Judicial Experience:
- Senior Judge, Circuit Court for Montgomery County, Maryland, November 7, 2021 to present
- Associate Judge, Circuit Court for Montgomery County, Maryland , December 28, 2005 to November 6, 2021.
I served as a designated Business & Technology Judge, under Md. Rule 16-308, beginning in 2008, and continue to hear Business & Technology Cases as a Senior Judge. I have authored 38 Business & Technology decisions that are published on the website maintained by the Court of Appeals and also available through Westlaw.
I am currently a Member of the Complex Litigation Committee of the Conference of Maryland Circuit Court Judges, and am Chair of the Committee’s Business & Technology Workgroup.
Pursuant to the Order of the Chief Judge of the Court of Appeals, I sat by designation on the Court of Special Appeals. I was assigned to 40 cases that were argued in that court. I authored two reported opinions, one reported dissent, and thirteen unreported appellate opinions.
Legal Experience:
I practiced law with the Hon. Marvin J. Garbis in Baltimore and Washington, D.C. following a federal clerkship with the Hon. James. R. Miller, Jr. in the District of Maryland. Thereafter, I was a partner with the Washington, D.C. office of Shea & Gould. In 1997, I started my own firm in Rockville, Maryland, where I practiced until I was appointed to the Circuit Court for Montgomery County in 2005.
I served as national defense counsel for Pfizer Inc., Warner Lambert, Inc. Pharmacia Corporation, American Optical Corporation and Colfax Corporation in mass tort litigation. In that capacity, I managed the litigation dockets, selected cases for trial and, if necessary, appeal, and recommended settlements. I tried major cases, argued key motions in trial courts and represented the clients in appellate proceedings, both briefing and oral argument.
I served as principal litigation counsel for Laszlo N. Tauber, M.D. & Associates, LLC and Westwood Management LLC (real estate holding companies with commercial office buildings in Maryland, Washington, D.C., New York, Tennessee and Texas).
I served as special counsel to the Board of Directors of The Frederick Brick Works, Inc., Frederick, Maryland, in connection with corporate governance matters. I also served as tax and corporate counsel for a variety of non-profit and charitable institutions in the Washington metropolitan area, including the National Association of Home Care, The Caring Institute, Capitol Concerts and the Laszlo N. Tauber, M.D. Charitable Foundation.
During my practice, I negotiated employment contracts for on-air radio hosts in the Washington, D.C. market. I also represented numerous attorneys and other professionals (police officers, judges, physicians, professional athletes and accountants) in criminal investigations, disciplinary proceedings and administrative enforcement matters.
Adjunct Faculty Positions:
- Catholic University Law School, 2006 – 2010, Maryland Civil Procedure.
- University of Maryland Law School, 1985 – 1989, Federal Tax Law and Procedure.
- University of Baltimore Law School, 1985 – 1989, Federal Tax Law and Procedure.
Books:
- Co-Author, Tax Procedure & Tax Fraud (West. Pub. Co., 3d ed. 1992).
- Co-Author, Tax Procedure & Tax Fraud (West Pub. Co., 2d ed. 1987).
- Co-Author, Teachers’ Supplement (1985) for Tax Procedure & Tax Fraud (West Pub. Co., 1st ed. 1982).
Lectures:
- Speaker, “Breach of Fiduciary Duty: An Independent Cause of Action in Maryland,” Bar Association of Montgomery County (October 19, 2021).
- Speaker, “Civil Motions Practice in the Circuit Court,” Montgomery County Inn of Court (October 15, 2019).
- Speaker, “Expert Witnesses: Trends and Recent Cases,” Montgomery County Bar Foundation (April 5, 2019)
- Speaker, “Maryland Business & Technology Case Management Program Symposium,” University of Maryland Law School (May 26, 2016).
- Speaker, “Bontempo v. Lare – Expanded Judicial Intervention in Corporate Affairs,” Bar Association of Montgomery County (May 17, 2016).
- Coordinator/Faculty, “Breach of Fiduciary Duty, Attorney’s Fees and Complex Business Cases,” Maryland Judicial College (May 29, 2015).
- Speaker, “Electronic Evidence – Procedures in State Court,” Bar Association of Montgomery County (May 14, 2015).
- Coordinator/Faculty, “Maryland Business & Technology Program: Complex Business Litigation,” Maryland Judicial College (May 30, 2013).
- Speaker, “Expert Testimony under Frye-Reed: Trends and Recent Cases,” Maryland State Bar Association (March 10, 2011).
- Speaker, “Fact and Expert Witness Preparation in Maryland,” Bar Association of Montgomery County” (November 15, 2010).
- Speaker, “Common Evidence Errors at Trial,” Montgomery County Inn of Court (October 13, 2009).
- Speaker, “Who is “Frye-Reed’ and Why is He Saying that my Expert Cannot Testify,” Bar Association of Montgomery County (October 9, 2007).
- Faculty, “Class Actions and Stockholder Derivative Actions,” Maryland Judicial College (April 27, 2007).
- Speaker, “Protecting the Attorney-Client Privilege in the Age of Electronic Discovery,” Montgomery County Inn of Court (January 9, 2007).
- Speaker, “Federal Multi-District Litigation Versus State Class Actions: Our New Federalism,” ABA Section of Litigation, Orlando, FL (March 2004).
- Speaker, “Personal and Subject Matter Jurisdiction over Non-U.S. Companies,” International Asbestos Litigation Conference, Chicago, IL (September 2003).
- Speaker, “Introduction to the Federal Courthouse,” Federal Bar Association, Greenbelt, MD (April 2003).
- Co-Chair and Moderator, “Advice from the Experts: Successful Strategies for Winning Commercial Cases in Federal Courts,” MICPEL, Baltimore, MD (March 2003).
- Co-Chair and Speaker, “Federal Appellate Practice Seminar,” Federal Bar Association, Greenbelt, MD (November 2000).
- Speaker, “Evaluation and Settlement of Tort Claims,” National Asbestos Litigation Conference, Philadelphia, PA (October 2002).
Articles:
- Harmonizing the Bankruptcy Code with IRS’ Duty to Protect Revenue, 6 IRS Practice & Policy 142 (BNA, March 8, 1996).
- The Tax Man Never Departs: Evasion of Payment and the Unpaid Tax Liability, 5 IRS Practice & Policy 198 (BNA, June 9, 1995).
- Principal Drafter, Comments Concerning Proposed Transfer of Funding from the Tax Division to the United States Attorneys’ Office, ABA Section of Taxation (1995).
- Emerging Issues in Evasion of Payment Cases (ABA Section of Taxation, Los Angeles, CA, January 1995).
- Trouble Spots for the Professional Tax Advisor (ABA Section of Taxation, New Orleans, LA, August 1994).
- IRS Seizures, Jeopardy Assessments and Forfeitures of Real Property, 4 IRS Practice & Policy 161 (BNA, April 8, 1994).
- Dealing with the Collection Division, IRS Practice Alert (Warren Gorham Lamont, January 1993).
- Principal Drafter, Report on Proposed Legislative Revisions to Section 6701 of the Internal Revenue Code of 1986, ABA Section of Taxation (1992-1993).
- Statute Extensions and Audit Agreements, IRS Practice Alert (Warren Gorham Lamont, September 1992).
- The Service’s Right to Keep Photocopies is Limited, IRS Practice Alert (Warren Gorham Lamont, January 1992).
- Practitioners Challenge Preparer Penalties, IRS Practice Alert (Warren Gorham Lamont, October 1991).
- Retroactivity of Single Class of Stock Regulations, IRS Practice Alert (Warren Gorham Lamont, January 1991).
- Civil Penalty Structure Overhaul, IRS Practice Alert (Warren Gorham Lamont, January 1990).
- The IRS Information Gathering Arsenal – Summonses, Grand Juries, Investigative Techniques and Disclosure Requirements (ALI-ABA, Seattle, WA, 1986)(co-author).
- Collecting on a Chinese Debt: Use of The United States Judicial System by Non-U.S. Persons (Taipei, Taiwan, R.O.C., 1986)(co-author).
- IRS Criminal Tax Investigations, Procedures, Defenses and Privileges (ABA Taxation Section, San Diego, CA, 1986)(co-author).
- Justice Department Criminal and Quasi-Criminal Enforcement Activities Against Tax Shelters (Univ. of California, 13th Annual Securities Reg. Institute, 1985).
- Tiffany Fine Arts and the “John Doe” Summons Rules, 62 Journal of Taxation 140 (1985)(co-author).
- Implications of the Supreme Court’s Holding in Arthur Young, 60 Journal of Taxation 342 (1984)(co-author).
- Note, Uniform Guidelines on Employee Selection Procedures: Compromises & Controversies, 28 Cath. U.L. Rev. 605 (1979).
Professional Memberships:
- Maryland State Bar Association, 1983 – 2015t.
- Federal Bench-Bar Committee, 2000-2005.
- Maryland Bar Foundation, Fellow, 2001 – present.
- Bar Association of Montgomery County, 1990 – present.
- President, 2002-2003.
- Chair, 2000 Fourth Circuit Appellate Program.
- Chair, Board of Governors, 1999-2000.
- Treasurer, 1996-1999.
- Member, Board of Governors, 1995-1999.
- Federal Bar Association – Maryland Chapter, 1995-2005.
- Joint Bar Advisory Committee, U.S. District Court for the District of Maryland, Southern Division, 1993 -2005.
- Co-Chair, 1995-1996.
- Member 1993-2005.
- Member, Section of Litigation.
- Member, Section of Taxation
- Chair, Subcommittee on Legislative proposals, 1995-1996.
- Co-Chair, Subcommittee on Civil Penalties, 1993-1995.
- Member, Committee on Civil & Criminal Penalties, 1992-2005.
- American Bar Association, 1982 – 2005.
- Member, Board of Trustees, Maryland Institute for Continuing Legal Education, 2003 – 2005.
- Permanent member, Fourth Circuit Judicial Conference, 1999 – present.
- Board of Advisors, IRS Practice Alert, Warren Gorham Lamont, 1990 – 1993.
Education:
- Georgetown University, Washington, D.C. B.A. (Cum Laude) – 1977
- Catholic University Law School, Washington, D.C., J.D. – 1980
- Law School Alumni Society Award, Outstanding Graduating Student, Class of 1980
- Articles Editor, Volume 29, Catholic University Law Review, May 1979 – May 1980