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Gerard Gaeng - Partner

Gerard Gaeng

About Gerry

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.

Representative Matters

  • 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)

Education

  • Emory University School of Law, J.D. (with honors) (1984)
  • Towson University, B.S. (summa cum laude) (1981)

Bar Admissions

  • 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...

Demystifying Life Estate Deeds in Maryland

May 9, 2019

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

May 8, 2019

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…

In re: Titus – Fraudulent Conveyance Law Defeats Exemption Rights

March 7, 2019

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. …

Fourth Circuit Allows Unsecured Creditors to Assert Claims for Attorneys’ Fees In Bankruptcy Cases

February 13, 2019

Lawyers who represent debtors in bankruptcy cases, supported by rulings from many bankruptcy judges, have long taken the position that creditors with unsecured claims whose agreements with their debtors provide for payment of the creditors’ enforcement expenses, including attorneys’ fees, are not entitled to assert claims for such expenses in bankruptcy cases.  This view has…

Opportunity Zones: The Good, the Bad, and the Yet to be Defined

January 17, 2019

Date: January 17, 2019 | Authors: Brandon N. Mourges, Michael J. March The Tax Cuts and Jobs Act (“TCJA”) provided the most comprehensive update to the tax code in over two decades. Of the many changes the TCJA provided, Sections 1400Z-1 and 1400Z-2 of the IRC are of the most heavily discussed and analyzed by taxpayers and tax practitioners.…

The ABL Collision Course

July 12, 2018

Commercial lenders that originate asset-based lending (“ABL”) credit facilities are finding themselves in an increasingly competitive market. Large national banks grab the bulk of the multi-million dollar ABL credit line business. Lightly regulated non-bank ABLs serve smaller markets with loan facilities ranging from $3 million to $30 million. Community and regional banks seek to hold…

Lender Compliance with New Customer Due Diligence Rules

July 12, 2018

Lenders should have completed implementation of procedures for compliance with new regulations that become effective on May 11, 2018, informally known as the “Know Your Customer” requirements. Those regulations focus primarily on identifying the beneficial ownership of financial institution accounts. Lenders should not let those beneficial ownership regulations overshadow the new customer due diligence (CDD)…

Seventh Circuit Affirms Dismissal of Student Athletes’ Suit Seeking Federal Minimum Wage, But Concurrence Leaves Room For a Different Result in Future Cases

July 11, 2018

On December 5, 2016, the federal Seventh Circuit Court of Appeals affirmed a trial court’s dismissal of a suit brought by two former members of the University of Pennsylvania’s (“Penn”) women’s track and field team.[1]  The student athletes sued Penn, the NCAA, and more than 120 other NCAA Division I colleges and universities.  The theory…

Oh What A Difference A Day Makes: Ninth Circuit Bankruptcy Appellate Panel Holds That Check Written Before Bankruptcy Filing, But Honored After Bankruptcy Is Post-Petition Transfer

April 19, 2018

“Transfers,” and when they occur, are important under the Bankruptcy Code for a number of reasons.  Trustees may recover as a “preference” any “transfer…to of for the benefit of a creditor…for or on account of an antecedent debt…made within 90 days before the date of the filing of the petition…that enables such creditor to receive…

Supreme Court Patent Case Could Affect Bankruptcy Court Authority

February 28, 2018

The bankruptcy system is facing a potential upheaval from an unlikely front: a patent dispute. The U.S. Supreme Court has heard oral arguments and is now considering the case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and its separation of powers issues could have a drastic effect on the operation of American…