As tax defense attorneys and former IRS prosecutors, we are very experienced in resolving Maryland and federal tax problems. One of the common issues we encounter involve the failure to pay Maryland sales and use tax. I. Applicable Statutes and Case-Law Section 11-102(a) of the Tax-General Article, Annotated Code of…
Maryland Business Litigation Lawyer Blog
Insider Trading in the Commodities and Futures Markets
As a lawyer who has successfully defended many types of insider trading allegations by both the SEC and CFTC, I am often asked to explain what type of insider trading is prohibited by the CFTC within the commodities and futures markets? I. General Overview and Background of CFTC Generally, regulation…
Piercing the Corporate Veil
Generally speaking, a Maryland corporation provides protection to individuals from personal liability associated with debts of the corporate entity. When a plaintiff or creditor is able to go after an owner’s personal assets, it is commonly called “piercing the corporate veil”. Maryland law is crystalline that the corporate entity will…
Examination of the Duty of Insurance Agents After the Sale
Simply put, an insurance agent has no general duty to advise its insureds, with regard to essentially anything after the issuance of the policy. In Maryland, as well as other jurisdictions, the basis for not holding agents to a standard of care stems from a fear that to do so…
Tortious Interference of Contract in Maryland
On of the most common dispute between businesses involves a tort know as tortious Interference of contract. Maryland recognizes two types of tortious interference claims: “inducing the breach of an existing contract and, more broadly, maliciously or wrongfully interfering with economic relationships in the absence of a breach of contract.”…
Maryland Does Not Recognize a Breach of Fiduciary Duty Claim
To the surprise of many commercial litigators, Maryland does not recognize an independent breach of fiduciary duty claim. The Court of Special Appeals recently stated “In a claim for monetary damages at law … an alleged breach of fiduciary duty may give rise to a cause of action, but it…
Employees or Independent Contractors? Don’t Let the Tax Consequences of an Incorrect Classification Surprise You
Many businesses approach classifying workers as a tax strategy: classify someone who performs services for you as an employee, and the employer must withhold federal income taxes, withhold and pay social security and Medicare taxes, and pay unemployment tax on wages paid to an employee. Classify that same worker as…