Bad Company Corrupts Good Licenses

Ashley G. Moss 02/26/2019

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 »

Trump “Strengthens” Buy-American Act:

Gretchen M. Ostroff 02/25/2019

On January 31, 2019, the President signed another Executive Order which purportedly “strengthen[s] Buy-American principles” for federally-funded infrastructure projects.  This Executive Order was not President Trump’s first effort at creating a preference for American-made goods.  Just four days into office, he signed a Presidential Memorandum aimed at requiring “materials and equipment produced in the United… Read more »

Mediation: What Is It And Why Do It?

Neil S. Lowenstein 01/22/2019

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

James B. Rixey 01/18/2019

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 »

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

Vania Ratliff 01/16/2019

(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 »

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

Vania Ratliff 01/15/2019

(PART ONE) This is the first part 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. Lucia v. SEC On June 21, 2018, the Supreme Court issued Lucia v. SEC, an important case clarifying the definition of “inferior officers” under… Read more »

11th Circuit Permits Termination Of Retiree Obligations In Bankruptcy

Jed Donaldson 01/13/2019

In recent years, a variety of external factors—including, regulatory costs, political headwinds, falling oil prices, and the increased utilization of natural gas—have placed significant stress on domestic coal companies.  Those external factors, in conjunction with significant pension and healthcare liabilities and debt burdens, led to numerous bankruptcy filings within the coal industry.  The Bankruptcy Code… Read more »

Letters Of Intent: Valuable Tools To Facilitate (Not Obfuscate) The Deal

Richard Crouch 01/11/2019

Most sophisticated commercial real estate (“CRE”) transactions, including leases, acquisitions, dispositions, joint ventures, and loans, usually start with a letter of intent (“LOI”).  Depending on the transaction and the parties involved, lawyers may or may not be involved in preparing the LOI.  The LOI is designed to summarize key business terms and is generally non-binding… Read more »

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