Recent Articles from All Practice Groups

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 >

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 >

United States Permitted To Intervene In Water Dispute Between States

In an original action concerning water rights agreed to between several states under the Rio Grande Compact, Texas argued that New Mexico was permitting its users to siphon off more water than the Compact permitted. The United States sought to intervene, making the same claims as Texas, in part because New Mexico’s actions depleted a reservoir through which the Government... Read More >

Insider Status In Bankruptcy Reviewed For Clear Error, Not De Novo

In U.S. Bank, N.A. v. Village at Lakeridge, LLC, the Village petitioned for Chapter 11 bankruptcy with two primary creditors, U.S. Bank and an insider owner. It needed consent to enter into a “cramdown” reorganization plan, but U.S. Bank refused to consent, and the insider was statutorily unable to provide consent. To fix the problem, the insider owner transferred... Read More >

Immigrants Detained By The Government Not Entitled To Bond Hearings

Under immigration law, applicants for admission to the United States may be detained by the Government until certain proceedings have concluded. Nothing in the applicable statutes limit the duration of detention, nor mention bond hearings. In Jennings v. Rodriguez, an immigrant filed a habeas corpus suit arguing that he should be entitled to a bond hearing once his detention... Read More >

Court Narrows Bankruptcy Safe Harbor Provision

In Merit Management Group, LP v. FTI Consulting, Inc., the Court addressed 11 U.S.C. sec. 548(e), which allows bankruptcy trustees to set aside and recover certain transfers for the benefit of the bankruptcy estate, but not a “settlement payment . . . made by or to (or for the benefit of) a . . . financial institution . ... 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 >

Exempt Organizations: Tax Reform Provisions to Watch

Part II:  Senate and House proposals By Nancy Ortmeyer Kuhn, Chair of Jackson & Campbell's Tax Group The Joint Committee on Taxation released the Senate’s “Description of the Chairman’s Mark of the ‘Tax Cuts and Jobs Act’” on November 9, 2017.  The Ways and Means Committee of the U.S. House of Representatives previously released its long-awaited tax bill on November 2,... Read More >

Supreme Court Clarifies Which Deadlines Are Jurisdictional

In Hamer v. Neighborhood Housing Services of Chicago, the Court, in a unanimous opinion by Justice Ginsburg, set forth a clear and easy way to tell whether a deadline is jurisdictional, and cannot be waived or extended, or is merely a “claim-processing rule” that can be extended: deadlines provided by statute are jurisdictional, while deadlines provided by court rules are... Read More >

The National Practitioner Data Bank: Six Need-to-Knows

The National Practitioner Data Bank (NPDB) was established through Title IV of Public Law 99-660, the Health Care Quality Improvement Act of 1986. Codified at 45 CFR Part 60, the NPDB is an online repository for reports on negative events involving physicians, dentists, and other licensed health care professionals. The statute requires certain health care entities to report the... Read More >

Exempt Organizations: Tax Reform Provisions to Watch

By Nancy Ortmeyer Kuhn, Chair of Jackson & Campbell's Tax Group The Ways and Means Committee of the U.S. House of Representatives released its long-awaited tax bill on November 2, 2017.  The bill is entitled Tax Cuts and Jobs Act, H.R. 1  (“TCJA”).  Note that there is nothing in the title referencing “tax simplification”.  The full text of the bill... Read More >

Susan Knell Bumbalo article published in DRI’s For the Defense

Susan Knell Bumbalo, an attorney in our Insurance Coverage group, wrote an article entitled "Examining Insurers' Obligations to Their Insureds Post-Verdict", which appears in this month’s edition of DRI’s For the Defense.  The article addresses insurer’s duty to appeal and issues associated with various issues that arise when insureds/insurers face an adverse jury verdict.  The article is a good roadmap and... Read More >

Roy L. Kaufmann Testifies before the D.C. City Council on proposed TOPA legislation

Roy L. Kaufmann, from the Firm's Real Estate Group, testified before the D.C. City Council's Committee on Housing and Neighborhood Revitalization on behalf of the D.C. Land Title Association.  He testified on a proposed legislation to amend the Tenant Opportunity to Purchase Act (TOPA) called the TOPA Accessory Dwelling Act of 2017. REDLINE of DCLTA-requested revisions vs. current law 9-8-17... Read More >

New Emergency and Proposed Inclusionary Zoning Regulations

The Department of Housing and Community Development (DHCD), which oversees the Inclusionary Zoning program in DC, has new proposed regulations relating to Inclusionary Zoning.  The nature of these Emergency and Proposed regulations, can be found here.  Although the regulations are called “proposed”, they are effective.  Public comment ends on September 30.  If you care to make any comments, you... Read More >

Congratulations to our Best Lawyers in America © 2018!

Jackson & Campbell would like to congratulate our Best Lawyers in America © for 2018 Arthur D. Burger, Ethics and Professional Responsibility Law David H. Cox Litigation - Real Estate; Real Estate Law William E. Davis, Litigation - Trusts & Estates; Trusts & Estates Roy L. Kaufmann, Real Estate Law James P. Schaller, Commercial Litigation; Ethics and Professional Responsibility Law... Read More >

Arthur D. Burger Begins Membership on Editorial Board of ABA/BNA Manual on Professional Conduct

Arthur D. Burger, Chair of J&C’s Professional Responsibility Practice Group and renowned ethics lawyer, just completed a three-year term as a member of the 10-person ABA Committee on Ethics and Professional Responsibility and now begins his service as an appointed member of the Editorial Board of the ABA/BNA Manual on Professional Conduct.  The Manual is recognized as a preeminent... Read More >