Author: JGL Law

JGL Principal Lindsay Parvis has just been named to the 2025 Lawdragon Leading Family Lawyers guide. Lawdragon has published guides to the most elite U.S. lawyers since 2005. The 500 Family Law honorees are selected through submissions, journalistic research and editorial vetting from a board of peers. The recognition is published online at lawdragon.com

The Maryland Supreme Court has ruled that the future of Harborplace, a revitalization project of five new buildings — a mix of retail, office and residential space — along a completely reimagined waterfront promenade in Baltimore, will be decided by voters. A lower court judge previously ruled the ballot question was unconstitutional.

Tim Maloney, Alyse Prawde and Kevin Redden represented the Harborplace developer, MCB HP Baltimore LLC, before the Supreme Court, arguing that ballot Question F is constitutional and should appear on the ballot. Now, voters will be able to decide whether the developer will be able to execute plans to rebuild the Baltimore Inner Harbor.

Click here to read the complete article in The Baltimore Banner.

What’s a QDRO?

It’s a Qualified Domestic Relations Order, used to transfer retirement from one spouse to another in a divorce (or for child support or alimony). It can go by different names (Court Order Acceptable for Processing/COAP or Domestic Relations Order/DRO), based upon the type of retirement plan involved.

For this blog, I’ll use QDRO for all types of orders just to keep things simple. Please know, though, that QDROs and retirement transfers are not at all simple.

Why is a QDRO needed?

A QDRO transfers retirement from one spouse (the spouse who holds the account or participates in the pension plan) to the ex-spouse.

Not all retirement assets require a QDRO. IRAs are an example of a retirement plan that (usually) allows a transfer using the plan’s form instead of a court order. This is where doing your homework about what kind of plan it is and what type of order is needed can pay off.

What type of retirement plans need a QDRO?

Pensions and 401k-type plans are the most common.

What does a QDRO transfer?

Pensions (defined benefit plans): A QDRO is used to transfer some of the monthly pension payment to the ex-spouse, as well as the right to survivor benefits (so, benefits paid after the death of the employee) after divorce.

Other types of retirement (defined contribution plans): A QDRO is used to transfer a lump sum to the ex-spouse, and may keep them entitled to survivor benefits until the transfer is complete.

Why not just cash out retirement to pay my ex?

Because this can have big – and unnecessary – tax consequences and early withdrawal penalties. Your ex may have the option to cash out some of the retirement when the QDRO is processed by the retirement plan, but that’s their decision, and the tax consequences are theirs.

When should I get a QDRO prepared?

If settling your divorce with an agreement, ideally the QDRO is prepared and signed at the same time. If not then, then as soon as possible after. Again, ideally, before the divorce is granted.

If settlement is not an option and you will have a trial, then ideally give the Judge a QDRO during your divorce trial. Or, have it prepared right after the appeal period has passed.

Delay is not a QDROs friend. Ex’s move and lose track of addresses (which are needed). If the retirement plan doesn’t calculate gains and losses, documents may no longer be available to do the calculation. Worse yet, exes pass away or retire, without orders in place, so retirement may not go where it’s supposed to, leaving exes to fight with an estate or having to collect money from their ex.

Who prepares the QDRO?

Sometimes your divorce attorney will.

Sometimes they will hire an attorney to draft the QDRO, while the divorce attorney handles communications with your ex or ex’s attorney and files the QDRO with the Court.

What’s not a good idea: preparing a QDRO yourself. Many plans have form QDROs. Filling in and using the form may get the desired outcome or it may lead to unintended consequences. When retirement is one of the biggest assets many people have, it’s not worth gambling with “fill in the blank”.

What steps are involved in preparing a QDRO?

Usually:

1. A settlement agreement or Judgment of Absolute Divorce that spells out what’s to be transferred.
2. Preparing the QDRO. This may also involve having the draft QDRO reviewed & approved by the retirement plan (which may require a fee for review).
3. Trying to get your ex to sign off on the QDRO. If unsuccessful, skip to #4.
4. Submitting the QDRO to the Court.
5. Getting the QDRO back from the Court & getting certified copies.
6. Submitting certified copies of the QDRO (and usually other documents, like settlement agreement and Judgment of Absolute Divorce) to the retirement plan.
7. Awaiting the plan to review, process and accept the QDRO. If rejected, then starting back at #2 with a revised QDRO that meets the plan’s requirements.

Conclusion

It’s not worth gambling with retirement. Working with an experienced family attorney and QDRO attorney can help you protect your retirement interests, which are often one of the most valuable assets in a divorce.

It’s September, back to school time, and are we ready? Will we be able to protect our teachers from harm?

The workers’ compensation system is central to supporting victims of school violence.

There are new ways that workers’ compensation statutes will have to adapt to the wave of violence in the workforce.

Today, we focus on the harm to teachers in classrooms from lack of support and the traumatic scars of post-traumatic stress disorders and concussions. We already face problems finding enough teachers, and yet we lose many due to injuries that could be prevented.

For almost 40 years, and continuing, it has been an honor to represent our educators. However, not until recently, have I had to guide as many teachers to file claims and protect themselves. For you see, beyond being dedicated people who take the future of our children seriously, they actually love the kids they teach. So, when a teacher is head-butted by a special needs child, when there was no backup in the classroom, and sustains a concussion that leaves him or her without the ability to return to his or her career, it’s complicated. He or she is angry, and in pain, but healing is difficult because he or she does not assign blame to the child that was in his or her care. In psychotherapy, the teacher is conflicted.

According to the MDedge article published by Sejal Parekh, April 8, 2024, similar violence is also on the rise against health care workers, especially in the emergency rooms. There is not enough support for persons with autism, according to Beth Burt, executive director of the Autism Society Inland Empire. ” The smells, lights, textures …can sometimes overstimulate a person with autism, and they can struggle to articulate their feelings which can result in a violent outburst.”

Some children are simply aggressive and commit assault with items and with force. For example, a teacher is afraid to turn her back on the class to write on the board because last week a student threw a stapler at her head.

Rarely is a criminal complaint made against the children. The child remains in the system, the teacher is the one who leaves. Teachers report that when it comes to physical violence, 56 percent of teachers have had incidents. According to the American Psychological Association, Journal, May 30, 2024, violence, aggression against educators grew post pandemic, and caused an increase of teachers sending in their resignations and filing for retirement.

In workers’ compensation, the teacher has limited options, but at least there is some support. Some jurisdictions, such as Prince George’s County have “assault leave” that can be provided in certain circumstances, in addition to workers’ compensation. But there is no remedy to go against the school system in liability after filing for benefits. The case being watched is out of the Commonwealth of Virginia right now, set to go to trial in 2025 filed by a teacher shot by a 6-year-old child in school. She filed for workers’ compensation, but she also won a summary judgement to go forward with her liability claim against the school. Will workers’ compensation remain the exclusive remedy if chosen in Maryland? Last year I suggested we pass legislation that would make the employer liable if 1- it was aware of the danger and 2 – its failure to act on it caused harm.

For now, we try our best to make sure that the teacher gets immediate care, whether it is with a concussion clinic, or counseling, or surgery and rehabilitation. However, many insurance carriers in workers’ compensation are not eager to immediately provide the care and want their own IME, independent medical evaluation, and a hearing. This is very detrimental in an assault case, as it does not allow for the time sensitive care and often makes matters worse. I have seen delay, even in neurodiagnostic testing in evaluating the head claims.

A fractured leg will usually heal. A psychological trauma might not. Workers’ compensation can offer vocational rehabilitation, but it is often not the answer for these teachers who are highly educated. Many have left to pursue different career paths. A workers’ compensation permanent partial award for their residuals, may just not be enough. And it certainly doesn’t help our schools to lose another teacher when these injuries could be avoided.

Michal Shinnar, one of the attorneys representing those plaintiffs, said her case is broader than the settlement, which appears specific to hiring. Her clients allege that officers of color faced harsher disciplinary action than white troopers and were promoted less often, among other claims.

She said her clients’ suit does not preclude them from benefiting from the settlement. U.S. District Court Judge Brendan Hurson earlier this month rejected the state’s motion to dismiss the case.

“Overall, we see this as a very positive thing for our case,” Shinnar, of the firm Joseph Greenwald and Laake, told The Daily Record.

Click here to read “Maryland State Police seeks $2.75M to settle claims of racial discrimination”

The FBI raided the offices of public sector IT contractor Carahsoft on Sept. 24, 2024. The raid of Carahsoft’s Reston, Va. headquarters appears linked to allegations that the major federal contractor had for years violated a cornerstone law that makes it illegal to arrange agreements between competitors to control prices for services provided to the government.

Carahsoft is under investigation alongside SAP, Accenture and other firms for allegedly violating the False Claims Act, which involved efforts to defraud government agencies for years. Frustration has mounted among DOJ lawyers, who claimed in court proceedings that the government’s document requests and inquiries appeared to be delayed or unfulfilled by Carahsoft. For more than a year, Carahsoft has not fulfilled requests to produce transaction records (including but not limited to the communications, solicitations, proposals, quotes, bids, award notices, orders, purchase orders, and invoices) for even a single project for the Justice Department and others involved.

According to Jay Holland, the Justice Department may have reached a tipping point in its investigation and decided the best course of action was to raid the company to preserve evidence. False Claims Act investigations vary case by case, but if a raid was launched, he said, it’s a sign that a significant amount of investigative work was carried out prior to that. “They’re not going to start out by raiding companies headquarters,” Holland said. The DOJ “would have done a significant amount of investigation … and determined that the gravity of the case warranted it.”

Read “FBI’s Carahsoft raid tied to years of price fixing allegations with other vendors” on the Nextgov/FCW website.

For most, social media is now a ubiquitous tool that connects us to friends, family, and the world. We share our triumphs and tribulations, often in real-time. But in the emotionally charged arena of a divorce action, seemingly harmless posts, photos, and comments could have significant consequences. This blog entry will explore the hidden dangers lurking behind your social media posts and provide some general ideas on how to navigate your digital landscape during a divorce.

While seemingly innocuous, your online activity can be, and often is, used as evidence in divorce proceedings. Here’s how:

• Proof of Adultery or Inappropriate Behavior: Photos and posts documenting romantic relationships, late-night outings, or even suggestive comments can be used as evidence of adultery or other behavior. Even if the posts are not public, they are generally susceptible to discovery through subpoenas or forensic analysis.
• Financial Discrepancies: Exhibiting lavish purchases, vacations, or new assets while claiming financial hardship in court can damage your credibility to a judge.
• Parental Fitness Concerns: Posts depicting excessive partying, including alcohol use, even if it is responsible, can often lead to questions being raised about parental fitness. Caution should be employed when your posts depict routine partying, drinking, etc.
• Contradictory Statements: Statements made on social media can contradict statements made under oath or in legal documents. For instance, the claim that you are unable to work due to health reasons and therefore you need support, but you post pictures of a recent ski-trip may cause a court to question your credibility.
• Evidence of Harassment or Disparaging Remarks: Using social media to harass, threaten, or disparage your spouse can not only negatively impact your case but can also lead to separate legal issues, such as protective orders. Additionally, in the event that custody is at issue, it can lead to you being viewed in an adverse light due to your perceived inability to show proper judgment.
• Location and Activity Tracking: Check-ins, location tags, and posts about your activities can be used to establish your whereabouts and contradict claims about your schedule or parenting time.

The best approach to social media during a divorce is caution. This does not mean avoiding social media altogether, but rather, being more judicious with how and what you post. Here are some essential tips:

• Privacy Settings Are Not Foolproof: Increasing your privacy settings is a good first step, but does not guarantee your protection. Assume anything you post can be seen by the court.
• Refrain from Posting About Your Divorce: Avoid discussing your case, your spouse, or any related matters online. This includes venting your frustrations, celebrating perceived victories, or seeking advice from friends.
• Think Before You Post: Before you post, consider the potential implications, including foreseeable comments. Ask yourself: Could this be misinterpreted or used against me?
• Preserve Evidence: Just as social media can be a tool used against you, it is one that you can wield as well. Therefore, if you believe your spouse’s social media activity is relevant to your case, take screenshots and preserve them in a secure location. This information should be shared with your attorney.
• Consult with Your Attorney: Before making any decisions regarding social media, including pausing your social media presence, discuss your concerns and strategies with your Maryland family law attorney who can provide you with specific advice based on your case.

Conclusion:

Navigating a divorce is already complex and emotionally challenging. Don’t let social media exacerbate vulnerabilities in your case. By understanding the potential benefits and pitfalls of social media, you can take proactive steps to protect yourself and minimize your risks. If you are considering or involved in a divorce in Maryland, contact an experienced family law attorney to discuss your case and develop a comprehensive legal strategy. Your online activity matters – treat it with the seriousness it deserves.

On the heels of the federal court decision allowing JGL’s class action race discrimination suit against MSP to go forward, JGL is glad to see that DOJ’s investigation into discrimination at MSP warranted MSP seeking approval to pay a $2.75 million settlement.

Click to read full details and Jay Holland’s quote in this Washington Post article (PDF)

This coming term, the U.S. Supreme Court will consider whether former firefighter Karyn Stanley can proceed with her disability claims under the Americans With Disabilities Act (ADA) against her former employer, the City of Sanford, Florida.

Ms. Stanley is a retiree, who was forced to retire because of symptoms related to her Parkinson’s Disease. Ms. Stanley, who receives disability retirement from the city, filed suit under the ADA claiming that the city’s retirement benefits plan discriminates based upon disability. When Ms. Stanley first started with the department, the City’s plan granted retirees free health insurance until age 65, but the plan subsequently changed, covering disabled retirees for only two years after leaving the city’s employ.

The ADA states that employers cannot “discriminate against a qualified individual on the basis of disability in regard to … terms, conditions, and privileges of employment.” The ADA specifically defines who is a “qualified individual” that is subject to its protections. People qualify if they “can perform the essential functions of the employment position that such individual holds or desires[.]”

So, what does “holds or desires” mean? The federal appeals courts, the lower courts directly below the U.S. Supreme Court, are split on this issue. The Sixth, Seventh, and Ninth Circuits agree with the Eleventh Circuit’s holding in Ms. Stanley’s case that the ADA does not apply to former employees because they neither hold (currently fill) nor desire to hold (aka are applicants for) positions of employment. The Second and Third Circuits hold otherwise that the ADA does apply to former employees because the ADA must be read consistent with Title VII, the federal law that prohibits employment discrimination based upon race, color, religion, sex, gender and national origin, which allows former employees to pursue discrimination claims. The Supreme Court will almost certainly resolve and put an end to this circuit court split. Given the Supreme Court’s recent leanings on employment claims before it, I do not expect Ms. Stanley to prevail. Thereafter, employees’ only hope may be that a friendlier Congress is in place to make the final decision by amending the ADA.

NBC News covered the recent Federal court decision which allows the discrimination suit against the Maryland State Police (MSP) to proceed. The lawsuit alleges that the state police agency has a longstanding pattern of discrimination against officers of color. Officers who work at the MSP describe it as a racist work environment.

“We want a police force that promotes officers based on merit, that holds officers accountable for true misconduct and doesn’t mete out discipline in truly discriminatory ways,” said Michal Shinnar, who represents Byron Tribue, a current officer, along with two other current and former officers who are suing the department. All say they have been victims of discrimination and retaliation that have affected their careers.

“This is not the story of one individual like Mr. Tribue who has been harmed by discrimination. These are patterns and practices that exist in the Maryland State Police,” Shinnar said.

The officers who are suing the department said they hope this will become a class action lawsuit in which additional officers can get involved.

You can view the news clip here.

In an article published in The Baltimore Sun on September 16, 2024, Michal Shinnar applauded a federal judge’s ruling that a racial discrimination lawsuit against the Maryland State Police (MSP) can move forward. “We think that this is a great ruling for plaintiffs, in terms of allowing this important case to move forward, and rejecting the arguments that MSP had made about why it should be dismissed,” Shinnar said.

The lawsuit, which asked a judge to certify class action status on behalf of employees of color, dates to 2022 when three named plaintiffs alleged the state police force has a longstanding pattern of discrimination through discipline, retaliation against officers who make complaints and denied promotions. The state police sought to have the complaint dismissed in federal court, but the court ruled that some of the claims against the statewide police agency could move to the discovery stage.

Read the article “Federal judge rules racial discrimination lawsuit against Maryland State Police can continue.”

In an article published on September 11, 2024, by The Daily Record, Veronica Nannis explains the U.S. Department of Justice’s new pilot program for corporate whistleblowers and the added incentives it provides.

“The way that I see this program is that it’s yet one more incentive for both whistleblowers and for companies,” Nannis said.” “Right now, the False Claims Act is a really good incentive for whistleblowers to bring forth information they have regarding civil fraud, and it’s meant to be a pretty good deterrent for companies to not engage in that fraud. I think this program just complements the others and it’s filling the gaps.”

Nannis adds that the pilot program incentivizes the identification and disclosure of criminal activity, which the False Claims Act does not cover.

For the full article, Daily Record subscribers can click here.

To view the article as a PDF, click here.