Year: 2019

U.S. SUPREME COURT RULES THAT TRANSPORTATION EMPLOYER’S ARBITRATION AGREEMENT WITH INDEPENDENT CONTRACTOR IS NOT SUBJECT TO THE FEDERAL ARBITRATION ACT

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03/26/2019Vandeventer Black

Generally, once parties sign a contract with an arbitration provision, disputes arising out of the contract are required to be heard by an objective arbitrator. After Congress passed the Federal Arbitration Act (FAA) in 1925, the long-established federal policy has been to liberally favor arbitration agreements. Prior to the FAA, however, there was no guarantee… Read more »

U.S. Department of Labor Proposes New Salary Threshold

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03/08/2019Bibeau, Anne G.

After much anticipation, the U.S. Department of Labor (DOL) has finally proposed new regulations to increase the salary threshold for the Fair Labor Standards Act (FLSA) “white collar” exemptions. The notice of proposed rulemaking would raise the salary threshold to $679 per week ($35,308 per year). Since 2004, the FLSA salary threshold for white collar… Read more »

Bad Company Corrupts Good Licenses

Vandeventer Black

02/26/2019Moss, Ashley G.

Poor business associations can jeopardize contractors’ and design professionals’ licenses Virginia regulations set forth a long list of “dos and don’ts” for contractors and design professionals.   Most of the prohibitions concern the contractor’s or design professional’s own conduct.  For example, contractors may not practice contracting without a license; they may not provide services using expired… Read more »

Vandeventer Black Announces its 2019 Executive Board

Professional-Iicensing

02/05/2019Casey, Deborah M.

Vandeventer Black LLP is pleased to announce its 2019 Executive Board. Partners Deborah M. Casey and James R. Harvey were re-elected, and partners Edward J. Powers, Mark S. Brennan, Sr., and Michael L. Sterling (Managing Partner) continue to serve as members. “We thank our partners Debbie and Jim for their continued commitment to be part… Read more »

Deborah M. Casey Named as ‘Influential Women of Law’ for 2019

Attorney_Deborah Casey

01/30/2019Casey, Deborah M.

Attorney Deborah M. Casey, a Vandeventer Black AV Preeminent® rated partner and Executive Board member, will receive the Influential Woman of Law for 2019 distinction on February 18, 2019. This recognition is awarded by Virginia Lawyers Weekly as part of the inaugural class of Virginia’s leading women attorney program. “Debbie’s integrity and character are demonstrated in many… Read more »

Vandeventer Black Commercial Real Estate attorneys Named ‘Top Lawyers of Coastal Virginia’

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01/29/2019Ambrosio, Christopher

Commercial Real Estate attorneys from the Norfolk-based business and litigation law firm, Vandeventer Black, were been awarded as Coastal Virginia’s Top Lawyers for 2019 by Coastal Virginia Magazine and CoVa Biz Magazine. “We are proud of our attorneys for receiving this distinction as it is a solely peer-rated nomination given to those lawyers who exemplify… Read more »

Mediation: What Is It And Why Do It?

Vandeventer Black

01/22/2019Lowenstein, Neil S.

Mediation is often confused with arbitration. They have similarities, including that both are overseen by third-party neutrals that do not have financial stakes in the outcomes. The key difference is that while arbitration results in the neutral evaluating the outcome (which typically is binding, but by agreement can be non-binding), while in mediation the third-party… Read more »

Virginia and Fourth Circuit Case Summaries

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01/18/2019Rixey, III, James B.

In PNC Bank N.A. v. Dominion Energy Mgm’t Inc., 2018 U.S. Dist. LEXIS 62577 (E.D. Va. April 12, 2018), the Eastern District of Virginia held that an individual has the opportunity and capacity to read loan documents cannot avoid liability by claiming fraudulent inducement based on oral statements allegedly made by bank representatives different from… Read more »

Patent Trolls – What Businesses Need To Know

Patent

01/17/2019Gallo, Jonathan V.

One day, you receive a letter from a company or law firm accusing your business of patent infringement.  The letter states that in order to avoid a costly lawsuit, you must pay the company a licensing fee.  You ask yourself whether this is some type of scam and you consider simply throwing the letter away… Read more »

Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part Two)

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01/16/2019Vandeventer Black

(PART TWO) This is the second and last of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. As Appointments Clause Challenges Continue to Rise, Should Employers and Insurance Companies be Concerned about Re-litigating the Decisions Where an ALJ has Denied… Read more »