Gorman & WilliamsGorman & Williams2026-06-30T00:18:54Zhttps://www.gw-law.com/feed/atom/WordPress/wp-content/uploads/sites/1101556/2022/01/cropped-GW-site-icon-32x32.jpgOn Behalf of Gorman & Williams<![CDATA[Hidden property issues can lead to construction disputes]]>https://www.gw-law.com/?p=482492026-06-30T00:18:54Z2026-06-30T00:18:54ZIssues can trigger scope creep
Replacing the backsplash in the kitchen could be a one-day tile project in some cases. However, if professionals discover black mold or non-compliant wiring when they begin the demolition process, they may need to discuss the matter with the homeowner before the project moves forward.
Especially in cases where previously unknown issues could lead to construction code violations, professionals may not be able to overlook those issues and continue with the project as planned. Scope creep, or the expansion of a project beyond its original parameters, is a common complication in the construction sector.
The inclusion of appropriate provisions in construction contracts can reduce the likelihood of frustrated and dissatisfied clients turning to the legal system. Professionals may need to include language that addresses the possibility of unforeseen delays and expenses complicating the project.
Working with a construction law attorney can help professionals ensure their contracts include appropriate terms and respond effectively to client complaints. Professionals and business leaders who plan in advance for common issues, such as hidden defects, are less likely to face legal complications due to contractual oversights.]]>On Behalf of Gorman & Williams<![CDATA[Injunctions can help solve breaches of restrictive covenants]]>https://www.gw-law.com/?p=482472026-06-15T14:51:36Z2026-06-15T14:51:36ZHow do injunctions help?
Injunctions are legal orders issued by a judge. They can prohibit continued violations of the restrictive covenant by putting the defendant named in the lawsuit at risk of contempt of court allegations. The penalties the courts could impose include fines and even jail time. They could also hold the party that violated the injunction responsible for the plaintiff’s legal fees.
Injunctions can also sometimes require actions that address the impact of a prior violation. For example, after the breach of a nondisclosure agreement, an injunction could prohibit the release of additional information or even mandate the removal of inappropriate content from a website or social media page.
Requesting the right legal remedies is an important component of any successful business lawsuit. Business leaders trying to protect a company from the misconduct of outside parties who are still subject to restrictive covenants may need to review an agreement, any breach that occurred and the impact that the breach at issue has had on the business with a business litigation attorney, and that’s okay.]]>On Behalf of Gorman & Williams<![CDATA[3 considerations before starting a partnership]]>https://www.gw-law.com/?p=482452026-06-04T10:21:32Z2026-06-04T10:21:32ZStarting a business on your own might not be something that you want to consider. A business partnership can give the owners shared resources and combined skills. This can help the business to thrive.
Some partnerships look amazing on the surface, but it’s critical to dig deeper into the situation to determine if it’s in your best interest. These three partnership considerations are a good place to start, but there may be others to think about.
1: Aligned goals
Partners should discuss their goals before forming the business, but it’s necessary to also talk about the path to reach those goals. Some partners may want to take risks to encourage rapid growth. Others may want to take a slower and more cautious approach to create sustainable growth. Those differences can lead to considerable challenges as the business grows.
2: Defined roles
A partnership should have clearly defined roles that consider each partner’s strengths. If there are roles that will be shared, how they’re shared should be discussed. It’s also a good idea to outline situations that would require all partners to approve the matter, even if the matter falls squarely within one partner’s role.
3: Dispute resolution methods
Even strong partnerships can face significant disagreements, so having dispute resolution standards in the agreement is beneficial. This should include basic guidelines, such as speaking of the matter away from the workplace, but it should also cover how more serious disputes will be handled. Every decision you make when you’re starting a partnership can have a direct impact on the business. If you decide to move forward with the partnership, you should review the partnership agreement. The more detailed this contract, the better the business is protected. Additionally, the contract should also offer you some protections as one of the business’s owners.
]]>On Behalf of Gorman & Williams<![CDATA[Why would you use a springing power of attorney?]]>https://www.gw-law.com/?p=482432026-05-21T18:35:24Z2026-05-21T18:35:24ZYou can use a power of attorney to decide who can make important decisions on your behalf if you are unable to do so. These are important estate planning documents that allow you to plan for an unpredictable future.
For example, you may decide to use a legal power of attorney. This could give your selected agent the ability to access your bank accounts, engage in real estate transactions or pay taxes on your behalf.You can also use a medical power of attorney. Your agent is then given the ability to make medical decisions for you. This can be helpful if you suffer an emergency, such as a stroke, and doctors need input on what type of care should be provided.
The role of incapacitation
With a springing power of attorney specifically, you get to decide when it goes into effect. Even if you write your power of attorney today and include it in your estate plan, your agent does not necessarily have the ability to make legal or medical decisions for you immediately.What people often do is specify that the agent can only start making these decisions if they become incapacitated. To continue with the example above, if you have a stroke, you may not be able to communicate with the doctors. Because of this incapacitation, your agent can then work with them to make critical medical decisions in real time, ensuring that you still get the care you need.A power of attorney is just one type of estate planning document to consider. Carefully evaluate all of your legal options while getting your plan in place.
]]>On Behalf of Gorman & Williams<![CDATA[3 different types of franchise arrangements]]>https://www.gw-law.com/?p=482412026-05-07T21:16:42Z2026-05-07T21:16:42ZUnder a franchise agreement, a franchisee is allowed to operate a business using much of the intellectual property held by the franchisor. There can be significant benefits to doing this, such as the name recognition provided by using an established product or brand to start a new franchise location.
However, there are different types of franchises, and they can operate in slightly different ways. Below are three examples.
A manufacturing franchise
In a manufacturing arrangement, the franchisor has the right to produce a certain type of product, but they license this right, along with their trademark, to the franchisee. Pharmaceutical companies are often involved in this type of arrangement.
A product franchise
In other situations, a product or trade name is sold, and the franchisee essentially acts as a distributor. An example of this would be an automobile manufacturer. Every dealership is a franchise location that purchases vehicles from the parent company and then resells them to customers.
A business format franchise
One of the most common types of franchise is the business format franchise, where a business model has already been developed by the franchisor. They sell the right to use intellectual property like logos and signage. They may also provide the franchisee with specific products to sell. For example, a fast-food restaurant may require certain ingredients to be used and specific menu items to be sold at every location.In all of these situations, it is important for both the franchisor and the franchisee to understand the legal agreements they are signing, along with the rights and obligations they have under the arrangement.
]]>On Behalf of Gorman & Williams<![CDATA[What happens to the assets that aren’t addressed in a loved one’s will?]]>https://www.gw-law.com/?p=482392026-04-30T18:13:19Z2026-04-30T18:13:19ZWhat happens to forgotten assets
A will only controls assets that are part of a person’s probate estate. Certain accounts and property may pass directly to another person regardless of what the will says. This often includes retirement accounts, life insurance policies and payable-on-death bank accounts that already have named beneficiaries attached to them.
Digital assets are another area people frequently overlook. Online banking accounts, social media profiles and subscription services may all require separate planning. Without clear instructions, loved ones can struggle to access important information or determine what should happen to those accounts after death.
Even assets that were unintentionally left out of specific instructions in a will may still be addressed through what is known as the residuary estate. A residuary estate, sometimes called a residual estate, is the portion of a person’s estate that remains after taxes, debts and specific gifts have been distributed. A residuary clause in a will determines who receives those remaining assets. Without a clear residuary clause, forgotten property or overlooked accounts can sometimes lead to unnecessary delays, confusion or disputes among surviving family members.
Estate planning is not only about creating a will. It is also about making sure every asset is able to work together as part of a complete plan. Reviewing beneficiary designations, ownership titles and digital account information regularly can help reduce uncertainty and protect loved ones in the future. A knowledgeable legal professional can help ensure important details are not accidentally overlooked.]]>On Behalf of Gorman & Williams<![CDATA[When your business name is not actually yours online]]>https://www.gw-law.com/?p=482372026-04-10T11:30:07Z2026-04-10T11:30:07ZWhy businesses overlook this
For many established businesses, a website was not an early priority. You built your reputation through relationships and physical presence, so securing a domain came later. Newer companies often secure domains immediately and treat them as part of the brand.
The systems also operate separately. You register a business through a government process, while you acquire a domain through private providers in a global system. These systems do not connect; registering your business name does not secure the matching domain, and control typically remains with whoever registered it first.
What makes these disputes complex
When this situation comes up, the issue usually centers on control of the domain:
A former partner, employee or vendor registered the domain and still holds it
A different company with a similar name registered the domain first
A prior business relationship can make it easier to trace the domain’s registration and controls. An unrelated third party, particularly one in another country, can make the situation more difficult to address and limit your ability to assert a claim.
Why the outcome is not always straightforward
A matching business name does not determine the outcome. Control remains with the registered owner, and factors such as trademark rights, prior use and registration location all play a role.
Wanting a domain or even using the same business name does not automatically create a clear path to recovery.
A pattern behind the problem
Domain names function as business assets, not just technical details. Whether you can obtain a matching domain depends on the circumstances surrounding its registration and use. Some situations may support a challenge, while others may not. Reviewing who controls your domains and how they align with your business identity can help you better understand your position.]]>On Behalf of Gorman & Williams<![CDATA[The five contract clauses Maryland business owners overlook]]>https://www.gw-law.com/?p=482342026-03-26T16:07:37Z2026-03-26T16:07:37Z1. Choice of law and venue
Many online templates default to the laws of New York or Delaware. If a dispute arises, you could find yourself traveling out of state to defend your business under unfamiliar rules. Explicitly stating that a contract is governed by the laws of the State of Maryland keeps your legal matters local and manageable.
2. Attorney’s fees provisions
Maryland typically follows the "American Rule," where each party pays for their own legal representation. Without a "Fee-Shifting" clause, you might spend $20,000 in legal fees just to recover a $10,000 debt. Including this provision allows you to seek recovery of reasonable legal expenses in a successful breach of contract claim.
3. Mutual indemnification
Indemnity is a commitment to pay for losses if a third party sues. Many contracts are one-sided, protecting only the entity that drafted the document. Many business owners seek to negotiate mutual indemnification. This protects your business from being held financially responsible for a partner’s negligence or mistakes.
4. Integration and merger
The "parol evidence rule" often prevents the use of oral statements to contradict a written agreement. An Integration Clause confirms that the written document is the entire agreement. Without it, and barring exceptions like fraud, those prior verbal promises may be completely inadmissible in court.
5. Liquidated damages
Calculating the exact cost of a project delay is difficult. A Liquidated Damages clause sets a fixed, pre-agreed amount for specific breaches. In Maryland, these amounts must be a reasonable estimate of actual damages. This clause provides a clear roadmap for compensation without the need to prove every penny of loss during a trial.
Protecting your bottom line
A well-drafted contract serves as your first line of defense in the Maryland business landscape. Reviewing these often-missed clauses ensures that your agreements reflect your actual intentions and may shield your company from unexpected liabilities.
]]>On Behalf of Gorman & Williams<![CDATA[What can you do when a competitor poaches your employees?]]>https://www.gw-law.com/?p=482322026-02-27T06:13:25Z2026-02-27T06:13:25ZLeveraging non-compete and non-solicitation agreements
A non-compete is a contract clause that prevents an employee from joining a direct competitor or starting a rival venture for a set period after leaving your organization. For the terms to be enforceable, it should meet the following requirements:
It protects a real business interest such as client relationships or private knowledge
It is fair in both duration and geographic scope
It does not apply to workers earning at or below 150% of the state minimum wage
Non-solicitation agreements can also prohibit former employees from actively recruiting your staff or pursuing your clients after they leave. If your current agreements lack these terms, it may be worth consulting with counsel about whether updated language could better protect your business.
Recognizing when poaching becomes trade secret theft
The Maryland Uniform Trade Secrets Act provides businesses with civil remedies when an outside party acquires, shares or exploits trade secrets through improper means. Private data that might qualify for this protection can include:
Client rosters containing specialized data not readily ascertainable by competitors
Internal strategic plans, financial forecasts and growth targets
Custom methods, formulas or software unique to your operations
Aside from the above, your organization must demonstrate that it kept reasonable measures in place to protect it. Without documented safeguards, such as signed agreements, proving trade secret status in court becomes a much harder task.
Exploring legal options
One of the paths you can take to protect your company is to initiate litigation and seek a temporary restraining order or preliminary injunction to prevent further sharing of sensitive data. However, you must prove that your business will suffer immediate, irreparable harm if the court does not intervene.
A tortious interference with contract claim can also apply if a competitor knowingly encouraged your employees to breach an existing agreement. If departing employees did not have formal contracts in place, the focus can shift to a claim for tortious interference with economic relationships instead.]]>On Behalf of Gorman & Williams<![CDATA[Do technical errors invalidate business contracts?]]>https://www.gw-law.com/?p=482242026-02-13T15:55:36Z2026-02-12T05:00:17ZMinor mistakes rarely void an agreement
While Maryland courts place a high value on the written language of a contract, they distinguish between a substantive dispute and a simple "scrivener's error." If clear evidence shows that a typo or clerical mistake contradicts the parties’ actual intentions, the court can look past the technicalities to enforce the deal originally agreed.
The reason is straightforward: Courts prioritize the substance of the deal over perfection in the paperwork. When both parties understand their obligations and perform accordingly, a technical slip usually does not change the outcome.
Technical errors can become serious problems
A mistake becomes problematic when it changes a fundamental term of the agreement. Consider these examples:
Listing a purchase price as $10,000 instead of $100,000
Stating payment terms of 30 days when both parties agreed to 90 days
Describing goods or services in a way that does not match the prior discussions
Incorrectly identifying one of the contracting parties
When a significant error exists, courts may consider additional evidence to determine what the parties agreed upon. Through a legal process known as contract reformation, a court may modify the written document to align with the parties' actual intent.
This process, however, requires clear and convincing evidence that both parties intended terms different from those reflected in the written contract. In the absence of such evidence, each party may remain bound by the terms as written.
Ways to protect against contract errors
The best way to avoid business contract disputes is surprisingly simple: catch mistakes before they become problems. It is vital for parties to read through every contract carefully before signing it. Even experienced business owners sometimes skim through documents, and that is when important details can be overlooked.
When a mistake does happen, contacting the other party immediately can often solve the issue. Legal counsel can provide valuable assistance in documenting the error and coordinating appropriate amendments without unnecessary complications.]]>