Five Steps to Greater Cybersecurity Health for Community Associations

08/14/2018Gallo, Jonathan V.

Media reports concerning cyber attacks continue to increase.  Over the past few years, some of the largest and well-known companies have been affected by data breaches. These companies have experienced millions of dollars in losses as a result.  Even a small data breach impacting only a few thousand records can expose a business to significant… Read more »

2018 Legislative Changes That Affect Community Associations

Community Association Law

08/14/2018Casey, Deborah M.

Each year an increasing number of bills affecting community associations are introduced in the Virginia General Assembly.  2018 may have been one for the record books. CAI’s Virginia Legislative Action Committee (VALAC) reviewed more than 100 bills that directly or indirectly affect Virginia community associations. Fortunately, there are only a few that passed.  The bills that… Read more »

Expert Witnesses in Virginia

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08/13/2018Walker, James W.

Use of expert witnesses in both the preparation and trial phases of civil litigation is nearly unavoidable.  An internet search will yield “experts” ready to testify as to the minutiae of pretty much any topic imaginable:  brain surgery, night club security, or even fish farming. Before hiring an expert, a savvy litigant considers both whether… Read more »

Beware Of Usury Laws When Receiving A Loan As A Business

08/10/2018Ambrosio, Christopher

*Junior Ndlovu is a summer extern with Vandeventer Black. He is a second-year law student at the Washington & Lee School of Law. “‘Usury’ is generally defined as a premium or compensation paid or stipulated to be paid for the use of money borrowed at a greater rate of interest than is allowed by law.”i… Read more »

Federal Law Considerations For Data Custodians Operating Within Ftca § 5

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08/10/2018Gallo, Jonathan V.

The last article discussed the consent orders that typically result from Federal Trade Commission Act (“FTCA”) § 5 enforcement actions. This article, the final in a four-article series on data custodianship, discusses some sector-specific laws and provides links for further research.  While these laws are more industry-specific than FTCA § 5, these laws provide the… Read more »

Ftc Consent Orders Pursuant To Ftca § 5

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08/10/2018Gallo, Jonathan V.

In the last article, we discussed FTCA § 5 enforcement actions. This article describes the consent orders that often result from FTC complaints alleging unfair or deceptive practices or other unlawful acts in the realm of privacy and data protection.  While consent orders do not require an admission of guilt, they generally prohibit the conduct… Read more »

Ftca § 5 And Unfair Or Deceptive Trade Practices

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08/10/2018Gallo, Jonathan V.

In the last article, we outlined, generally, privacy and data protection considerations for compliance with applicable laws.  This article discusses the Federal Trade Commission Act (“FTCA”) § 5, which empowers the Federal Trade Commission (“FTC”) to pursue enforcement actions against companies that engage in “unfair” acts that are (1) likely to cause substantial injury to… Read more »

Data Custodianship: My Website has 10,000 Users, Now What?

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08/10/2018Gallo, Jonathan V.

This article is the first in a four-article series discussing how certain federal laws impact data custodians, those who collect, store, process, disclose, and otherwise use consumer data. The widespread necessity for businesses to establish an internet presence has transformed many conventional businesses into data custodians.  While some businesses embrace this new-found role and attempt… Read more »

Easements by Estoppel in Virginia

08/09/2018Vandeventer Black

The theory of easements by estoppel may be an invaluable tool in a property dispute. Each of the many other theories available to a land owner to establish an easement comes with its own challenges. Express easements must be found in the deed or chain of title; easements by prescription require over twenty years of… Read more »