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December 2021

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For Businesses, Entrepreneurs & Organizations

At The Helm of The Company

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The board of directors of a company can be likened to the captain of a ship. The board, like a captain, is empowered to run the company and usually delegates the day-to-day execution of the board’s plan to appointed officers of the company. In good weather, a captain’s role may seem easy and almost unnecessary. Similarly, in a good business climate, the role of the board of directors may be upstaged by the performance of the company. That does not mean, though, that the board does not remain responsible for the overall direction of the company. In fact, the board owes certain duties to the company at all times. This note discusses the general fiduciary duties that a board of directors owes to the company at all times.

Mandatory COVID-19 Vaccine Mandates for Private Employers, Contractors & Health Care Workers

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In accordance with President Biden’s order, on November 5, 2021, the Occupational Safety and Health Administration issued a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The ETS mandates that private businesses with at least 100 employees require all employees to get vaccinated or undergo weekly COVID-19 tests and face mask requirements by January 4, 2022. On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's ETS. The court ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order." OSHA had suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation. The determination of the stay was before the Sixth Circuit Court to consider the challenges to the ETS and the Department of Labor’s motion to lift the stay.

For Individuals & Families

#freebritney: It Happened to Britney Spears

Can It Happen to You?

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The case of Britney Spears has brought conservatorships (known in Maryland as “guardianships”) to the forefront of our public dialogue. What allegedly began as a temporary arrangement in 2008 while Spears was in a psychiatric facility amid mental health concerns, extended to a permanent guardianship (over Spears’ apparent objections) lasting 13 years, 9 months and 11 days. Could the same thing happen in Maryland?

The Concept of "Testamentary Capacity:" Why is it important, and when is it too late?

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As we approach the end of the year, it’s not uncommon to ruminate and reflect on our lives and legacies. There is no better way to ensure that your legacy lives on, with your wishes intact, than by clarifying your values and wishes through a comprehensive estate plan. Whether thinking about revising your estate plan due to major life events, such as a birth of a grandchild or a child’s divorce, or getting your first estate plan done, this time of the year is ideal.

In the Community

3 Shifts to Thrive in the Next Normal

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We invited Ann Quinn from Quinn Strategy Group to share a recent LinkedIn post she wrote with us. Ann has spent more than two decades advising privately held companies, nonprofits and family foundations that are facing the challenges of developing and implementing an organizational strategy, building organizational capacity, delivering mission and services or facing a funding event.

Firm Spotlight

Check Out Our New Website!

2021 was a busy year for us! We have overhauled our website with a new and fresh look, have provided new information and resources, and have made it easier for you to navigate and find information important to you. Take a minute to take a peek around - www.darslaw.com! And, you might have noticed a new look to our newsletter, which now works in tandem with our new website. We hope you like them both and that you will let us know what you think.

Growth at the Firm

With the growth of many of our practice areas, together with our commitment to meet the ever-changing needs of our clients and the greater business community, the firm has added several new members to our team in recent months. We hope you will join us in welcoming them and that you will stop by and meet them in the new year.

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Jim Young

We are thrilled to welcome Jim to the firm as the Director of Operations. Jim has years of experience working in executive leadership and strategic planning, and is well poised to help the firm with its continued growth.

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Erika Diaz

Erika has been a wonderful addition to the firm and is the friendly person you encounter when you call or visit us. Erika joined the firm with aspirations to further her education and eventually become an attorney.

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Charles Kassouf

Charles works in the firm's Business & Transactional Practice Group and serves as general counsel to business clients, with a focus on M&A transactions, banking and financing issues. He will also support the Estate Planning Practice, where he will assist business owners with succession planning strategies.

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Rebecca Straus

Rebecca has been a welcome addition as a paralegal in our Litigation Practice Group, where she does a tremendous job keeping litigation matters organized and managing through the impact that COVID has had on how courtroom proceedings are handled.

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Keri Sacabon

Keri is our most recent addition, yet she has jumped right in doing a great job, making it feel as if she's been part of our team for years. She works with the attorneys in our Business & Transactional Practice Group supporting the needs of our business clients.

News That Could Affect You,

Your Business & Your Community

Workers Keep Resigning.

Here's a Novel Idea to Get Them to Stay

Instead of relying on exit interviews for potentially illuminating information, business owners are connecting with their employees before they're already out the door. To keep employees from leaving amid the Great Resignation, leaders need to start asking the tough questions--at the right time.

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Small Business Year-End Checklist - Prepare for 2022

The end of the year is often seen as a perfect time of year to reflect and plan for the year ahead. But the reality for most business owners is that it's crazy busy and it may feel like all you can do to make it through.

Read More
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