by Cynthia M. Lifson | Aug 6, 2015 | Notes from the Desk of Cynthia Lifson
On June 26, 2015, the U.S. Supreme Court decided in Obergefell v. Hodges that the Fourteen Amendment of our Constitution requires a State to license a marriage between two people of the same sex. Same-sex couples in the United States are entitled to the same right to marry as heterosexual couples. The particular state where a same-sex couple resides does not change this right. While some citizens celebrated this decision and other citizens denounced it, the change in our law will likely create a considerable impact on business. Now that there are no legal impediments to same-sex marriages, we can expect that many businesses will re-evaluate their policies regarding benefits for both spouses and domestic partners. For example, some companies had previously put in place benefits for domestic partners, or same-sex couples who could not legally wed. Some of these, such as cooperative health insurance coverage, are still in place. Yet, as The Washington Post reports, it is not clear whether these benefits will continue to be extended to long-standing couples that do not legally marry. It may no longer be a cost-effective option to offer, especially for small business owners. Similarly, with more individuals applying for spousal benefits, companies may find them too expensive to offer altogether. According to The Wall Street Journal, this is a recent trend that employers have been following to save money. Those businesses already inclined to cut these benefits will likely move forward now that the ruling has taken place. In addition, the timing of any changes in benefits offered by companies to their employees may change as a result of the...
by Cynthia M. Lifson | Aug 6, 2015 | Notes from the Desk of Cynthia Lifson
The crime of harassment has been on the books for a very long time. And of course, the obnoxious and often frightening behaviors associated with harassment have been a part of human existence since the beginning of time. One form of harassment is stalking: a crime that calls to mind the hunter and the prey, a crime of intimidation and psychological terror that often escalates into violence against its victims. Now, as we continue to develop new and immediate ways of communicating with one another, we see forms of stalking through electronic media. The relentless pursuit of a victim through the internet can be disruptive, cause enormous fear, and foreshadow undesirable contact “in real life.” This form of stalking through electronic communication devices is often referred to as “cyberstalking.” The federal government and all fifty states, including Maryland, have statutes to address stalking. However, the law has not kept pace with rapid changes in technology. Currently, Maryland law defines stalking in this way. It is a malicious course of conduct that includes approaching or pursing another where the person intends to place or knows or reasonably should have known that the conduct would place another in reasonable fear of the following: serious bodily injury, of an assault in any degree, of rape or sexual offense or attempted rape or sexual offense in any degree, false imprisonment or death. Notice that the term “approaching” is ambiguous. Does this mean approaching in the actual physical environment, or does it refer to approaching through electronic media? The June 1, 2015 decision by the Supreme Court in the case Elonis v. United...
by Cynthia M. Lifson | Jul 10, 2015 | News
Award was received at the YLS annual charity event Competent, caring, and committed are the words attorney Cynthia Lifson lives by, both personally and professionally, as a local legal practitioner. For more than 20 years she has made meaningful contributions to the Maryland community, from representing victims of domestic violence before the Maryland General Assembly, to working in various charitable organizations including the Community Foundation of Howard County. Lifson’s dual commitment to charitable and professional achievement is why she has been named a 2015 Lawyer of the Year by the Young Lawyers Section (YLS) of the Maryland Bar Association. On Friday, March 20, 2015, Lifson was honored at YLS’s 24th Annual Charity Event at the Louisiana Restaurant in Baltimore. This year’s event raised funds to benefit Playworks Maryland, which focuses on increasing opportunities for physical activity and safe, meaningful play for children. “As I have learned throughout my career, it is absolutely critical for lawyers to study together, to socialize with one another, and to serve the community,” said Lifson of the honor. “All of these activities enhance our ability to help our clients and to help us to thrive in a stressful profession. This is the mission of the Young Lawyers Section, and I was so very proud to be a part of their celebration.” As the largest segment of the Maryland State Bar Association, the Young Lawyers Section provides members with education, social activities, networking opportunities, and opportunities to do community service in Maryland and the District of Columbia. Since opening the Law Offices of Cynthia M. Lifson in 1993 [with locations now in Columbia, Towson, Annapolis, and Owings Mills], Lifson has...
by Cynthia M. Lifson | Jun 25, 2015 | Notes from the Desk of Cynthia Lifson
I recently returned from a trip to one of our most famous national parks, Yosemite, in northern California. Such an experience was wonderful in the most literal sense of the word. I was truly filled with wonder while being in the midst of the natural world. In viewing the incredible vistas, the sparkling waterfalls, and enormous rock formations, it occurred to me that all of this did not develop in the seconds it takes to tweet, but took an enormous amount of time and energy to create. I also appreciated the stillness of the park. Amazingly, despite the presence of many other visitors, it was a quiet place. Upon coming home to Maryland, I remain grateful for the opportunity to do meaningful and important work on behalf of many clients. I am refreshed and ready to re-enter the hurly-burly of my law practice. But as I think about it, the basic need to unplug, to reflect, and to slow down allows us to nourish ourselves and think about what is important in the very short time we have to be on this earth. I hope that you take some time this summer and enjoy something wonderful,...
by Cynthia M. Lifson | Jun 25, 2015 | Notes from Annapolis
For most people, the prospect of divorce presents a challenge in managing time. As the daily pace of life accelerates, the added burden of re-organizing a family can create major stress. While this observation is hardly a major newsflash, thoughtful and deliberate management of time can reduce the difficulty of this transaction. In litigated disputes, an often underappreciated element of the case is the scheduling order. This is a court order that sets out the time line for the completion of certain tasks in advance of any court proceeding. It is created at the onset of the case and tells attorneys and parties what is expected. Noting specific deadlines on a personal or professional calendar will avoid error. Similarly, understanding the steps of the litigation process as noted in the scheduling order helps parties know what to do to prepare the materials before going to court. In situations where no court action is pending, there is no formal scheduling order so managing time to deal with divorce planning may not be obvious. However, retrieving and organizing specific information related to a family’s assets and liabilities and income and expenses are basic to understanding how a case may resolve. To that end, dividing what may be a major project into small achievable steps may help with time management. Creating a clear record of monthly expenses by something as simple as maintaining an envelope with receipts of these expenses may also be useful. Consultation with an experienced attorney can also assist in preparing the appropriate information during the divorce...
