New Updates to Cobra Notices Include Affordable Care Act Information

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12/28/2014Rixey, James B.

Authored by attorney Jay Rixey The U.S. Employee Benefits Security Administration recently announced updates to its model notices informing employees of their eligibility to continue health care coverage at the end of their employment through the Consolidated Omnibus Budget Reconciliation Act (COBRA).  The purpose of the changes is to include information related to the Affordable… Read more »

New OSHA Reporting Requirements Effective January 1, 2015

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12/22/2014Caramore, Megan

Authored by attorney Megan Caramore On September 11, 2014, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a final rule with respect to new reporting requirements for fatalities and severe injuries.  Previously, the rule required only that employers report fatalities or hospitalizations of three or more workers.  The new rule, which takes… Read more »

Searching for Substantial Similarity Between Architectural Works in the Fourth Circuit

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12/17/2014Golden, Sean M.

Authored by attorneys Sean M. Golden & J. Brandon Sieg Introduction To succeed in a claim of copyright infringement, a plaintiff must prove that “the defendant copied the original elements” of the plaintiff’s copyrighted work.[i]  In most cases, a plaintiff who suspects his copyrighted work has been infringed does not have direct evidence of copying. … Read more »

You Can’t Copy What You Can’t See. Why “Access” is so Important in Copyright Infringement Cases

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10/28/2014Golden, Sean M.

Authored by attorney Sean Golden The U.S. Copyright Act gives the creator of an architectural work (i.e., the copyrighted design of a building) the exclusive right to make copies or reproductions of that design.  Anyone who makes unauthorized copies can be sued for copyright infringement. As a practical matter, direct evidence of copyright infringement can… Read more »

Virginia Mechanic’s Liens – Deadline Overview

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10/22/2014Vandeventer Black

Below is a copy of a “cheat sheet” summary of important deadlines relating to Virginia mechanic’s liens John Lockard and I prepared for a recent talk. Obviously not intended as a complete overview of mechanic’s lien law, times or requirements; but a simple “keep in mind” overview.

Mechanic’s Liens: Part One. Technical Risks

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10/02/2014Vandeventer Black

Authored by attorney John Lockard Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial interpretations of the statutory provisions have made the requirements much more… Read more »

Mechanic’s Liens: Part Two. Practical Risks

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10/02/2014Vandeventer Black

Authored by attorney John Lockard A mechanic’s lien is a powerful tool to secure payment for construction work.  As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien.  Heads Up Sprinkler lost its mechanic’s lien after five years because it failed to include a statement that it “intended to… Read more »

An Introduction to Copyright Law for Architects

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09/19/2014Sieg, J. Brandon

Authored by attorney J. Brandon Sieg Architects are afforded copyright protection for their work, but what is the scope of your protection?  Courts are still wrestling with this question, and the answer will vary depending on the nature of your project. Historically there was little protection beyond physical copying of an architect’s drawings.  In 1990,… Read more »

Just Sign Here

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08/05/2014Walker, James W.

Authored by attorney James W. Walker Have you ever performed work for a client without getting the client’s signature on a contract?  If a problem later surfaced, could you enforce its terms? In many states, the answer is a resounding …maybe.  Signed contracts are important because they establish with certainty who the client is, what… Read more »

New Virginia Laws Address Medical Provider Billing

06/18/2014Caramore, Megan

On July 1, 2014, new laws go into effect in Virginia to address medical provider billing in state workers’ compensation cases. The changes include additions to Virginia Code Section 65.2-605 which limit the amount that medical providers may charge for the services of nurse practitioners, physician’s assistants and assistant surgeons during surgery. Additionally, the changes… Read more »