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The Paley Rothman Blog

Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.

Corporate, Litigation

Businesses Beware: Spend Now to Save Later Avoid the Future Cost of Do-It-Yourself Contracts

Your business has weathered a rocky economy. You have looked for expenses that can be trimmed from your budget. You eye the number entered next to “Legal Expense” and think that maybe you could reduce it by using some form contracts or drafting your own. Most assuredly, you would only think that way if you have never been involved in litigation.

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Corporate

Limiting Indemnification in Acquisition Agreements

Among the essential elements in an agreement to purchase a company or its assets are the "indemnification" provisions. The selling company or its owners are generally required to indemnify the buyer against damages that the buyer may sustain because of breaches of the representations, warranties and covenants contained in the acquisition agreement. It is important for the sellers to negotiate meaningful limitations to the indemnification obligations. Those limitations take various forms, and often are the subject of intense negotiations.

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Corporate

Certain Property Transfers Now Exempt From MD Taxes

For certain businesses looking to refinance, fireworks weren’t the only thing on their minds this past July 4th. On May 16, the Maryland Governor signed into law House Bill 0372 (Chapter 0453)/Senate Bill 0202 (Chapter 0452) that took effect July 1 and is applicable to all instruments of writing recorded on or after that date.

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Corporate, Health Law

Gene Patent Protection Still A Work In Progress

The Supreme Court recently ruled that naturally-occurring human genes are “products of nature” that are not eligible to be patented. At the same time, however, the Court held that artificially-created DNA, so-called complementary DNA or cDNA, is patent-able, because it is not naturally occurring.

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Corporate

Liability Waivers in Maryland: Are They Enforceable?

If you have paid a visit to the local gym or community swimming pool, taken sky diving or trapeze lessons, gone scuba diving, bungee jumping, zip lining or engaged in any activity which poses a risk to life and limb, you probably had to sign a liability waiver or a “pre-injury” release. Any such document generally states that you are aware the activity you are about to undertake is dangerous and could result in personal injury or even death - and that you engage in the activity at your own risk.

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