MM News

To see articles written by our attorneys on a range of topics, just use the links to the right.

 

What to do if your parent is discharged involuntarily from a nursing home

I regularly receive calls from frantic adult children with news that a parent is being involuntarily discharged from assisted living or a nursing home. (For the purpose of this article, I am using these two terms interchangeably.)  It is a worrisome development, and the adult child wants to know how to handle it. First, it is important to get the facts from the nursing home.  If you have... MORE

Author: Amy L. Griboff

Own a business? You need a buy-sell agreement!

If you own a business, having a buy-sell agreement is a necessity.  Without it, a closely-held or family-owned business is in jeopardy in the event of the owner’s death, disability, retirement, divorce or bankruptcy, or if a dispute arises among the owners. A buy-sell agreement is a legally-binding contract among the owners addressing the terms and conditions for transitioning ownership if... MORE

Author: Ronald E. Lyons

What all employers should know about employees and social media

The use of social media is ubiquitous in the world today. The stark truth is: social media has revolutionized the way people communicate, and legal regimes and workplace customs must adapt. We have recently reviewed numerous handbooks for employers that include social media policies. Including these policies in employee handbooks is essential, as courts and the National Labor Relations Board... MORE

Author: Mariana Minaya

Is that a fake check? Here’s how to find out.

Checks and cashier checks are still common forms of payment, but they, are increasingly used in fraud schemes.  Technological advances, such as high quality photocopiers, permit con artists to produce very convincing counterfeits and reproductions that often pass for genuine.  These fake instruments often contain information from real banks, depositors and their accounts, which makes the... MORE

Author: John C. Fredrickson

If your divorce is amicable, do you need a lawyer?

Sometimes, couples want to avoid lawyers when they seek an amicable divorce.  They may believe that lawyers are unnecessary because their property division is amicable and “simple.”  Or they fear that their spouse will perceive the involvement of a lawyer as adversarial.  But consider this: even in an amicable divorce you must fully understand your legal rights and obligations, including... MORE

Author: Lisa Seltzer Becker

Do Your Employees Understand Their Duty of Loyalty?

All of your employees are subject to an array of implied common law duties. This includes the “duty of loyalty” which requires an employee to serve his or her employer faithfully and refrain from knowingly or willfully acting to harm the business. It also requires the employee to refrain from conflicts of interest with the employer. The duty of loyalty protects you, as the employer, and is a... MORE

Author: A. Howard Metro

For Small Business Contracts, Details are a Big Deal

Far too often we see small business owners with a business model that has a critical defect:  the lack of quality contracts.  While Google and other websites can provide basic contract forms that appear useful, these forms have serious downsides.  Typically they fail to include provisions that are specific to your business and may even include clauses that might actually be adverse to your... MORE

Author: S. Hayes Edwards Jr.

Renovation Litigation: Here’s how to avoid it

I’ve been a lawyer for 42 years now and I have represented thousands of individuals and businesses.  But among the people who know me well, the real milestone is the fact that I have bought and renovated eight houses during that same time.  During just the past 17 years, my husband and I have owned three of the houses on that list and are getting ready to start our downsizing odyssey by... MORE

Author: Lawrence S. Jacobs

Development Rights and Responsibilities Agreements Cleanwater Linganore

McMillan Metro, P.C. represents a number of residential builders and developers.  Over the years, the firm has come to recognize the great risk taken by a developer when it purchases a piece of raw ground and undertakes the entitlement, subdivision and development of a new project.  While the vagaries of the economy affect all enterprises to some degree, developers must also contend with... MORE

Author: Stephen J. Orens

Is a Temp Agency Employee also Your Employee?

Employers often look to temporary staffing agencies to fill pressing employment needs.  Historically, an employee hired this way has been considered to be solely an employee of the agency.  That may be changing, and if your business hires temps through an agency, you should be aware of this development. Last month a federal Circuit Court found that a hospital, using a temporary worker... MORE

Author: Ronald E. Lyons