Practice Areas and Legal Definitions

OSHA or MSHA Citation Defense:
Congress created OSHA under the Occupational Safety and Health Act in an effort to prevent work-related injuries, illnesses, and deaths. OSHA inspections investigate reported dangers/accidents about to happen, fatalities or accidents serious enough to send three or more employees to the hospital, employee complaints, and targeted inspections which focus on employers that report high injury and illness rates. The Mine Safety and Health Administration (MSHA) enforces compliance with mandatory safety and health standards as a means to eliminate fatal accidents, to reduce the frequency and severity of nonfatal accidents, to minimize health hazards, and to promote improved safety and health conditions throughout United States mines.

Employers have the right to contest OSHA or MSHA citations and penalties. Critical factors in defending a company in the event of citations issued by OSHA or MSHA include:

• Having documented records of safety committee meetings, employee safety training, facility inspections (with corrective actions), accident investigations (if any), and disciplinary action administered to employees for violations of company safety policy.
  
• Establishing unpreventable employee misconduct. To establish unpreventable employee misconduct, an employer must prove that it has:
  
  • established work rules designed to prevent a violation
    
  • adequately communicated these work rules to its employees
    
  •  taken steps to discover violations, and
    
  • effectively enforced the rules when violations are discovered.
    
•  Having an experienced and knowledgeable attorney handling your case. This is essential in understanding the technicalities and available defenses which may apply to your situation.

Employment law:
Employment law is a growing and ever-changing body of state and federal statutes, rules, regulations, ordinances, judicial precedents and administrative rulings touching on the legal rights and obligations of employers and employees, and of their respective affiliated organizations. One or another aspect of employment law affects virtually every facet of commercial activity in the modern marketplace.

Business contracts:
Business contracts are written agreements spanning a broad range of the business relationships that occur in the life of a typical company. They can include non-compete agreements, non-piracy agreements, non-disclosure agreements, restrictive covenants, employment agreements, producer agreements, sales representative agreements, consulting agreements, management agreements, franchise agreements, licensing agreements, deferred compensation agreements and independent contractor agreements.

Breach of fiduciary duty:
The formation of a "fiduciary relationship" begins when someone places special confidence and trust in another who has substantially superior knowledge and training, and also relies on that person to act in his or her best interest.  If this trust is knowingly and voluntarily accepted, a “fiduciary” relationship is said to exist.  This places a legal duty on the stronger of the two to act diligently in the best interest of the weaker party and never, under any circumstances to secure any advantage at the weaker party’s expense.  There are a limited number of circumstances in business transactions where a fiduciary relationship comes into play.  Courts tend to rigorously enforce fiduciary duties, and in the event of a willful breach often award punitive damages as well as compensatory damages.  Some common examples of fiduciary relationships are a trustee-beneficiary relationship, a doctor-patient relationship, a lawyer-client relationship and a corporate officer-stockholder relationship.

Sales Commission Disputes:
In avoiding sales commission litigation there is no substitute for an artfully drafted agreement spelling out precisely how and at what rate sales representatives are to receive commissions.  Common usage and custom are also taken into consideration by courts in determining the issues, even where there is a written agreement. 

Litigation and dispute resolution:
Commercial disputes often become legal disputes, the resolution of which typically proceeds along an escalating scale of confrontation ranging from informal settlement negotiation to hardball litigation.  An effective business litigation attorney must have complete mastery of this complex and challenging field of law, but more than that, he or she must also have the patience and personal skills to operate on an informal level, and the aggressive forensic ability and tenacity to claim victory in the courtroom.

Contract Remedies:
Contracts are the very stuff upon which the marketplace is founded, and they provide the basis for a large share of business litigation.  The remedies for breach of contract include money damages and injunctive relief expressly directing one of the parties to perform a contractual obligation.  This remedy involves a form of injunction called a “specific performance” decree.  The remedy of specific performance is often called an “extraordinary” equitable remedy, in that courts will not grant specific performance except in a sharply limited number of circumstances.  Punitive damages are not an available remedy in a contract lawsuit.

Business Litigation:
Business litigation is the area of law that provides assistance in the preparation and presentation of a lawsuit or other resort to the courts to determine a legal question or matter in business situations.  Business can be any activity or enterprise entered into for profit, usually a company, a corporation, partnership or any such formal organization.  Business lawyers advise and represent businesses and financial institutions in such areas as business torts, class actions, complex contracts, financial forensics, government investigations, international dispute resolution, professional relations, real estate disputes, securities and antitrust, technology and intellectual property, professional malpractice, shareholder and corporate governance and telecommunications.  Business lawyers place an emphasis on achieving or defending against pre-judgment remedies, including pre-judgment orders for writs of possession, attachments, temporary restraining orders, and injunctions, as well as arbitration or mediation settlements and monetary compensation resulting from lawsuits.  Transactional business lawyers represent clients in matters relating to, but not limited to, organizational, operational and contractual documents for corporations, partnerships and limited liability companies, commercial transactions, mergers, real estate acquisitions, leasing and development and commercial financing.

Alternative Dispute Resolution:
Business disputes can be resolved traditionally, by way of litigation.  This involves the filing of a lawsuit in court that is then answered by the defendant.  Over a period of months and sometimes even years, a lawsuit makes its way through the system, ultimately to be decided by a judge sitting alone, or by a jury, presided over by a judge.  It is an expensive, tedious and time-consuming process.  The modern trend in the economic world is away from the courthouse in favor of one or the other of two less formal, less expensive, faster and more efficient methods of conflict resolution, called "mediation" and "arbitration".

Mediation:
Mediation is one form of Alternative Dispute Resolution that is gaining in popularity in business litigation matters.  In this process the parties jointly select a mediator, usually a lawyer known by both sides to be honest and fair and, more importantly, known to have experience with the type of issues involved in the mediation. Each side submits written factual summaries to the mediator, together with any legal citations that seem appropriate.  

There is a meeting, usually at the mediator's office.  The mediator meets first with both sides, inquiring whether or not there has been any progress toward settlement, and if so, he or she may invite the parties to use his office to discuss the matter further.  If they decide to do that the mediator usually leaves the room for a time, to give both sides a chance to communicate freely.  Upon returning, if the parties have not reached any agreement, the mediator will meet with one side separately, commenting on that side's factual summary and legal citations, expressing an opinion as to the probable outcome if the issues are litigated, and finally, making a recommendation with regard to settlement.  Then the mediator meets with the other side, separately, and repeats the process.  The mediator gives both sides an opportunity to meet with their respective attorneys and discuss the mediator's interpretation of the case and settlement recommendations.  Then all come together again and the mediator attempts to urge both sides toward a common ground of settlement approximating the recommendation he or she has made.  Frequently, the parties will reach a settlement agreement, either on the terms recommended or upon some other and different terms.  The mediator has no authority to impose a settlement, so the parties remain free to resolve their dispute in court.

Arbitration:
Arbitration is a method of Alternative Dispute Resolution.  In this process, the parties jointly select a lawyer to act as arbitrator.  The idea is to choose someone with an outstanding reputation for personal and professional integrity, with heavy litigation experience involving cases similar to the one in which the parties are currently involved.  The parties may select either "binding" or "non-binding" arbitration.  Some lawyers discourage their clients from participating in "non-binding" arbitration, seeing futility in the expense and inconvenience of a process that may prove a waste of time.  Other attorneys discourage their clients from participating in "binding" arbitration, so that their options are preserved in the event of an unreasonable adverse ruling by the arbitrator.

Arbitration is more like a trial than is Mediation.  For one thing, in binding arbitration the arbitrator's decision is virtually the same as a judgment.  In both types, however, the arbitrator actually renders a decision, as opposed to simply making a recommendation.  Each side submits an arbitration brief, containing a summary of relevant facts, a list of the legal issues thought relevant, and reference to the applicable law.  There is a hearing in the nature of a trial, but much less formal.  It is usually held at the arbitrator's office.  Sworn testimony may be offered, subject to cross-examination.  The attorneys usually join in a stipulation agreeing that certain specified facts are not in dispute.

The rules of evidence are less rigorously applied in arbitration hearings than in trials.  Sometimes the arbitrator announces a decision at the end of the hearing, but more often, the case is taken under submission by the arbitrator, the decision being communicated by letter to both sides within a week or two.  The arbitration process takes a lot of pressure off the court system, and it has proven itself as an effective alternative method for the resolution of disputes.

Business Formation:
There really isn’t any need for legal counsel in forming a sole proprietorship, but other forms of business organization are a good deal more complicated and are best accomplished with the assistance of a lawyer.  These include the formation of partnerships, limited liability companies and corporations.

If you or someone you know needs the help of an experienced Maryland Business & Employment Law attorney, call the Law Office of Adele L. Abrams P.C. today at 866-927-3575, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you know needs the help of an experienced Maryland Business & Employment Law attorney, call the Law Office of Adele L. Abrams P.C. today at 866-927-3575, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
Law Office of Adele L. Abrams P.C.
4740 Corridor Pl Ste D
Beltsville, MD 20705-1164
Phone: 866-927-3575
Hours: M-F, 8:00AM-5:00PM
Services provided after-hours

MEMBERS OF THE FIRM:

Attorney Adele L. Abrams, Esq., CMSP

• Jurisdictions Attorney is Licensed in: MD, DC and PA, and U.S. District Courts of MD and DC, the U.S. Court of Appeals, DC Circuit, and the Supreme Court of the United States
• Date Admitted to the Bar: MD Bar 1995; DC Bar 1997; PA Bar 2007
• Colleges Attended, Degree & Year Graduated: University of Maryland, BS 1974; George Washington University, JD 1995
• Professional Memberships & Achievements: Certified Mine Safety Professional (Cert. No. USA 069; Professional Member, American Society of Safety Engineers; ASSE Safety Professional of the Year (2000 and 2008); Professional Member, Energy & Mineral Law Foundation; Registered Environmental Attorney (REA); member, International Academy of Collaborative Professionals; Center for International Legal Studies’ Congress of Fellows; Officer, Business & Industry Div., National Safety Council; Member, International Society of Mine Safety Professionals; Member, Society of Human Resource Managers (SHRM); Member, Maryland Chamber of Commerce; member, Metropolitan Washington Employment Lawyers Association (MWELA); member, American Association for Justice; member, American Bar Association; officer, Maryland State Bar Association (Solo and Small Firm Council); member, Bar Association of DC
• Foreign Languages Spoken: French

Attorney Diana R. Schroeher, Esq.

• Jurisdictions Attorney is Licensed in: MD, U.S. District Court of Maryland
• Date Admitted to the Bar: MD Bar 2003
• Colleges Attended, Degree & Year Graduated: University of Maryland, BA 1990; University of Baltimore, JD 2001
• Professional Memberships & Achievements: Member, Maryland State Bar Association; Member MWELA

Attorney Brian S. Yellin, Esq., CIH

• Jurisdictions Attorney is Licensed in: MD
• Date Admitted to the Bar: MD Bar 2005
• Colleges Attended, Degree & Year Graduated: SUNY at Stony Brook, BS 1990; University of Baltimore, JD 2005
• Professional Memberships & Achievements: Member, American Society of Safety Engineers; Member, American Industrial Hygiene Association; Member, Maryland State Bar Association

Attorney Nichelle Young

• Jurisdictions Attorney is Licensed in: SC
• Date Admitted to the Bar: SC Bar 2007
• Colleges Attended, Degree & Year Graduated: University of Maryland, BS 2000; University of Baltimore, JD 2004
• Professional Memberships & Achievements: Member, Maryland State Bar Association

Attorney Joshua Schultz

• Jurisdictions Attorney is Licensed in: MD
• Date Admitted to the Bar: MD Bar 2008
• Colleges Attended, Degree & Year Graduated: University of Maryland, BS 2000; University of Baltimore, JD 2004
• Professional Memberships & Achievements: Member, Maryland State Bar Association

Attorney Abagail T. Schwartz

• Jurisdictions Attorney is Licensed in: MD, U.S. District Court of Maryland
• Date Admitted to the Bar: MD Bar 2007
• Colleges Attended, Degree & Year Graduated: Catholic University of America, JD 2007
• Professional Memberships & Achievements: Member, Maryland State Bar Association