Glenn M. Cooper

Glenn M. Cooper is the manager and senior member of the firm's Litigation and Appellate practice groups. He frequently appears before federal and state courts at both the trial and appellate levels, and before arbitration panels and professional disciplinary boards. The majority of his practice is devoted to complex business, financial, commercial and domestic litigation involving significant business issues. Mr. Cooper's cases have helped shape the current state of the law in a number of areas. He is among a select group of active lawyers who have regularly briefed and argued civil cases in Maryland's highest court, the Court of Appeals, which only accepts cases that involve issues of significant public importance. He has also had the privilege of representing a number of lawyers and law firms in Montgomery County.

Mr. Cooper frequently lectures before various legal and professional associations, and has authored several significant articles on business issues. He was named one of the top family law attorneys in the Washington, D.C. area by Washingtonian Magazine on each of the three occasions the selections were made (February 2004, March 2000 and October 1995) and most recently (Oct. 1, 2006) was chosen one of the 50 best lawyers in the area in the field of family law. He is included in the 2007 edition of Best Lawyers in America, was named in "Super Lawyers" and to "Who's Who in American Law." His closing argument in St. Luke Evangelical Lutheran Church v. Smith (cited below) was included as an example of eloquence in Stein, Closing Arguments, §403.50.

Committed to serving the legal community, Mr. Cooper is past President of both the Montgomery County, Maryland Bar Foundation (2002-2003) and the Bar Association of Montgomery County, Maryland (2001-2002). He previously was a member of the Executive Committee of the Montgomery County Bar Association and has served as a member of the Bar Foundation's Executive Committee for over 10 years. He is a past Treasurer of the Foundation and Association, and was a member of long standing and then Chair of the Maryland State Bar Association Committee on Ethics. Mr. Cooper was the ABA Delegate from Montgomery County, Maryland (2003-2004) and the Chair of the Local Pro Bono Committee for Montgomery County, Maryland (2004-2005; organized pursuant to Rules of the Court).

Mr. Cooper is admitted to practice before a variety of federal and state courts, including the United States Supreme Court. He is a member of the American Bar Association, the Maryland Bar Association, the District of Columbia Bar Association, the American Trial Lawyers Association, the Maryland Trial Lawyers Association and the Bar Association of Montgomery County, Maryland. He is also a Fellow of the Maryland Bar Association, and a Bar Leader of the Montgomery County Bar Association, a Fellow of the American Academy of Matrimonial Lawyers and a Fellow of the American Bar Foundation.

After receiving his B.A. from the University of Maryland, Mr. Cooper went on to earn his J.D., with honors, from that university's law school. In law school, he was a member of the Law Review, the Order of the Coif, and received the Simon E. Sobeloff Prize for distinction in Constitutional Law.

Education

J.D., with honors, University of Maryland School of Law, 1973
B.A., University of Maryland, 1970

Publications

"Standards and Methods of Corporate Control – Maryland," (prepared as primary resource material for and distributed by the courts to all judges throughout Maryland assigned to Maryland's Business and Technology Case Management Program), April 15, 2006

"Shareholder Planning and Problems - Evolving Legal Standard and Methods in the Dynamics of Corporate Control," (prepared as primary resource material for and distributed to all judges throughout Maryland assigned to Maryland's Business and Technology Case Management Program), March 2003

"Advising the Business Client, Shareholder Planning and Problems - Evolving Legal Standards and Methods in the Dynamics of Corporate Control," MICPEL, 1998, 1990, 1986

"Trade Secrets in Maryland for High Technology" (Co-Author), MICPEL, High Technology Law Institute, 1987

"Opinions on Ethics and Professional Responsibility" (Co-Editor), Maryland State Bar Association, 2nd Ed., 1989

"Maryland Usury: 6% Unless ... The Exceptions are the Rules" (Co-Author), Montgomery County Bar Association Continuing Education Institute, 1985

"Proposals on the 'Revolving Door' and 'Chinese Wall'," Maryland Bar Journal, October 1983

Selected Significant Reported Decisions

Andrews v. Anne Arundel County, Maryland, 931 F.Supp, 1255 (D. Md. 1996), aff'd 114 F. 3rd 1175 (4th Cir. 1997), cert. denied, 118 S. Ct. 600 (1997) - represented former elected and appointed officials of Anne Arundel County in constitutional challenge to recover lost benefits and for injunctive relief against enforcement of County's retroactive reduction of pension benefits to affect cost-saving.

Bregman, Berbert & Schwartz, LLC v. United States , 145 F.3rd (4th Cir.1998) - represented law firm and lawyer (who was then President of the Bar Association of Montgomery County, Maryland) in wrongful levy action against the United States (IRS) to recover sums seized by U.S. from a second law firm with which client firm had a fee sharing agreement.

Chantel Associates v. Mt. Vernon Fire Insurance Company, 338 Md. 131, 365 A.2d 779 (1995) - established that insurer had a duty to defend lead-related personal injury claims based upon cellular injury, and that such duty can be determined in a declaratory judgment action before the underlying personal injury case is resolved.

Dominigues v. Johnson, 323 Md. 476, 593 A.2d 1133 (1991) (B) represented local lawyer; revised standards for review of child custody determination so that identifiable harm need not occur before change can be made; relocation alone of parent having joint or primary physical custody may justify a change of custody; established standards for use and review of Master's findings by a Chancellor.

Goldberg v. Miller, 371 Md. 591, 810 A.2d 947 (2002) (B) represented local lawyer; determined that a trial court does not have authority to treat guardian ad litem fees as child support to allow garnishment of federal retirement benefits.

Grant v. Zich, 300 Md. 256, 477 A.2d 1163 (1994) - established standard that when the Court is characterizing property as non-marital or marital, the appropriate analysis is source of funds theory; no presumption of gift is applicable in making such characterization.

Hashem v. Taheri, 82 Md. App. 269, 571 A.2d 839 (1990) - Court determined that when shareholder derivative action is plead together with legal claims, claimant is entitled to jury determination of common questions of fact.

Holy Cross Hospital of Silver Spring, Inc. v. Health Services Cost Review Commission, 283 Md. 677, 393 A.2d 181 (1978) - Court set scope of authority of Maryland Health Services Cost Review Commission over fees of hospital-based physicians.

Hurt v. Philadelphia Housing Authority, 806 F. Supp. 515 (E.D. Pa. 1992) - represented paint manufacturer in suit by low income housing tenants against multiple alleged manufacturers and sellers of lead-based paint and established that theories of enterprise liability and market share liability could not be used.

Jacobs, Trustee v. Mones, 169 Bkry. Rptr. 246 (D.C. 1994) (B) represented local lawyer in adversary proceeding against investment advisor, established that measure of securities fraud damages is the loss to the investor rather than the gain to the advisor; standards for claim of non-dischargability for securities fraud by investment advisor.

Lenkin-N Limited Partnership v. Nace, 568 A.2d 474 (D.C. App. 1990) - prevailed for landlord by establishing that law firm-tenant's failure to adduce any evidence by experts in commercial construction to the effect that landlord's delay in furnishing new office space was unreasonable, precluded tenant recovery.

Maryland National Bank v. United Jewish Appeal Federation of Greater Washington, Inc., - 286 Md. 274, 407 A.2d 1130 (1979) -enforceability of charitable pledges.

Marmott v. Maryland Lumber Company, 807 F.2d 1180 (4th Cir. 1986), cert. denied, 482 U.S. 929 (1987) -merger agreement between lumber companies was too vague to be deemed a contract; conspiracy between corporation and its agents acting within scope of their employment is legal impossibility.

Mendelson v. Brown, 371 Md. 154, 807 A.2d 632 (2002) (B) substantial compliance with notice provisions of local Government Tort Claim Act is sufficient (overruling prior case law).

Naedel v. Naedel, 115 Md. App. 347, 693 A.2d 60 (1997) - argued for and established that exception to limitation of garnishment under the Federal Consumer Protection Act is not applicable to non-modifiable alimony set forth in Agreement incorporated but not merged into Court Order.

Post v. Bregman, 349 Md. 142, 707 A.2d 806 (1998) - represented law firm and lawyer (then President of the Bar Association of Montgomery County, Maryland) in dispute with another law firm over fee sharing agreement and the role of the Maryland Rules of Professional Conduct in interpretation and enforcement of fee sharing arrangements.

Richmond, Fredericksburg and Potomac Railroad Company v. Virginia Central Railway Company, 222 Va. 167, 279 S.E. 2d 146 (1981) - established that railroad freight car-hire funds in the hands of a short-line railroad were trust funds held for intervenor-railroad car owners and were not subject to attachment by interline carrier; federal regulations did not prohibit car owners and short-line from determining by agreement to whom car hire funds were to be paid.

Swartzbauer v. Lead Industries Association, Inc., 794 F. Supp. 142 (E.D. Pa. 1992) - represented paint manufacturer in putative class action by painters in which court rejected enterprise, market share and alternative liability as bases for suit.

St. Luke Evangelical Lutheran Church v. Smith, 318 Md. 337, 568 A.2d 35, 58 U.S.L.W. 2427 (1990) - punitive damages jury award in defamation action against Church and Pastor; in calculating punitive damages a jury may consider attorneys fees in the underlying case.

William H. Metcalfe & Sons, Inc. v. Canyon Defined Benefit Trust, 318 Md. 565, 569 A.2d 669 (1990) - established priorities for distribution of surplus arising upon bulk foreclosure of first trust between mortgagee of a portion of the property and later lien holder on all parcels.

Selected Speeches and Presentations

Speaker, "Business Control Issues and Minority Rights in Maryland, New Developments," Bar Association of Montgomery County, combined program of the Business Law and Business Litigation Sections, April 2006.

Faculty, "Division of Retirement assets in Divorce Cases," Judicial Institute of Maryland, March 2004.

Speaker, "Model Cross-Examination of a Mental Health Expert," Eighth Annual Symposium on Family Law, An Advanced Seminar on Domestic Relations Practice and Procedure, November 11, 2003.

Speaker and Panelist, "Winning Your Divorce Case Through Effective Use of Business Valuations and Expert Witnesses," Bar Association of Montgomery County, Family Law Section, Continuing Legal Education Program, May 2003.

Speaker and Panelist, "Traps for the Unwary Litigator," Bar Association of Montgomery County, Federal Practice Section, Continuing Legal Education Program, April 2003.

Lecturer, "Business Divorce," Maryland Institute for Continuing Professional Education for Lawyers (MICPEL), 1998.

Lecturer, "Advising the Business Client, Shareholder Planning and Problems - Evolving Legal Standards and Methods in the Dynamics of Corporate Control," MICPEL, 1998, 1990, 1986.

Lecturer, Cross-Examination of the Business Valuation Expert, Montgomery County Bar Foundation CLE, 1997.

Lecturer, "Trade Secrets in Maryland for High Technology," MICPEL, High Technology Law Institute, 1987.

Lecturer, "Evidence: Hearsay," MICPEL, 1986.

Lecturer, "Maryland Usury: 6% Unless ... The Exceptions are the Rules," Montgomery County Bar Association Continuing Education Institute, 1985.

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