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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.

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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Corporate

Proposed MD Legislation Could Enhance Asset Protection

In many cases, the complexities and considerations of asset protection suggest that ownership of certain assets by different entities is the preferred technique. In fact, separating or isolating assets is often regarded as a fundamental part of a well-conceived asset protection plan.

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Corporate, Litigation

Damages Waiver Clauses Often Problematic

Waivers of consequential damages in contractual agreements have become commonplace, yet these clauses often result in significant unintended consequences. Here is an example of a simple consequential damages waiver clause, the kind frequently found in the “miscellaneous” section of contracts:

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Corporate, Employment Law

Restrictive Covenants in Medical Practice

Restrictive covenants have always been a useful and legitimate means of protecting businesses in various professions from unfair competition, especially from departing employees or management who’ve had access and introduction to clients, patients or customers. Such restrictions are especially important for healthcare providers whose personal connections with patients form the basis for a continued relationship.

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