Welcome to your daily briefing on legal developments in Maryland. Today we're covering 8 key stories including updates on maryland legal headlines, background & context. Let's dive in.
5 stories
The Federal Bar Association Maryland Chapter serves as a resource for lawyers practicing before the U.S. District Court for the District of Maryland.
MD legal professionals who appear in federal court can benefit from this dedicated professional network and its specialized resources.
People's Law Library offers guidance on the process for shielding or sealing a case record in Maryland.
Maryland attorneys advising clients on expungement alternatives or record-clearing strategies need current procedural guidance on shielding and sealing mechanisms.
The Maryland Judiciary outlines what types of records are considered judicial records, which are available to the public, and which remain confidential.
Maryland legal professionals need clear guidance on record accessibility to advise clients and comply with court procedures.
The Maryland Secretary of State has published an official State of Maryland website for business-related services and information.
Legal professionals advising Maryland entities on formation, registration, and compliance matters rely on the Secretary of State as the authoritative source for official business filings and regulatory requirements.
The United States District Court for Maryland now requires legal professionals to submit copy work requests to the Clerk's Office for certified, exemplified, or standard document copies, with payment due at the time of request.
Maryland attorneys and paralegals who regularly file record requests should note this procedural update to avoid delays in case preparation and client service.
Reach professionals in this market
3 stories
Courts have generally held that preservation obligations may arise when litigation is reasonably anticipated. Attorneys may wish to consult applicable rules and case law regarding litigation hold practices.rvation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.
Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.
Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.
An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.
Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.
A void arbitration clause means the dispute lands in court, often with discovery and jury exposure that the clause was meant to prevent. Drafting discipline at contract formation is cheap; defending the clause years later is not.
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