News
- ADR and Business Law Blogs from Press, Potter & Dozier, LLC
- Barbara I. Berschler Joins Press, Potter & Dozier, LLC
- Upcoming Speaking Event: Dozier at ABA Fall Meeting in September
- Dozier Leads Town Hall Meeting on Environmental Cleanup in El Paso
- PP&D Creates New Business Manual
- Jones Protects Client's Confidential Business Information From Public Disclosure Pursuant to The Freedom Of Information Act (FOIA)
- Jones Gets Case Dismissed from D.C. Superior Court and Obtains Order Compelling Arbitration
- Press and Dozier Achieve Successful Outcome in the US Bankruptcy Court for the Eastern District of Virginia, Newport News Division
- Potter Speaks to Women Business Owners of Montgomery County
- Press Invited to Speak on the Ethical Considerations in Foreclosure
- PP&D's Bankruptcy Practice Expands
- Jones Wins At Circuit Court
- Dozier Featured Speaker at ADR Conference
- Jones Successfully Defends Homeowners Against Mechanic's Lien Lawsuit In The Circuit Court For Queen Anne's County, Maryland
- Small Business Loans Representation
- Dozier's Mediation Philosophy and Style
ADR and Business Law Blogs from Press, Potter & Dozier, LLC
Press, Potter & Dozier, LLC is excited to announce the debut of two blogs, Business Law 101 and ADR Law. Business Law 101 is aimed at business owners and will cover topics including start-ups, commercial real estate, employment law, landlord-tenant issues and intellectual property. Fred Press, Susan Potter, Cecilia Jones, Barbara Berschler and Jamie Hamelburg will be contributing. ADR Law will be written by Dan Dozier and focus on alternative dispute resolution (ADR) and environmental law.
Barbara I. Berschler Joins Press, Potter & Dozier, LLC
Press, Potter & Dozier, LLC is pleased to announce that on July 1, 2009 Barbara I. Berschler joined the firm as a Member. Ms. Berschler has been in private practice since 1985. Throughout her career, she has counseled small and medium-sized businesses and associations offering general business services with a special focus on intellectual property protection.
Currently, Ms. Berschler serves as the co-chair of the Intellectual Property Law Section of the District of Columbia Bar. She is also a member of the Advisory Council of the Montgomery County Bar Association's Business Law Section and a board member of the Rockville Chamber of Commerce. She has published numerous articles concerning copyright, trademark and licensing issues and has lectured extensively on these topics.
Ms. Berschler received her J.D. from the James E. Beasley School of Law of Temple University in Philadelphia, and her LL.M. from the Washington College of Law, American University.
Upcoming Speaking Event: Dozier at ABA Fall Meeting in September
Daniel Dozier will speak at the American Bar Association's Section of Environmental, Engery, and Resources Fall Meeting in Baltimore, September 23-26, 2009. Dozier's lecture will be part of the Basic Practice Series, which "will offer both new and seasoned litigators with insights into environmental litigation and provide practical techniques and approaches that can be applied immediately to one’s practice." The Fall Meeting brochure is available on the ABA website.
Dozier Leads Town Hall Meeting on Environmental Cleanup in El Paso
Daniel Dozier led a townhall meeting in El Paso, Texas in May regarding a $52 million federal plan to clean polluted groundwater beneath a former smelting site. According to the El Paso Times, U.S. Rep. Silvestre Reyes, (D-Texas) said at the hearing that $52 million was insufficient funding for the cleanup.
PP&D Creates New Business Manual
In April 2009, Press, Potter & Dozier created a new manual, "Starting A Business In Montgomery County, Maryland" that identifies the main areas where legal requirements affect business ventures, and provides a roadmap for complying with these legal requirements. For further information on the manual or about our expertise on creating and advising new business ventures, contact Jamie Hamelburg.
Jones Protects Client's Confidential Business Information From Public Disclosure Pursuant to The Freedom Of Information Act (FOIA)
Over the course of several months, ending in April 2009, Cecilia Jones successfully argued that confidential business information submitted to the government by a client was exempt from disclosure under FOIA exemption 4, and thus, not subject to release pursuant to a FOIA request filed by competitors.
Jones Gets Case Dismissed from D.C. Superior Court and Obtains Order Compelling Arbitration
In a dispute with a homeowner following the builder's failure to complete a construction contract, the builder filed a lawsuit in D.C. Superior Court seeking to avoid a broad arbitration clause contained in the parties' agreement. In September 2008, Cecilia Jones successfully argued for dismissal of the case from D.C. Superior Court pursuant to the arbitration agreement; and prevailed upon the arbitrator to lift a stay previously imposed while the matter was pending before the court.
Press and Dozier Achieve Successful Outcome in the US Bankruptcy Court for the Eastern District of Virginia, Newport News Division
In a matter directly related to Cecilia Jones' September victory in DC Superior Court, on March 20, 2009, Fred Press, appearing pro hac vice before Bankruptcy Judge Frank J. Santoro, successfully overcame a Chapter 13 debtor's objection to the continuation of an arbitration proceeding in Maryland on behalf of creditor client represented by Dan Dozier. Relying, in part, on In re Robbins, a 1992 Fourth Circuit Case, and In re Exide Technologies, a 2008 Third Circuit case, Press argued that the filing of a bankruptcy petition in Virginia should not stay Dozier's ongoing arbitration proceeding because, in this instance, the issues in the pending arbitration involved State law matters that did not require the Bankruptcy Court's expertise and that judicial economy would be served by allowing the arbitration to proceed on a parallel track.
Potter Speaks to Women Business Owners of Montgomery County
Susan Potter gave a presentation on March 19, 2009 at the monthly meeting of the Women Business Owners of Montgomery County (www.wbo-mc.com). Potter spoke to the group of businesswomen on "How Your Small Business Can Avoid Common Legal Pitfalls." Among the topics Potter addressed were:
- Reasons why you should establish a separate entity for your business and what are the chief differences among corporations, limited liability companies and other business entities;
- The importance of written agreements among business partners;
- How to minimize your exposure to a personal guarantee.
Potter is a member of the Board of the WBO and serves as the Communications Chair.
Press Invited to Speak on the Ethical Considerations in Foreclosure
On August 21, 2008, Fred Press spoke at a Continuing Legal Education Seminar, Legal Issues in Real Estate Foreclosure, sponsored by the National Business Institute. NBI's upcoming programs and locations can be found at nbi-sems.com.
PP&D's Bankruptcy Practice Expands
Consistent with the current economic environment, Press, Potter & Dozier has experienced a dramatic increase in its bankruptcy practice during the first quarter of 2008. Led by George Bason and Fred Press, the Firm's bankruptcy practice is limited to the representation of creditors who have claims against individuals and businesses that have sought protection under Chapters 7, 11 and 13 of the Bankruptcy Code, and it includes Toyota Motor Credit Corporation among its clients.
Press and Bason have extensive experience in loan restructurings with debtors – both inside and outside bankruptcy. Bason, in particular, is a noted bankruptcy practitioner. From 1984 to 1988 he served as United States Bankruptcy Judge for the District of Columbia, and Judge Bason has written and lectured extensively about bankruptcy law and other topics. In addition to more than 70 published judicial opinions, he was author of the 1984 and 1991 editions of the four-volume set, Debtor and Creditor Relations: Bankruptcy, in West's Legal Forms 2d., as well as the 1992-1999 editions of "Bankruptcy Highlights" in West's Bankruptcy Code, Rules and Forms. Judge Bason was also co-author of Volumes 2 and 10 of the 1975 revision of Collier on Bankruptcy (known as the "Bankruptcy Bible").
Jones Wins at Circuit Court
Cecilia Jones recently represented a client who was attempting to recover fees for services she provided to the head of an unincorporated alumni association for event planning services. At a bench trial held on April 15, 2008, the Circuit Court for Prince George's County found that, in addition to the association being liable for the unpaid fees, the head of the association was personally liable for the breach of a contract with Ms. Jones' client. Ms. Jones was able to secure a wage lien against the defendant and with a very favorable 10% post judgment interest rate.
Dozier Featured Speaker at ADR Conference
On March 14, 2008, Dan Dozier was a featured speaker at the ABA Section of Dispute Resolution 10th Annual Spring Conference, where he presented Pacific Currents: Sound Perspectives on ADR. The program, "Environmental and Land Use Mediation - What Works, What Doesn't and Why?" was held in early April 2008. Other sessions included the topics "Hot Topics in Arbitration: the Fair Arbitration Act, Hall Street, and More," "Women Don't Ask: Negotiation and the Gender Divide," and "The Language of Conflict: How Aggression and Violence Inform the Way We Speak." The Keynote Luncheon featured ABA President William Neukom and the presentation of the D'Alemberte Raven Award to Thomas J. Stipanowich.
Jones Successfully Defends Homeowners Against Mechanic's Lien Lawsuit In The Circuit Court For Queen Anne's County, Maryland
In February 2008, in a lawsuit filed by a subcontractor seeking to impose a mechanic's lien upon the homeowners' property when the general contractor absconded with the homeowners' money without paying subcontractors, Cecilia Jones protected the homeowners' rights against such liens. Jones argued that Md. Real Property Code Ann. § 9-106 did not permit imposition of a lien where the homeowner paid the general contractor, even if the general contractor failed to pay subcontractors. Then, in March 2008, in a related case filed by a separate subcontractor for breach of contract, Jones again prevented subcontractors from extracting money from the homeowners where payments had been made to the general contractor.
Small Business Loans Representation
In late Summer 2007, Fred Press and Susan Potter were retained by a Maryland-based bank to provide representation in the documentation, negotiation, and securitization of small business loans. To date, they have closed five loan transactions which were secured in part by business real estate. In the Fall of 2008, Fred Press and Jamie Hamelburg represented a Virginia bank in connection with the closing of a loan that enabled a shareholder of a Virginia corporation to acquire all of the outstanding shares of all other shareholders, and in January 2009, Fred Press was retained by Great Western Bank of Sioux City, SD to represent it in the Maryland Bankruptcy Court and to assist in the restructuring and collection of troublesome loans.
Dozier's Mediation Philosophy and Style
Dan Dozier has written a brief essay about his mediation philosophy and style. A PDF copy of the paper is available by clicking here.
