Jay Holland spoke about the False Claims Act with Jeff Lippman on the “Garden of Thought” podcast. During the podcast, Jay discusses the law’s history, which encourages whistleblowers to come forward and report fraud to the federal government.
Jay explains that these cases, known as qui tam cases, allow a private individual to prosecute a case on behalf of the government and receive incentives. Listen to the podcast to learn more about the False Claims Act and some of the cases Jay has handled.
Facing a divorce, child custody dispute, support dispute, or any form of family conflict in Maryland can be daunting and overwhelming. The time, cost, and stress necessary to bring a case before the Court can deter many.
However, before heading into a courtroom, it’s important to understand that you have options. One of the most effective and affordable alternatives to litigation is Alternative Dispute Resolution (ADR). Going to trial can be fraught with risk and while there are scenarios where that risk is necessary, a risk analysis remains an appropriate first step to deciding if ADR is right for your case. Oftentimes, ADR is an opportunity to resolve your legal issues in a private, amicable, and cost-effective way.
Alternative Dispute Resolution (ADR) refers to legal processes that help people resolve disputes outside of a trial. Common ADR methods include:
ADR is strongly encouraged in the Maryland family court system, and for good reason. Family cases can be some of the most emotionally charged and personal cases that go before a judge or magistrate, so the court system heavily encourages the idea of resolving a case before it is too late. Not only does an amicable resolution avoid the unpleasantness of testifying against your spouse, or about issues regarding your children, but allows practical benefits as well, including:
Pursuant to Maryland Rule 9-205, after a contested case involving child custody and visitation is filed with the court, the parties will typically be referred to mediation, unless there is a history of abuse or other serious concerns. When mediation is referred (or ordered), the Court will typically identify a mediator from a list of pre-approved certified mediators and will require the parties’ counsel to attend the mediation alongside the parties. Similarly, involving property or support issues, the Court may ask the parties if they believe that ADR is appropriate in their case and offer the opportunity for a Court-appointed mediator to serve in their case.
Not necessarily. Every case is unique, and the issues at hand may dictate what form of ADR is most appropriate. If the parties and their counsel can communicate reasonably well, then settlement negotiations can occur outside of the purview of a mediator or formal ADR processes. These types of negotiations are informal and thus lack a uniform structure, but can nevertheless lead to a successful resolution of your case.
However, when difficulties exist in communication, an independent third party is the best option to communicate ideas between the two sides in the hope of a resolution.
ADR is a strong option for many family law matters, including divorce settlements, child custody and parenting plans, child support and alimony issues, division of marital property, or post-divorce modification actions. However, ADR may not be appropriate in situations involving domestic violence, coercion, or when one party refuses to negotiate in good faith. An experienced Maryland family law attorney can assess your case and help you determine the best path forward.
Whether you’re going through a contested divorce or negotiating a custody agreement, ADR is the umbrella that offers you multiple options within which to help you move forward with less stress and expense. If you believe your case would benefit from ADR, contact me to discuss the pros and cons.
Recently, popular smartphone accessory manufacturer Casely issued a recall of more than 400,000 “power pods,” portable wireless chargers that are designed to affix to the back of the smartphone during the charging process.
According to the official Consumer Product Safety Commission recall notice, the “lithium-ion battery in the recalled power banks can overheat and ignite, posing fire and burn hazards to consumers.” As of the date of the recall, Casely had received “more than 51 consumer reports of the lithium-ion battery overheating, expanding or catching fire while they were charging” including six reports of burn injuries from this defect.
The Casely recall follows a string of highly publicized safety risks in products containing lithium-ion batteries. In 2016, Samsung recalled over 1 million Galaxy Note7 smartphones because the lithium-ion battery in the phone could overheat and catch fire, including on airplanes. In late 2024, Chervon North America recalled over 60,000 lithium-ion batteries that were installed in SKIL power tools and electric lawn mowers. Earlier this year, Samsung SDI recalled 180,000 lithium-ion battery packs installed in Chrysler, Volkswagen, Audi, and Ford electric vehicles. Battery-powered mobility devices, such as e-bikes, have been the source of hundreds of fires and dozens of injuries and deaths. These are just a few of the hundreds of consumer recalls and reports of injuries involving lithium-ion batteries over the past several years.
Lithium-ion batteries explode or combust due to a process called “thermal runaway.” This is a chain reaction that occurs when the battery overheats and is unable to stop an uncontrolled rapid increase in temperature. Thermal runaway can be caused by a number of factors, including improper manufacturing practices, defective battery design, use of inadequate or substandard materials, and mishandling or damaging the battery during shipment or storage. Properly manufactured, designed, and handled lithium-ion batteries should be resistant to thermal runaway and safe for consumers.
But when lithium-ion batteries experience thermal runaway and overheat and combust, the results can be catastrophic. This risk of harm to consumers is particularly heightened in the case of handheld consumer products containing these batteries, such as phones, laptop computers, electronic cigarettes and vaping devices, and power tools.
When lithium-ion batteries explode and cause injury, there may be several responsible parties. Under product liability laws, the seller of the product has liability for the injuries suffered by the end user or consumer. The company that manufactured and/or designed the battery—which is often different than the seller—may also have liability if they engaged in substandard practices in developing and manufacturing the battery. Finally, the distributor of the product—that is, the company that ships or stores the product during the chain of commerce—may have liability depending on the circumstances and nature of the defect.
Holding product manufacturers, sellers, and distributors accountable is complex and challenging. It is critical that, in the event of a catastrophe involving a defective lithium-ion battery, consumers reach out to a law firm experienced in handling fire and explosion cases to discuss their legal rights and options.
In an article published in Authority Magazine on April 21, 2025, Christopher Castellano explains how parents can create a peaceful, cooperative arrangement post-divorce that prioritizes their child’s well-being.
Castellano notes that post-divorce can be one of the most difficult times in a person’s life and comes with a number of challenges, including communication, different parenting styles, lingering emotions, and differing perspectives. Miscommunication is the cause of a significant portion of divorces, he writes, so he encourages his clients to think twice about their communication methods and tactics.
While the situation may be challenging, there are a handful of strategies that can help parents provide stability for their children, including having a comprehensive custody agreement and establishing rules and routines for each household. Castellano also explains how parents can manage their own emotions and differences while focusing on their child’s best interests.
Read the full article “Peaceful Parenting: Christopher Castellano of Joseph Greenwald Laake on 5 Essential Tips for Successfully Sharing Custody” in Authority Magazine.
In an article published in The Legal Intelligencer on April 22, 2025, Valerie Grove walks through the steps needed to select the most qualified expert witness for a medical malpractice case to save time, money and needless worry.
First, she notes, it’s imperative to vet an expert as carefully and comprehensively as possible to confirm whether they have the education, training, and experience that’s needed. Defense attorneys will not hold back in demanding proof of various claims, so it’s crucial to ensure there are no holes in a witness’s argument.
Grove explains that once an expert witness is confirmed and they’ve shared their opinions, it’s crucial that an attorney is familiar with Daubert v. Merrell Dow Pharmaceuticals, under which a trial judge must determine whether the testimony of an expert has “a reliable basis in the knowledge and experience of the relevant discipline.” She states that Maryland has recently joined the supermajority of states and formally adopted the Daubert standard for the admission of expert witness testimony, which requires that the process by which an expert witness came to their opinions must be sufficiently reliable. Grove also discusses a Daubert challenge and what happens when the other side challenges your expert witness.
Read the full article “Selecting the Right Expert Witness for Your Medical Malpractice Case” in The Legal Intelligencer.
JGL President, Paul Riekhof, announced that Lacey McMullan has been elevated to Senior Counsel.
A zealous plaintiff’s advocate with a passion for social justice, Lacey is a seasoned attorney with extensive experience litigating civil rights cases in federal court, including lawsuits alleging police misconduct and violations of detainee/inmate rights under 42 U.S.C. Section 1983. She is also experienced in employment litigation including lawsuits fighting federal and state wage and hour violations, as well as age, race, and gender discrimination and hostile work environments. Additionally, Lacey also practices in False Claims Act whistleblower litigation, class actions and appellate practice.
Lacey received a J.D. from Vanderbilt University Law School and dual B.A./B.S. degree from the University of Florida.
In an article published in Investopedia on March 31, 2025, Michal Shinnar was quoted regarding the Family and Medical Leave Act (FMLA) and what to expect throughout the application process.
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. To manage this leave, employers may use their own FMLA forms, the Department of Labor’s (DOL) forms, or have a third party handle the process. However, there is no legal requirement to fill out any particular form explains Shinnar. “Your employer has to accept a request that meets all the certification requirements. Employers are allowed to accept less than the certification information; they just can’t require more to approve FMLA.”
Completed forms should be submitted to the employer or HR department only – not the DOL or your supervisor. “You are entitled to your medical privacy when it comes to FMLA leave, just like under the [Americans With Disabilities Act],” Shinnar says. “Your supervisor gets to know the ‘what’ (i.e., when you will be on leave), but not the ‘why’ (i.e., what the medical conditions or specific symptoms are).”
If your FMLA request is denied, you can submit a complaint to the U.S. Secretary of Labor or file a civil lawsuit. The lawsuit must be filed within two years after the denial—or three years if you can prove the employer’s violation was willful. “An attorney can provide you with more specific advice,” states Shinnar.
Read the full article “How to Fill Out FMLA Forms: A Step-by-Step Guide.” (PDF)
In this episode of JGL LAW FOR YOU, JGL attorneys David Bulitt, Drew LaFramboise and Veronica Nannis discuss the class action lawsuit filed against the Psychiatric Institute of Washington, which accuses the hospital of widespread patient mistreatment. They explore the details of the case, providing an in-depth look at the allegations and the legal proceedings. Tune in as they discuss the firm’s role in representing the plaintiff, the potential impact of the class action suit, and what actions patients or former patients of the facility should take now.
In an article published in the April issue of Washington Parent, Paul Riekhof discusses how parents can ensure their children are provided for in the event of an untimely death or incapacity.
Riekhof explains the process of selecting guardians to take on the parental role for children if their parents pass away. Guardians will make the living arrangements as well as the health and education decisions for the children. A guardian will also help children manage any money they make through work, receive as an inheritance, or acquire from other means.
Diving into the financial aspect of estate planning, Riekhof explains that estate planning is crucial for parents to ensure their financial assets are managed and protected for the benefit of their children. He discusses the various types of trusts and the importance of creating the right trust to control asset distribution, including protecting against remarriage or creditors, and safeguarding the family’s future.
Riekhof notes that parents of young children should use trusts to ensure their assets are used responsibly until their children are old enough to manage them independently. He also discusses certain circumstances that might prompt a parent to take a different approach, such as wealth that raises concerns about generational estate taxation, children with incapacitating conditions, or concerns with how children are living their lives. Each of these situations may call for a different tactic.
Riekhof concludes by explaining that making a thoughtful and comprehensive estate plan is one of the greatest gifts parents can give to their children.
Read the full article “Estate Planning for Parents: What You Need to Do to Protect Your Family’s Future.” (PDF)
Accidents can leave a path of disaster in the form of property damage, bodily injury, emotional injury, financial losses, and death. For people injured, and the families of those injured, dealing with this trauma is a process on its own.
The moment before the impact, during the impact, and the moments after can be shocking, terrifying, and painful. Victims may be scared, confused, and angry, and recovery takes time. There are no shortcuts to treatment. Some injuries may take months or years to recover from depending on the severity of the injury, pre-existing health conditions and how compliant you are with treatment.
Not all injuries are visible immediately. Make use of the services of emergency medical personnel at the scene. Follow their advice for evaluation and transport. Many times, pain and symptoms of concussion, whiplash, and spinal injuries may take hours, days, or even weeks to appear. The longer you wait to receive medical care, the higher risk you have of injuries worsening and requiring more extensive treatment and recovery. Some untreated conditions, such as concussions or internal bleeding, can be life-threatening or cause permanent brain damage. Even if you do not seem to be in pain, it is a good idea to see a doctor for a checkup. Prompt medical care is the cornerstone of prevention, ensuring injuries are managed correctly from the outset, and the path to recovery is as smooth as possible.
If recommended by EMS, allow for transport to the nearest emergency room where triage will assess the urgency of your situation and prioritize your case based on the severity of your injuries. Diagnostic testing can be performed that will provide the doctors with a clear picture of your internal state. Doctors can then formulate a treatment plan to address your individual health concerns. Many times, the emergency room doctor will provide a referral to another type of doctor or ask that you follow up with your primary care physician.
Your primary care physician (PCP) knows your medical history and may be able to provide you with a referral to a specialist who is able to treat common accident injuries such as whiplash, concussion, soft tissues injuries, burns and fractures. You will also want to consult your health insurance plan for a list of providers who may be covered by your insurance or “in network.” Treatment with a specialist may be the next step to recovery.
This is possibly the best advice of all. Treatment and healing may be a long and slow process. The most effective way to ensure a good recovery, in the shortest timespan as possible, is to follow the prescribed treatment plan as laid out by your medical doctors, specialists and treatment providers.
It seems easy; however, this may prove much more difficult than it sounds as treatment generally involves:
Yes, it takes time. Give the recommended treatment program a chance to work. Results do not happen overnight, or even in the first weeks.
If after participating in treatment, you feel that parts of your treatment plan are not benefiting you, feel free to speak with your doctors or medical practitioners to discuss alternatives.
Do not just stop a treatment or treatment plan. Discuss alternative treatment options and recommendations with your medical provider.
Get adequate rest. Sleep and rest are crucial components of the recovery process. Sleeping increases blood flow to your muscles, which leads to tissue and muscle repair and growth. Sleep may also reduce levels of stress, which will aid in reducing internal inflammation. Take time to rest so your body can heal. Do not push too far, too soon.
Manage your pain. Injuries may cause pain for days, weeks or even months after an accident. Pain affects people in a multitude of ways including anger, hopelessness, frustration, and lack of energy and motivation. Pain may inhibit your ability to participate in physical therapy and you may need to take other steps to help your recovery. Speak with your doctor to find ways to manage your pain — suffering through it in silence will only hinder your progress. Doctors may recommend taking over-the-counter pain medications, using hot or cold compresses, massage, stronger prescription strength pain killers, or other pain treatment options.
Exercise and eat a healthy diet. Exercise will help you to regain full range of motion, flexibility, balance and endurance. Regular movement will keep your muscles from becoming stiff and weak and help to reduce pain and inflammation following an injury. Follow your doctor’s recommendation for safe exercises. Eat a nutritious diet of whole, fresh foods with plenty of vitamins and protein to help repair damage. Try to eat regular meals even on days when you are feeling pain as food provides good fuel and allows you to feel stronger and more energetic.
Surround yourself with a good support system. Family and friends can lift your mood and make sure you are motivated to follow your treatment plan. Your friends and family may also assist with transportation and activities of daily living.
Depending upon the circumstances of your accident, you may want to consult with a professional counselor or advisor. It is normal for a traumatic incident to cause anxiety, depression, or PTSD throughout the healing process. You may want to seek out counseling services, support groups and community mental health resources to provide a safe space to share experiences, learn coping strategies and find solace with others who understand.
Be patient. Recovery from your injuries may be a long and slow process, which can prove frustrating at times. You may feel setbacks or feel as if no progress is being made. Follow your doctor’s treatment plan; everyone heals at a different pace, depending upon your age, health, and severity of the injury. One size does not fit all, so do not compare yourself to anyone else. Following the prescribed process gives you the best chance to get back to the activities of life which you enjoy.
Your treatment path is a story of your recovery. This story can be told through medical records, and oral or written testimony. The paper trail begins in the emergency room or wherever you receive your first medical treatment following the accident. It is critical to keep records of all the doctors you have received care from and the dates of service.
Accurate and comprehensive documentation of a patient’s treatment is the best way to manage post-accident health care. The records you and your doctor keep are a chronological account of treatment, progress, milestones, and challenges along the way to recovery. These records can also be communication between your various health care providers to ensure continuity of care, along with providing a tangible history of your treatment, which is invaluable in any legal matters related to your accident.
Be aware, your doctor’s medical records are a standard format with a minimum detail of your injury and treatment. For your benefit, keep a notebook, log or electronic file containing important dates and milestones that occur during your treatment, including those items not normally found in medical records, such as the following:
There may be many reasons why individuals do not seek medical care immediately after an accident. Some of these reasons may be financial resources, lack of time, work or other family dynamics. However, delaying a medical review can be a gamble with high stakes.
Some injuries cannot be seen immediately following accidents, including internal injuries, fractures, brain injuries or organ damage. Not seeking prompt medical care may seem like a cost-saving measure, but it can lead to extremely high costs in the future. Conditions left untreated can worsen in complexity leading to more extensive and expensive medical treatment and may lead to chronic and permanent conditions.
If your injuries appear to be very mild, you may feel comfortable going home, resting and taking over-the counter medication. But if you do make this decision, please be aware you have recently been in an accident. If new symptoms arise or existing symptoms worsen, be sure to see your doctor or seek emergency assistance as soon as possible.
In terms of managing your medical care, a long delay between the date of the accident and initial medical treatment can prove detrimental to your health and to your insurance claim. Reporting injuries more than two weeks after an accident may cause doctors and insurance adjusters to doubt the relationship between your injury and your accident. The more remote in time the accident is, the more chance there may be of an intervening event having caused your injury and not the original accident.
Accidents may leave you feeling disoriented, confused, or in shock; however, if you are aware of the situation and you are able, the moments following an accident can be crucial for health reasons but also for legal and insurance considerations. The photographs, witness statements, reports and medical records created by your providers become the bedrock for any future claims or settlements. These records are also invaluable for personal injury law as they can significantly influence the outcome of legal proceedings or insurance negotiations and could be critical to ensure justice and compensation for your injuries.
Seek out the services of a well-respected and highly qualified personal injury attorney in your area who can help you navigate through your treatment path and guide you along to ensure you have the information necessary for any legal or insurance claim.
Paul Riekhof has been named to The Daily Record’s 2025 Estate & Trusts Law Power List. The Power List showcases Maryland’s power players who are leading key organizations, creating change, impacting the community, and engaging others to succeed.
Selected by The Daily Record’s editorial team, with input from knowledgeable members of the community, the attorneys on the list are among the most influential and respected practitioners in the estate and trust law sector in Maryland.
Managing director of JGL, Paul has more than 25 years of experience in representing individuals, families and businesses in matters including estate planning, probate, trust administration, estate tax planning, business planning, guardianships, and estate litigation matters. Clients rely on Paul for counsel addressing complex structures, tax liabilities, asset protection, and potential litigation issues. He specializes in strategic wealth preservation planning and trust administration.
Since 2022, many legislative changes have impacted Maryland family law with much of the focus being on no-fault grounds for divorce, residency requirements, and changes to the child support guidelines. However, the legislature, for the first time, defined “voluntary impoverishment,” and that was a big deal. As we approach the third anniversary of a somewhat unheralded change, how has this impacted family law in Maryland?
Voluntary impoverishment is the concept whereby a payor of support deliberately reduces their income to avoid or minimize their support obligation. This can manifest in a number of different ways, including quitting a job, reducing work hours or underreporting income – it can even include retirement in some cases. Until 2022, the Maryland Courts always viewed such tactics critically as voluntary impoverishment. In 1992, the Court in John O. v. Jane O., 90 Md. App. 406 (1992) defined voluntary impoverishment as the act “…to reduce oneself to poverty or deprive oneself of resources with the intention of avoiding child support or spousal obligations.” Id at 421. Just a year later, the Court seized on an opportunity to clarify its John O. v. Jane O. opinion and clarified that while a support obligor’s intent behind voluntary impoverishment may be relevant context, ultimately, the contextual reason for the impoverishment “…doesn’t affect that parent’s obligation to the child.” Goldberger v. Goldberger, 96 Md. App. 313 (1993).
With a clearer understanding of voluntary impoverishment, Maryland Courts evaluated voluntary impoverishment by assessing whether a parent’s unemployment or underemployment was ‘voluntary’ and ‘without justification’ whilst considering a number of factors, including job history, job qualifications, efforts to seek employment, the market, health circumstance, or other employment-limiting factors. Due to the somewhat broad standards and inherent discretion, decisions proved inconsistent over the years.
The Legislature added two relevant definitions to Section 12-201 of the Family Law Article, first, “voluntary impoverishment,” which now means “that a parent has made the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources.” Second, the legislature defined “potential income” to mean “income attributed to a parent determined by:
The legislature also revised Section 12-204 of the Family Law Article which now states that “[i]f there is a dispute as to whether a parent is voluntarily impoverished, the court shall: (i) make a finding as to whether, based on the totality of the circumstances, the parent is voluntarily impoverished; and (ii) if the court finds that a parent is voluntarily impoverished, consider the factors specified in Section 12-201(m) of this subtitle in determining the amount of potential income that should be imputed to the parent.”
The intent was to ensure that the variability and discretion that was apparent in pre-2022 cases was sidelined in favor of consistency. From a practical perspective, many of the pre-2022 recommendations remain if you are a payor of support facing an allegation of “voluntary impoverishment.” But now, all litigants will benefit from the same parameters relative to the question of voluntary impoverishment.
Clearly defining how a court will consider if a support payor has voluntarily impoverished themselves unquestionably offers the accused an understanding of how to counter-act the averment on a factor-by-factor basis. When preparing, you should do the following:
The changes brought to Maryland family law by the legislature of 2022 are significant and defining voluntary impoverishment has often flown under the radar. But such a clarification is a benefit to litigants in Maryland as variability is limited. If you are facing allegations of voluntary impoverishment or if you believe you are involved with someone who you believe is voluntarily impoverishing themselves, call me to discuss your circumstances.