MSLaw Blog

In 2025, Maryland’s General Assembly made it unlawful to shorten the limitations period in consumer contracts, defined as “contract[s] involving the sale, lease, or provision of goods or services that are for personal, family, or household purposes.” This prohibition applies prospectively to all consumer contracts entered into after June 1, 2026. The General Assembly went even further earlier this year and enacted House Bill 103 (HB 103), which prohibits businesses from including provisions in consumer contracts that waive, limit, impair or

A new proposed Defense Federal Acquisition Regulation Supplement (DFARS) FARS Rule, DFARS Case 2021-D011 would: Significantly expand the scope of foreign ownership, control or influence (FOCI) reviews that would have profound implications for any contractor doing business (or seeking to do business) with the Department of Defense (DoD) under a contract greater than $5 million, including, potentially, commercial contractors; and Fundamentally change the role of the Defense Counterintelligence and Security Agency (DCSA) in connection with FOCI reviews by giving DCSA a central,

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) last month for its proposed rule on joint employment, where multiple employers simultaneously employ the same employee. The proposed rule aims to clarify joint-employer status under the Fair Labor Standards Act (FLSA) and would align DOL’s Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) joint-employer analysis with DOL’s FLSA analysis. Joint employment has been recognized by DOL since the FLSA was enacted

Maryland lawmakers failed to pass legislation during the recent General Assembly session that would have implemented sweeping changes to the use in Maryland of polyfluoroalkyl substances (PFAS), also known “forever chemicals.” House Bill 1022, which was withdrawn before the end of the legislative session, would have, among other measures: Expanded product bans for specified consumer products that contain intentionally added PFAS chemicals Required manufacturers to register their products that contain intentionally added PFAS chemicals with the Maryland Department of the Environment by Jan.

Although qui tam relators filed a record 1,297 complaints in 2025, they face an uncertain future. Multiple circuit courts of appeal are evaluating whether qui tam provisions of the False Claims Act (FCA) can withstand constitutional scrutiny. Arguments before the 11th U.S. Circuit Court of Appeals illustrate the issues also pending in the 3rd and 5th circuits on a legal practice William Shakespeare experienced personally.   Overview of the Qui Tam Provisions The qui tam provisions of the FCA authorize private

Senior leaders from across the health care industry gathered at The Center Club in Baltimore for last week’s Hot Topics in Health Care program and reception, presented by the Miles & Stockbridge Health Care Group. The event brought together executives from hospitals, physician networks, insurers, digital health companies, regulatory bodies, financial institutions and advisory firms, and featured two fireside chats on key issues reshaping Maryland’s health care landscape, with networking receptions before and after. Molly Ferraioli moderated the first fireside chat,

Two states on opposite coasts are reshaping the rules governing noncompete agreements in their jurisdictions. Virginia has amended its law to prohibit enforcement of noncompetes against employees who are terminated without cause in the absence of certain severance benefits, while Washington has gone further by enacting a near-total ban on noncompete agreements for all workers. Together, these laws reflect a broader national trend of restricting noncompetes and may call for businesses with employees in either state to review their current agreements

Freddie Mac published a Guide Bulletin on April 21 that summarizes recent changes to the Guide and rolls out a new Conventional Small loan product. These changes impact property inspection requirements, property management requirements and title requirements. Here’s what you need to know. The SBL Program is being folded into Freddie Mac’s conventional arm through a new product, “Conventional-Small.” This program aims to align the smaller transactions with standard Freddie Mac documentation but continues to allow for some streamlined processing that was

Administrator Lee Zeldin released a pre-publication notice April 8 advising that the Environmental Protection Agency is again delaying the start date for reporting and recordkeeping requirements under the Perfluoroalkyl and Polyfluoroalkyl (PFAS) Reporting and Recordkeeping Rule. The PFAS Reporting Rule is an all-encompassing new regulation that applies to any entity that has manufactured or imported PFAS for a commercial purpose at any time between 2011-2022. Utilities, manufacturers, wholesale traders and waste management and remediation services are most likely to be affected,

Following the U.S. Supreme Court’s ruling striking down most of the tariffs imposed by President Donald Trump under International Emergency Economic Powers Act of 1977 (IEEPA), and the Court of International Trade declaration that "every single cent of IEEPA duties that were imposed must be returned,” the question for U.S. Customs and Border Protection (CBP) — and importers — has been how to refund more than $166 billion in IEEPA tariffs collected over 53 million entries filed by over 330,000

President Donald Trump signed an Executive Order (EO) on March 26, “Addressing DEI Discrimination by Federal Contractors,” reinforcing the Trump Administration’s stance on DEI programs and escalating the related restrictions on what the Administration considers “racially discriminatory DEI activities.” The Executive Order, which took effect immediately, mandates that all federal government prime contracts, “contract-like” instruments and subcontracts, including lower-tier subcontracts, include a specific contract clause, requiring contractors to comply with the clause or risk potential False Claims Act (FCA) liability. Contractors

The rapid expansion and evolution of state and local property tax exemptions has become a critical tool in affordable and workforce housing finance. In many jurisdictions, these exemptions can materially improve project feasibility, enhance debt service coverage and, in some cases, function as a partial substitute for traditional subsidy sources. At the same time, these programs are highly jurisdiction-specific and frequently require careful structuring, ranging from nonprofit ownership overlays to public agency participation, ground lease arrangements and long-term regulatory agreements. As a

Government contractors generally look for stable and predictable partnerships to best serve their government customers. Contractors must establish and maintain well-structured compliance systems and frameworks to ensure they conform to federal statutes, regulations and guidance. But the only constant in government contracting is, not surprisingly, change. Sometimes the change is minor and requires small adjustments; other times the change is more like a punch to the throat. The Department of Defense’s recent action concerning artificial intelligence company Anthropic and its AI

On March 19, 2026, the 5th U.S. Circuit Court of Appeals denied the Federal Trade Commission’s (FTC’s) motion for a stay pending appeal in the challenge to the agency’s sweeping overhaul of the Hart-Scott-Rodino Act (HSR) premerger notification filing requirements. The decision means that a lower-court order vacating the new rules is now effective immediately, and parties may revert to the older, less-burdensome HSR form that was in place before the changes took effect in February 2025. Background The FTC’s overhaul represented

Despite the numerous pivots in the Department of Justice's focus over the past year, one priority remains constant: identifying “waste, fraud, and abuse, including health care fraud and federal program and procurement fraud that harm the public fisc.” Indeed, the Criminal Division identified this as its No. 1 priority last year. Subsequently, DOJ announced the formation of a DOJ-HHS False Claims Act Working Group signaling a coordinated, cross-agency approach with the Department of Health and Human Services (HHS) to rooting

Many corporations have changed their state of incorporation to move away from Delaware or are considering doing so. There are many reasons to consider alternative jurisdictions to Delaware but most often cited by public companies is the Delaware Chancery Court’s receptivity to claims asserted by plaintiff law firms on behalf of stockholders. Prolonged litigation, often frivolous, and expensive settlements add time and expense to corporate transactions. Some states have taken affirmative steps to create a corporate regime that will attract entities

Doing business with the federal government historically has been competitive but relatively stable. Now, while the competition may remain, stability and certainty have all but disappeared. The uncertainty began with the flurry of Executive Orders issued during the first year of the second Trump Administration, including the kickoff of the “Revolutionary” Federal Acquisition Regulation (FAR) Overhaul (RFO). The RFO represents an ambitious effort to fundamentally overhaul the FAR. Whether the RFO is necessary or prudent is a matter on which reasonable

Miles and Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 24th annual Hot Topics in Employment Law Seminar last week to business executives, human resources professionals and in-house counsel. Topics included navigating the use of AI in the workplace, updates from the National Labor Relations Board, immigration policy shifts, DEI policy enforcement and the importance of properly drafted employment documents. Here are highlights from the three interactive sessions. Adjusting to an AI-influenced Workplace AI continues to be a driving issue in

Government contractors and grant recipients should heed the warning bell represented by the record haul of recoveries in 2025 under the federal False Claims Act (FCA). Although more than $6.8 billion was collected, according to the Department of Justice (DOJ), more troubling is the record number of 1,297 qui tam suits filed. This growth of whistleblower lawsuits comes just as DOJ has voiced its intent to use the FCA to combat diversity, equity and inclusion (DEI) initiatives. DOJ Investigations The DOJ is

On Dec. 18, 2025, the Department of Defense (DoD) issued deviations to over half of the Defense Federal Acquisition Regulation Supplement (DFARS) Parts, all of which became effective Feb. 1, 2026. Two days later, DoD issued a deviation for DFARS Part 204, which became effective Feb. 17. These deviations reorganize and streamline some of the DFARS regulations and contract clauses that define contractors’ cybersecurity requirements. Technically, they are “temporary” exceptions to the DFARS that were issued on an emergency basis in

The U.S. Supreme Court on Friday struck down most of the tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act of 1977 (IEEPA). But questions remain for importers and others affected by the IEEPA tariffs: How and when will importers receive refunds of IEEPA duties already paid? What will be the impact of the new tariffs announced Friday by the Trump administration? What is the status of the trade agreements negotiated with certain trading partners in response to the

Many people use AI tools in their daily lives without a second thought. In fact, many of us have ChatGPT aiding our searches on our personal phones. But a federal judge in New York recently found during a criminal trial that conversations with AI tools were not protected by attorney-client privilege. This decision is believed to be a first-of-its-kind ruling that could have significant ramifications for potential waivers of attorney-client privilege. According to prosecutors’ filings, the defendant, charged with securities and

Between now and when its term ends in June, the United States Supreme Court is expected to decide whether global “reciprocal” tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act of 1977 (IEEPA) are unlawful. The much-anticipated decision could come at any time and, no matter the outcome, likely will significantly change the U.S. tariff landscape in both the short- and long-term. Here’s what importers need to know as they wait. How We Got Here The question before

A federal district court judge in Texas has invalidated the Federal Trade Commission’s (FTC’s) revised premerger notification requirements under the Hart-Scott-Rodino Act (HSR), representing a potentially significant shift in the premerger landscape. Background On February 12, 2026, U.S. District Judge Jeremy D. Kernodle of the Eastern District of Texas granted summary judgment to the U.S. Chamber of Commerce and allied business groups, throwing out the FTC’s overhaul of the HSR premerger reporting requirements. The ruling marks the first successful challenge to the

(A version of this blog post has been previously published with the possibility of a federal government shutdown. After weathering the longest government shutdown in U.S. history last fall, government contractors now face an imminent partial shutdown Jan. 31. Full-year appropriations for the Departments of Agriculture, Veterans Affairs, Justice, Energy, Interior and Environment, as well as the legislative branch, military construction, science (including NASA and the National Science Foundation) and water development have already passed. However, appropriations bills for the Departments of Labor, Homeland

Many employers issue paychecks biweekly, which results in 26 pay periods per year. This year, 2026 employers will encounter an adjustment where a biweekly pay schedule may result in 27 pay periods.   Employers that started the year with a paycheck on Friday, Jan. 2, may intend to pay the final paycheck of 2026 on Thursday, Dec. 31, given that Friday, Jan. 1, 2027, is a holiday. If an employer follows this schedule, then they will have 27 pay periods this year

The State of Maryland processed nearly two million unemployment claims during the COVID-19 pandemic. A large number of those claims were fraudulent, with the full extent of the fraud yet to be understood. A significant amount of the fraud involved identity theft, where fraudsters applied for benefits in the names of individuals whose personal information had been compromised. During the pandemic, many employers received calls from anxious employees who had received notices that unemployment benefits had been applied for or awarded

The Federal Trade Commission (FTC) announced Jan. 14 annual revisions to the applicable thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). These updates will apply to all transactions closing on or after the effective date of the notice, which will be 30 days after its publication in the Federal Register. The new minimum size-of-transaction threshold has been adjusted upward from $126.4 million to $133.9 million. Under the HSR Act, the parties to any proposed acquisition

It’s that time of year to celebrate all our hard work over the last 12 months! As 2025 winds down, however, employers should take steps to ensure they aren’t carrying any potential liability into 2026 from those exciting and fun office holiday parties. Employers should have their policies in place about the overconsumption of alcohol and harassment. Everyone should be informed and educated, so that everyone can enjoy the holiday season. First, some general recommendations about holiday parties: Be inclusive of all

W.C. Fields once said that there comes a time in everyone’s life when they “must take the bull by the tail and face the situation.” For contractors in the Defense Industrial Base (DIB), that time has apparently come when, at long last, the Cybersecurity Maturity Model Certification (CMMC) Program began its phased rollout Nov. 10. As previously discussed, Phase 1 sees the incorporation of the new DFARS CMMC clause into all solicitations involving the handling of Federally Controlled Information (FCI) or

Beginning in April, state and local governments will be required to comply with a new final rule published by the U.S. Department of Justice updating regulations for Title II of the Americans with Disabilities Act. The Rule establishes specific requirements, including technical standards, for all digital services provided by public entities, such as websites, mobile applications, online learning platforms, registration systems and financial aid information to ensure that such services are accessible to people with disabilities. Title II of the ADA

California Gov. Gavin Newsom recently signed into law sweeping legislation designed to restrict employers and training providers from requiring workers to repay costs or fees when they leave employment, so-called “training repayment agreement provisions” (TRAPs). The law, set to take effect Jan. 1[1], applies broadly to any person in California permitted to work for or on behalf of an employer or to participate in any other work relationship, job training program or skills training program, including employees and prospective employees. Overview The

The Department of Commerce’s Bureau of Industry and Security (BIS) has issued an interim final rule (IFR) that extends end-user restrictions to entities owned 50% or more by parties identified on the Entity List and the Military End-User (MEU) List. This new “Affiliates Rule” substantially expands the reach of Entity List and MEU List restrictions by prohibiting unlicensed exports to a large number of new unlisted companies based on their ownership chains, particularly the subsidiaries of listed Chinese entities. It further

The Federal Acquisition Regulatory Council (FAR Council) recently released the rewrite of FAR Part 19, a notoriously complex set of regulations that covers the policies, procedures and programs designed to maximize small business participation in federal contracting. This rewrite is intended to enhance the intuitiveness and ease of applying regulations to small businesses in the federal procurement process. The FAR Council also issued a Practitioner Album, which summarizes proposed changes to the regulations and provides helpful guidance and resources for

The U.S. Departments of Commerce and the Treasury took steps this September to further ease restrictions on Syria following the fall of the Assad regime. In early September, the Commerce Department’s Bureau of Industry and Security (BIS) revised the Export Administration Regulations (EAR) to relax certain export controls on Syria. On September 25, the Treasury Department’s Office of Foreign Assets Control (OFAC) renamed the “Syria-Related Sanctions Regulations” the “Promoting Accountability for Assad and Regional Stabilization Sanctions Regulations,” further clarifying the

President Donald Trump signed a proclamation last week, “Restriction on Entry of Certain Nonimmigrant Workers,” purportedly to reduce the use and abuses of the H-1B non-immigrant classification and adjust the prevailing wage threshold in order to prioritize petitions for highly compensated and highly skilled H-1B workers. While the situation is fluid, here is what we know: The proclamation became effective Sept. 21. The Department of State, U.S. Customs and Border Protection, United States Citizenship and Immigration Services and the White House have

In welcome news for the industry and Miles & Stockbridge’s lender and developer clients, on September 23, 2025, the Federal Housing Administration’s (FHA) Office of Multifamily Housing Programs published a Federal Register final notice that reduces Multifamily Mortgage Insurance Premiums (MIPs) to 0.25% across all FHA Multifamily programs. This Notice does not apply to HUD’s healthcare facility financing programs. Background/History President Donald Trump signed a presidential memorandum Jan. 20, “Delivering Emergency Price Relief for American Families and Defeating the Cost-Of-Living Crisis,” and an

On September 10, 2025, the Department of Defense (DoD) issued a Final Rule officially incorporating the Cybersecurity Maturity Model Certification (CMMC) Program into the Defense Federal Acquisition Regulation Supplement (DFARS). The Final Rule establishes the processes for integrating the CMMC requirements into DoD Contracts and Subcontracts and creates two new contract clauses that make CMMC compliance a condition for award. The Final Rule is effective November 10, 2025, which gives entities a brief window of time to familiarize themselves with

(A version of this blog post has been previously published with the possibility of a federal government shutdown. Federal funding is set to expire Sept. 30 if lawmakers do not reach a deal.) Shutdowns are inevitably disruptive for federal contractors, but the impact will vary depending on whether the contract is already funded, whether the work is considered “essential,” and whether the contractor requires access to federal facilities or approvals from non-essential federal employees, among other considerations. Contractors can minimize the effect

Business executives, human resources professionals and in-house counsel attended last week’s D.C. Hot Topics in Employment Law Seminar, presented by Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group. The event was an encore and updated presentation of the practice group’s Hot Topics in Employment Law Seminar held annually in February in Baltimore. Topics included the use of AI in workplace and performance management; myriad  employment issues raised on a day-to-day basis with human resources professionals, including disability and religious accommodations and

The Court of Appeals for the Federal Circuit has resolved once and for all the question of who can file a bid protest before the Court of Federal Claims (COFC). In Percipient.ai, Inc. v. United States, its Aug. 28 precedential decision, the court – sitting en banc – held that only actual or prospective offerors qualify as “interested parties” under the Tucker Act. As we previously discussed, a panel of the Federal Circuit ruled in June 2024 that Percipient.ai Inc. had standing to

We previously discussed how the work of the Trump administration’s Department of Government Efficiency (DOGE) is making the decision to protest more critical than ever for offerors, particularly as the end of fiscal year rush to award contracts begins to play out. For awardees, the decision to intervene is just as critically important. Every contract won is becoming more valuable in relation to what, for many contractors impacted by the DOGE effect, is a waning universe of contracting opportunities. By intervening,

By now, anyone who has had their finger on the pulse of government contracting is keenly aware of the impact the Trump administration’s Department of Government Efficiency (DOGE) has had on acquisitions. As of this writing, DOGE claims the amount of dollars saved because of the 13,000-plus contracts terminated to be greater than $58 billion. And while that figure has been debated and, even if accurate, would represent only a small fraction of the hundreds of billions of dollars the

Freddie Mac published a Guide Bulletin on Aug. 26 that imposes new requirements on mortgages originated on or after Oct. 1, 2025. These requirements should be familiar to those who also originate Fannie Mae loans. Freddie Mac now requires that Optigo Lenders deliver the following items in the full delivery package: For acquisitions loans:Copies of any property-seller-side settlement statements For all loans:Copies of all documents that evidence the chain of title for the 36-month period preceding the mortgage origination; A copy of the

The U.S. Supreme Court agreed last week to permit the National Institutes of Health (NIH) to terminate hundreds of grants related to diversity, equity and inclusion (DEI) initiatives worth approximately $800 million. The order was issued in response to the government’s emergency request to stay a lower court injunction barring the termination of the grants. The Supreme Court held that suits challenging these terminations must be brought before the Court of Federal Claims (CFC) and that, conversely, the federal district

This is part of a series discussing state-level bid protests in the DMV. Click here to read about the process in D.C. and click here to read about the process in Virginia. Protest procedures in Maryland are less centralized than D.C. but more centralized than Virginia. Generally Relevant Law The majority of relevant authorities in Maryland are found in Division II of the State Finance and Procurement Article in the Maryland Code (SF&P) and Title 21 of the Maryland Code of Regulations (COMAR). Authority to

U.S. Attorney General Pam Bondi recently issued new guidance aimed at clarifying the current administration’s stance on the permissibility of diversity, equity and inclusion policies and procedures under federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972 – particularly among entities that receive federal funding, such as schools, universities, state and local governments, health care providers, nonprofits and other private employers. In its guidance, the Department

On Aug. 6, Colorado became the second state to enact the Uniform Antitrust Premerger Notification Act (APNA), following Washington earlier this year. Under the APNA, a person making a Hart-Scott-Rodino (HSR) filing on or after the effective date of the act must provide a copy of its federal submission to that state’s attorney general if the notified transaction has a sufficient nexus to the state. Here are some key of the highlights of Colorado’s version of the APNA. Who Must File An HSR-reporting

The Centers for Medicare and Medicaid Services (CMS) published its proposed 2026 Medicare Physician Fee Schedule on July 14. The agency’s announcement emphasized “significantly cutting spending waste, enhancing quality measures, and improving chronic disease management for people with Medicare.” While the fee schedule is still under review, and CMS is soliciting suggestions and public comment, health care providers should familiarize themselves with what CMS has proposed. Here are some key highlights. Enhancing Payment & Quality Measures: Revised Physician Payment Rates & Telehealth

This is part of a series discussing state-level bid protests in the DMV. Click here to read about the process in D.C. and click here to read about the process in Maryland. In the Commonwealth of Virginia, decentralization is the rule. Virginia state law generally vests procurement authority in the individual agency or locality, where a protest can move very quickly from submission to the awarding procurement authority onto appeal at the circuit court. With these principles in mind, here is a