Carr Maloney P.C.

In December, associate Sarah Godfrey will be speaking at a seminar titled "Medical Records Law in the District of Columbia." The seminar is designed to update health care providers and other professionals (including medical records custodians, hospital administrators, compliance directors, and attorneys) on HIPAA privacy and security rules, how to respond to subpoenas, special medical records challenges related to minors or other sensitive health issues, and avoiding litigation and penalties for privacy violations. The seminar will take place on December 5, 2008 at the Embassy Suites Hotel in Washington D.C. For registration information or questions about the seminar, please call Sarah Godfrey at 202-310-5549.

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Kelly Lippincott published the article Managing the Risks of a Defective Product, which appeared in the Occupational Health & Safety magazine (September 2008). To read the full text of the article please click here.

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Bill Carter and Jim Steele co-authored an article for the BNA Health Law Reporter in August 2008. Their article, Injuries in a Health Care Practitioner’s Office: Where is the Insurance Coverage?, can be viewed by clicking here.

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Tom McCally will give a speech to the Montgomery County Maryland Circuit Court Judges on the "Nuts and Bolts of Employment Law" on September 8th. He will present the defense perspective and Larry Kaye, Esq., his co-presenter, will give the plaintiff's perspective.

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Bill Carter was profiled in the July 2008 edition of Corporate Counsel magazine. The full page feature highlights Bill’s appellate experience and the appellate services offered by the firm. To read the profile please click here.

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Jan Simonsen has been elected to a one year term as the Secretary of The Counsellors, a Washington, DC professional organization of local attorneys and judges. Kevin Murphy, a former Past President of the group, will serve as a Director.

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Jan Simonsen, Ali Beydoun and Kelly Lippincott will speak at a BNA audio-conference on November 6 titled "Product Recall ABCs - Advising Your Client, Brand Preservation, Cost Considerations”.

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Tom McCally is confirmed to present on a panel at a Legal Marketing Association conference in New Orleans on September 19, “A New Look at Networking: Social Media, PR 2.0, PR 1.0, and Traditional Networking – Integration is Imperative”.

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Jan Simonsen was interviewed by QSR Magazine on fast food drive-thru window security issues. The article will appear in the October edition of QSR Magazine, the leading media outlet of the fast food industry.

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Tom McCally participated in a panel discussion on behalf of the Association of Legal Administrators titled Diversity -- Yesterday, Today and Tomorrow. Tom specifically addressed the legal pitfalls of implementing a diversity program. The ALA recently recognized this presentation with a first place award at the ALA Annual Meeting in Seattle for outstanding chapter programming.

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On May 30, 2008, a federal court in Washington, D.C., approved a settlement negotiated by Ali Beydoun of Carr Maloney P.C., that dismissed the firm’s client, a magazine publisher, from a lawsuit filed by the Humane Society of the United States. In the case, which involved important First Amendment issues, the Humane Society accused the publisher of violating District of Columbia consumer protection laws by encouraging prohibited conduct through the sale of its magazine. The dispute was chronicled by the Associated Press. To read the full AP article click here (PDF).

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Lawrence E. Carr, Jr. will be honored by the Bar Association of the District of Columbia at the Annual Meeting on June 17, 2008 at the Mayflower Hotel. Larry is a 50-year member of the BADC and a former President of the organization.

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Carr Maloney associate Ali A. Beydoun has been instrumental in advocating on behalf of the indigenous people of the Chagos Archipelago before the US and UK governments. They were forcibly removed from their homeland more than 40 years ago to make way for a military base. To read more about Ali’s important pro bono work to repatriate the Chagossians please click here. (PDF)

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Internal message boards are creating new areas of liability for employers. Tom McCally contributed to a May 12, 2008 National Law Journal article concerning message board liability and advised employers to take crucial steps to manage the risk. To read the full article please click here. (PDF)

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On March 27, 2008, the U.S. District Court for the District of Columbia ruled in favor of a restaurant and nightclub owner's insurer holding that the insurer was not required to defend and indemnify the owner in a wrongful death action brought against it because the insurance policy's assault and/or battery exclusion barred coverage. The insurer was represented by William J. Carter and Mariana D. Bravo. Click here to read more. (PDF)

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On April 21, 2008, Kevin M. Murphy participated in a panel discussion for trial practice students regarding "Careers in Litigation" at the University of Maryland School of Law.

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Carr Maloney is a sponsor of the Montgomery County Women's Bar Association's annual Take Your Child to Work Day luncheon, which is set this year for Thursday, April 24, 2008. The program is designed to show youth the value of their education and to provide them with an opportunity to share how they envision their future.

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Paul Maloney and William Carter submitted an amicus brief on behalf of Medmarc in the Riegel v. Medtronic case. This is the leading case on preemption for pre-market approved devices. In February, the Supreme Court decided 8 to 1 in favor of Medtronic, thereby barring most common law claims that could be brought by a plaintiff injured by a pre-market approved device.

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Carr Maloney is hosting a book drive this Spring on behalf of Turning the Page, a local non-profit group that supports the DC Public Schools. We are collecting books of all genres and for any age through the end of March. Turning the Page will then host a book sale of all the donated books to benefit the schools.

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On March 13, 2008, Dennis Quinn participated in a panel discussion entitled Preventing Legal Malpractice Claims and Ethics Complaints in Your Law Practice at the Northern Virginia Community College campus in Annandale. The seminar was sponsored by Minnesota Lawyers Mutual Insurance Company.

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Carr Maloney P.C. is pleased to announce that Michael J. Sepanik and Mariana D. Bravo have been elected Members of the firm as of February 1, 2008. Mike concentrates his practice on product liability, professional malpractice and complex litigation. Mariana concentrates her practice on General and Professional Liability as well as Immigration Issues.

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On April 3rd, Jan Simonsen and Tom McCally will present a seminar on "Violence in the Workplace, Liability and Risk Management Issues Facing Retailers for Criminal Acts by the Public and Employees". The seminar will be presented to the National Retail Federation's Committee on Employment. The seminar will take place in Longboat Key, Florida.

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On June 23rd, Jan Simonsen will be presenting a seminar on "Defending your organizations from the most common claims of negligence in Loss Prevention". This seminar will be presented at the National Retail Federation's Annual Loss Prevention Convention in Orlando, Florida.

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On September 11th, Jan Simonsen and Dennis Quinn, together with Virginia Bar Counsel, George Chabalewski, will be presenting a seminar through VA CLE on Legal Malpractice and Bar Complaint issues. This seminar will be videotaped, and shown throughout the Commonwealth of Virginia.

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Mike Sepanik's article Constructing a Product Liability Defense Using the Economic Loss Doctrine was published in the December 2007 edition of the Defense Research Institute's For The Defense magazine. The article addresses the growing trend of product liability lawsuits stemming from the myriad of component parts and raw materials utilized in commercial and residential construction projects. The Defense Research Institute is a international network of more than 22,000 defense trial lawyers and corporate counsel. Read the article here

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Carr Maloney will be hosting a reception at the National Retail Federation's 97th Annual "Big Show" convention on January 15th in New York City.

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Carr Maloney proudly announces that Tina M. Maiolo, Member, has been admitted to practice law in Maryland. Tina is now an active member in all three mid-Atlantic jurisdictions - Maryland, Virginia and the District of Columbia.

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Thomas L. McCally of the Firm was one of the featured speakers at the Diversity Forum sponsored by the Association of Legal Administrators, Capital Chapter on November 14, 2007. The Diversity Forum addressed the implementation, execution and potential pitfalls of law firm diversity programs. Mr. McCally spoke about the potential legal pitfalls of law firm diversity programs and how to best avoid litigation when implementing such valued and important initiatives. Legal Administrators from firms throughout the Washington Metropolitan area were in attendance.

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Dennis J. Quinn was recently elected to the Executive Committee of the Virginia Association of Defense Attorneys. Mr. Quinn will serve at Secretary for 2008, and move through the other leadership positions before eventually becoming VADA President in 2011.

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On October 6, Jim Steele was elected Secretary of the D. C. Defense Lawyers Association at that organization's annual convention. Jim spoke at the convention on Coverage Developments in Maryland, the District of Columbia and Virginia.

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On September 14, 2007, Jan Simonsen and Dennis Quinn, together with George Chabalewski, Virginia State Bar Counsel, presented a seminar entitled, "How to Avoid Legal Malpractice Claims and Bar Complaints" at The Waterford at Fair Oaks in Fairfax, Virginia. VACLE sponsored the event, and all attendees received three hours of CLE ethics credit. >> View PDF

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Kevin Murphy has been elected to serve as the fifty-eighth President of the Counsellors. Jan Simonsen has been elected to serve as Treasurer of the Counsellors. Their one-year terms begin in June of 2007. The Counsellors is a legal organization dedicated to fostering professionalism amongst members of the Bar through monthly educational programs hosted by the group. Please contact Kevin or Jan with any questions regarding the Counsellors or its programs.

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Ed Krill is an attorney with the firm who is experienced in the health care field. His article titled "Federal Efforts to Impose Uniformity in Health Care Regulations: Peer Review" was published by American University's Washington College of Law in the Inaugural issue of its Health Law and Policy Journal. The article discusses issues arising out of the required reports to the National Practitioner Data Bank and the problems associated with confidentiality and non-discoverability of peer review evaluations of physicians faced by Medical Boards who monitor those reports.

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The National Retail Federation, the world's largest retail trade association, held its annual Loss Prevention Convention in San Diego, California June 10-13, 2007. Carr Maloney PC, a long time supporter and sponsor of the NRF, is hosting the Welcoming Reception for the convention and all attendees. Please contact us if you would like more information about the Loss Prevention Convention.

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Bill Carter has been named a "Washington D.C. Superlawyer" for 2007 in the field of insurance coverage. Bill is head of the firm's insurance coverage practice group and has represented insurers in first party and third party coverage disputes for over thirty years.

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On Tuesday, February 13, 2007, Edward Krill was a panelist in the American University's Washington College of Law seminar on "Innovative State Health Care Initiatives." Ed's presentation dealt with the impact of the federal Health Care Quality Improvement Act on state physician licensure issues. Ed's paper will be published in the First Edition of the Health Law and Policy Law Review that is coming out March 2007. The topic deals with the conflict between federal law that requires the reporting of physician discipline by hospitals to the Practitioner Data Bank and state law that has established a peer review privilege to protect the confidentiality of physician discipline proceedings.

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On October 19, 2006 the District of Columbia Court of Appeals ruled in favor of our client in In re Jumper, 909 A.2d 173 (D.C. 2006), and reversed the imposition of Rule 11 sanctions by the lower court. William Carter represented the client on appeal.

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On September 12, 2006, the Circuit Court for Baltimore County, Maryland dismissed a multi-million dollar legal malpractice case against parties who were represented by Paul J. Maloney, Kelly M. Lippincott and Nat P. Calamis. The case involved a series of six multi-million dollar real estate transactions. After considering a Motion filed by Paul, the Court entered an order of summary judgment in favor of the Firm's clients.

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On October 19, 2006, Dennis J. Quinn participated in a panel discussion at the annual conference of the Virginia Association of Defense Attorneys in Williamsburg, Va. The discussion was entitled The Perfect Storm: Practical Issues Raised in the Defense of a Complex Insurance Coverage Case. Last May, Dennis spoke to the VADA Products Liability Section at the Spring Section Series in Charlottesville, Va. His topic was Using the Regulatory Compliance Defense in the Federal Courts in Virginia.

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For the second time in seven years, Carr Maloney Members Thomas McCally and Tina Maiolo won summary judgment in their client's favor in the matter of From the Heart Church Ministries v. AME Zion, et al. On August 17, 2006, in the highly anticipated ruling, Prince George’s County Circuit Court Judge Sheila Tillerson-Adams entered partial summary judgment in favor of the Philadelphia-Baltimore Conference of the AME Zion Denomination and Full Gospel AME Zion Church ordering From the Heart Church Ministries, Inc. (“From the Heart”), a renegade AME Zion local church, to return over tens of millions of dollars worth of real property to the AME Zion Denomination and its local divisions. Carr Maloney Associate Nat Calamis was a part of the Carr Maloney litigation team. For further information about this significant ruling regarding church property see "Md. Judge Backs AME Zion in Dispute," The Washington Post, August 31, 2006.

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On October 12 and 13, 2006, Kevin M. Murphy presented at the annual ALADN conference in Scottsdale, Arizona. The conference is for attorneys who defend accountants and lawyers in professional malpractice claims. Mr. Murphy presented on two topics: "Responding to Subpoenas Served on Accountants," and "Legal Effect of Management Representation Letters in Accountant Malpractice Claims."

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On October 6, 2006, Jan Simonsen and Thomas McCally were guest speakers at the District of Columbia Defense Lawyers Association 2006 Annual Convention in Cambridge, Maryland. Jan's presentation, "Key Issues Involved in Defending a Toxic Mold Case," addressed crucial issues in defending causation in a toxic mold case, the need for expert testimony in such a case, and how to disqualify plaintiff's experts. Jan also discussed other issues relating to toxic tort liability. For more information on this topic, see our Toxic & Mass Tort practice area.

Tom spoke on a number of employment law issues facing all employers in the District of Columbia. His presentation, "Avoiding Pitfalls Under the District of Columbia Human Rights Act" addressed employment discrimination laws under the D.C. Human Rights Act (DCHRA), which provides much broader protection for employees than traditional federal anti-discrimination laws such as Title VII. For example, the DCHRA prohibits discrimination in employment based on an employee’s marital status, personal appearance and gender identity or expression, among other things.

Jan and Tom continue a longstanding firm tradition of lecturing at the District of Columbia Defense Lawyers Annual Conventions. Past speakers have included Paul Maloney, who spoke on the regulatory compliance defense in medical device cases and on issues relating to contribution and indemnity in tort actions. Jim Steele has spoken on a variety of topics, including stormwater drainage litigation and equitable defenses in cases seeking injunctive relief.

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On June 5, 2006, Jan E. Simonsen spoke at the National Retail Federation National LP Conference in Minnesota. Jan’s presentation was entitled, "Ethics in the Crosshairs," and involved the federal sentencing guidelines relating to Sarbanes/Oxley and ethical issues.

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In May 2006, Kevin M. Murphy obtained a dismissal of his client in a legal malpractice matter in the Circuit Court for Baltimore City. This case involved claims on behalf of hundreds of asbestosis plaintiffs in a complex, multi-party lawsuit still proceeding forward against other defendants.

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On April 14, 2006, the United States Court of Appeals for the Fourth Circuit upheld a trial court’s ruling that our clients, two nationally known insurance companies, did not owe the insured a duty to defend under the applicable policy. William J. Carter represented the firm’s clients in this matter, American Modern Home Ins. Co. v. Reeds at Bayview, 176 Fed. Appx. 363, 2006 WL 994573 (4th Cir. April 14, 2006).

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On April 13, 2006, Jan Simonsen obtained a directed verdict in DC Superior Court. In this legal malpractice case, Jan successfully argued to the Court that plaintiff's expert witness was not qualified to testify to the matters involved in the case. The judge agreed, and dismissed the case at the close of plaintiff's case.

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On March 27, 2006, Jan Simonsen obtained a defense verdict in Fairfax County Circuit Court in a legal malpractice case. The plaintiff alleged that the firm’s client committed legal malpractice while representing the plaintiff in an underlying criminal action. The jury found in Jan’s client’s favor, and the case was dismissed.

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In early 2006, Kevin M. Murphy obtained a dismissal of his client in an accountant malpractice suit in the Circuit Court for Frederick County, Maryland. The lawsuit involved disputes arising out of the separation of several medical practices. The case continued against other parties to the litigation.