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Articles

Easements by Estoppel in Virginia

08/09/2018 by Authored by Law Clerk Daniel Stephens, with assistance of Attorney James R. Harvey

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 »

Potential Contract Adjustments Based on Tariffs

07/23/2018 by Michael L. Sterling

This article was authored by Michael L. Sterling, the Managing Partner of the law firm Vandeventer Black LLP, www.vanblacklaw.com, with the assistance of Daniel Salmon, a student at the Washington University School of Law. The Federal Acquisition Regulations (FAR) may provide potential avenues of relief to government prime contractors, subcontractors and vendors adversely impacted by the steel… Read more »

Another Blow To Construction Indemnity Agreements In Virginia

06/25/2018 by Gretchen M. Ostroff

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 »

US Supreme Court Overturns Quill

06/24/2018 by James B. Rixey

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 »

Trade Secrets And Proprietary Information – Recent Changes To Virginia Law

06/24/2018 by Michael L. Sterling

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 »

Federal Jury Enters $50,000 Judgment Against Construction Company For FMLA Retaliation

06/22/2018 by Michael D. Pierce

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 »

“I Won The Judgment, Now What?”

06/18/2018 by Richard J. Crouch

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 »

A Few Do’s and Don’ts of Purchasing Small Business Insurance

06/15/2018 by Douglas M. Palais

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 »