by Samantha ChanUnderstanding the Litigation Discovery Process
When people think about going to court, they often imagine a dramatic trial with witnesses on the stand and lawyers making compelling arguments. They may not realize that most of the critical work in a civil lawsuit happens long before a trial—in a stage of the litigation process called “discovery.” In Maryland civil cases, discovery is governed by the Maryland Rules of Civil Procedure. The discovery phase of a lawsuit allows both sides to gather and exchange information needed to prove (or defend) their case.
The governing principle of the discovery process is to avoid “trial by surprise.” The process is intended to give each side access to relevant information and documents, so they can build their arguments and evaluate the strengths and weaknesses of their case. If you’re involved in a lawsuit in Maryland, here are the five main tools of discovery that may be used:
1. Request for Production of Documents
This allows a party to call upon the other side to produce specific documents, data or things in their possession, custody, or control. For example, in a contract dispute, one side might request copies of emails, invoices, or signed agreements. These requests must be responded to within a set time, and objections to particular requests must be explained.
2. Interrogatories
Interrogatories are written questions that one party sends to the other. The responding party must answer them under oath, within a set period of time. These questions help clarify the other side’s position, identify witnesses, or uncover the basis for their claims or defenses.
3. Requests for Admission
A request for admission asks the other party to admit or deny certain statements of fact or the authenticity of documents. These are available in Circuit Court lawsuits, and are useful for narrowing down the issues that need to be proven at trial. If a party fails to respond to a request for admission, the statement may be deemed admitted for purposes of the trial.
4. Depositions
Depositions involve taking sworn, out-of-court oral testimony from a party or witness, under oath and recorded by a court reporter. Lawyers use depositions to explore a person’s knowledge of the case, lock in their testimony, or evaluate credibility. Depositions are a powerful tool because they allow for follow-up questions in real time. They are available in Circuit Court lawsuits, but not in District Court of Maryland lawsuits.
5. Subpoenas to non-parties
Subpoenas are legal orders attorneys use to obtain documents or testimony from persons or organizations that are not parties to the lawsuit. For instance, an attorney might subpoena bank records or surveillance footage from a business. Like other discovery tools, subpoenas must comply with detailed procedural rules.
Each of these discovery tools has its own rules, timelines, and strategic advantages. Used properly, they allow attorneys to gather evidence necessary to support their case or challenge the other side’s claims. If you’re involved in a Maryland civil case, understanding the discovery process can help you feel more prepared and informed as your case moves forward. When in doubt, you should consult an attorney to ensure that discovery is conducted properly and that your rights and obligations under the Maryland Rules are protected.
by Kelley SingerIs my Non-Compete Agreement Still Enforceable in Maryland?
Maryland has recently taken legislative steps to limit enforcement of non-compete agreements for some categories of employees. Generally speaking, Maryland law will enforce contractual non-compete agreements, if their scope is limited in duration and geographic scope. In addition to these general limitations that apply to all non-compete agreements, Maryland law now generally will not enforce non-compete restrictions in employment contracts of:
- Any employee who earns equal to or less than 150% of the State’s minimum wage rate. (At the time of publication, Maryland’s minimum wage is $15/hour, and $150% of that is $22.50 per hour); or
- Any employee in a position for which they:
- are required to be licensed under the Health Occupations Article (such as doctors, nurses, therapists, dentists, etc.);
- are employed in a position that provides direct patient care; and
- earn equal to or less than $350,000 in total annual compensation; or
- Any employee who is licensed as a veterinary practitioner or veterinary technician.
The above statutory restrictions are applicable if the employee is employed within Maryland, even if the employment contract was signed outside of Maryland.
Significantly, the prohibition against enforcement of certain non-compete arrangements in the medical and veterinary fields still does not allow an employee to take, or use for the employee’s own purposes, an employer’s client list, patient list, or other proprietary client or patient-related information.
Even for those persons earning over $350,000 per year that are required to be licensed under the Health Occupations Article and are employed in a position that provides direct patient care, non-compete restrictions cannot exceed one year from the last day of employment, and the geographic scope cannot exceed 10 miles from the primary place of employment. Upon request, the former employer must provide a patient with notice of the location where the former employee will be practicing.
These statutory limitations will not apply to some categories of employment agreements that were entered into prior to July 1, 2025.
Employers, and Maryland-based employees with non-compete obligations in their contracts, should review new and existing agreements with knowledgeable legal counsel, in light of these recent legislative developments.
by David HisleWhen is it Time for Your Business to Call a Lawyer?
Owning and operating a business in Maryland can provide great opportunities, but along with these come legal obstacles and risk. At some point in the life of a business, disputes are likely to arise – whether with vendors, customers, employees, competitors, or even business partners. Small businesses understandably have concerns about incurring the expense of consulting an attorney, but knowing when to do so can mean the difference between protecting your rights versus dealing with bigger problems later.
Consulting an attorney at the appropriate time can:
• Save your business money,
• Protect your reputation, and
• Prevent small issues from becoming major liabilities
Some of the following triggering events may seem like obvious times to consult with an attorney, but you would be surprised how may businesses wait longer than they should to have a consultation:
1. If you or your company has been sued, or has been threatened with a lawsuit
If you or your business receives a court complaint, a cease-and-desist letter, or even notification of a credible legal threat, an experienced civil litigation attorney can help by:
• Reviewing the stated claims with you,
• Assessing your legal exposure to the stated claims (or potentially to other claims), and your defenses to the claims,
• Responding appropriately to the person that made the claims, consistent with applicable law, and
• Helping you avoid making costly mistakes or damaging admissions.
Early discussion of legal strategy helps businesses resolve disputes before they reach court, and to move quickly and efficiently if a lawsuit has been initiated.
2. If you need to enforce a contract, or someone else is accusing you of breaching an agreement
If another company or person fails to honor the terms of a business agreement – for example, by not paying invoices on time, breaching contract terms, or violating a non-compete obligation – or if such an accusation is leveled against your company, an experienced litigation attorney can help by:
• Evaluating the strength of your claims or defenses,
• Sending a formal attorney demand letter to the other party, and/or
• Filing a breach of contract lawsuit in the appropriate court – or filing a defensive pleading, if another party has accused you.
Experienced litigation attorneys are skilled in negotiation, and in courtroom rules and process, which gives your enforcement effort credibility from the start.
3. If you are involved in a dispute with partners or with other members of your limited liability company
Conflicts among business partners, LLC members, or shareholders in corporations are surprisingly common, and can quickly impact company operations. Common issues include:
• Disagreements about money or decision-making,
• Allegations of breaches of fiduciary duty, and
• Ownership disputes or attempts to force buyouts.
An experienced business litigation attorney can help you pursue or defend against lawsuits seeking business dissolution, injunctions, or damages for claimed breaches of fiduciary duty — and protect your stake in the business.
4. If you suspect fraud, misappropriation of funds, or unfair competition
If an employee or co-owner is engaged in fraud or misappropriation of company funds, or if a current or former employee or co-owner has breached a non-competition or non-disclosure agreement, or is misusing company trade secrets, you may need to act fast. An experienced litigation attorney can guide you through:
• Seeking temporary restraining orders or preliminary injunctions,
• Filing lawsuits for monetary damages or specific performance of contracts, and/or
• Preserving important evidence using court processes.
5. If you want to avoid future litigation
Sometimes the best reason to consult an experienced business attorney is to prevent future litigation. An attorney can review and suggest improvements to your:
• Corporate bylaws or LLC operating agreement,
• Contracts or vendor agreements,
• Employment policies and handbooks, and
• Customer service terms or disclaimers.
You want to spot potential disputes before they arise and draft agreements that stand up in court – saving you time and money in the long run.
by lohmlawLOHM attorneys selected to the 2026 Maryland super lawyers list
Five of our LOHM attorneys have been selected to the 2026 Maryland super lawyers list, and one of our attorneys has been selected to the 2026 Maryland rising stars lawyers list. Selectees this year are: Steve Lewicky (8th year), Verena Meiser (7th year), Eleanor Hunt (5th year), Dave Hisle (3rd year), and Megan O’Connor (2nd year, after 7 previous years being selected to the Maryland rising stars lawyers list). Samantha Chan of our firm has been selected to the 2026 Maryland rising stars lawyers list for the 4th consecutive year.
by Elizabeth BoweryForming a Limited Liability Company in Maryland
To form a Maryland limited liability company, the person wishing to form the new entity must file a document called Articles of Organization with the Maryland Department of Assessments and Taxation. These Articles of Organization must contain information required by the Maryland Limited Liability Company Act, including:
• the name of the LLC;
• the purpose for which the company is being formed;
• the address of the LLC’s principal office located in Maryland; and
• the name and address of the LLC’s resident agent.
The state charges a filing fee for submission of Articles of Organization. The amount of this fee, and the government’s processing time, will vary depending on the method chosen for submission. Articles of Organization can be filed online, by mail, or in person. For those seeking the quickest processing time, Maryland offers expedited service for an additional fee. The LLC entity will only be officially formed once its Articles of Organization have been filed with, and accepted by, the Department of Assessments and Taxation.
While the filing and acceptance of Articles of Organization creates a new LLC entity, an important additional step may be the creation and approval of a written Operating Agreement for the company. Maryland law does not mandate that a Maryland LLC have a written Operating Agreement, but a written Operating Agreement is strongly recommended if there is to be more than one member/owner of the company (and also in some circumstances when there will be only a single member/owner). An Operating Agreement sets forth in detail the members’ rights and responsibilities, as well as the company’s operating rules and procedures. Although the Articles of Organization and the Operating Agreement are both considered to be governing documents for the LLC, only the Articles of Organization are filed with the state and become part of the public record. An Operating Agreement remains in the company’s business records without public filing.
Consider consulting with a business attorney to assist you with setting up your LLC, or in preparing of a written Operating Agreement.
by Lisa WhiteAppealing a Decision of the National Labor Relations Board
In 1935, Congress enacted the National Labor Relations Act (the “Act”) and created the National Labor Relations Board (“NLRB”). The NLRB was formed to adjudicate disputes between employers and employees, while protecting the rights of employees to choose for themselves whether to engage in protected activities such as collective bargaining. The NLRB’s mission is to provide a pathway to dispute resolution without causing business interruptions and disruptions in the flow of commerce that can occur from employee strikes and other protests. The NLRB handles disputes related to union representation and unfair labor practices. Employment lawyers can assist clients in preparing and filing a charge with the NLRB for either of these avenues. Unfair labor practices, as defined in the Act, include an employer interfering with an employee’s right to self-organize, form, or join a labor organization, and collective bargaining. Among the statute’s list of defined activities, unfair labor practices also includes discrimination or termination of an employee for filing charges or providing testimony under the Act.
If an employee receives an unfavorable decision from the NLRB, he or she has the right to appeal the decision. There are different paths for appeal, depending on the stage in the process and the type of claim. If the NLRB refuses to pursue a complaint on behalf of a party, an appeal can be submitted to the General Counsel for review. If an administrative law judge issues an adverse decision, that decision can be appealed to a U.S. Court of Appeals, and then ultimately to the U.S. Supreme Court.
Appeals have specific deadlines, and can require submission of briefs and sometimes oral argument, which are best discussed during a consultation with an employment lawyer. None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as a basis for making decisions regarding your particular situation.
