SAUNDERS AND SCHMIELER, P.C. is an established full service law firm actively engaged in the practice of law in all state and federal courts in Maryland, Washington, D.C. and Virginia, while also serving as National Counsel for a number of corporate clients. SAUNDERS AND SCHMIELER, P.C. maintains offices in Silver Spring, Baltimore and Columbia, Maryland; Arlington, Virginia; and Washington, D.C. The firm has represented the interests of a broad base of individual, corporate and insurance clients on a wide spectrum of legal issues for over 50 years. SAUNDERS AND SCHMIELER, P.C. emphasizes the importance of providing sound legal advice and affording personal representation of the highest quality in order to meet the goals of its clients.

For decades, SAUNDERS AND SCHMIELER, P.C. has helped clients minimize risks and resolve legal disputes as they arise. Whether it is a minor property damage case, a multi-jurisdictional environmental tort case, a case of product liability, a construction law dispute, a catastrophic loss, or class action defense, SAUNDERS AND SCHMIELER, P.C. has consistently delivered favorable results to its clients. Our team’s litigation expertise, decades of legal wisdom, and client responsiveness can successfully manage any case and legal matter.

At SAUNDERS AND SCHMIELER, P.C., our clients come first. We help achieve the goals of our clients by providing consistent, high-quality and practical legal services for a reasonable price.

The types of litigation generally handled by SAUNDERS AND SCHMIELER, P.C. are major tort, insurance coverage and contract cases, which ultimately lead to dismissal or a jury trial in the event that a settlement is not consummated in the best interest of its clients, after the performance of a thorough claim evaluation and the conducting of any necessary settlement negotiations.

All counsel are experienced trial lawyers and all supporting litigation personnel are assigned specific legal tasks or research assignments which are strictly supervised and monitored. All case files are maintained on a computerized calendar controlled system and a litigation controlled system. The firm has continually worked in close association with insurance adjusters and insurance personnel on a day-to-day basis for many years in connection with the representation of the interests of a number of major carriers.

In addition to the broad-based general and litigation practice maintained by SAUNDERS AND SCHMIELER, P.C., the firm has an active corporate and business practice involving day-to-day consultation on behalf of corporate clients in extensive matters of business practice, corporate law, and general commercial law.

In order to meet the needs of corporate and insurance clients, SAUNDERS AND SCHMIELER, P.C. offers corporate and insurance legal audit services, as well as contractual legal services, tailored to meet the specific needs of particular clients. The firm also provides complete legal department services designed to work in close association with corporate and insurance clients, including self –insured corporations.

COMMERCIAL LITIGATION

SAUNDERS AND SCHMIELER, P.C. has developed an extensive commercial litigation practice in all areas of corporate law. SAUNDERS AND SCHMIELER, P.C. represents a broad range of commercial clients at all levels of the litigation process in the state and federal courts of Maryland, Virginia and Washington, D.C.

At the local level, SAUNDERS AND SCHMIELER, P.C. has established an experienced team of litigators and support staff to exhaustively pursue or vehemently defend commercial interests. At the national level, SAUNDERS AND SCHMIELER, P.C. has developed and implemented a successful system for managing national litigation interests through state-of-the-art computer technology and a network of experienced litigators. The attorneys of SAUNDERS AND SCHMIELER, P.C. are admitted to practice in a variety of jurisdictions, and the firm will strictly monitor and coordinate national litigation needs in both the commercial and tort law arenas.

CONSTRUCTION LIABILITY

Construction liability involves a wide spectrum of claims emanating from construction projects and may involve design professionals such as architects and engineers, owners, contractors, material and equipment suppliers, and injured workers. Frequently, issues of Inherently Dangerous Activities, Breach of Contract, Negligence, Defective Equipment, Independent Contractors, and Indemnity are involved in this type of litigation.

SAUNDERS AND SCHMIELER, P.C. has significant experience in the representation of clients who are involved in construction litigation predicated on both contract and tort litigation. A client involved in one of the largest construction cases in Maryland's history, a case in protracted litigation for over eight (8) years, was successfully defended by SAUNDERS AND SCHMIELER, P.C.

SAUNDERS AND SCHMIELER, P.C. has also been extensively involved as defense counsel in leading cases involving PVC piping claims, FRT plywood cases, EIFS cases, mold claims, and a wide spectrum of faulty workmanship and construction defect litigation. SAUNDERS AND SCHMIELER, P.C. continues to offer its experience and knowledgeable services in the area of construction litigation in order to best meet the needs of its corporate, business and insurance clients.

DISCRIMINATION CLAIMS

SAUNDERS AND SCHMIELER, P.C. has developed an expertise in the defense of a wide variety of discrimination claims, including Employment Discrimination, Housing Discrimination, Race, Gender and Age Discrimination, and Sexual Harassment Claims, for a wide spectrum of commercial and individual clients at all levels of administrative and judicial proceedings.

Unfortunately, this area of the law is currently expanding at a phenomenal rate, as recent amendments to state and federal regulations have allowed claimants and their advocates tremendous latitude in bringing an enormous amount of claims against a wide variety of individuals and commercial entities, creating a self-proliferating growth industry.

SAUNDERS AND SCHMIELER, P.C. is at the forefront of the defense of these claims, working to protect the interests of the individuals and businesses subjected to discrimination actions, while actively seeking to shape and define the defenses available to individuals and companies operating in a non-discriminatory fashion. The firm currently represents a number of clients, including Property Owners, Property Management Companies, and other commercial entities before the courts and before such administrative agencies as the United States Department of Housing and Urban Development, and SAUNDERS AND SCHMIELER, P.C. has consistently succeeded in the defense of discrimination claims while providing advice and consultation with regard to policy and procedures in order to limit potential liability in the future.

ENVIRONMENTAL LAW

SAUNDERS AND SCHMIELER, P.C. has extensive experience in handling the defense of environmental claims of a wide range, nature and description, ranging literally from A (asbestos) to Z (zinc). The firm has successfully defended a wide variety of toxic chemical claims, formaldehyde claims, lead poisoning claims, carbon monoxide poisoning claims, toxic fumes claims, as well as sick building claims, pesticides and other hazardous materials and contamination claims.

The firm has an established history in the defense of environmental claims and disputes of a varied nature and is recognized by its insurance clients as a firm which excels in the expanding practice of environmental law. Saunders and Schmieler, P.C. will continue to provide experienced and knowledgeable representation to its expanding clients in the areas of environmental dispute claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended by the 1986 Superfund Amendments Reauthorization Act (SARA), the Clean Water Act (CWA) as amended by Federal Water Pollution Control Amendments (FWPCA), and the Emergency Planning and Community Right-to-Know Act (EPCRA), among others.

INSURANCE COVERAGE LAW AND LITIGATION

In conjunction with a long-standing tradition of service to the insurance industry, SAUNDERS AND SCHMIELER, P.C. has also been engaged as coverage counsel for a number of major insurance carriers and their clients. As a result, the firm has developed an extensive insurance coverage practice and currently provides advice and counseling to insurance companies, corporate clients, and individuals on a wide variety of insurance coverage and insurance underwriting matters. The firm specializes in the analysis and litigation of insurance coverage issues by providing detailed coverage opinions, evaluations, and recommendations with regard to all aspects of insurance coverage on a national level, serving as coverage counsel in the defense and prosecution of declaratory judgment actions, bad faith claims, and insurance coverage litigation.

INSURANCE DEFENSE

SAUNDERS AND SCHMIELER, P.C. has been engaged as defense counsel for the insurance industry representing the interests of major insurance carriers, their insured individuals and commercial clients as designated defense counsel for a wide variety of defense claims, such as Insurance Defense Trial & Litigation, Insurance Coverage Law & Litigation, Self-Insurance, Intellectual Property Law, Products Liability Defense, Premises Liability, Construction Liability Defense, Discrimination Claims, Errors and Omissions, Advice & Consultation, Insurance Risk Management, Corporate Law, Commercial Litigation, Directors & Officers Liability, Environmental Law, Toxic Tort Defense, Personal Injury Defense, Labor Relations, Workers’ Compensation, Mass Tort & Litigation Defense, Civil Rights Litigation, General Tort Liability Defense, Security Law, Medical & Professional Malpractice Defense Litigation, Environmental Defense Litigation, Contract Law, General Liability Defense Claims, Advertising Injury, Toxic Chemical Litigation, Toxic Fume and Contamination Claims, Occupational Illness, Housing Discrimination, Civil Liability, Class Action Defense, Professional Sports and Entertainment Law and General Trial and Appellate Practice in all state and federal courts.

All firm counsel constitute a team of experienced insurance defense litigators who have worked in close association with insurance adjusters and insurance personnel on a day-to-day basis for many years in connection with the representation of the interests of major carriers. The firm has received the highest "AV" Rating from Martindale-Hubbell, and is also listed in AM Best's Directory of Recommended Insurance Attorneys and Adjusters.

As dedicated professionals, the attorneys of SAUNDERS AND SCHMIELER, P.C. monitor their expanding practice by attending various Continuing Legal Education seminars and courses, as well as constantly utilizing their continually updated total client service library. The firm also keeps its insurance clients advised as to the recent developments in the law by the issuance of memoranda on landmark cases affecting the insurance industry and the more formal publication of insurance and Tort Law Updates. It is the firm's philosophy that in order to provide the best service possible, its staff must be knowledgeable and carrier-responsive in order to meet and exceed the changing needs of its insurance clients.

INTELLECTUAL PROPERTY LAW

SAUNDERS AND SCHMIELER, P.C. has extensive experience in representing business and commercial clients in a wide spectrum of general business tort litigation, inclusive of the defense of intellectual property claims consisting of unfair competition, tortious interference with a prospective business advantage, trade secrets, trade dress, trademark, unfair business practices, copyright, and patent infringements.

SAUNDERS AND SCHMIELER, P.C. has had extensive experience in representing a number of national corporate clients which are leaders in the field of telecommunications, computer technology and the manufacture of advanced telecommunications and diagnostic computer products. The firm’s representation not only entails extensive nationwide litigation of intellectual property matters, but is also inextricably bound with representing the interests of its clients in all stages of the computer and telecommunications manufacturing process, inclusive of the protection of intellectual property rights such as the protection of the confidentiality of source codes essential for the successful operation of its products, as well as the protection of a wide variety of intellectual property rights.

JEFFREY R. SCHMIELER has had extensive experience in the representation of a number of firms as General Counsel, as well as litigation counsel, during which time he was intricately involved in that portion of the practice of law known as “Intellectual Property Law.” Additionally, Mr. Schmieler's undergraduate degree, which was earned at the University of Maryland, consisted of a Bachelor of Science Degree, with a major in Zoology and a minor in Chemistry, which, because of its scientific underpinnings, is of significant advantage in the defense of bio-technical, biochemical, pharmaceutical, chemical formulation and intellectual property claims involving complex scientific subject matter.

SAUNDERS AND SCHMIELER, P.C. provides thorough analysis and coverage opinions of these intellectual property violations for insurance carriers and business clients under the “advertising injury” and other coverage provisions found in commercial, excess and umbrella insurance policies.

PRODUCT LIABILITY

SAUNDERS AND SCHMIELER, P.C. has represented a significant number of product manufacturers and vendors since the advent of Products Liability Litigation, and has not only successfully defended products claims premised upon Negligence, Breach of Warranty and Strict Liability in tort, but has also been in the forefront of the effort to defend its clients against unwarranted and unfounded claims of products liability by claimants and claimants' lawyers who utilize the legal system to impose liability on product manufacturers in instances where no basis for liability exists in fact or law. SAUNDERS AND SCHMIELER, P.C. has successfully defended a significant number of products liability defense cases, and through the representation of its clients, SAUNDERS AND SCHMIELER, P.C. has proudly contributed to the shaping and defining of the defenses available to the manufacturers and vendors of reasonably safe commercial products, and enjoys an excellent reputation among its clients for the quality of representation afforded in the defense of Products Liability Claims.

PROFESSIONAL SPORTS LAW

SAUNDERS AND SCHMIELER, P.C. has extensive experience in representing the special interests of professional sport entities, inclusive of the owners and operators of professional sport facilities, football stadiums, professional sport teams and public recreational and entertainment facilities. The firm has been actively engaged as defense counsel in a wide spectrum of claims made against its clients arising out of spectator injuries which have occurred during sporting and entertainment events involving public exposure, and is keenly aware and attentive to the special publicity and public relations problems which are peculiar to the needs of its professional sports owner clients.

In recent years, potential liability to the owners or operators of sports and entertainment facilities for injuries to spectators and fans has markedly increased in many jurisdictions. The risk of loss often is affected by statutes and ordinances, as well as expanding common law concepts of negligence. The general duty of care for the owners and operators of such facilities is to use reasonable care to protect spectators from harm. In determining what the standard of ordinary and reasonable care requires, the courts, therefore, look to both the expanding common law and to statutory provisions. Under the common law, ordinary or reasonable care is the degree of care that a reasonable person of ordinary prudence would exercise under the same or similar circumstances. Therefore, the extent and practical requirements of an owner or operator duty to use reasonable care to protect spectators depends upon the factual circumstances of each individual case, and involves an analysis of the duty to provide a safe seating or viewing area and the duty to warn spectators of dangers. These duties have been recognized in a wide variety of sports and entertainment events, such as football, hockey, auto racing, horse racing, baseball, rock concerts and theatrical events. The dangers of a particular sport or entertainment event to spectators must, therefore, be determined. These dangers include crowd control responsibility, the control of media coverage of NFL and other events, and the “crowd control” dangers associated with particular events, such as "moshing," "launching," "stair diving," and "mud slides" at rock concerts, as well as “evacuation plans” and related safety and security operations.

SAUNDERS AND SCHMIELER, P.C. has successfully defended the owners and operators of sports and recreational facilities ranging from NFL events to performances at the Kennedy Center.

The legal representation afforded to its clients in this area of the law is tailored to the needs of each specific client in order to assure that the professional services rendered is always calculated to serve the special requirements for that client.

SECURITY DEFENSE LIABILITY

SAUNDERS AND SCHMIELER, P.C. has for a substantial period of time been actively involved in the defense of numerous claims of liability against commercial establishments and businesses for wrongful death, injuries, and damages sustained by members of the public predicated upon the criminal acts of third persons. The firm has successfully represented a wide spectrum of clients whom have been sued for the alleged failure to provide adequate security. Under existing law, commercial enterprises and businesses, under certain circumstances, can be held liable for the failure to provide adequate security to protect members of the public from the criminal acts of third parties, as well as the failure to prevent crime and criminal activity as a consequence of the failure to provide adequate security and/or the failure of a security force to prevent crime. Our representation has not only included the owners and operators of business and commercial enterprises, but also a number of nationally and locally based Security Companies. The firm has also published extensively in this area of the law and has presented a number of seminars on the subject to the insurance industry, as well as to Owners & Operators of Malls, Retail Establishments and Commercial Enterprises, as well as to the public sector.

This area of the law, unfortunately, has taken on added significance since September 11, 2001, and is expected to continue to pose significant loss risk exposure and liability problems for the business and commercial business owners. Due to the heightened state of alert that has been imposed upon the country in view of the acts of terrorism committed in the domestic United States, the continued threats of violence in the form of acts of terrorism, inclusive of the threats of weapons of mass destruction, specific threats of acts of terrorism and the continued threat of biological weapons and warfare, this area of tort liability defense is expected to grow exponentially in the coming years. Mass tort litigation arising out of future terrorist acts will pose a significant risk of loss to business and commercial owners which must be adequately defended.

Such claims must be vigorously defended in order to preserve the financial viability of the commercial and insurance industries from the anticipated claims which seek to impose liability upon the owners and operators of commercial establishments where none has ever existed before. According to traditional principles of tort liability, the public sector in the form of federal, state or municipal governments are not liable for injury, death or damages caused by the Criminal Acts or Terrorist Acts of Third Parties, yet liability is currently attempted to be asserted against Main Street America, i.e. the Owners & Operators of Malls, Retail Establishments and Commercial Enterprises for such activities.

SAUNDERS AND SCHMIELER, P.C. continues to be of service to both the insurance industry in the form of providing a defense to its policy holders to the extent that insurance coverage exists, or in the form of insurance coverage defense, to the extent that such coverage is not provided, as well as vigorously defending such asserted liability on behalf of the business and commercial community.

WORKERS’ COMPENSATION

SAUNDERS AND SCHMIELER, P.C. represents the interests of employers and insurers in workers' compensation claims in Maryland, Virginia and the District of Columbia. The firm is actively involved in combating fraud in the workers' compensation system and has worked actively in promulgating a much needed Re-Codification of the Workers' Compensation Statue in the State of Maryland.
SAUNDERS AND SCHMIELER, P.C. works in close association with the insurance carriers and employers in order to uncover fraudulent claims, to minimize the costly delays inherent in the workers' compensation system, and by working with vocational rehabilitation personnel and occupational medicine personnel in establishing the return to work date of the injured worker at the earliest possible time in those cases where injuries are genuine and the return to work is consistent with good medicine.

The staff of professionals at SAUNDERS AND SCHMIELER, P.C. also work directly with the employer in the early implementation of ADA "reasonable accommodations" consistent with good Vocational Rehabilitation in order to return the claimant to gainful employment and thus minimize the claim for Temporary Total Disability.

LEGAL AUDIT

The accounting profession has been active in performing audits for and on behalf of business, business associations and corporations for a substantial period of time. Unfortunately, the legal profession usually gets involved in representing clients after a serious legal problem has surfaced in connection with the ownership and operation of a business, which generally results in large litigation expenses made necessary by a problem which could have been obviated by prior legal consultation.

Among the professional services provided by SAUNDERS AND SCHMIELER, P.C. to sole proprietorships, business associations and corporations, both large and small, is THE LEGAL AUDIT.

Complete legal audit services are available to be performed by the firm for business organizations or corporations in order to determine the legal needs and requirements of the business organization or corporation and to render advice and consultation in the form of a legal audit report. All such legal work is strictly confidential and SAUNDERS AND SCHMIELER, P.C. will work in direct consultation to determine the legal requirements for the business organization or corporation.

The LEGAL AUDIT performed by SAUNDERS AND SCHMIELER, P.C. is based upon the size of the business organization or corporation and the anticipated complexity of the audit and includes the following services, inclusive of a written legal audit report:


• Legal review and analysis of existing business structure and format with specific recommendations as to legal requirements and applicability of specific state and federal code requirements to the operation of the business;

• Review of all existing business forms and contracts in general use and recommendations with respect to additional contracts, forms and legal requirements;

• Specific UCC requirements, review, analysis and recommendations;

• Business format, business organization, corporate review and analysis;

• Insurance coverage review and analysis of complete insurance coverage needs for the business with specific recommendations for any additional coverage and protection;

• Risk management assessment and analysis with specific recommendations on contractual risk transfer, contractual liability, contractual protection, and loss prevention;

• Review, analysis and recommendations of alternatives to insurance coverage, including considerations of self-insurance programs;

• Employer/Employee relations and contract review and analysis;

• Review of all corporate records, facilities, manuals and job descriptions to assure compliance with all applicable federal, state and local regulations, including the occupational Safety and Health Act (OSHA), the Americans with Disabilities Act (ADA), and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Due to the complexities of federal and state statutory provisions and regulations, affecting a wide spectrum of business activities, it is necessary for all businesses to periodically review, from the legal perspective, full compliance with all federal, state and local legal requirements.

• Compliance with current environmental regulations such as CERCLA (Comprehensive Environmental Response Compensation and Liability Act of 1980 (Superfund) 42 U.S.C. §§9601 – 9675, SARA (Superfund Amendments and Reauthorization Act of 1986), CWA or FWCPA (Federal Water Pollution Central Act) 33 U.S.C. §§1251 – 1387, EPCRA (Emergency Planning and Community Right to Know Act) or SARA Title 11142 U.S.C. §§11001 – 11650, RCRA (Resource Conservation and Recovery Act) SWDA (Solid Waste Disposal Act) 42 U.S.C. §§6901 - 6992, must be proactively reviewed and monitored to prevent or limit potential liability.

THE LEGAL AUDIT service has been established in order to assist business organizations in meeting the legal requirements of its business activities in today's world. The results of any legal audit performed by SAUNDERS AND SCHMIELER, P.C. is strictly confidential and will constitute privileged communication protected from disclosure by the attorney/client privilege.

SAUNDERS AND SCHMIELER, P.C. has served as legal advisors to corporations, insurance companies and individuals in all phases of commercial, insurance and business law for over 50 years. The firm has extensive experience in a wide range of corporate legal issues, including the Legal Audit, defense of major tort cases, and the pursuit and defense of major contract claims.

APPROVED ATTORNEYS FOR:

Chubb Group of Insurance Companies
Chubb Services Corporation
Chubb & Son
Chubb Specialty Insurance
Federal Insurance Company
Vigilant Insurance Company
Chubb Indemnity Insurance Company
Great Northern Insurance Company
CNA Insurance Companies
CNA Commercial Insurance
The Hartford Insurance Group
Specialty Risk Services, Inc.
Millers Mutual Group
Ohio Casualty Group
Ranger Insurance Company
Gulf Insurance
K&K Insurance Company
TIG Insurance Company
American Specialty Insurance
Niagra Fire Insurance Company
Fidelity & Casual Ins. Co. of N.Y.
Firemen’s Insurance Co. of Newark
Commercial Insurance Company
Buckeye Union Insurance Company
Boston Old Colony Insurance Company
Phoenix Insurance Company
Kansas City Fire & Marine Insurance Co.
Pacific Indemnity Insurance Company
Sun Insurance Company
Moore Group, Inc.
Broadspire, A Crawford Company
Founders Insurance Company
IBNI Insurance Services Limited

REPRESENTATIVE CLIENTS WHICH THE FIRM HAS SUCCESSFULLY DEFENDED IN LITIGATION:

AAA Mid-Atlantic, Inc.
MBNA America Bank
Dunbar Armored, Inc.
Outback Steakhouse, Inc.
Fannie Mae
Baltimore Symphony Orchestra
B&O Railroad Museum
Argenbright Security, Inc.
Zimmer Development Company
Skee-Ball, Inc.
AIMCO
U.S. Chamber of Commerce
APCOA Standard Parking
Technica USA Corporation
Sovereign Bancorp, Inc.
The Ducane Company
Black Entertainment Television (BET)
Mercantile Bankshares Corporation
The National Society of the Daughters of the American Revolution
New York Life Insurance Company
Atlas Air Conditioning, Inc.
Ameridata Technologies, Inc.
MDY Advance Technologies, Inc.
Starbucks Corporation
Kimberly-Clark Corporation
Ann Taylor’s
McDonalds Corporation
McCrory Corporation
Farmers Bank
Petsmart
Subway Restaurants
K-Mart Corporation
BP Oil Company
Toys R Us
Best Products Company
Parke Davis Company
T.B. Texaco Company
American Safety Corporation
Watkins Johnson Company, Inc.
Manor Care, Inc.
Spiniello Construction Company
Signet Bank
Prudential Insurance Company
Case Communications, Inc.
Crestar Bank
Mazza Gallery
Westwood Management Corporation
ZEP Manufacturing Company
National Service Industries
Lazlo N. Tauber
Grady Management, Inc.
NationsBank
Chevy Chase FSB
Legg Mason
Thompson Plastics
Lakeforest Mall Associates
Piney Branch Motors
Rheem Manufacturing Company
Pulmosan Corporation
Federal Deposit Insurance Company (FDIC)
Union Labor Life Insurance Company (ULLICO)
Capital Children’s Museum
Cafritz Corporation
Whirlpool Corporation
District Cablevision
Gelm Management Company
October Corporation/Barlow Corporation
Southern Management
White Flint Mall