Clarion Resort Fontainebleau Hotel Ocean City, · PDF fileClarion Resort Fontainebleau Hotel Ocean City, ... Notice is hereby given of the Annual Business Meeting of the Maryland State

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June 14-17, 2017

Clarion Resort Fontainebleau Hotel

Ocean City, Maryland

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~Notice of Meeting~ Notice is hereby given of the Annual Business Meeting of the Maryland

State Bar Association to be held at the Clarion Resort Fontainebleau Hotel

Crystal Ballroom on Saturday, June 17, 2017 at 8:30 a.m.

DAILY ACTIVITIES

WEDNESDAY – SATURDAY

OLD PRO GOLF Discount Tickets Available

Various Ocean City Locations

CABANA HOSPITALITY SUITES Conveniently located poolside at the Clarion Hotel. Check the hotel message board for times.

YOGA ON THE BEACH | ZUMBA Join your colleagues, family and friends for this wonderful way to unite the Body, Mind and

Spirit. Registration and nominal fee required. Beginners encouraged to attend!

YOGA ZUMBA

Thursday, June 15th – 6:30 a.m. Thursday, June 15th – 2:00 p.m.

Friday, June 16th – 6:30 a.m. Friday, June 16th – 2:00 p.m.

Back by Popular Demand

THE WELLNESS SPOT Sponsored by: MSBA’s Lawyer Assistance Program

Stop by the Exhibit Hall and have your Blood Pressure and Bone Density checked and much more! Open during regular Exhibit Hall hours.

https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwiv2dfu8ZfUAhWESiYKHdHrCTkQjRwIBw&url=http://chirowellnessindy.com/&psig=AFQjCNFUGQOTdKG0uA4Qows-Z1nuRK1MVA&ust=1496243023269794

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Thank You We would like to thank the following companies/organizations for contributing to the success of the

2017 Annual Meeting! Aladdin Gems, LLC

BB & T Wealth

Citizen Law Related Education Program

CLE- MSBA

CRC Salomon Reporting

Cruise and Land Travel

Cyber Office Cubed

Daily Record

District Court of MD - ADR Office

DTI

Evans Reporting

First Maryland Disability Trust

First National Bank

Gore Brothers

Grace's Way Recovery

Gross, Menelsohn & Associates

Hertzbach Homeless Persons Representation Project/Mid-Shore Pro Bono

JAMS

Kolmac Outpatient Recovery Centers

Lawyer Assistance Program-MSBA

Legal Studies Institute, AACC

Maryland Association of CPA's

Maryland Chapter of the Association of Legal Administrators, Inc.

Maryland Collaborative Practice Council

Maryland Legal Aid

Maryland Legal Services Corporation

Maryland Volunteer Lawyer Service

The McCammon Group

McEnroe Voice & Data

Mile Mark Media

Minnesota Lawyers Mutual

MSBA- Leadership Academy

NRTC

Our Family Wizard

Planet Depos

Pro Bono Resource Center

Public Awareness -MSBA

Rosen, Sapperstein & Friedlander, LLC

SC&H Group

Software Basics Inc.

TD Wealth Management

TriBridge Partners/ Bar Assoc Ins Trust

University of Baltimore School of Law

Web.com

Weil, Akman, Baylin & Coleman, P.A.

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Need CLE Credits? MSBA CLE:

Raising the Bar for Education

Please stop by the MSBA CLE booth to receive a Uniform Certificate of Attendance prior to attending any MSBA educational program. All certificates must be returned and signed by a staff member at the conclusion of each seminar you attend. For Pennsylvania MCLE, a $2.00 charge will be assessed for each credit hour and partial credit hour.

_______________________________________________

LAW SCHOOL RECEPTIONS

UB SCHOOL OF LAW ALUMNI RECEPTION

Thursday, June 15, 2017

UB School of Law Alumni Reception at MSBA Annual Meeting

5-7 p.m. | Horizons Main Bar


10100 Coastal Highway, Ocean City, MD 21842

Join Dean Ronald Weich, UB Law faculty, and other UB Law alumni for a happy hour at the

Maryland State Bar Associate Annual Meeting. The annual reception will be held at the Horizons

Oceanfront bar in the Clarion Resort Fontainebleau. RSVP here.

UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL OF LAW ALUMNI &

FRIENDS RECEPTION

Join Dean Donald Tobin for an evening of connecting with fellow

Maryland Carey Law alumni and friends at the MSBA 2017 Annual Meeting.

5:00-7:00 pm | Conference Rooms 5&6


10100 Coastal Highway, Ocean City, MD 21842

http://www.ubalt.edu/calendar/EventDetail.cfm?eventId=16385&daterequest=6/15/2017

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WEDNESDAY, JUNE 14, 2017

1:30 p.m. – 7:30 p.m.

MSBA REGISTRATION AND INFORMATION DESK

(Grand Ballroom)

1:30 p.m. – 7:30 p.m.

EXHIBIT HALL

(Grand Ballroom)

4:00 p.m. – 5:30 p.m.

MARYLAND STATE BAR ASSOCIATION

2016-2017 BOARD OF GOVERNORS MEETING

(Banquet Hall #2-B)

4:00 p.m. – 6:00 p.m.

HAPPY HOUR

Sponsored by the Young Lawyers Section and the Daily Record

Liquid Assets (94th & Coastal Highway, Ocean City, Maryland)

6:00 p.m. – 7:30 p.m.

Welcoming Reception

Join us for a great kick-off to the 2017 Annual Meeting. This festive party is sure to provide fun for the whole

family. Enjoy Drinks, Light hors d’oeuvres, Music and your chance to win great Door Prizes!

(Crystal Ballroom)

Platinum Sponsor

8:00 p.m. – 10:00 p.m. CRAB FEAST – HOOPER’S RESTAURANT (12912 Ocean Gateway) *All you can eat crabs, shrimp, chicken, ribs and more on the deck of Hooper’s Restaurant! Get your tickets early this event will be a sell-out. Cash Bar. (Limited transportation is provided from the Clarion) NO TICKETS SOLD AT THE DOOR *Salad available upon request

THURSDAY, JUNE 15, 2017

6:30 a.m.

YOGA ON THE BEACH

Pre-Registration Required.

(Clarion Beach)

Directly behind the Clarion

-Captain’s Quarters in case of rain-

http://www.ellinandtucker.com/

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*7:30 a.m. – 2:00 p.m.


(Grand Ballroom)

*Registration will re-open from 6:00 p.m. – 7:30 p.m.

to pick-up President’s Reception Tickets.

7:30 a.m. – 2:00 p.m.

EXHIBIT HALL

(Grand Ballroom)

7:30 a.m. – 10:00 a.m.

COFFEE BREAK

(Grand Ballroom)

EDUCATIONAL PROGRAM I

8:00 a.m. – 10:30 a.m.

8:00 a.m. – 8:30 a.m. ADMINISTRATIVE LAW SECTION BUSINESS MEETING

Hot Breakfast will be served 8:30 a.m. - 10:30 a.m. GENDER IDENTITY DISCRIMINATION: MORE THAN JUST A BATHROOM ISSUE Approximately 9,200 transgender Marylanders make Maryland their home. Transgender Marylanders - like transgender people nationwide – experience greater harassment and mistreatment in public places like bathrooms, gyms, and swimming pools. Transgender people are also significantly more likely to be victim of violent hate crimes and discrimination in employment or housing. In response, certain jurisdictions, including Maryland, now prohibit discrimination based on gender identity in certain contexts. The U.S. Department of Education and other agencies have also issued expanded protections for transgender people. Learn what it means to be a transgender person, and the law surrounding gender identity protections, including a discussion of Gloucester County School Board v. G.G., transgender student Gavin Grimm’s challenge to the Gloucester County School Board’s bathroom policy. Speakers: Dana Beyer, Gender Rights Maryland; Glendora Hughes, Esq., General Counsel, Maryland Commission on Civil Rights, and Jennifer L. Kent, Esq., Managing Attorney FreeState Justice Sponsored by: Administrative Law Section Program Chair: Peter Sheehan, Esq. Banquet Hall #2-B 8:00 a.m. – 10:30 a.m. CON-TORT-ED REALITY: ECONOMIC LOSS OR CONTRACT WIN? Using the current Court of Appeals case of Balfour Beatty v. RK&K as a backdrop and with the lead attorneys and author of the Court of Special Appeals opinion as panelists, this program will explore the “economic loss rule” and how it applies in Maryland, including the concepts of “privity equivalent” and “intimate nexus.” Cases involving architects, contractors, accountants, banks, title companies, product manufacturers and others do not present squarely as contract or tort matters and understanding how the economic loss rule applies is crucial to successfully framing or defending them.

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THURSDAY, JUNE 15, 2017 EDUCATIONAL PROGRAM I

8:00 a.m. – 10:30 a.m.

Speakers: Judge Andrea Leahy, Maryland Court of Special Appeals; John King, King & Attridge; Lucas Webster, Huddles, Jones, Sorteberg & Dachille Moderator: Lisa D. Sparks, Wright, Constable & Skeen, LLP Sponsored by: Construction Law Section Program Chairs: Dan Scherr, Esq. and Lisa D. Sparks, Esq. Banquet Hall #2-A

Hot buffet breakfast will be served.

8:00 a.m. – 10:30 a.m. JUSTICE REINVESTED, OR JUSTICE REINVENTED? With an effective date of October 2017 rapidly approaching, this panel discussion will highlight the sweeping substantive and procedural changes contained in the 2016 Justice Reinvestment Act. A must for all criminal law practitioners, the panel will present how the Act changes prosecution, defense and probation practices. Speakers: William Brennan, Esq., Brennan, McKenna, Manning, Shay Chartered; Erek Barron, Esq., Whiteford, Taylor and Preston Moderator: William Brennan, Esq. Sponsored by: Criminal Law Section Program Chair: Judge Julie Solt Conference Room #2

8:00 a.m. – 9:00 a.m. “Pro Bono Reception”

Sponsored by the Delivery Legal Services Section Join legal service providers and network with MSBA members as we provide easy, brief opportunities to serve

“pro bono” without necessarily taking on an entire case. Continental breakfast will be served. 9:00 a.m. – 10:30 a.m. DOLLARS AND SENSE: MAKING THE RIGHT CHANGE IN CONSUMER LAW PRACTICES Come to be informed on recent Consumer Law Practices effecting Marylanders, especially those in low income situations. Debtors prisons, tax sales, bankruptcy bypass, and water bill issues will all be covered in the program.

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8:00 a.m. – 10:30 a.m.

Speakers: ____________________ Sponsored by: Delivery of Legal Services Section Program Chair: Amy Petkovsek, Esq. Conference Room #1 8:00 a.m. – 10:30 a.m. THE EX PARTE INTERVIEW AS A TICKET TO TROUBLE: THE TRAPS AND PITFALLS OF MARPC RULES 4.2, 4.3 AND 4.4. The prudent litigator wants to interview everyone who may have material information concerning the legal matter in dispute. Often, he or she seeks to do so ex parte, believing the potential witness may be more candid (or more flexible) in private than at deposition. Maryland state and federal court decisions reflect in many instances that such ex parte communications are fraught with peril for the lawyer. Following ex parte interviews, attorneys have found themselves facing motions to strike their appearance in pending litigation and even disciplinary complaints alleging that their communications violated Maryland Attorneys' Rules of Professional Conduct. A panel of legal ethics experts will address how one may identify and distinguish permissible and improper ex parte interviews under Maryland Rules and case law. Speakers: Lydia E. Lawless, Esq., Senior Assistant Bar Counsel; Judge Steven I. Platt (Ret.), The Platt Group, Inc.,

Trish Weaver, Esq., Paley Rothman; Thomas E. Lynch, III, Esq, Miles & Stockbridge; Marc R. Emden,

Esq., EmdenLaw

Moderator: Wayne M. Willoughby, Esq., Gershon, Willoughby & Getz, LLC Sponsored by: Ethics Committee Program Chair: Wayne M. Willoughby, Esq. Conference Rooms #5 & #6

Continental breakfast will be served. 8:00 a.m. – 9:00 a.m. STATE AND LOCAL GOVERNMENT SECTION BREAKFAST AND BUSINESS MEETING (Suite #317/#319) 9:00 a.m. – 10:30 a.m. TRUMPING HOME RULE – IS THE GENERAL ASSEMBLY TAKING BACK HOME RULE PIECE BY PIECE? The program will examine the purpose of Home Rule for counties and municipalities in Maryland and discuss some recent examples of the narrowing of Home Rule by the General Assembly and the Courts through express

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8:00 a.m. – 10:30 a.m.

preemption, conflict preemption, and implied preemption. Some of the recent examples of disputes over preemption involve the local regulation of pesticides on lawns, paid sick leave laws, and county minimum wage laws. Advocacy groups formed to promote certain types of State legislation have recently turned to the counties to implement their legislative agenda after efforts at the General Assembly fail. Should the counties be considered a pilot program for the State?

Speakers:

Timothy F. Maloney, Esq., Joseph, Greenwald & Laake; Delegate Erek L. Barron, Esq., Maryland House

of Delegates and Whiteford, Taylor & Preston; and Victor K. Tervala, Esq., Chief Solicitor, General Counsel

Division, Baltimore City Law Department.

Moderator:

Robert H. Drummer, Esq., Senior Legislative Attorney, Montgomery County Council

Sponsored by: State and Local Government Law Section Program Chair: Robert H. Drummer, Esq. Conference Room #4

Coffee break and bagels will be served. TRUMP TAX JEOPARDY/ POINT-COUNTERPOINT DEBATE

This program will provide the latest news on likely tax changes under the Trump Administration using a

Jeopardy format. Following the Jeopardy game there will be a lively debate between three well versed Tax

Attorneys debating the various positions of the Administration, the Democrats, and the Republicans. We will

also provide mini lectures on the proposed changes and the effects of the changes on individuals, small

businesses, larger businesses, and estates. The issues will include the likely change in individual tax rates,

reduction in corporate tax rates, the possible elimination of the alternative minimum tax, possible elimination

of the estate tax, the creation of a border adjustable tax, possible elimination of deductions, and more. Do not

miss this program or the mimosas! Based on recent debate on the Tax Section Listserve. The discussion

will be interesting, informative, and passionate.

Program Participants:

David DeJong, Esq., Christopher Scott, Esq., Stuart Levine, Esq., Glenn Frost, Esq., Ellisa

Borges, Assistant General Counsel, D.C. Office of Tax and Revenue, David J. Polashuk, Esq.

Sponsored by:

Tax Section

Program Chair:

David J. Polashuk, Esq.

Conference Room #3

Continental breakfast and mimosas will be served

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10:30 a.m. – 11:30 a.m.

11th Annual Meet and Greet Reception

For

Maryland’s New Judges

and

Introduction of the Maryland State Bar Association’s

Executive Director. Victor L Velazquez

(Crystal Ballroom #1)

Hon. Mary Ellen Barbera, Chief Judge, Maryland Court of Appeals

Special Invited Guest

Hon. Larry Hogan, Governor

THURSDAY, JUNE 15, 2017 EDUCATIONAL PROGRAM II

11:30 a.m. – 1:30 p.m.

11:30 a.m. – 1:30 p.m. PRESERVING A LEGACY: IS A CONSERVATION EASEMENT RIGHT FOR YOUR CLIENT? Conservation easements on agricultural or rural property can bestow a myriad of benefits upon landowners and help preserve rural heritage. However, the decision to enter into a conservation or preservation easement is a complex undertaking and a lawyer needs to understand all of the potential benefits and pitfalls in order to successfully guide a client through the process. Hear from the experts on the various conservation easement options, important considerations and tax consequences. The ability to install alternative energy projects on rural lands under easement and other recent developments will be highlighted. Speakers: Carol West, Executive Director, Maryland Agricultural Land Preservation Foundation; Nancy H. Russell-Forrester, Esq., Maryland Assistant Attorney General; Todd R. Chason, Esq., Member, Gordon Feinblatt, LLC; Rob Etgen, Esq., Executive Director, Eastern Shore Land Conservancy; Henry T. Leonard, IIII, CPA, CPA, Director, CBIZ MHM, LLC Moderator: Sarah Everhart, Esq. Sponsored by: Agriculture and Environment & Energy Sections Program Chairs: Sarah Everhart, Esq. and L. Paul Goeringer, Esq. – Agriculture | Amanda Neidert Kesler, Esq. and Melanie Santiago-Mosier, Esq. - Environment & Energy Conference Room #4

Light lunch will be served.

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11:30 a.m. – 1:30 p.m.

11:00 a.m. – 11:30 a.m. ADR SECTION BUSINESS MEETING 11:30 a.m. – 1:30 p.m. HOW TO MAKE SURE “THE KIDS ARE ALL RIGHT”: ADR AND RESOLVING ISSUES IN AGING IN MARYLAND The American population is aging, leaving families to deal with issues of guardianships, probate and nursing homes. Even in the best of circumstance, this can cause friction within families and between loved ones. These disputes can be expensive and could lead to the dissipation of inheritances. Experts on Alternative Dispute Resolution and aging/probate will discuss the latest on mediation and resolving disputes over guardianships, nursing home care, Personal Representatives, probate and trusts and estates. This will include updates on the new Maryland Rules for ADR in Orphans’ Courts and the new Prince George’s County ADR program. Speakers: Judge Juliet G. Fisher, Orphans’ Court for Baltimore County; Jonathan Rosenthal, Director, Mediation and Conflict Resolution Office, Administrative Office of the Courts; Judge Kathleen G. Cox, Circuit Court for Baltimore County; Christopher M. McNally, Esq., Bodie, Dolina, Hobbs, Friddell & Grenzer, P.C., Judge Wendy Cartwright, Orphans’ Court for Prince George’s County Moderator: Angela J. Silverstein, Esq., Bodie, Dolina, Hobbs, Friddell & Grenzer, P.C. Sponsored By: ADR Section Council Program Chairs: Judge Juliet G. Fisher and Angela J. Silverstein, Esq. Conference Rooms #5 & #6

Light lunch will be served. 11:30 a.m. – 1:30 p.m. FACEBOOK FOLLIES (AND OTHER CAUTIONARY TALES FOR LAWYERS USING SOCIAL MEDIA) Panelists will discuss ethical issues related to attorneys’ use of social media. What’s out there about you, your clients and your opponents? What are you telling, or not telling, your clients? Panelists will explore recent disciplinary and other pertinent cases and provide risk management tips for all aspects of your practice. There will be ample opportunity for audience participation and questions. Speakers: Judge John P. Morrissey, Chief Judge, District Court of Maryland; Lydia E. Lawless, Esq., Senior Assistant Bar Counsel; Jennifer L. Thompson, Esq., Assistant Bar Counsel; Erin A. Risch, Esq., Eccleston & Wolf Moderator: Glenn M. Grossman, Esq. (former Bar Counsel) Sponsored by: Professionalism Committee

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11:30 a.m. – 1:30 p.m.

Program Chair: Pauline C. Onyemaechi, Esq.

Conference Room #3

Presentation of the The Charles H. Dorsey, Jr. Award for Excellence in Legal Professionalism

Judge Clifton Gordy Light refreshments will be served.

11:30 a.m. – 1:30 p.m. VIRTUAL REALITY TO VIRTUAL PRACTICES: (Warning: Realities may shift suddenly during this session.) Virtual reality (VR) is changing how attorneys and clients prepare for court and not far behind will be juries using VR to virtually stand in a witness’s shoes or be placed into a crime scene. Learn what VR is and how it is currently being used in the legal field. Our panelists are VR experts and will be demonstrating virtual reality content that currently exists for lawyers. A few lucky audience members will also get a free VR headset! If that wasn’t enough, we will also have a discussion on how technology is changing the landscape of the legal practice. Our panelists will give insights into how big data, mapping, and virtual law offices are going to change the way we all practice law. Speakers: Matthew Stubenberg, IT Director MVLS; William Buschur, Solo Practice; Reena Shah, Executive Director Access to Justice Commission; Anthony Butler, TBMG Law Program Sponsor: Technology Committee Program Chair: George Hermina, Esq.

Banquet Hall #2-B

Free virtual reality viewer to the first 50 entering the session. A light lunch will be served – Sponsored by Planet Depos

11:30 a.m. – 1:30 p.m. ARE YOU SMARTER THAN A LAW CLERK REDUX, REDUX, REDUX. COME TEST YOUR BRAIN POWER This unique program is entertaining, informative, interactive, and a fast-paced take-off on the TV game show “Are You Smarter than a Fifth Grader?” Panelists will answer frequently asked - and frequently missed - questions about Maryland civil procedure, pleading, discovery, trial practice, and ethics by allowing the audience (anonymously by the use of computerized audience responders) to answer the questions, too, as our moderator (Judge Battaglia) poses them to our panel of law clerk contestants and three experts (Archibald, Fader, & Sandler). Audience participants will receive prizes for correct answers. Come, compete and eat! Speakers: Judge Lynne A. Battaglia, Maryland Court of Appeals (ret.); Judge John F. Fader, II, Baltimore County Circuit Court (ret.); James K. Archibald, Esq., Wright, Constable & Skeen; Paul Mark Sandler, Esq., Shapiro Sher Guinot & Sandler

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11:30 a.m. – 1:30 p.m.

Sponsored by: Voir Dire Special Committee Program Chair: Paul Mark Sandler, Esq. Banquet Hall #2-A

Light lunch will be served. 11:30 a.m. – 1:30 p.m. GAME OF THRONES: WHICH COURT ARE YOU IN? Is your expanding practice taking you to new courts? Lucky for you the Maryland Courts are not as fickle as the courts of the Seven Kingdoms of Westeros. Join our panel of circuit and district court judges who will bring light to the darkness of your knowledge and help you navigate the mysteries of the courts (like why the circuit and district courts of Prince George's County is really all one building, unless you are looking for rent court, which is in an entirely different city). You will then be treated like a Knight of the Round Table and engage in small group discussions with our judges at - you guessed it- rounds tables. Speakers: Judge Sharon V. Burrell, Circuit Court for Montgomery County; Judge Mary Morton Kramer, Circuit Court for Howard County; Judge Erik H. Nyce, Circuit Court for Prince George's County; Judge Cathleen Vitale, Circuit Court for Anne Arundel County; Judge Julia Weatherly, Circuit Court for Prince George’s County; Judge Robert Heffron, District Court of Maryland for Prince George’s County; Judge John Nunn, District Court of Maryland for Kent County; Judge Nicole Taylor, District Court of Maryland for Baltimore City Moderator: T. Christine Pham, Esq. Sponsored by: Bench Bar Section Council and Young Lawyers Section Council Program Chairs: T. Christine Pham, Esq., Jamar R. Brown, Esq., and Aindrea M. Conroy, Esq. Conference Rooms #1 & #2

Light refreshments will be served. Sponsored by Gore Brothers.

1:30 p.m. – 3:30 p.m.

AN AFTERNOON AT SEACRETS

(Seacrets Bar and Grille 49th Street and the Bay)

Sponsored by: The Worcester County Bar Association

*Open to all convention attendees and guests.

*Snacks provided while they last!

CASH BAR

For more information contact: Cathi V. Coates, Esq. 410.723.6000

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2:00 p.m.

ZUMBA


(Captain’s Quarters – Meeting room located lower level pool area) 4:00 p.m. MARYLAND BAR FOUNDATION ANNUAL MEETING (The Links at Lighthouse Sound) 4:00 p.m. – Fellows Meeting, Initiation of New Fellows and Presentation of the Eney and Shea Awards 5:00 p.m. – Reception 6:30 p.m. – 7:30 p.m.


(Grand Ballroom)

President’s Reception Judge Harry C. Storm, President

Sara H. Arthur, President-Elect

Judge Pamila J. Brown, Immediate Past President

_____________________

7:00 p.m. – 9:00 p.m.

Clarion Hotel – Crystal Ballroom

Business Attire – Standing Reception

Tickets required at the door

For Your Convenience, Complimentary Valet Parking will be available!

2:00 p.m. – 4:00 p.m.

Young Lawyers

ICE CREAM SOCIAL

Dumser's Dairyland

12305 Coastal Highway

(124th Street)

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FRIDAY, JUNE 16, 2017

6:30 a.m.

YOGA ON THE BEACH


(Clarion Beach)

Directly behind the Clarion

-Captain’s Quarters in case of rain-

7:30 a.m. – 2:00 p.m.


(Grand Ballroom)

7:30 a.m. – 1:30 p.m.

EXHIBIT HALL

(Grand Ballroom)

Exhibitors Showcase – Special Prizes

10:30 a.m. – 11:00 a.m.

7:30 a.m. – 11:00 a.m.

COFFEE BREAK

(Grand Ballroom)


7:30 a.m.

YOUNG LAWYERS SECTION

SUN RUN

Everyone Welcome

Sponsored by: THE DAILY RECORD

10 k (6.2 miles) and 5k (3.1 miles)

Montego Bay, 130 Street South Ocean Drive


8:00 a.m. – 10:30 a.m.

8:00 a.m. – 8:30 a.m. BUSINESS LAW SECTION BREAKFAST & BUSINESS MEETING 8:30 a.m.-10:30 a.m. A ROLE PLAYING EXERCISE: WHAT EVERY LAWYER NEEDS TO KNOW ABOUT BUYING AND SELLING BUSINESSES UNDER MARYLAND LAW This program will focus on issues faced by lawyers representing parties in a sale transaction involving some or all of a business’s assets or ownership interests. Program participants will engage in a role-playing exercise based on a hypothetical fact pattern to identify and examine some of the critical issues in representing the buyer, seller, or lender in these kinds of transactions. Specifically, the exercise will involve two aspects of the sale process: (i) the basic negotiation of key deal terms; and (ii) certain common financing issues. Notably, Senator Brian Feldman and Delegate Christopher West will kick off the program

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8:00 a.m. – 10:30 a.m.

with a brief recap of the 2017 Maryland General Assembly session, focusing on legislation affecting Maryland businesses. Speakers: Rep. Kathleen M. Dumais; Delegate Christopher West; Sharon A. Kroupa, Venable LLP; William A. McComas, Bowie & Jensen LLC; John “Jack” R. Orrick, Jr., Linowes and Blocher LLP Sponsored by: Business Law Section Program Chair: Professor Michelle M. Harner Conference Room #3 8:00 a.m. – 10:30 a.m. HO HO HO - HOA AND CONDOMINIUM ISSUES IN BANKRUPTCY CASES (NOT EXACTLY CHRISTMAS VACATION) Homeowner and condominium associations (collectively “Associations”) appear often in bankruptcy cases, either as secured creditor, unsecured creditor, or both. Our presentation focuses on rights of Debtors, Trustees and Associations in bankruptcy, with particular emphasis on treatment of Association claims in Chapter 13 and an exploration of possible, potential, or probable remedies for the explosive issue of post petition liability for Association charges for vacant real property prior to foreclosure sale. Our highly experienced panel consists of bankruptcy attorneys including a Chapter 13 Trustee, a staff attorney for another Chapter 13 Trustee, an attorney representing Associations under bankruptcy law and state law, and an attorney involved with discussions between bench and bar on the extent of costs recoverable by Associations. This is a program not to miss. Speakers: Tiffany Stacey Franc, Esq., Office of Nancy Spencer Grigsby, Chapter 13 Trustee Annapolis, Maryland; Marc Robert Kivitz, Esq., Law Office of Marc R. Kivitz, Baltimore, Maryland; Stanton J. Levinson, Esq., Law Office of Stanton J. Levinson, Bethesda, Maryland; Richard D. London, Esq., Richard D. London & Associates, P.C., Silver Spring, Maryland; Bud Stephen Tayman, Esq., Bud Stephen Tayman, P.A., Germantown, Maryland; Robert S. Thomas, II, Esq., Chapter 13 Trustee, Towson, Maryland; Craig B. Zaller, Esq., Nagle & Zaller, P.C. Columbia, Maryland Sponsored by: Consumer Bankruptcy Section Program Chairs: Bud Stephen Tayman, Esq. and Tiffany Stacey Franc, Esq. Conference Room #4

This program is dedicated to the memory of our colleague Dennis M. Jaworski (1947-2017)

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8:00 a.m. – 10:30 a.m.

8:00 a.m. – 8:15 a.m. ESTATES & TRUST SECTION BUSINESS MEETING 8:15 a.m. – 10:30 a.m. THE ELECTIVE SHARE The surviving spouse of a Maryland decedent may elect to take an “elective share” of the decedent’s probate assets in lieu of any benefit under the decedent’s Will. However, many estate plans now use revocable trusts and other non-probate vehicles, such as life insurance and retirement accounts, to transfer assets at death. In 2016 and 2017, bills were introduced in the General Assembly to expand the pool of resources to which the elective share would apply and to alter the means by which it might be satisfied. These bills were referred to a work group consisting of legislators, practitioners and academics. Come hear different perspectives on reform and decide where you stand on Maryland’s elective share law. Speakers: Jonathan G. Lasley, Esq., Stewart, Plant & Blumenthal, LLC; Alex S. Tanouye, Esq., Pasternak &

Fidis, P.C.; Professor Angela M. Vallario, University of Baltimore School of Law

Sponsored by: Estates & Trusts Section Program Chair: Christia A. Pritts, Esq. Conference Room #5

Continental breakfast will be served. 8:00 a.m. – 10:30 a.m. IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS IN THE NEW ERA OF EXECUTIVE ORDERS President Trump signed an Executive Order (EO) entitled “Enhancing Public Safety in the Interior of the United States.” This EO, among other things, sets forth new categories of enforcement priorities, vastly expanding the individuals who will be subject to removal from the United States by ICE. Perhaps the broadest expansion of this EO is that noncitizens who have merely been charged with have committed “criminal offenses” are now at high risk of deportation. The panel will discuss the latest developments in the implementation of this EO and endeavor to enlighten practitioners about the best ways of helping their noncitizen clients being caught up in the dragnet, while also providing some insight into relief options for those clients that find themselves subject to removal. Speakers: Elizabeth Keyes, Esq., Assistant Professor, Director of the Immigrant Rights Clinic University of Baltimore School of Law; Rachel Ullman, Esq., The Law Office of Rachel S. Ullman; Himedes V. Chicas, Esq., Law Offices of Jezic & Moyse, LLC Sponsored by: Immigration Section Program Chair: Klaudia Hall, Esq. Conference Room #6

Continental breakfast will be served.

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8:00 a.m. – 10:30 a.m.

8:00 a.m. – 9:00 a.m. LABOR LAW SECTION BREAKFAST AND MEETING 9:00 a.m. – 10:30 a.m. THE GIG ECONOMY: THE UBER EFFECT ON WORK LAW There is a new wave of businesses that cater to the on-demand world. Uber, for example, is set up to allow workers to work when and if they want. But, Uber-like businesses are testing the traditional concepts of the employment relationship at a furious pace. Uber has been engaged in numerous legal battles coming at it from all angles. Experts on our panel will explore the legal entanglements that Uber has faced, including the claims of misclassification of workers, wage and hour violations, background check and safety concerns, and enforceability of its arbitration agreements. They will also opine on whether there should be a middle ground in the law for this new model of employment. Speakers: Andrew Dansicker, Esq., Law Office of Andrew M. Dansicker, LLC; Michael Hayes, Esq., Labor & Employment Law Professor, University of Baltimore School of Law, former Director of the Office of Labor-Management Standards, Department of Labor; J. Michael McGuire, Esq., Partner, Shawe Rosenthal, LLP

Moderator: Christopher R. Ryon, Esq., Kahn Smith & Collins Sponsored by: Labor and Employment Law Section Program Chair: Teresa Teare, Esq. Banquet Hall #2-B 8:00 a.m. – 8:30 a.m. LITIGATION SECTION BREAKFAST AND BUSINESS MEETING

Litigator of the Year award will be announced and a hot breakfast buffet will be served. 8:30 a.m. – 10:30 a.m. SPOILING FOR A FIGHT -- PREVENTING, SPOTTING AND ADDRESSING ESI DESTRUCTION Join an esteemed panel of forensic and legal experts for a timely discussion of the litigation issues presented by electronically stored information ("ESI"). The program will begin with an overview of controlling legal principles, including the applicable Maryland law and recent changes to the federal rules. The overview will be followed by a discussion of how to spot potential spoliation from a forensic perspective and, when spotted, how and whether to dig further. The final session will examine the anatomy of a recent motion based on the spoliation of ESI in which terminating sanctions were imposed followed by a question and answer session. Speakers: Michael D. Berman, Rifkin Weiner Livingston, LLC; David Greetham, Ricoh-USA; Jean E. Lewis, Kramon & Graham, P.A., David J. Shuster, Kramon & Graham, P.A. Sponsored by: Litigation Section

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8:00 a.m. – 10:30 a.m.

Program Chairs: Alan B. Sternstein, Esq. and Ann M. Sheridan, Esq. Conference Rooms #1 and #2 8:00 a.m. – 8:30 a.m. REAL PROPERTY SECTION BUSINESS MEETING, AWARDS & BREAKFAST

A buffet breakfast will be offered to Section members and Program faculty

Part I 8:30 a.m. – 9:30 a.m. EASING CONSUMER CONFUSION: DON’T MIX CUCUMBERS AND TITLE The land title industry is shifting from a business to business model to a business to consumer model. The American Land Title Association has developed a program to educate real estate practitioners regarding the benefits of title insurance. Best Practices in the land title industry are also evolving and the Maturity Model helps agents document their progress toward certification. Speakers: Elizabeth M. Russo, Esq., MCP Title Services, LLC; Eric Schneider, Lakeside Title; Michael N. Russo, Jr., Esq., Council, Baradel, Kosmerl & Nolan, P.A. Part II 9:30 a.m. – 10:30 a.m. DOES EVERYONE DESERVE A SEAT AT THE TABLE? The program will provide a comprehensive review of Maryland’s law relating to organizational and individual standing in real estate development including the purpose of standing requirements, changes to Maryland’s standing law, current status, and possible future legislative efforts. The program will provide perspectives from local and state government, private property owner/developer and environmental/citizen organizations. Speakers: Joseph A. Stevens, Esq., Law Office of Stevens Palmer, LLC; Charles R. Schaller, Esq., Linowes and Blocher, LLP; Gregory J. Swain, Esq., Anne Arundel County Office of Law; Paul Smail, Esq., Chesapeake Bay Foundation Sponsored by: Real Property Section Program Chair: Joseph F. Devlin, Esq. Banquet Hall #2-A

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8:00 a.m. – 10:30 a.m.

8:00 a.m. – 10:30 a.m. HELPING A HERO With VA advocating for major changes to its already complicated disability claims process, join our speakers to learn how to help a veteran file a VA disability claim and work through an appeal before the Board of Veterans’ Appeals and Court of Appeals for Veterans Claims. This presentation will focus on the elements required to prove a claim, the process for filing, advocacy tips, and how to succeed on appeal to the Board and/or Court. Speakers: David H. Myers, Esq., CDR, JAGC, USN (Retired), Director of Case Evaluation and Placement, The Veterans Consortium Pro Bono Program; Diane Boyd Rauber, Esq., Executive Director, National Organization of Veterans’ Advocates Sponsored by: Veterans’ Affairs and Military Law Section Program Chairs: David H. Myers, Esq. and Diane Boyd Rauber, Esq. Suite 317/319

10:30 a.m. – 11:00 a.m.

10TH ANNUAL EXHIBITORS’ SHOWCASE

Visit the Exhibitors in the Grand Ballroom for special prizes and drawings! Visit 25 Exhibitors and you

will be eligible to win a SPECIAL PRIZE, compliments of the MSBA!

(Winner drawn at 1:00 p.m.)



11:00 a.m. – 1:00 p.m.

11:00 a.m. – 1:00 p.m. UNITED STATES SUPREME COURT YEAR IN REVIEW Experienced Supreme Court observers and advocates will review the Court's current 2016 Term, including its most high profile cases. Speakers: James A. Feldman, Supreme Court litigator; Dahlia Lithwick, Senior Editor at Slate; Catherine M.A. Carroll, Partner, Appellate and Supreme Court Litigation Practice, WilmerHale Moderator: Steven M. Klepper, Kramon & Graham, P.A.

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11:00 a.m. – 1:00 p.m.

Sponsored by: Appellate Practice Committee, Section of Litigation Program Chairs: Judge Kevin F. Arthur and Steven M. Klepper, Esq. Banquet Hall #2-B

Light lunch will be served. 11:00 a.m. - 1:00 p.m. MEDICARE AND BENEFITS PROGRAMS FOR SENIORS AND THE DISABLED COMMUNITY HOW ARE NEW POLICIES GOING TO AFFECT OLDER AMERICANS? This year is bringing substantial changes to the health care and benefits programs upon which our clients, not to mention our membership, rely. Join us for presentations by national and local experts about Medicare and Medicaid benefits now and in the future. They will review changes and pending legislation.

Speakers:

David Lipschutz, Center for Medicare Advocacy; Jennifer Goldberg from Justice in Aging; Jason

Frank and Morris Klein, Elder Law Section MSBA and Public Policy Co-Chairs National Academy of Elder Law Attorneys Sponsored by:

Elder Law Section

Program Chair:

Ann K. Goodman, Esq.

Conference Room #4 Coffee break will be offered.

11:00 a.m. – 1:00 p.m.

PHYSICIAN (er…DOMESTIC RELATIONS PRACTITIONER…), HEAL THYSELF!! The emotionally charged nature of family law often requires the attorney to take a holistic approach – guiding the client to outside resources that aide in his/her health and functioning. But what about the health of the lawyer? A recent ABA-funded study finds that attorneys are almost two times more likely to have problems with alcohol than other professionals. Moreover, per the study, 28% of attorneys struggle with depression, while 19% have symptoms of anxiety. Our panel of experts will examine these issues and discuss various health resources available to practitioners. As always, the program will include a legislative update, the Beverly Groner Award, and our infamous skits (which are never discussed again outside of Ocean City!).

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11:00 a.m. – 1:00 p.m.

Speakers: Robert A. Simon, Ph.D., Forensic Psychology Consulting (and presenter of “Why Good People Do Bad Things”); Carol Ann Smith, Esq., Co-Chair of MSBA Wellness Committee; Lisa Caplan, LCSW-C, CAC, Maryland Lawyers Assistance Program Counselor; and a Representative of Lawyers Helping Lawyers Moderator: Jim Milko, Esq., Trainor, Billman, Bennett & Milko Sponsored by: Family and Juvenile Law Section Program Chair: Jim Milko, Esq. Banquet Hall #2-A 11:00 a.m. – 1:00 p.m. THE DEVIL WEARS IP: INTELLECTUAL PROPERTY IN THE FASHION INDUSTRY On our hands, on our feet, inside your jacket – intellectual property is literally covering us, our clients, and our clients’ clients in the form of engineered fabrics, pattern designs, logos and graphics. This session will explore how intellectual property touches our lives through fashion, and how intellectual property law has shaped the fashion industry itself. We will also delve into the Supreme Court’s most recent decision in Star Athletica, LLC v. Varsity Brands, Inc., and its implications on fashion designs. Guest panelists include Kelly Williams, Managing Director and Senior Trademarks Counsel at Under Armour, Amy Salomon, IP attorney in the Luxury Goods, Designer Brands & Retail practice at Arent Fox, and Cynthia Blake Sanders, IP and entertainment attorney at Baker Donelson. Speakers: Kelly Williams, Esq., Senior Counsel, Trademarks, Under Armour; Amy Salomon, Esq., Arent Fox;

Cynthia Blake Sanders, Esq., Baker Donelson

Moderator: Nicholas Hawkins, Esq., Assistant Counsel, Trademarks, Under Armour Sponsored By: Intellectual Property Section Program Chairs: Emily Billig, Esq. and Nicholas Hawkins, Esq. Conference Room #5

Light refreshments will be served.

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11:00 a.m. – 1:00 p.m.

11:00 a.m. - 1:00 p.m. JURY SELECTION--UPDATED!

Learn about the new and Improved Model Jury Selection Questions for Civil and Criminal Trials! Why

were some questions included and not others? Will jurors understand these questions? Will judges use

them? How will they improve jury selection? Why are there so many footnotes? Ask the experts!

Speakers: Augustus Brown, Jennifer Banach, Timothy Gunning and Judge John Maloney Moderators: Senior Judge Sherrie L. Krauser, Circuit Court for Prince George's County; Paul Mark Sandler, Esq., Shapiro, Sher, Guinot & Sandler Sponsored by: Voir Dire Special Committee Program Chairs: Judge Sherrie L. Krauser and Paul Mark Sandler, Esq. Conference Room #3

Light refreshments will be served. 1:30 p.m. – 3:30 p.m.

YOUNG LAWYERS SECTION

Business Meeting

Meeting Room: Conference Room #4

2:00 p.m. – 5:00 p.m.

LEADERSHIP ACADEMY

2016-17 Leadership Academy Fellows, Chairpersons & Committee Members

Meeting Room: Conference Room #6

2:00 p.m.

ZUMBA


(Captain’s Quarters – Meeting room located lower level pool area)

5:00 p.m. – 6:30 p.m.

POOLSIDE KIDS PARTY!

Children are invited to splash in the pool and enjoy punch, snacks, games and prizes.

(Clarion Pool)

Note: Although the MSBA has hired a lifeguard for this event, parents should bring and stay with their

children.

This event is designed for children 12 and under.

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8:30 p.m. – 10:30 p.m. AFTER DINNER DESSERT RECEPTION

(Clarion Pool) The deck is located outside near the Clarion’s Pool Rain Location: Clarion Indoor Pool

Sponsored by: Solo and Small Firm Practice Section

Co-Sponsored by:

Negligence, Insurance and Worker’s Comp Section

Solo Section Chair: Lisa A. Hesse, Esq.

Solo Section Program Co-Chairs: Anthony I. Butler, Esq., and Robert “Bob” Zarbin

All programs held in Banquet Hall #1 unless otherwise specified 8:00 a.m. - 8:30 a.m. Registration and Coffee 8:20 a.m. - 8:35 a.m. Welcome by Chair of Section and Solo Day Co-Chairs 8:35 a.m. - 9:15 a.m. 40-in-40: 40 tech tips and application in 40 minutes that can save a law firm money and time. Most of the time these sessions are too shallow, but this one will be the exception. Speakers: Charity Anastasio, Esq., Maryland State Bar Association, Baltimore, Maryland; Diane Kilcoyne, Esq., ESI Group, LLC, Rockville, Maryland; Michael D. Oliver, Esq., Oliver & Grimsley, LLC, Towson, Maryland 9:15 a.m. - 10:45 a.m. THE CANNABIS IS COMING Where is the nation going on the cannabis law front? How does Maryland compare? In what ways does cannabis law intersect and interact with other practice areas and to what effect? Hilary Bricken, partner at Harris Bricken, LLP, leading the Canna Law Group and contributor to the Canna Law Blog, one of ABA’s 2016 100 Blawgs Honoree, shares what states are doing in cannabis law and how they address conflicts with federal statute, then goes in depth into how Maryland can expect new cannabis issues to intersect with domestic, employment, criminal, business, tax, estate planning, and other practice areas in the near future. Speaker: Hilary Bricken, Esq., Harris Bricken, LLP, Seattle, Washington 10:45 a.m. - 11:00 a.m. Break 11:00 a.m. - 12:15 p.m. Breakout Sessions Running Concurrently (Choose one)

Friday, June 16, 2017

Solo Day @ the Annual Meeting

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I. DEPOSITION COLLEGE (Co-Sponsored by the Section of Negligence, Insurance and Worker’s Comp) See how the masters run an expert witness deposition. Watch two mock deposition segments with comments from the speakers on why they do it the way they do and what to avoid. Practical proficiency lessons for lawyers looking to improve their deposition skills. Materials will include sample deposition scripts. No actors or experts have been hurt in the making of the CLE, but plenty of them sweated profusely. Speakers: Kelly Benefiel, Esq., GEIGO, Baltimore, Maryland; Kelly Hughes Iverson, Esq., Goodell DeVries, Baltimore, Maryland; James K. MacAlister, Esq., CSE&K, Baltimore, Maryland; Wayne M. Willoughby, Esq., Gershon, Getz, & Willoughby LLC, Baltimore, Maryland; Moderator: Robert Zarbin, Esq., Zarbin Law Firm, Upper Marlboro, Maryland Conference Room #1

Continental breakfast will be served. II. CLAIMS, DEFENSES, AND TRENDS IN CONSUMER DEBT COLLECTIONS As the General Assembly, Congress, and the President consider changes to consumer debt collections practice and procedure, come hear from two practitioners representing creditors and debtors about the front line, day to day issues and emerging trends needed to represent your client's interest in state and federal court. Participants will receive valuable tools to immediately apply to their practices. Speakers: Mary Ellen Flynn, Esq., Andalman & Flynn, Attorneys at Law, Silver Springs, Maryland; Phillip Robinson, Esq., Consumer Law Center LLC, Silver Spring, Maryland Conference Room #2 12:15 p.m. - 1:00 p.m. Lunch (Box lunch - must be ordered in advance) LEGISLATIVE WRAP UP WITH TIM MALONE A classic, funny, and substantively compelling wrap up of current legislation and the impact on many practice areas. Everyone loves to hear Tim do his thing! Speaker: Timothy F. Maloney, Esq., Joseph, Greenwald & Laake, PA, Greenbelt, Maryland 1:00 p.m. – 2:00 p.m. A CONVERSATION WITH MARYLAND ATTORNEY GENERAL BRIAN FROSH Maryland’s Attorney General will join the Solo Section for a conversation about current topics of interest including bail reform, guidelines on immigration, and the grant of additional authority to the office by the Maryland General Assembly. Following the Attorney General’s remarks, there will be a question and answer period to discuss the role of the Maryland Attorney General and its impact on your office and clients. Speaker: Brian E. Frosh, Esq., Maryland Attorney General, Baltimore, Maryland

Solo Day @ the Annual Meeting continued

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2:00 p.m. – 3:15 p.m. E-DISCOVERY OF SOCIAL MEDIA: HOW TO GET IT; HOW TO PROTECT IT. Social media became interwoven into the fabric of society at breakneck speed. Courts and lawyers alike have struggled to keep up with the changing discovery challenges that social media entails. But it is a must for most practitioners to understand the ethics and procedure of how to protect it, collect and present it in court, and what evidence can be gleaned there. Hear from two social media savvy presenters offering detailed perspectives on this hot topic. Speakers: Jennifer Ellis, Esq., Lowenthal & Abrams, Philadelphia, Pennsylvania; Diane Kilcoyne, Esq., ESI Group, LLC, Rockville, Maryland

SATURDAY, JUNE 17, 2017 8:00 a.m.

COFFEE BREAK

(Banquet Hall Foyer)

8:30 a.m.

Maryland State Bar Association, Inc.

ANNUAL BUSINESS MEETING

(Banquet Hall #1)

All Members are encouraged to attend!

Hon. Harry C. Storm - Presiding

Special Reports and Awards

Installation of

Sara H. Arthur

Maryland State Bar Association

President ▪ 2017-2018

BOARD OF GOVERNORS MEETING 2017-2018

Immediately following the business meeting

(Banquet Hall #2-B)

Solo Day @ the Annual Meeting continued

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MARYLAND STATE BAR ASSOCIATION, INC.

OFFICERS

Judge Harry C. Storm President

Sara H. Arthur President-Elect

Judge Keith R. Truffer

Secretary

Judge Mark F. Scurti Treasurer

Victor L. Velazquez Executive Director

PROGRAM COMMITTEE

Alice S. Chong, Co-Chair

Michael J. Winkelman, Co-Chair

Irnande Marie Altema

James B Astrachan

Christine S Britton

Ryan R. Dietrich

Tiffany Stacey Franc

Christina M. Hughes

Paraskevi A. Maddox

Meredith M. Mason

Shila Mashhadishafie

Judge Tracey L. Parker-Warren

Marylin Pierre

Todd K. Pounds

Edward J. Ross, III

Indira K. Sharma

Thomas M. Weschler

Wanda A. Calvin Claiborne Director of Meetings & Bar Liaison

Documents

Clarion Resort Fontainebleau Hotel Ocean City, · PDF fileClarion Resort Fontainebleau Hotel Ocean City, ... Notice is hereby given of the Annual Business Meeting of the Maryland State