06/25/2018
In Travelers Indemnity Company of Connecticut v. Lessard Design, Inc. (decided June 12, 2018), the Eastern District of Virginia invalidated an indemnity clause in a contract between an architect and a contractor on the basis it violated Va. Code § 11-4.1, which prohibits certain types of indemnity agreements in construction contracts. Lessard Design, Inc. (Lessard) contracted with… Read more »
06/24/2018
In South Dakota v. Wayfair, Inc., No. 17-494, 2018 WL 3058015 (June 21, 2018), the United States Supreme Court upheld a law allowing the State of South Dakota to collect sales and use tax from out-of-state sellers, even if those sellers do not maintain a physical presence in South Dakota. In its decision, the Supreme Court… Read more »
06/24/2018
The Virginia Freedom of Information Act (FOIA) provides access to various public records, subject to certain exemptions included directly in FOIA or in other statutes, such as the Virginia Public Procurement Act (VPPA). A recent bill amended VPPA §2.2-4342, to prohibit bidders, offerors, or contractors from designating as trade secrets or proprietary information: (1) entire… Read more »
06/22/2018
On April 27, 2018, after a two-day trial, a federal jury found a construction company liable for retaliating against an employee who took Family Medical Leave Act (FMLA) leave. The jury awarded the employee $50,555 in damages. The outcome is a reminder to employers to never entangle employee performance and discipline issues with an employee’s… Read more »
06/18/2018
When you win a judgment, the court may award you money damages, but obtaining the judgment is often less than half the battle. If the party against whom the judgment is entered (sometimes called the “judgment debtor” or just “debtor”) either refuses to comply with the court order or simply cannot afford to pay the… Read more »
06/15/2018
Insurance is essential for all businesses, large and small. Indeed, some types of insurance are required by law, such as workers’ compensation insurance for businesses who have more than two workers. This article will address selected do’s and don’ts for small businesses purchasing property/casualty insurance. Please note that it is not a comprehensive list and… Read more »
06/11/2018
The U.S. Supreme Court issued its opinion in Epic Systems Corp. v. Lewis on May 21, 2018, holding that employers and employees can agree in arbitration agreements that claims must be brought on an individual, rather than class or collective, basis. This decision reaffirms the federal policy favoring arbitration and a long line of cases requiring courts… Read more »
