Category: Law

Governor Larry Hogan has appointed Louis to the Circuit Court for Montgomery County.

Louis has been an Of Counsel of Compass Law Partners since 2020 and has been a solo practitioner operating under the name Law Offices of Louis M. Leibowitz since 2011. He focuses his practice on civil litigation, family law, and criminal defense in the state and federal courts of Maryland and the District of Columbia.

Prior to starting his practice, Louis served as a public defender in Montgomery County, where he tried hundreds of bench and jury trials. During this time, he handled criminal matters including traffic tickets, drug cases, and major felonies. While in private practice, Leibowitz won a first-degree murder trial believed to be the first total acquittal on first-degree murder charges in Montgomery County in over a decade.

Leibowitz previously served as a litigation associate at Stein, Sperling, Bennett, DeJong & Greenfeig, P.C., where he represented community associations and municipalities in a variety of litigation matters including land use litigation. He began his career as a law clerk for the Honorable Gerald I. Fisher in the District of Columbia Superior Court.

Congratulations Louis! Link to Press Release: https://governor.maryland.gov/2022/04/20/photo-release-governor-hogan-swears-in-judge-anne-k-albright-to-the-court-of-special-appeals-names-four-to-circuit-courts-for-baltimore-city-montgomery-county/

Sometimes, for kicks, attorneys who do estate planning imagine how they would go about creating a will or trust for a family from a popular TV show (yes, we know it’s weird and we don’t care). The Brady Bunch is a classic example, and the Modern Family crew is interesting too. But lately, the Madrigal family from Disney’s Encanto has been on my mind (and on a continuous loop on my TV).

One of the most popular songs from the movie is called “We don’t talk about Bruno,” in which family members explain their encounters with a mysterious uncle who disappeared under suspicious circumstances. Perhaps his secrets can reveal some of the complicated dynamics at play in the present. Perhaps all this secret-keeping wasn’t the best move. Perhaps not talking about him was actually making their situation worse!

Every family has unique dynamics and challenges, strengths, and secrets. When we work with a family to create their estate plan, we take the time to learn their values and the situations and relationships that are unique to their family. There’s no one-size fits all family; there’s no one-size fits all estate plan. The process of creating a will or trust to plan for the future invites us to navigate complicated scenarios together. We can help you understand the tools that support the priorities you have for your family – Brunos included.

The Maryland General Assembly has passed legislation that will establish a new family and medical leave insurance program that will be applicable to businesses with 15 or more employees. While the bill is still awaiting final enactment, it is nearly certain that it will become law and take effect on June 1, 2022.

Under the program, both employers and employees would have to contribute to a new fund that would establish a state family and medical leave insurance program. The new program will likely get underway after the Maryland Department of Labor promulgates regulations, which are anticipated in June 2023.

As this is going to eventually affect most Maryland businesses, it will be important to have an employment law attorney to ensure proper compliance. Compass Law can help you navigate this new family and medical leave insurance program as well as other laws affecting businesses.

With all the hype surrounding all of the twos last month, it made me think about the terrible twos and those of us with minor children.

No matter what stage our children are in, parents know their needs better than anyone else. As parents, we should be the ones to decide how to best meet those needs, whether we’re here to take care of our children ourselves or not. If you and the other parent of a child die, it is imperative to have a Will where you decide who will serve as the guardian of your minor child(ren). Without it, a court will decide who is “best suited” to care for them.

Not only could this take a very long time and become very expensive, but it could easily create enemies among your living family members (who may feel they are better suited than the others to care for your children). Your children need you to make that choice for them the same way they need you to help them through those terrible twos, pick them up from soccer practice, and teach them why the music of your generation is better than theirs. The best way to do so is to create a Last Will and Testament.

The attorneys at Compass Law Partners can help you through this process to make sure your children are in the best hands in the event you aren’t able to be with them in their formative years.

According to the FBI’s Internet Crime Complaint Center (IC3) most recent Internet Crime Report, the number of internet crime complaints more than doubled in 2020 (791,790 complaints) compared to 2019 (300,000 complaints).  The 2021 report should be released soon but is sure to show the number of complaints continue to increase.

The ease with which a criminal can open a bank account now thanks to the banking industry providing consumers with the opportunity to open a bank account online is a primary reason for this trend.

Have you or has your business been the victim of a cybercrime?  Have you lost money as a result? Compass Law attorneys have experience recovering the money you lost.

As of today, February 7, 2022 1548 bills have been introduced in the Maryland General Assembly and 325 have been introduced before the Delaware Legislature this session.

In Maryland, House Bill 8 would establish a family and medical leave insurance program, which would impose additional taxes on employers – up to $536/employee – to fund the employee leave. There are also bills to modify Maryland’s wage and hour law requirements and that would change the law affecting limited liability companies – or LLCs.

In Delaware, SB 1, Healthy Delaware Families Act is the bill that I think should be highlighted. This legislation would require employers with 25 employees or more to provide up to 12 weeks of paid family and medical leave to their employees. This bill has momentum and was highlighted by the Governor in his recent State of the State address.

Now it’s more important than ever to engage a firm that can represent your interests before the legislative branches in Maryland or Delaware. Changes are coming that could affect your business.

The American Rescue Plan temporarily converted the child tax credit into a fully refundable credit of up to $3,600 per qualifying child under the age of 6 and $3,000 per qualifying child between ages 6 to 17. This change was originally for the 2021 tax year only Congress is working to renew the credit for 2022. A fully refundable credit is a credit that is payable to a taxpayer, even if you do not owe any taxes.

Using 2019/2020 income tax numbers, many taxpayers have been receiving child tax credit monthly payments since July. Please be aware that if your income has increased in 2021, you may be required to repay some or all of the credit paid to you. Further, if one of your children is no longer considered a qualifying child, in some circumstances you may need to pay back some or all of the credit received.

While most people love receiving “free money” on a monthly basis, you should also be aware of the potential downside of accepting these payments. You are able to opt out of the payments by clicking here! (link to contact page)

Much like getting an annual physical to ensure good health, it is critically important to do an annual check-up for your business. Whether a single-member LLC that merely owns real estate or a professional business, there are a few things that should be done each year to reduce liability, protect one’s personal assets, and to ensure the good health of your business. Have you held your annual meeting? Do you have an operating agreement – even if a single-member LLC? Has it been updated for changes in case law or statute to protect your personal assets and that of the business? As 2021 begins to wind down, now is the time to make sure your business is in good health.

President Biden, as part of The American Families Plan, proposed an overhaul of the treatment of capital assets after death.  Under current law, all capital assets owned by a person when they die receive a “stepped-up” basis. This means that your beneficiaries would typically receive the capital assets from your estate with a higher tax-basis so, if they then turned around and sold those assets, there would be little or no capital gains tax due.

President Biden’s proposal would eliminate the automatic step-up in basis for estates with total unrealized capital gains in excess of $1 million.  Instead, the unrealized capital gains would be subject to capital gains tax at a potential rate as high as 39.6% rate (also part of the proposal).

It is particularly noteworthy that the estates subject to this new capital gains tax at death may also be subject to the federal estate tax at its 40% tax rate.  Further, the estates may also be subject to State estate tax if the estate is located in Maryland or DC.

At this point, it seems unlikely that Congress will pass The American Families Plan with these proposed changes to the capital gains tax law but the capital gain tax is increasingly becoming a target so these types of proposals should continue to be monitored.

As 2021 winds down, now is a good time to consult a tax attorney who can assist with your estate planning needs!