Recent Articles from All Practice Groups

DC Super-Priority Lien on a Condo Cannot Foreclose Subject to First Priority Mortgage

Following from its decision in Chase Plaza Condominium Assoc. v. JPMorgan Chase Bank, 98 A.3d 166 (DC 2014), in which the DC Court of Appeals held that a DC condominium foreclosing on its statutory six-month super-priority lien could by law extinguish an otherwise first-priority mortgage when the proceeds of the sale were insufficient to satisfy that mortgage, the Court was... Read More >

Art Burger to Participate on Panel, Ethics in a Changing World

On April 24 at 6:00 p.m. Arthur D. Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, will participate on a panel before the Federal Communications Bar Association for a CLE course entitled:  Ethics in a Changing World. Mr. Burger and the other panelists will discuss ethical issues attorneys should consider when changing firms, or when hiring lateral... Read More >

DC Legislation Proposed to Exclude Single-Family Homes from TOPA

The District of Columbia Council has gone through its first round of considering legislation proposed to exclude single-family homes from TOPA.  Bill 22-315 was first introduced last year and focused on excluding accessory units (like basement apartments).    After a lengthy hearing on that iteration, the proposal was expanded to exclude single-family homes, including those with accessory units. The name of... Read More >

Court Restricts Collections Efforts Under Foreign Sovereign Immunities Act

In Rubin v. Islamic Republic of Iran, certain parties obtained a judgment against Iran under the state sponsors of terrorism exception to the Foreign Sovereign Immunities Act. They then sought to enforce that judgment against Iranian historical artifacts housed at the University of Chicago. The district court declined to permit the attachment, and the Seventh Circuit affirmed. The Court,... Read More >

Guilty Plea Does Not Bar A Constitutional Challenge To Conviction

Class v. United States When Rodney Class was indicted for possessing firearms in his locked vehicle parked at the U.S. Capitol, he moved to dismiss on the basis that the law violated his Second Amendment and Due Process rights under the Constitution. The district court declined Class’ motion, and he entered into a written plea agreement, which did not expressly... Read More >

Court Reads Dodd-Frank Whistleblower Law Narrowly, Excludes Internal Whistleblower

Digital Realty Trust, Inc. v. Somers In 2014, Paul Somers, a vice president for a real estate investment trust, reported to senior management several suspected securities-law violations by the trust. He was subsequently terminated. He brought suit claiming protection as a whistleblower as defined under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which defines whistleblowers as... Read More >

Key Provisions of the Tax Cuts and Jobs Acts

By:  Nancy Ortmeyer Kuhn, Esq. The “Tax Cuts and Jobs Act” or “TCJA” is the new tax law effective for tax years beginning January 1, 2018 or later.  TCJA has many interconnected parts and it is not yet completely clear how some of these parts will co-exist to impact certain taxpayers.  Already, many questions have arisen regarding interpretation of terms and... Read More >

Southern District Heightens Lawyers’ Duties in Preventing Spoliation of Evidence by Clients

In Industrial Quick Search, Inc. et al. v. Miller, Rosado & Algois, LLP et al., January 2, 2018, the Southern District of New York issued a decision underscoring the importance of lawyers paying early attention to the need for imposing “litigation holds,” being proactive in ensuring compliance with such holds, and making a clear record of steps taken with... Read More >

Art Burger to Moderate Panel at ABA National Conference

Arthur D. Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, will be the moderator on a Panel at the 44th ABA National Conference on Professional Responsibility. The panel will be on Friday, June 1 during the Conference in Louisville, KY from May 30-June 1 of 2018.  Art’s Panel, When Clients Go Rogue will feature speakers Carol... Read More >

Challenges to EPA “Waters of the United States” Rule Must Be Filed In Federal District Court

The Clean Water Act limits the discharge of pollutants into “navigable waters,” which is defined by Congress as “the waters of the United States.” The EPA issued a Rule to define that term. While most agency rules are properly challenged in the federal district courts, the Act required challenges to rules issuing “any effluent limitation” or “issuing or denying any... Read More >

Court Holds That Tolling Statute “Stopped The Clock” On State Law Claims, Instead Of Providing A “Grace Period”

In Artis v. District of Columbia, Artis filed a suit against D.C. in federal court with a federal discrimination claim and some state claims. Two and a half years later, the district court dismissed the federal claim, and with it dismissed the state claims for lack of jurisdiction. Under 28 USC sec. 1367(d), the “period of limitations” for re-filing the... Read More >

Court Finds Probable Cause To Arrest Partygoers For Unlawful Entry

When police officers busted a raucous party being held in a vacant house, some of the partygoers said that “Peaches” owned the house and allowed the party. On the phone, though, Peaches admitted she had no such authority, and the true owner told police he had never given anyone permission to be there. The officers arrested the partygoers for violating... Read More >

Administrator looking at altered medical records

Health Care Providers’ Altered Medical Records Results in Attorney’s Disbarment

Delaware Supreme Court Rules on Malpractice Case Concerning Altered Medical Records The Supreme Court of Delaware disbarred a lawyer who had been practicing for more than three decades, with no prior disciplinary record, after he failed to produce the original version of altered medical records and then failed to correct the sworn testimony of the physician and physician’s assistant who altered... Read More >