the kid. These are all things that you would think we shouldn’t have to say out loud. Evidently, in a world where rage posts get engagement, and as a result you get more views and clicks and therefore revenue, you know, this is something that we need to say.

David Bulitt: So let’s talk a little bit about from the outside looking in, and this is where what we’ve seen, and folks, if you were to look up on, you know, Instagram or Facebook or X, the Lindsay Clancy trial, you will see thousands, tens of thousands, maybe hundreds of thousands of comments, from people about either her, in some fashion generally about her, about her [00:17:00] kids, about the family life that she had.

How can those types of posts be dangerous? In other words, it’s not … I’m not commenting on my life. I’m not commenting on, you know, what’s going on in my case, but those kids must have really driven her crazy for her to do that. Those kids must have been really difficult, or alternatively, she deserves to burn.

Anybody like that should be … You know, those types of … You … I think you call them rage post or anger, inflammatory-type comments from the outside looking in. How, if at all, can those affect my case?

Chris Castellano: Well, that’s right. Again, it should be said that what we’re not suggesting is that people aren’t allowed to have an opinion.

Everyone’s allowed to have an opinion. The basis of this country is having an opinion and being able to speak that, and the more unpopular the opinion, the, generally speaking, the law should protect more, right? So we’ll set that part aside, but what we’re talking about is the consequences of [00:18:00] those opinions and voicing those opinions, right?

And especially when you have these inflammatory circumstances like the Lindsay Clancy trial that seem to have very different camps of support, you know, you do have a situation where you’re going to get more posts that are trending towards the extremes. And when you have those extreme posts, they become available in the context of a contested custody case, just like you said, right?

So, if you’ve got … You may have even seen it, but there is a number of posts popping up with parents chucking water at their kid. You saw those, right? Something like that, if you’re separated and you see your spouse throwing water at your infant child, that’s going to make you say, “You know, I’m going to bring this to the court’s attention.

This is abusive behavior,” right? And it may not be or it may be, but this is something that you’re creating an issue solely because of content that you created to [00:19:00] get engagement, right? And that’s what you want to avoid. I saw a video that said one person was walking by a wood chipper, right? And, you know, had these, “Just like Lindsay, I have these intrusive thoughts,” or something to that effect, right?

We can’t be normalizing this type of behavior and again, within that context that people are posting this stuff so they can get engagement. I’m not going to ignore that. But you put this out there, it’s going to be available to an opposing counsel, right? As long as that opposing counsel’s paying attention, doing their job, you better believe that that’s going to be Exhibit A, and you’re going to bring that in and say, “Your Honor, you’ve got to be concerned about this.”

David Bulitt: And people will say, and I actually was involved in a case recently where the other side said, “Well, you know, it was just a trending video. She was just doing something trending on Instagram because, you know, she’s trying to build followers,” whatever the … But it was inappropriate when you [00:20:00] looked at it by itself.

And my reaction, of course, was, “I don’t care what it’s trending. What it’s telling me is that there’s a societal problem when you are doing things to your children that you ought not be doing, even if you think it’s funny.” And so people lose sight of common sense a lot when it comes to social media posts.

Or, you know, or like we said, when we’re talking about what’s going on in a case that’s highly publicized, like the Clancy trial.

Chris Castellano: Well, that’s right. And, and what you don’t want to do is glorify what is generally or should be generally viewed as kind of unacceptable behavior, whether that’s violence, whether that’s, you know, abuse of kids.

And I’ll go the other direction, too. That’s minimizing mental health issues or substance abuse issues or whatever it may be. The best course of action, have an opinion, but generally speaking, keep your opinions to yourself. I think that that’s advice that most of [00:21:00] the internet-consuming world can probably take.

David Bulitt: Now, I want to talk to you briefly about … We touched on this a moment ago, and but let’s talk about the credibility gap that can occur between one’s testimony and what is able to be mined on social media.

Chris Castellano: That’s right. So, this is classic. How many personal injury cases are, you know, “I have a diminished quality of life?”

Person A, why is there a picture of you skiing, right, down in, Lake Tahoe? So, this is the issue, right? If you testify that, “I never drink. I never drink,” just like you referenced, right? You’re using these absolutes. “I never, I never do X, Y, and Z.” Okay. Well, Your Honor, Exhibit A. Here she is out there at the club drinking, or here he is on the back porch with a handle of vodka or whatever it may be, right?

These are not situations that you want to walk into, right? Social media exposes you to that. Now, are we suggesting that you should destroy your [00:22:00] social media, whether you should avoid posting this so you can’t get out? That’s not what we’re talking about, right? What we’re talking about is to be smart about what can be used at trial, right?

And it’s your own statements. It’s your own statements. And if you’re saying, if you’re representing to the court a particular point of view or a particular statement about yourself and you’ve got social media examples out there that contradict that, then you have to anticipate you’re going to have a problem with that, right?

If you’re saying that, “I can’t afford to even go buy groceries,” and you posted on Instagram how you just got a brand new Louis Vuitton purse, that’s going to be problematic for you.

David Bulitt: Yeah, that certainly would be problematic. To sort of try to wrap things up, which is difficult to do in this context because there’s so much to talk about, if you could, give the parents out there some practical rules, two, three, four, five real rules that [00:23:00] should always be followed when they’re looking at engaging online in social media.

Chris Castellano: So, don’t litigate your case on the internet. Don’t do it. Don’t attack the other parent. As you referenced earlier, don’t post when you’re angry, when you’re upset, when you’re having trouble, a, a dark moment, whatever it may be. And be cautious about what you’re posting online. If it’s a joke, if it’s sarcasm, especially if the context of your joke or sarcasm is violence, drugs, alcohol, anger at your kids or whatever it may be, right?

And then one of the big takeaways, and I said it a couple times throughout this podcast, is how comfortable am I explaining this to a judge? Right? That should be your takeaway. If you post this, if you go on your phone and you’re ready to post this video about you complaining, the next question should be, “If I am asked by a judge what this post meant or what I meant by it, what’s my answer going to be?”

And [00:24:00] if I don’t like the answer, don’t post it. It’s as simple as just don’t post it.

David Bulitt: Yeah, I mean, people have to understand, these things get blown up to 20 by 24 poster size things, or they’re on a big giant TV screen in the middle of a courtroom. And how’s that going to look, right? How’s it going to look?

Chris Castellano: They’re inflammatory in size, demonstrative in size, and notwithstanding the fact that it’s going to be raised in your opening, it’s going to be raised in your closing, it’s going to be an hour’s worth of time during direct testimony of going back and forth or arguing. It’s going to potentially be a source of aggravation or combativeness between you and the judge.

How many times have you seen that, where the judge tells you to just stop and he’s talking to your client directly, right? I mean, these are the risks that you take on when you start interacting in that way, and you know, it’s the most preventable outcome that you can come up with. Just don’t post it.

David Bulitt: And [00:25:00] oftentimes, like you said, it’s not even, it’s not necessarily the content so much as it establishes a significant credibility gap when people want to, as we talked about, want to portray themselves in a certain fashion, but this evidence seems to show something different. All right, Chris. I mean, you know, again, we could go on and on.

I know, I think they’re having, as we speak today, they’re doing closing arguments in that case. But folks, pay attention to it, take a look at the evidence that was put forward in that case, which is, in my view, particularly damaging for the defendant, Ms. Clancy. But in the context of this discussion, in the context of your life going forward, if in fact you are nearing or looking at the possibility of a custody dispute with the other parent.

Chris, as always, it’s been a pleasure. If folks want to get a hold of you, let’s tell them again how to do that.

Chris Castellano: Yeah. Find me on our jglaw.com website. Give me a call at 240-399-7881. Call me directly, and I’d be happy to talk about [00:26:00] this or any other issue you have.

David Bulitt: Excellent. Well, as always, like I said, it’s been a pleasure.

I love doing this show. I love talking about things that are in the news. And, Chris, thanks for bringing this up today. Folks, I hope you enjoyed this, I hope you’ll listen, tell your friends about it, and I hope you join us next time on JGL Law For You.

Whether your car insurance premium increases after an accident depends on where you live.

It’s a fact of life, being in any car accident can be stressful, whether or not you are at fault. Many people fear their own car insurance premiums will increase if they tell their insurance company, but this is not always the case. However, even if the other driver caused the accident, you might still see an increase in your premium. Why?

How Car Insurance Premiums Work After an Accident

The moment an accident gets reported, insurance companies start assessing the situation. If you were at fault, expect your rate to go up. The increase depends on how serious the accident was and how much your insurer ends up paying. Even a minor fender bender can lead to a higher premium, though the jump won’t be as steep as it would be for a major collision.

Your car insurance premiums are based on a number of factors, including your driving history, the severity of the accident, and where you live. Even if the accident was not your fault, insurance companies look at a few things:

  • Increased Risk Profile: If you have been involved in an accident, insurers may view you as a higher risk, regardless of fault.
  • State Laws and Regulations: Some states allow insurers to increase rates after a claim, while some states protect drivers from unfair hikes.
  • Claim Frequency: If your insurer notices several claims on your policy, even if you were not at fault, they may increase premiums to offset potential future losses.

Maryland Residents

Can your rates increase? The answer is yes; possibly even if the accident was not your fault. There is one type of insurance claim that will not increase your premium, and that is a Personal Injury Protection (PIP coverage) claim. If you file a PIP claim for medical expenses or lost wages, this cannot be held against you and later increase your premiums, regardless of who is at fault.

The issue insurers really analyze is how many UM (Uninsured Motorist) and UIM (Underinsured Motorist) claims you’ve had on your policy. If you read your insurance policy carefully, you may see this listed as UMPD (Uninsured Motorist Property Damage Claim), or UMBI (Uninsured Motorist Bodily Injury Claim), along with a value for your deductible. Your Uninsured Motorist coverage will pay for damages to your car or pay to settle your injury claim if the at-fault driver had low or no insurance coverage.

 An at-fault driver without insurance is considered “uninsured” if:

  • the at-fault driver does not have insurance;
  • the other driver and vehicle are unknown, such as a hit and run collision; or
  • the at-fault driver’s insurance company has denied coverage because the other driver violated the terms of their auto insurance policy.

But beware, if you are involved in an accident in one of these situations, you will need to file an uninsured motorist claim under your own policy. But before you do that, there are a few things to know:

  • In Maryland, uninsured motorist coverage only applies if the other driver is found to be 100% at fault. If you are found to be even 1% at fault, you cannot collect due to Maryland’s contributory negligence laws.
  • For an uninsured motorist claim, many insurance companies require you to call the police immediately and report the claim. These requirements can be found within your insurance policy, or you can contact your insurance company to inquire.
  • Filing an uninsured motorist claim may affect your premiums and you may need to pay more for your policy. An insurance company is allowed to rerate your policy and remove certain discounts if you file an uninsured motorist claim. The claim will not cause a surcharge, but in most cases, the claim may have a negative impact on your insurance costs.

Statutory Rules in Maryland

Under Maryland law, an “increase in premium” includes a surcharge, which is the retiering or reclassification of an insurance policy or the removal of an insurance discount. Md. Insurance Code Ann. § 27-614, Md. Insurance Code Ann. § 19-507

If your insurance company increases the premium for a private passenger motor vehicle, they must provide you with written notice at least 45 days before the effective date of the increase. Md. Insurance Code Ann. § 27-614

If the increase is due “wholly or partly to an accident,” the notice must be clear and specifically state the basis for the increase. The notice must include:

  • The name of the driver
  • The date of the accident
  • “If fault is a material factor” for the insurer’s action, a statement that the driver was at fault. Md. Insurance Code Ann. § 27-614
  • The notice must specify that the driver was at fault, ONLY if fault is a material factor in the premium increase. This means Maryland law allows insurers to legally increase premiums for reasons where an individual’s fault is not a material factor.

Consumer Protections in Maryland

You have the following options:

  • Right to Protest: If you believe your rate is being increased improperly because you were not at fault, you may contact your insurance provider to request a review. You may also file a complaint with the Maryland Insurance Administration (MIA) within 30 days of receiving the increase notice.
  • Notice Requirements: The 45-day notice does not apply if the premium increase is part of a general statewide rate increase filed with the state that does not result from reclassifying an individual.
  • Non-Renewal vs. Premium Increases: While your rate may increase, Maryland law prohibits an insurer from cancelling or refusing to renew coverage based on claims history when two or fewer claims during the preceding three-year period were for accidents or losses where the insured was not at fault. Claims under uninsured motorist and comprehensive coverage are presumed not to be at-fault.

District of Columbia Residents

Under D.C. law, your car insurance premium cannot be increased solely on account of an auto accident where it is determined you were not at fault. D.C. Code § 31-2406

The District of Columbia strictly regulates when an insurance company may increase an insured’s rates following an accident. No insurer authorized to sell motor vehicle insurance in the District shall increase the rates charged an insured on account of an accident, unless it is first determined that the accident was caused by the fault of the insured. D.C. Code § 31-2406

Statutory Rules in Washington D.C.

This statutory protection aligns with the broader legislative framework of the District of Columbia Compulsory/No-Fault Motor Vehicle Insurance Act. While the District’s insurance system utilizes compulsory coverages and restricts certain tort litigation to make recovery for economic losses more readily available (D.C. Code § 31-2401, Monroe v. Foreman, 540 A.2d 736), the law explicitly protects policyholders from premium penalties when they are entirely free from fault in an accident. D.C. Code § 31-2406

No insurer shall cancel a policy except:

  • For refusal or failure of the insured to pay a premium due under the terms of the policy of motor vehicle insurance;
  • Where the motor vehicle registration certificate of the insured has been suspended or revoked during the policy of motor vehicle insurance; or
  • Where the license of an insured has been suspended or revoked during the period of motor vehicle insurance, the insurance shall not provide coverage for such insured during the period of suspension or revocation.

The term “uninsured motor vehicle” means a motor vehicle that:

  • Is a motor vehicle that is not insured by a motor vehicle liability policy applicable to the accident;
  • Is covered by a motor vehicle liability policy of insurance but the insurer denies coverage for any reason or becomes the subject of insolvency proceedings in any jurisdiction; or
  • Is a motor vehicle that causes bodily injury or property damage and whose owner or operator cannot be identified.

Exceptions and Qualifications

While an insurer is explicitly barred from raising your premium “on account of an accident” where you were not at fault D.C. Code § 31-2406, there are broader risk-classification and rating adjustments permitted under District law that are not tied to individual accident fault:

  • Systemic Rate and Class Adjustments: Under D.C. Code § 31-2703(c), insurers are permitted to establish or modify risk classifications based on “reasonable considerations” such as individual experience, location or dispersion of hazard, size, expense, or management, provided these classifications apply uniformly to all risks under substantially similar circumstances. D.C. Code § 31-2703

Remember, if you are involved in an auto accident in Washington, D.C., and it is determined that you were not at fault, your insurer is statutorily prohibited from increasing your insurance premium because of that accident.

However, this does not prevent your insurer from adjusting your premiums in the future due to broad, non-accident-specific rate restructurings or general changes to risk classifications approved under District law.

Virginia Residents

Under Virginia law, an insurer generally cannot increase your car insurance premium or charge points under a safe driver insurance plan if you are involved in an auto accident that was not your fault. Va. Code Ann. § 38.2-1905

Statutory Restrictions on Premium Increases in Virginia

Under Va. Code Ann. § 38.2-1905, an insurer is strictly prohibited from increasing an insured’s premium or charging points under a safe driver insurance plan, whether applicable to commercial or private passenger vehicles, as a result of a motor vehicle accident unless the accident was wholly or partially caused by the named insured, a resident of the same household, or another customary operator. Va. Code Ann. § 38.2-1905

Furthermore, no insurer may charge points or increase the insured’s premium under a commercial or private passenger automobile policy due to an accident if the operator causing the accident is a principal operator insured under a separate policy. Va. Code Ann. § 38.2-1905

No insurer shall assign points under a safe-driver insurance policy to any vehicle other than the vehicle customarily driven by the operator responsible for incurring points. This policy prevents punishment to the owner/principal operator of a vehicle for entrusting the vehicle to an insured driver who is insured under another policy.

For law-enforcement officers, Va. Code Ann. § 38.2-1905 provides additional protections, stating that an insurer cannot increase an officer’s personal insurance premium or charge points under a safe driver insurance plan for an accident that occurred in the course of employment while the officer was driving an agency-provided vehicle and engaged in law-enforcement activity. Va. Code Ann. § 38.2-1905

Administrative Guidance and Fault Determination in Virginia

Virginia administrative guidelines clarify that insurers must have actual proof of fault before increasing a premium or assigning points (Virginia Insurance Notices and Bulletins).

A Virginia motor vehicle report only indicates that a driver was involved in an accident, not who was at fault; therefore, insurers must conduct additional research to determine fault. General justifications such as “failure to maintain control of the vehicle” do not constitute sufficient evidence of fault without supporting information.

Additionally, for personal auto programs, insurers are prohibited from using “not-at-fault” accidents—which include medical expense claims, income loss benefits claims, uninsured motorist claims, and comprehensive losses—to determine tier eligibility for renewals. Doing so is recognized as a practice that could result in an unlawful premium increase for an accident not caused wholly or partially by the insured in violation of Va. Code Ann. § 38.2-1905.

Notice Requirements and Right to Appeal

If an insurer increases an insurance premium or charges points as a result of a motor vehicle accident, it must notify the named insured in writing. Va. Code Ann. § 38.2-1905 This notification must inform the insured of their right to appeal the decision to the Commissioner of Insurance if they believe the premium increase or point charge was applied without just cause. Va. Code Ann. § 38.2-1905

  • Timeline: The insured must request the appeal in writing within 60 days of receiving the notice of the premium adjustment or point charge. Va. Code Ann. § 38.2-1905
  • Appeal Process: Upon receiving the request, the Commissioner will promptly initiate a review to determine whether the premium increase or point charge is justified. Va. Code Ann. § 38.2-1905
  • Refunds: If the Commissioner rules that the increase or point charge is not justified, or was not assigned in accordance with the insurer’s filed rating plan, the insurer must promptly refund any premiums paid as a direct result of the unjustified increase and adjust all future billings. Va. Code Ann. § 38.2-1905

Qualifications and Limitations

The statutory prohibition against increasing premiums for not-at-fault accidents does not restrict insurers from adjusting general, non-accident-related rate factors that are filed with and approved by the State Corporation Commission. Va. Code Ann. § 38.2-1904, Va. Code Ann. § 38.2-1906

All rates and all changes and amendments to rates under Va. Code Ann. § 38.2-1904, for use in the Commonwealth of Virginia, shall consider loss experience and other factors within Virginia if relevant and actuarially sound, provided that other data, including countrywide, regional, or other state data, may be considered where such data is relevant and where a sound actuarial basis exists for considering data other than Virginia-specific data. Therefore, if there is a reasonable and probable basis to do so, rates and changes may be based on data other than Virginia-specific data.

Insurers are permitted to group risks by classifications and modify rates for individual risks in accordance with rating plans that measure variations in hazards or expenses, provided the rates are not excessive, inadequate, or unfairly discriminatory, and are based on sound actuarial principles. Va. Code Ann. § 38.2-1904

In addition, there is a time limit on how long the increased rates are in effect due to an at-fault accident. If an insurer does permissibly increase rates or apply surcharges due to an at-fault accident or a motor vehicle conviction, it cannot use that information to produce increased or surcharged rates above their filed manual rates for a period longer than 36 months, beginning no later than 12 months after the date of the accident or conviction. Va. Code Ann. § 38.2-1904

In summary, Virginia law protects policyholders from facing increased car insurance premiums or safe driver point penalties for accidents in which they were not at fault. Insurers must establish proof of fault before adjusting rates due to an accident, notify the insured of any such adjustments, and provide a clear statutory pathway for the insured to appeal unjustified increases to the Commissioner of Insurance.

In Conclusion

Dealing with insurance companies after a crash can be stressful for any driver—and the laws are different in every state. If you have been involved in an automobile accident, it is important to understand your rights and the terms of your insurance policy.

Get the facts. Get educated.

JGL lawyers have once again been recognized as leading lawyers in their fields by The Best Lawyers in America®, a prestigious honor based entirely on peer review. Nineteen JGL attorneys were named to The Best Lawyers in America list, and one attorney was honored in the Best Lawyers: Ones to Watch® category, which celebrates outstanding early-career lawyers who have been in private practice for less than 10 years.

As the oldest and most respected peer-review publication in the legal profession, Best Lawyers is widely regarded as a benchmark for excellence. Its rigorous and transparent methodology is based on confidential evaluations from leading lawyers within the same geographical and practice areas.

The JGL attorneys recognized on the lists include:

The Best Lawyers in America 2027

Alyse Prawde

  • Appellate Practice
  • Commercial Litigation

Andrew Adelman

  • Civil Rights Law
  • Employment Law – Individuals
  • Litigation – Labor & Employment

Andrew E. Greenwald

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Brian J. Markovitz

  • Litigation – Labor and Employment

David Bulitt

  • Collaborative Law: Family Law
  • Family Law
  • Family Law Mediation

Drew LaFramboise

  • Mass Tort Litigation / Class Actions – Plaintiffs

Erika Jacobsen White

  • Employment Law – Individuals

Jay P. Holland

  • Appellate Practice
  • Civil Rights Law
  • Employment Law – Individuals
  • Qui Tam Law

Jeffrey Hannon

  • Family Law

Jeffrey N. Greenblatt

  • Family Law

Lindsay Parvis

  • Collaborative Law: Family Law
  • Family Law
  • Family Law Arbitration
  • Family Law Mediation

Michal Shinnar

  • Civil Rights Law
  • Employment Law – Individuals
  • Litigation – Labor and Employment

Paul F. Riekhof

  • Litigation – Trusts and Estates

Roy Niedermayer

  • Litigation – Trusts and Estates

Steven M. Pavsner

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

Timothy F. Maloney

  • Appellate Practice
  • Employment Law – Individuals
  • Employment Law – Management

Timothy P. O’Brien

  • Trusts and Estates

Valerie Grove

  • Medical Malpractice Law – Plaintiffs

Veronica Nannis

  • Employment Law – Individuals
  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs

2027 Best Lawyers: Ones to Watch

Bridget Cardinale

  • Civil Rights
  • Commercial Litigation
2027 Best Lawyers Final (7.2475 X 4.077 In) (2)

This article is co-authored by associate Deborah Jaffe and JGL law clerk Grace McKaveney.

About a third of prisoner civil rights cases filed in federal district courts fail because of strict requirements set by the Prison Litigation Reform Act.

In 1996, Congress passed the Prison Litigation Reform Act (PLRA) to reduce the number of frivolous civil rights lawsuits filed by incarcerated people. And technically, it worked. However, in doing so, it has made it more difficult for incarcerated people to file meritorious lawsuits about unlawful conditions or treatment they have faced by placing rules and limitations on such filings. If you or a loved one is considering suing in federal court, it is important to know what barriers you may face.

What Claims You Can Bring

If you are incarcerated and have been subjected to cruel or unusual punishment during confinement in violation of your constitutional rights under the Eighth Amendment, you may consider suing the prison or prison staff for the deprivation of your rights. Before you do, it is important to consider whether your claim may be barred by the PLRA.

The Exhaustion Requirement

Incarcerated people must exhaust all available administrative remedies before filing a lawsuit. This means that you must go through the prison’s own grievance and appeal process before you can sue in federal court. The court may dismiss your claim if the opposing party says and proves that you did not finish every step of the internal grievance process.

In Maryland, incarcerated people must use the Administrative Remedy Procedure (ARP) if they want to file a complaint about their conditions of confinement. This includes complaints about medical and mental health services, lost or stolen property, staff behavior, conditions affecting their health, safety, or welfare, and more. For example, someone who was not given the medication they need on time or someone who lives in a hazardous cell may file an ARP.

This process has three steps:

  • First, you must file an ARP within thirty days after the incident occurred or you learned about the incident, whichever is later, to the prison’s managing official, typically the Warden.
  • Second, if the managing official denies your initial ARP or fails to respond to the ARP within the established timeframe, you have thirty days to file an appeal to the Commissioner of Correction.
  • Third, if the Commissioner of Correction denies that appeal, you have thirty days to file another appeal to the Inmate Grievance Office.

Notably, this process is not available for complaints involving case management decisions, parole decisions, disciplinary decisions, appeals to withhold mail, or acts by staff or other inmates falling under the Prison Rape Elimination Act.

The Physical Injury Requirement

Incarcerated people are prevented from recovering damages for a mental or emotional injury they suffered while in custody without also showing some physical injury or sexual act. This requirement bars incarcerated people from recovering compensatory damages, or money to make them whole, but does not bar nominal damages or injunctive and declaratory relief. In other words, without a showing of physical injury, you may still be able to obtain a small amount of money to recognize your rights were violated (like $1), a court order telling someone what to do or not do, or an official statement from the court stating what your legal rights are.

What You Should Know Before You Bring a Claim

Even if you have a claim, it is important to know that there are financial barriers under the PLRA that may affect your ability to file a lawsuit.

Filing Fees

Incarcerated people must pay court filing fees in full regardless of their ability to pay such fees. The initial cost to file a complaint is $405, or $350 for those who proceed in forma pauperis, meaning they cannot afford to pay everything upfront. Inmates who proceed in forma pauperis pay these fees through monthly installments based on the amount in their account. This monthly installment scheme applies even when a case is dismissed or withdrawn, and payments continue until the filing fees are paid in full.

The Three Strikes Provision

A dismissal of an incarcerated person’s lawsuit or appeal as frivolous, malicious, or for failure to state a claim counts as a “strike” against them. If an incarcerated person receives three or more “strikes,” they cannot proceed with a new suit in forma pauperis, or without prepaying all the filing fees in full. However, there is an exception to the “three strikes” provision if an inmate is under imminent danger of serious physical injury. For example, someone with asthma who alleges that they are repeatedly denied proper medical care is under imminent danger of serious physical injury and may file in forma pauperis, despite already having three strikes.

Key Takeaways

Since Congress passed the PLRA, the filing rate has dropped about 36 percent, as of 2020. While it has been effective in limiting the number of frivolous lawsuits, the PLRA is widely criticized for establishing significant procedural and financial barriers for incarcerated people, which can prevent meritorious claims from being heard. By understanding the requirements and limitations set by the PLRA, you can better navigate the legal system and use your voice to seek justice.

In an August 5, 2026, article published by Federal News Network, Veronica Nannis discusses what insiders should know if they suspect fraud against the federal government and are considering filing a whistleblower claim under the False Claims Act (FCA).

Under the FCA, private citizens, known as relators, can bring claims on behalf of the government to expose fraud and help recover federal funds. As Veronica explains, potential fraud can take many forms, including up-charging medical services or codes, performing unnecessary medical procedures, providing products or services that do not meet federal contract requirements, or concealing the country of origin or value of goods to avoid U.S. customs or tariffs.

In the article, Veronica discusses what potential whistleblowers should do when they suspect fraud, including acting promptly, properly preserving evidence and maintaining confidentiality. She addresses potential pitfalls as well, including the FCA’s first-to-file rule, which can bar a later whistleblower from recovering even when that person has stronger evidence of fraud.

Veronica also highlights the law’s protections against retaliation and emphasizes the importance of seeking trusted legal advice early in the process. “The most successful whistleblowers seek legal advice early, become educated and act strategically,” Veronica writes.

Read the article “Thinking of blowing the whistle? Actions to take, pitfalls to avoid” on the Federal News Network website.

Michal Shinnar represents a former AstraZeneca executive in a federal lawsuit against the pharmaceutical company alleging retaliation, sex discrimination and the failure to pay an earned bonus.

Filed in the U.S. District Court for the District of Maryland on August 4, 2026, the lawsuit alleges that the executive was retaliated against and ultimately terminated after raising concerns about a costly manufacturing project and reporting alleged mistreatment of women by a senior male scientist.

The plaintiff asserts claims under the Sarbanes-Oxley Act, which protects certain whistleblowers, the anti-retaliation provision of the Maryland False Claims Act, Title VII of the Civil Rights Act of 1964, the Maryland Human Relations Act, the Montgomery County Human Rights Act, and the Maryland Wage Payment and Collection Law. The wage claim concerns a 2024 bonus she alleges she earned but was not fully paid.

The case was featured in Human Resources Director on August 6, 2026, in an article examining the allegations and the alleged role of AstraZeneca’s Human Resources team in the events leading to the executive’s termination.

Read the article “Fired executive says employer’s HR team helped retaliate after she raised concerns” on the Human Resources Director website.

What happens when one spouse puts their career on hold for the good of the family? In this episode of JGL LAW FOR YOU, David Bulitt and family law attorney Christopher Castellano discuss how thoughtfully crafted prenuptial agreements can help protect a spouse who leaves the workforce, reduces their hours to care for children, or relocates to support a partner’s career.

David and Chris explore the often-overlooked financial impact of career sacrifices and explain how provisions addressing retirement contributions, alimony, life insurance, and career re-entry support can provide greater financial security, fairness, and peace of mind for both spouses.

David Bulitt: [00:00:00] Welcome to JGL Law for You. JGL Law for You is a podcast by lawyers but not for lawyers only. On JGL Law for You, we will be discussing a wide array of topics to help you navigate the many legal process, developments in the law, other current events, and how they may affect you, your family, or your business.

David Bulitt: Welcome back to JGL Law for You, and I’m back with my good friend, my law partner, Chris Castellano, who focuses his practice on all areas of family law and knows exactly what he’s doing, knows exactly what he’s talking about, and this morning just left the courthouse. So, we’re glad to have you back, Chris.

Thanks for joining us.

Chris Castellano: Thank you as always for having me, dude.

David Bulitt: So, Chris, this is the time of year; it’s wedding season, both in June and then we see it again in fall. And what happens before wedding season? People want to talk about prenuptial agreements, right?

Chris Castellano: Oh, absolutely.

David Bulitt: So, we’re not going to talk in detail about prenuptial agreements.

I do want to talk to you about something that has grown in terms of what lawyers consider [00:01:00] ought to be included in a prenup and what clients ought to consider ought to be included in a prenup, and that’s what we call these sort of leaving the workforce or career sacrifice triggers, provisions in an agreement that talk about what would happen if one of the spouses down the road stops working, right?

Chris Castellano: Yeah, that’s absolutely right. You know, a lot of couples when they get together and they envision what their life is going to look like as a married couple, and of course, that usually involves children in that picture. And then that next natural question is, okay, well, who’s going to stay home and watch the kids, right?

And it has become more and more prevalent to ask that question before the marriage to try to plan out kind of what they’re going to do, what that scenario is going to look like. Because if one parent is going to put their career on hold and leave the workforce, what does that look like for the family, but also what does that look like [00:02:00] in the event of a breakdown of that marriage?

So that’s what we’re looking at today.

David Bulitt: I mean, people go into marriages thinking they may have children, go into marriages thinking that for one reason or another, one parent may decide to stay home completely or cut back on their work schedule or change what their career path might be.

Chris Castellano: Oh, absolutely, and there’s a myriad of different reasons for that, right?

One spouse gets a job that would take them to different areas, and so they could relocate. There’s a desire for different types of living circumstances. There are all different sorts of scenarios that could play out, and so I think that what is becoming more prevalent and, if you will, not to overuse the word, but trending in this world is to look at what type of measures we can put in place from a legal standpoint to help these people navigate that.

Let’s say a client comes to me and they say, “Okay, I want to get married. I want to do a prenup.” I think that that’s a good idea. I think that’s a smart [00:03:00] idea. And yeah, my job is solid, but I know my spouse-to-be’s job has the potential to take us elsewhere, to take us out west or down south.

And us being located in the Atlantic, all those references make sense to us, right? But to move elsewhere in the country. And so, then you have to look at, I sit down and say, “Listen, there’s consequences in the event that you make that decision to leave the workforce. What’s that going to look like? There are consequences, real consequences that we can look to limit.”

That includes your loss of income, retirement benefit entitlements, and the contributions that you’re making, and therefore the compound market gains on that retirement. Reduced Social Security earnings. And from your career perspective, right, you’re losing out on promotions, other professional advancement, earning capacity, and your overall financial [00:04:00] independence, right?

And so, some of those are those costs, and you and I have talked about costs of different things before, and this is yet another one, right, of if you leave the workforce, that’s essentially a hidden cost of that decision.

David Bulitt: And also, the fact that people have children, the needs of the family change, right?

And if in fact they end up in two separate households, the change of those needs gets multiplied.

Chris Castellano: Oh, absolutely. I mean, having a child exacerbates all of these issues or realities, and the more children you have, the more exponentially that increases, right?

David Bulitt: I think back, Chris, when I first started doing this work in prenuptial agreements, you started seeing more of them, and that goes back several years.

I won’t count. I don’t want to put my age in here. But in those days it was a discussion about, okay, are we going to agree to waive alimony? It’s either a black-or-white sort of decision. This is a nuance that is, particularly as families have become [00:05:00] more two-wage-earner based, really important for people to consider.

So, tell me a little bit about income, how the party’s income changes might affect what you advise your client. Let’s talk about the economic costs, the potential economic costs or losses that a spouse may see if he or she is the one who’s not going to be working.

Chris Castellano: Well, that’s right.

For the spouse that is leaving the workforce, we’ll call it, right? Because of all the different reasons we’ve previewed, for whatever those reasons are, they are taking that hit, as I referenced, right? The hit on future earning capacity, retirement, overall financial independence.

And so, when that potentiality is hanging out there, and they come to us looking for a prenup, as you said, right, the focus on prenups used to be something somewhat different, right? Limiting alimony or, hey, one spouse has a business that’s worth who knows how much money, and so we just want to limit that one particular [00:06:00] issue.

But the focus on prenups has changed. It’s expanded, and one of those realities is, listen, I don’t want to go into a marriage where the very foreseeable reality is that I’m going to be leaving the workforce to care for the kids, to accommodate a job move, to do this, to do that, etc., so I want that security.

So, what this looks like is really locking down security. Just like it used to be, where it’s locking down a waiver of alimony or locking down a waiver of a business interest or whatever it may have been. Now it’s the same concept.

It is locking down certainty in a concept, and that concept here is financial security for the person that’s giving up their financial independence.

David Bulitt: And people have to keep in mind, we’re getting ready to get married. I’ve got a law degree, but I’m going to stay home and take care of our children. But I’ve got a law degree, so I can always get another job.

But the reality is very different from that. Isn’t that right?

Chris Castellano: Well, yeah, because the person that continues to work, right, they’re still going in for meetings.

They’re interacting with partners or managers or what have you, supervisors. And so, their chance for promotions, their chance for bonuses, their chance for continuing education, advancements, and gaining just basic experience and increasing their Rolodex of contacts, going to various different company events to rub shoulders with people, all of that means something in the workforce.

And when you are at home, you don’t have those opportunities, right? You’re not involved in that world, and so your options become limited, which means that inherently the earning capacity is limited.

 

 

David Bulitt: And the environment changes, right? I mean, just think about what’s going on now. So, if I was a lawyer back in the 1980s or 1990s, for example, and I’m used to doing research by going online, shepherding through the old books.

Sorry if anybody doesn’t know what [00:08:00] that is but looking at old law books to try to find out what cases might support a position, sitting in the library and doing that. Now I want to get back in the workplace 30 or 40 years later, whatever it may be. There are no law libraries anymore, right? Everything is now done a different way, and I’m not used to that.

So, I might not be as employable as I think I am when I’m embarking on this marriage.

Chris Castellano: No, absolutely. And so, when you have somebody that has stepped back from the workforce that is less ingratiated with the current working climate, then what you’re really looking for is to build in that protection for the individual, right?

Build in that protection that says, “You know what? There’s a safety net here.” And yes, you know, we can look to, well, hey, isn’t that what alimony is designed for? That’s the whole point of alimony, right?

David Bulitt: Isn’t that what it is?

Chris Castellano: Except here’s a problem with that, right? Is that when, just like when we did an alimony waiver, just like when we did a business waiver, why do you do those?

You do those in a prenup [00:09:00] because in the event, and we hope the unlikely event, but in the event that the marriage falls apart, then if you didn’t have those waivers with a prenup, then you’re going through the rigmarole of a contested case, contested litigation, and you’re having to rip each other to shreds and pay tens of thousands of dollars to either achieve a number of alimony or an interest in the business or defeat those claims for it, right?

So, the same concept applies, right? You’ve got a person that has a foreseeable potentiality in however many years, and what you’re trying to do is avoid the back-end guarantee that you’re going to be spending $50,000 just to ensure that you get some type of financial security.

David Bulitt: Let’s now talk about the practical way of handling this.

You know, what is it? What’s a career sacrifice trigger? What is that in terms of a provision that you would want to put in a prenuptial agreement?

Chris Castellano: Yeah, so a career sacrifice [00:10:00] trigger is essentially a clause in your prenuptial agreement that identifies specific rights, entitlements, and requirements of both spouses and outlines obligations as long as particular objectives or specific terms are met, right?

And so, let’s first look at what the triggering events could be, right? The career sacrifice triggers. It could be, as we referenced, the birth or adoption, certainly, of a child to the marriage, right? It could be leaving full-time employment for the care of that child, reduction of hours to care for the child.

Doesn’t have to necessarily be leaving the workforce, but leaving the workforce in the same capacity could also qualify, right? And as I say these different options, I want the listeners to know that this is not a one-size-fits-all or mandatory, right? You can mix and match. The wonderful thing about prenups, David, and I’m sure that you have this experience with your clients as well as I do, is that prenups offer the ability to be very creative with your clients’ very specific circumstances, right?

As long as it’s within the boundaries of the law, yes, but you’re allowed to be very creative. And so, you know, you look at the foreseeable triggers, as I’ve outlined, but you can also expand upon that, right?

David Bulitt: For example, like, you may have… We talked about having children, but you may have a client who says, “You know, I’m 37 or 38 years old. It’s our second marriage,” whatever the case may be.

“We’re not going to have children, so I don’t need that built in. But I do need something different because there’s a good chance we’re going to have to relocate to Billings, Montana because my husband is doing, or my husband-to-be may be getting a job to do X, Y, or Z.”

Chris Castellano: Right? And so, when you have those foreseeability issues, it becomes a little bit cleaner to envision doing one of these career sacrifice trigger [00:12:00] clauses, right? And quite frankly, recommend it because if you know an eventuality’s going to come to pass, why wouldn’t you put it in?

If you’re already inclined for a prenup, why wouldn’t you put in this type of protection, right?

So, at its core, there has to be a reason why these are becoming more popular, and it’s only logical that they’re becoming more popular because people want to ensure that there’s a level of protection, right?

And so, you know, when you look at what these different clauses could require, right? And these are ideas for when you’re drafting, certainly.

But they could look like both parties mutually are agreeing to the decision, right? So, if a client’s sitting down and saying that, “Listen, I know that I’m going to have to move with my spouse-to-be to Billings, Montana, and I’m going to have to leave my job,” well, if the other spouse is over there in the other room thinking, “Well, you’ve got a portable job.

The anticipation is that we’re moving out to the mountains, [00:13:00] but you’re going to get another job out there, right? Because you’re working for a defense contractor, they’ve got a unit down there about 35 minutes away,” right?

So, people have to be on the same page for a clause like this to work. And one of those requirements could be that, listen, there’s a mutual written understanding or acknowledgement that I’m going to leave the workforce.

And it could be for a minimum period of time. It could be that you have to be out of the workforce that is mutually understood and agreed upon for a certain amount of time, like six months, nine months, 12 months, whatever it may be.

Or it could look like that plus a reduction of hours, reduction of income. Any of these different aspects of what the career sacrifice looks like could be that which you write into the clause as a requirement slash, I guess, triggering effect.

David Bulitt: What I find really interesting about all of this, and as someone who has represented clients who come to me and say, “All right, my fiancé’s lawyers [00:14:00] prepared this prenuptial agreement.

I want you to take a look at it and let me know what you think,” right? And oftentimes, I know, Chris, you probably see the same thing: they’re sort of vanilla, “I keep what I have, you keep what you have. You know, if I get an inheritance, it’s mine. If I get a gift, it’s mine. You know, if there’s growth of my asset, it’s mine. You keep this,” and that’s it.

And people, potential clients, don’t know what questions to ask, and many clients wouldn’t know to ask this question. That’s what makes you, I think, very unique in our field, which is that these are questions you’re going to ask your client whether they know whether to ask them or not.

And what I have found, and I think you have, too, is that people don’t really know or think about these types of things. So, isn’t it, really it’s a requirement for you, the lawyer representing a client in this prenup, to at least have this discussion?

Chris Castellano: Oh, without a doubt. I think, you know, it’s no different in my view when I’m drafting a marital separation agreement, absent the existence of a prenup.

Just like when you’re drafting one of those, or you’re drafting a custody agreement, there are the bucket of foreseeable circumstances or outcomes and the bucket of unforeseeable. As lawyers, we can never draft clauses that deal with the unforeseeable consequences. Why? Because, well, they’re unforeseeable.

That’s the whole… That’s why the word exists, right?

But it is our job to draft clauses that deal with the foreseeabilities, right? And so, when I have a client come to me that wants to do a prenup, you know, there’s a lot of preconceived notions around prenups. I think media does a good job of driving a lot of those preconceived notions, and frankly, I think that AI is picking up the mantle of doing that.

But it’s our job to tell them, you know, you ask those questions. Oh, what are your circumstances? What’s your job looking like? What do you think your job’s going to be in five years? You know, are you going to have kids?

All of these are natural questions. Why? Because all of them have implications for the clauses that you’re going to draft in the prenup. And frankly, [00:16:00] anyone that’s not asking those questions or engaged in those conversations is doing the client a disservice because you’re not drafting an agreement to divide people and let them go their separate ways.

You’re drafting an agreement to ensure that a partnership that should last 70 years or so, ideally, right, can survive. I don’t draft agreements for when people divorce. I draft agreements to have them be secure in the marriage that they’re entering into. It’s a paradigm change.

David Bulitt: So, let’s talk about the drafting piece for a second, and it’s sort of the same question but from two different angles, and that is, what are the risks, the concerns, the potential minefields in drafting this type of provision?

And from the client’s perspective, what should they be looking for in terms of what the provision looks like?

Chris Castellano: There’s, just like any contractual claim or clause that you’re drafting, you know, the lawyer has to be careful [00:17:00] about this, right?

We all know in Maryland you can’t have agreements to agree. You can’t make unenforceable clauses. You have to watch out for unconscionability-type clauses. And that’s, listen, almost every one of those points could be a full podcast discussion.

But there are big red flags that you have to stay away from, whether you’re being too specific, too vague, or you’re being too one-sided. You have to be careful.

When you draft these clauses, it’s no different than any other clause you’re drafting insofar as what you have to be careful of, and that is being clean, concise, specific, and understanding what is and what is not an enforceable claim.

David Bulitt: And as the client, as the person who’s having you draft this agreement for them, what should I be asking you and what should I be looking for in terms of this provision?

Chris Castellano: Yeah, so it boils down to [00:18:00] if you’re going to leave the workforce and you’re going to have this career sacrifice decision that you make, what do you feel would be, and that could be informed by conversations with counsel, but what do you feel would make you whole following that decision, right?

So that could take the form of, listen, my spouse, I’m leaving the workforce, so my spouse is going to contribute to a separate IRA for me, right?

Okay, it could look like that. It could look like an investment account, a brokerage account with the same concept. It could look like gaining a, I don’t want to say disproportionate, but a larger share of various different property rights, whether that is real property or the personal property existing between the parties, bank accounts, et cetera, or even just alimony, right?

The longer you’re out of the workforce and the reduction of income, you could have that correlate directly to some level of alimony protection or provision.

And so again, it comes down to this idea that you can be creative because it’s your life, it’s your circumstances, and it’s about building protection for you in those specific circumstances.

David Bulitt: So, give us a few examples of those protective type provisions that you might consider including in this section of a prenuptial agreement.

Chris Castellano: Yeah. So, one of them is very similar to the alimony protection that’s in a lot of agreements, right, in separation agreements, is life insurance. So, you build in a life insurance protection for the spouse that has given up their career because it’s not cheap, right?

And so, there’s consideration there as far as the money that the earning spouse, the financially dominant spouse, is putting into this protection, and it provides that level of security, financial security to the financially dependent spouse.

One of the other [00:20:00] protections, let’s look at what the whole point of rehabilitative alimony was from a litigation standpoint, right? That’s to provide for the circumstances of career re-entry for the spouse that was financially dependent, right?

And so that looks like over a certain period of time, I’m going to pay for trainings and re-educations and networking events, and then there’s going to be a ramp-up. So, some of those ideas are what I look for and what I will be talking to clients about as far as possible solutions to incorporate into these types of clauses.

David Bulitt: Let me finish here. So, I’m getting ready to get married, and my fiancée and I have discussed probably the necessity of having a prenuptial agreement. What are the- let’s call it a checklist- what type of things should people talk about before they sit down with you?

Chris Castellano: So, I think that there needs to be an understanding [00:21:00] of is either spouse-to-be is anticipated to leave the workforce?

That’s number one. That’s the core of this whole issue, right? And number two, is that leaving of the workforce temporary or indefinite? And those two questions and concepts will inform everything else.

And from there, you start to look at, all right, what circumstances will justify leaving the workforce? And we talked about that at the beginning of this recording, right?

And so, if that’s the case, the person’s leaving the workforce, then you have to talk about how are we managing the household income? Is there going to be equal access to financial information? And will there be maintenance of individual accounts between the parties or contributions to individual accounts?

There’s obviously a myriad of additional considerations, but I would sit down. If you’re having that coffee table conversation, that’s what we’re looking at.

David Bulitt: We could probably dig a hell of a lot deeper on this topic because it’s [00:22:00] really, really important for folks to understand these types of issues.

We don’t, unfortunately, have several hours to talk about it, but folks, you have the opportunity to reach out to Chris Castellano and have your questions answered before you sit down and sign off on a prenuptial agreement.

How would folks reach out to you, Chris?

Chris Castellano: Yeah, absolutely. Give me a call at Joseph Greenwald and Lake, 240-399-7900.

You can find us on the web, www.jgllaw.com and schedule a call to talk about the concerns because these are important.

David Bulitt: Chris, as always, just a plethora or a treasure trove of information, and I’m sure that the folks listening really appreciate it.

Folks, reach out to Chris. Contact him if you have questions.

It’s been great having you. Always great having Chris Castellano. We will hear from you and see you next time on JGL Law For You.

In an article published in Law360 on July 17, 2026, Brian Markovitz discusses how recent venue rulings in Fair Labor Standards Act (FLSA) collective actions are changing where cases are filed and increasing the administrative burden on courts.

The article examines how workers and their attorneys have reevaluated where to file FLSA collective actions following a Ninth Circuit decision last year in a case against Cracker Barrel addressing which plaintiffs may join FLSA collective actions based on where a case is filed. The decision has prompted attorneys to take a more strategic approach to selecting where to file these cases.

Brian explains that similar wage and hour claims are now being filed in multiple jurisdictions, requiring courts to determine where opt-in plaintiffs are located and creating additional work for the judicial system.

“That’s what the change has been, it’s just created probably more cases for the judicial branch and more work to check,” Brian said.

However, Brian noted that these procedural changes have not necessarily cut down on workers’ abilities to pursue claims of not being paid properly.

Read the article “Venue Is Key For FLSA Suits 1 Year After Cracker Barrel Case.” (PDF)

In a July 15, 2026, article published by HR Daily Advisor, Brian Markovitz and Kayla Schwein explain the minimum wage changes that took effect on July 1 in Maryland and Washington, DC, including new local wage rates.

Although Maryland’s statewide minimum wage remains at $15.00 per hour, employers in Montgomery and Howard counties must comply with higher local minimum wage requirements, while Washington, DC, has implemented its annual inflation-based increase. As Brian and Kayla note, the July 1 changes serve as an important reminder for employers to review payroll practices and ensure compliance with applicable wage laws.

The article highlights practical compliance steps, including verifying that payroll systems reflect the correct wage rates, updating required workplace posters, reviewing tipped employee compensation, and confirming the applicable minimum wage for employees who work remotely or across multiple jurisdictions.

Brian and Kayla also remind employees to verify that their pay reflects the correct minimum wage, raise any concerns with their employer, and contact the appropriate labor agency if the issue is not resolved.

“As labor costs continue to evolve across the region, both employers and employees should stay informed about annual wage adjustments and local requirements to ensure compliance and accurate compensation,” they wrote.

Read the full article, “Minimum Wage Increases Take Effect: What Employers Need to Know,” (PDF) for more details, including the new minimum wage rates.