Law Office of Edward E. Sharkey LLC
The Law Office of Edward E. Sharkey LLC is a firm of dedicated business and trial lawyers in Bethesda, MD who concentrate on business law and civil litigation.
Our business attorneys represent businesses and individuals throughout Maryland, Washington DC, and the United States in the areas of business and corporate law, commercial transactions, and civil litigation, including the litigation of business, contract, securities, pension, construction, and professional liability disputes.
Our corporate lawyers have the skill and experience to handle legal matters arising at every stage of the business life cycle, from start-up to dissolution, including the negotiation and documentation of business financing, commercial transactions, employment and non-compete agreements, sales, acquisitions, leases, and licenses.
On behalf of businesses and individuals, our trial lawyers litigate cases at all levels of federal and state court, as well as every major arbitral forum.
What makes us unique?
Our business lawyers represent some of the world's largest and best-known companies. We also, however, counsel start-ups and private businesses of all sizes. Our clients benefit from our training and experience with the most sophisticated matters, but because we are a smaller firm, they enjoy a higher level of attention and more economical fees than large firms provide.
Our business lawyers also have a depth of experience in both transactional and trial work. This is uncommon, and we foster that breadth of experience. Why does this benefit our clients? A corporate lawyer can best protect a client's interest if the lawyer knows how transactions and companies unravel during disputes. Similarly, a trial lawyer can best resolve conflict for a client if the lawyer understands the rights and obligations arising from the relevant documents. Our breadth of experience also means that business clients meet most of their legal needs by partnering with our firm.
Our Bethesda, MD based business attorneys assist clients in Maryland, Washington DC, and nationwide.
Can You Terminate an Employee on FMLA Leave? If You Have a Non-discriminatory Reason.
Employers often ask whether the FMLA precludes terminating an employee who is on FMLA leave or planning to take leave. It can be confusing. The FMLA entitles employees to take leave for serious medical conditions. It is illegal for employers to terminate employees for exercising their FMLA rights.
The FMLA is not, however, intended to prevent the ordinary operation of employment policy and practices. More to the point, it is not illegal to fire an employee for a legitimate, non-discriminatory reason simply because they are on FMLA leave or plan to take leave.
If You Want to Arbitrate a Lawsuit, Arbitrate
In a recent opinion, a California court enforced a rule that applies in most states, including Maryland: a business may waive its right to compel arbitration of a lawsuit if it does not act reasonably promptly to invoke the right.
In the case, a claimant sued a business. The business had a contractual right to force the claimant to arbitrate the claim. Instead of moving to dismiss in favor of arbitration, however, the company answered the complaint, responded to discovery requests, and filed a motion to dismiss on other grounds. Four months later, the company made a demand for arbitration.
Don't Rent to Pitbulls
In a recent opinion, the Maryland Court of Appeals established a standard of strict liability for harm caused by pit bulls (or pit bull mixed breeds). This is different from the standard applicable to every other dog, where liability must be based upon proof that the owner had reason to know of the dog's dangerous propensity. The traditional standard is why people commonly suggest that dogs are given "one free bite" before their owner will be held liable for injuries they cause.
Maryland Is First State to Ban Employers From Seeking Facebook Passwords
Effective October 1, 2012, a new law will make it illegal for Maryland businesses to require employees or applicants to turn over passwords to their social media accounts.
There are good reasons for the law. There also are good reasons for exceptions. One exception in the statute is for companies that believe a personal account was used for business purposes and need to ensure compliance with securities or financial laws.
