Gerard Gaeng - Partner
As a partner in the firm's Litigation Group and member of the Financial Services Group, Gerry Gaeng has handled successfully some of the region's largest and most complex litigation matters, in state and federal trial and appellate courts. He concentrates in complex business and government litigation, including class-action defense, financial services litigation, administrative law, higher education law, and real estate and construction litigation. A former federal judicial law clerk, Maryland Assistant Attorney General, and counsel to a congressionally created commission that investigated the nation's savings and loan crisis of the 1980's, Gerry has been recognized in a short list of Maryland's "local litigation stars" in every annual edition of Benchmark: America's Leading Litigation Firms and Attorneys, where clients have praised him for "astounding results" and described him as "simply the best." Similarly, he has been listed in every edition of Maryland Super Lawyers and in the 2011-2018 editions of Best Lawyers in America, which named him Baltimore's 2016 "Lawyer of the Year" for Litigation - Banking and Finance.
- Successfully defended federal-court consumer class action against large automotive dealership group alleging violation of state law governing automobile financing.
- Tried arbitration case for Fortune 500 company seeking damages against coal producer under a commodity supply contract; resulted in mid-trial favorable settlement.
- Obtained an order compelling individual arbitration of a claim of a named plaintiff in a putative class action against a financial services company.
- Recovered substantial funds for a vendor of commercial real estate when a developer defaulted on the purchase agreement.
- Was lead counsel on amici curiae brief filed on behalf of financial services companies before Maryland's highest court; resulted in affirmance of judgment that defendant mortgage assignee was not liable for statutory lending violation committed by loan originator.
- Successfully defended before a jury claims brought against a developer and home builder by residents of a community alleging underground water problems.
- Successfully defended in federal trial and appellate courts consolidated class-action cases brought against purchasers of mortgage loans under state and federal mortgage lending statutes.
- Drafted complex legislation for professional association and for a governmental entity; both bills were enacted into law.
- Recovered substantial liquidated damages for a totalizator company in federal trial court for breach of contract by the operator of a racetrack in West Virginia.
- Successfully defended claims asserted under a host of state and federal statutes, including:
- The Real Estate Settlement Procedures Act (RESPA)
- The Truth in Lending Act (TILA)
- The Home Ownership and Equity Protection Act (HOEPA)
- The Fair and Accurate Credit Transactions Act (FACTA)
- The Maryland Uniform Commercial Code (UCC)
- The Maryland Consumer Protection Act (MCPA)
- The Maryland Secondary Mortgage Loan Law (SMLL)
- The Maryland Retail Installment Sales Act (RISA)
- The Maryland Credit Grantor Closed End Credit Provisions (CLEC)
- The Fair Debt Collection Practices Act (FDCPA)
- The Telephone Consumer Protection Act (TCPA)
- The Maryland Telephone Consumer Protection Act (MTCPA)
- The Maryland Consumer Debt Collection Act (MCDCA)
- Emory University School of Law, J.D. (with honors) (1984)
- Towson University, B.S. (summa cum laude) (1981)
- Maryland Court of Appeals
- U.S. District Court, District of Maryland
- U.S. Court of Appeals, Fourth Circuit
- U.S. Supreme Court
The Latest from the Knowledge Center...
Eighteen Rosenberg Martin Greenberg, LLP Attorneys Selected for Inclusion in Baltimore Best Lawyers in America 2020
Rosenberg Martin Greenberg, LLP is proud to announce that 18 of its attorneys have been selected by their peers for inclusion in the Best Lawyers® in America 2020 List, to be featured in U.S. News & World Report. Best Lawyers® is a respected peer-review publication in the legal profession which has been published for over…
Rosenberg Martin Greenberg, LLP is pleased to announce the election of two of its attorneys, Adam Ruther and Justin A. Williams, as partners of the firm, effective July 1, 2019. Justin represents developers, as well as commercial and industrial property owners in land use, zoning, entitlements, building construction regulation, and liquor licensing matters. He sits on…
Rosenberg Martin Greenberg, LLP, a 40-attorney law firm headquartered in Baltimore, Maryland with offices in Maryland, Delaware, New York and Washington, D.C. is pleased to announce the launch of its Criminal Defense and Investigations microsite. The Criminal Defense and Investigations team is comprised of former prosecutors and investigators, as well as seasoned attorneys with significant…
New Legislation Proposed to Lower Threshold for Projects to Qualify for Baltimore City’s High-Performance Market-Rate Rental Housing Tax Credit
By: Justin Williams On May 9th, Councilman Bill Henry introduced CCB #19-389, which proposes to modify the number of rental units required to qualify a multi-family dwelling project for the City’s High-Performance Market-Rate Rental Housing Tax Credit (the “Tax Credit”) from 20 units to 10 units. First enacted in 2014, the Tax Credit was aimed…
Public infrastructure projects are on the rise, from new transit systems to comprehensive highway renovations and everything in between. Behind the scenes, some governmental body is fast at work acquiring private land along the project route by power of eminent domain. This harsh reality is endlessly vexing to anyone who stands to lose land to…
May 30, 2019 | William L. Hallam, Creditors’ Rights In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under the Bankruptcy Code.” In its May 8, 2019…
Maryland Governor Signs into Law New Statute Assisting Commercial Lenders Seeking to Obtain Receiverships over Borrowers and/or Real Estate Collateral
There is good news for commercial lenders in Maryland seeking the appointment of a receiver over a borrower or solely over real estate collateral. On April 30, 2019, Governor Hogan signed into law HB 1065, which creates an entirely new set of rules when a commercial lender wishes to have a receiver appointed as one…
By Craig A. Enck, Esq., Partner, Rosenberg Martin Greenberg, LLP and Richard (Ricky) Adams, Associate, Rosenberg Martin Greenberg, LLP In Maryland, you can make a beneficiary designation on your real property. This type of transaction is called a Life Estate Deed. It can be a very useful tool to avoid probate while also preserving tax…
Maryland Bankruptcy Court Determines Priority of Homeowner Association Fees versus Mortgage Lender’s Deed of Trust
In 2017, the Maryland Court of Appeals in the case of Select Portfolio Servicing, Inc. v. Saddlebrook West Utility Company, 455 Md. 313 (2017) (“Saddlebrook”) held that a provision in a recorded declaration by a utility that purported to create a lien to secure payment of an annual assessment to cover the construction of water…
Many states, including Maryland and Pennsylvania, recognize the common law form of ownership of property as “tenants by the entireties” for both real and personal property, including bank accounts. Under that form of ownership, a husband and wife are a “marital unit” that is a different legal entity than the husband or the wife individually. …