News & Insights

The “Stranger to the Deed Rule” Does It Get Any Stranger Than This?

The “stranger to the deed” rule, a rule that the Supreme Court of Appeals of West Virginia  explained “derives from feudal interpretations of deeds” survives in the State of West Virginia, at least for now, following the Supreme Court’s June 4, 2021 decision in Klein v. McCullough. In Klein, Julia McCullough conveyed a parcel of…

Status of Recent Legislation Impacting Baltimore City Rental Housing – Requiring Landlords to Offer to Renew Leases and Provide Alternatives to Traditional Security Deposits

Over the last year, the Baltimore City Council has introduced and enacted multiple bills impacting rental housing that residential landlords will need to navigate: In May 2020, the City Council passed the COVID-19 Rent Increase Protection Act, which prohibits property owners from increasing residential tenants’ rental fees and collecting late fees during the state of…

Supreme Court of Virginia Adopts “Morgan Theory” of Presumptions In Fraudulent Conveyance Cases

The outcome of litigation often depends on which party has the burden of presenting evidence to support its claim (the “Burden of Production”) and persuading the judge or jury that it has a viable claim (the “Burden of Persuasion”).  Generally speaking, the party suing has both the Burden of Production and the Burden of Persuasion. …

Wheeling v. Selene Finance, LP: The Safe Harbor for Landlords Conducting Self-Help Evictions In Maryland Is Not So Safe After All

In an April 30, 2021 opinion, Maryland highest court, the Court of Appeals, largely reversed a decision of the Court of Special Appeals.  The Court of Appeals held that: (a) posting a notice under Section 7-113 of Maryland’s Real Property Article stating that a landlord believes a property has been abandoned so that a self-help…

Fourth Circuit: Just Because Bankruptcy Laws Must Be Uniform Doesn’t Mean They Can’t Be Different

By a two to one vote, in an April 29 opinion, the United States Court of Appeals for the Fourth Circuit reversed a decision of the United States Bankruptcy Court for the Eastern District of Virginia that a 2017 increase in U.S. Trustee’s fees violated the Uniformity Clause and the Bankruptcy Clause of the U.S.…

Rosenberg Martin Greenberg, LLP Represents ezStorage In Sale of DMV Portfolio

April 28, 2021– Rosenberg Martin Greenberg LLP is pleased to report that it acted as lead counsel to Maryland-based ezStorage in the sale of its 4.2 million square foot self-storage portfolio that was purchased by California-based Public Storage for a reported price of $1.8 billion. ezStorage is the largest storage company in the Maryland, Virginia…

More Details About the Small Business Administration Restaurant Revitalization Fund Grant Program

The American Rescue Plan Act established the Restaurant Revitalization Fund (RRF), which will provide funding for restaurants and other eligible food and drink establishments. Eligible businesses generally include restaurants, food stands, food trucks, food carts, caterers, bars, saloons, lounges, snack and beverage bars, and various other businesses. Applicants operating bakeries, brewpubs, tasting rooms, taprooms, breweries,…

Virginia Supreme Court Recognizes Exception to American Rule For Covenants Not to Sue

Under what is referred to as the “American Rule,” successful litigants in state and federal courts in the United States generally cannot recover their attorney’s fees and expenses from their opponents.  Unless there is either a statute providing for recovery of attorney’s fees by a prevailing party or a contract between the parties providing for…

Rosenberg Martin Greenberg, LLP Welcomes Seven New Attorneys During Pandemic of 2020-21

Rosenberg Martin Greenberg is pleased to announce the addition of our “COVID class” of seven new attorneys to the firm during the past 12 months. We would like to welcome Christina “Chrissy” Bolmarcich, Brett F. Baldino, Jeffrey S. Greenberg, Gabrielle D. Shirley, Jessica L. Duvall, Robert M. Berman and M. Ari Storch. Barry Greenberg, RMG’s Managing Partner and head of the Firm’s real…

New Baltimore City Law Requires Changes to Residential Leases and Impacts Assessment of Late Fees

On March 22, 2021, the Baltimore City Council passed legislation that mandates changes to all residential leases and impacts when late fees may be imposed. Specifically, the law, entitled “Late Fees for Past Due Rent,” provides that “a residential lease shall include a provision that the landlord may not apply late fees to the rent…