Recent Articles from All Practice Groups

D.C. Announces new Tax Rates for First-Time Homebuyer

Washington, D.C.’s innovative First Time Homebuyer’s tax rate reduces the recordation tax to .725 percent. The statute is found at Official Code §42-1101(17). The tax rate and value of the property changes from year to year based upon the C.P.I. Effective on October 1, 2019, the purchase price may not exceed $632,500 and the income for a single-member household may not... Read More >

D.C. Tax Rate Changes Effective October 1, 2018

The District of Columbia’s Office of Tax and Revenue has issued a notification of changes in various tax rates that will become effective on Monday, October 1, 2018. The real property tax for Class 2 properties will increase to $1.65 per $100 of value for properties worth less than $5,000,000; $1.77 from $5 million to $10 million; and $1.89 for... Read More >

Arthur D. Burger to Participate on Panel at the 2018 Judicial Conference of the Occupational Safety & Health Review Commission

On September 13, 2018, Arthur D. Burger will participate on a two-person panel on professionalism and ethics at the 2018 Judicial Conference of the Occupational Safety & Health Review Commission at the Darcy Hotel in Washington, D.C. Assistant Virginia Bar Counsel Kathleen Uston, formerly president of the National Organization of Bar Counsel, is also on the Panel, which... Read More >

Common HIPAA Pitfalls in Health Care Mergers and Acquisitions (and How to Identify Them)

Managing all the moving parts in a health care merger or acquisition is challenging in any transaction. For a small health care provider that does not have multiple attorneys at its beck and call, it can seem downright impossible. In the chaos of a massive exchange of due diligence materials, it is easy to overlook the additional agreements that must... Read More >

New Maryland Statute: Corporate Articles of Transfer No Longer Needed to Transfer Real Property

Until August 2018, Maryland was one of the few states that required a state-based corporation that transfers all of its real property assets to execute and file articles of transfer with the State Department of Assessment and Taxation (SDAT). This regulation is outlined in the Corporations and Associations Article of the Annotated Code of Maryland Section 1-101(y) and 3-109... Read More >

Virginia: No Bona Fide Purchaser of an Easement; Terms of Revocable Trust May Permit Transfer by Non-Trustee

The recent case of Kruck v. Krisak, 2018 WL 2386671 (Fairfax Cir. Ct. 2018) addressed two issues of first impression in Virginia regarding bona fide purchasers and how the transfer of real property to a trust might affect a grant of an easement. The case began with an easement for a septic field that was granted in 1974 by Austin Foster... Read More >

Housing Licensing and TOPA in the District of Columbia

Recent changes to the Tenant Opportunity to Purchase Act (TOPA) in the District of Columbia have had broad repercussions in the single-family rental market. Since TOPA’s inception, the competing purposes of maintaining a rental market and encouraging tenants to leave the rental market and become homeowners have resulted in a structure that is difficult to follow and has... Read More >

Decisions, July 2018, Volume 4, Issue 4

Christopher P. Ferragamo, a Director in Jackson & Campbell, P.C.'s Insurance Coverage Practice Group, prepares a bi-monthly newsletter that addresses healthcare issues and healthcare coverage issues called Decisions. Read the latest issue here. Please see below for prior issues of Decisions: May 2018 - Volume 4, Issue 3 March 2018 - Volume 4, Issue 2 January, 2018 - Volume 4,... Read More >

Arthur D. Burger to Participate on Panel at the National Legal Malpractice Conference of the American Bar Association

Arthur D. Burger will be a speaker at the National Legal Malpractice Conference of the American Bar Association at Las Vegas on September 27, 2018. He will be joining a panel of legal malpractice experts from the firms of Williams & Connolly, Gibson Dunn, and Lewis Brisbois. The Panel will discuss strategies for defending suits involving allegations against... Read More >

Justice Kennedy Announces His Retirement

After 30 years as an Associate Justice of the U.S. Supreme Court, Justice Anthony M. Kennedy announced his retirement effective July 31, 2018. In a letter to President Trump, Kennedy wrote: “For a member of the legal profession it is the highest of honor to serve on this court. Please permit me by this letter to express my profound gratitude... Read More >

Court Rejects Overly Strict Standard Used By Special Master In State Dispute Over Water Rights

In an original proceeding brought by Florida against Georgia in a dispute over water apportionment from an interstate river basin, the Court referred the matter to a Special Master for evidentiary proceedings. Florida, as the downstream state, argued that Georgia was using more than its fair share of the water from the basin, thereby harming wildlife in Florida. Ultimately the... Read More >

First Amendment Forbids Mandatory Union Fees From Public Sector Unions

Illinois permits public employees to unionize, and Mark Janus was a state employee whose unit was represented by a public-sector union that engaged in collective bargaining on behalf of its members. The union required that Janus pay a union fee, but he objected since he opposed many of the collective bargaining positions the union took. In the previous case of... Read More >

Court Upholds President Trump’s Travel Ban

In 2017, President Trump issued a proclamation restricting entry of people from eight countries, with exemptions for lawful permanent residents and case-by-case waivers under certain circumstances. The stated basis of the travel ban was that the named countries failed to provide the U.S. with sufficient information about the entrants, creating a security threat, although challengers to the ban (except as... Read More >

Court Strikes Down Abortion Notices Under First Amendment

A number of pro-life crisis pregnancy centers mounted a First Amendment challenge to a California law that required licensed medical providers to provide a notice to its patients of the availability of free or low-cost services, including abortions, and required each unlicensed pro-life medical provider to notify patients that it was not licensed. The centers requested a preliminary injunction, which... Read More >

American Express’s “Antisteering” Provisions Survive Antitrust Scrutiny

Like other credit card companies, American Express (AMEX) permits cardholders to purchase things on credit. However, AMEX encourages cardholder spending by providing more benefits to its members, and that results in higher fees charged to merchants. Merchants, in response, sometimes encouraged customers to use other cards, called “steering.” AMEX in turn put antisteering provisions into its merchant contracts. The government... Read More >

Narrow Majority Largely Upholds Texas Redistricting Plan Against Gerrymandering Challenge

Abbott v. Perez presented the third opportunity for the Court to address gerrymandering claims under the Voter Rights Act, this time examining plans approved by the Texas legislature in 2013 that were largely in accordance with interim plans created by a three-judge Texas court. The 2013 plans evolved from earlier 2011 plans that did not meet with any court’s... Read More >

Supreme Court Has Appellate Jurisdiction To Hear Appeals From The Court Of Appeals For The Armed Forces

There are a separate series of trial and appellate military courts that address criminal charges against service members, capped by the Court of Appeals for the Armed Forces (CAAF). After Keanu Ortiz was convicted of possession and distributing child pornography, he appealed to the Air Force Court of Criminal Appeals (CCA). Colonel Martin Mitchell was part of the panel of... Read More >

Defendant Who Consents To Separate Trials Not Subject To Double Jeopardy

After Michael Currier was indicted for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon, he opted for separate trials, doing burglary and grand larceny first, unlawful possession second. He was concerned that his prior convictions for burglary and larceny, which would help prove the unlawful possession charge, would prejudice the jury’s consideration of his current... Read More >

Government Needs A Warrant To Obtain Cell-Site Records To Track Suspect’s Movements

When the FBI suspected that Timothy Carpenter was involved in several robberies, it identified his cell phone number and obtained cell-site information from his wireless carriers without a warrant, which could be used to track the movement of his phone, and thus Carpenter himself. Carpenter moved to suppress the information as violating the Fourth Amendment’s requirement for a warrant supported... Read More >

Patent Act Permits Recovery Of Lost Profits From Foreign Patent Infringement

In WesternGeco LLC v. ION Geophysical Corp., WesternGeco sued ION for patent infringement under the Patent Act for creating an identical ocean floor surveying system that ION assembled overseas from parts made in America. A jury awarded WesternGeco damages and lost profits. ION moved to set aside the lost profits since it argued the Patent Act did not... Read More >

Removal Notice Must Specify Time And Place Of Proceeding To Stop Ten-Year Period To Cancel Removal Proceedings

Once a nonpermanent resident has been in the U.S. for a ten-year continuous period, they can cancel removal proceedings under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. That period is stayed if the resident receives a written notice to appear that specifies a time and place for the removal proceedings during the ten year period. A... Read More >

Securities And Exchange Commission Administrative Law Judges Are “Officers Of The United States” Under Appointments Clause

The Constitution’s Appointments Clause sets forth certain requirements for appointing “Officers of the United States,” who are more than mere employees of the federal government. The Securities and Exchange Commission (SEC) utilizes Administrative Law Judges (ALJ) to adjudicate administrative proceedings involving violations of securities laws. Those ALJs are not appointed in accordance with the Appointments Clause. When Raymond Lucia was... Read More >

Stock Options Are Not Money Remuneration Under The Railroad Retirement Tax Act Of 1937

To support the nation’s ailing railroad systems, Congress passed the Railroad Retirement Tax Act in 1937 to bolster railroad employee pensions based on their “compensation,” which was defined as “any form of money remuneration.” Previously, the exception was used to exclude traditional perks like food, lodging, and tickets, but railroads recently began offering stock options. The lower courts split... Read More >

Court Permits States To Impose Sales Taxes On Online Retailers Under The Commerce Clause

In prior cases going back to 1992, the Court had ruled that the Commerce Clause precluded States from imposing sales taxes on sellers who did not maintain a physical presence in the State. But then the Internet exploded, and online retailers like Amazon regularly sell products in the various States while eluding sales taxes. In South Dakota v. Wayfair,... Read More >

Nurses Qualify to Testify about Causation

In Frausto v. Yakima HMA, LLC, 393 P.3d 776 (Wash. 2017) the court held that an Advanced Registered Nurse Practitioner (ARNP) could qualify to provide causation testimony in a pressure ulcer case. The court based its holding, at least in part, on the Washington state statute empowering ARNPs to diagnose illnesses. The court noted that a majority of... Read More >

Health Law Group Privileged to Serve Children’s National Medical Center

Recently Jackson & Campbell’s Health Law Practice Group successfully defended Children’s National Medical Center in a wrongful death lawsuit. Judge Anthony Epstein entered judgment for the hospital after Plaintiff rested his case at trial. Attorneys Crystal S. Deese and Diona Howard-Nicolas, along with the entire Health Law Practice Group, are honored to have served our client in... Read More >

Court Upholds District Court Judge’s Explanation For A Sentencing Modification

A criminal drug offender was originally sentenced to 135 months’ imprisonment after the Sentencing Guidelines provided a range of 135 to 168 months. The U.S. Sentencing Commission thereafter revised the range for the same crime to 108 to 135 months. The defendant moved the district court to modify his sentence accordingly. The judge lowered the sentence to 114 months, not... Read More >

Courts Of Appeals Are Obligated To Correct Plain Sentencing Guideline Errors Under Federal Rule Of Criminal Procedure 52(b)

Under Federal Rule of Criminal Procedure 52(b), a court of appeals “should exercise its discretion to correct”  an error in the district court’s application of the Sentencing Guidelines if the error “seriously affects the fairness, integrity, or public reputation of judicial proceedings.” In Rosales-Mireles v. United States, after the defendant was sentenced under a miscalculation under the Sentencing Guidelines... Read More >

Court Denies Injunctive Relief In Maryland Gerrymandering Case

In Benisek v. Lamone, several Republican voters filed suit in 2017 challenging Maryland’s 2011 redrawing of its Sixth District as being gerrymandered against their constitutional rights. Those voters moved for a preliminary injunction in the district court, to allow the creation of a new districting map. The district court denied that relief and stayed the proceedings pending the decision... Read More >