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 when an individual has the opportunity and capacity to read loan documents, the individual will not be able to establish a defense of fraudulent inducement due to oral statements… 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 »

The Small Business Runway Extension Act Of 2018

Michael L. Sterling 01/04/2019

Under the Small Business Runway Extension Act of 2018, the measure for small business qualification is the average of five years’ gross receipts, instead of the previous average of three years. Many contractors will now retain small business status for a longer period. However, according to the SBA the change is not currently effective. See… Read more »

Who Benefits From Your Design Or Consulting Services Contract?

Andrew Selman 12/21/2018

In initially answering the question of who benefits from your design or consulting services contract, you might conclude that your contract benefits several parties. For example, a contractor “benefits” from the quality designs of the architect’s design consultant in performing its work even though it was not a party to the contract between the architect… Read more »

THE NEW TAX ACT AND MY ESTATE PLANS: NOW WHAT?

Patrick W. Herman 12/18/2018

Great news: the new “Tax Cut and Jobs Act” (“TCJA”), doubles the estate tax exemption amount from $5.49 million per individual (the 2017 exemption amount) to $11,180,000 million. (For convenience, this article will use the $5.6 million projected exemption amount for 2018 before TCJA and $11.2 million).  The new higher number will be adjusted for inflation…. Read more »

Final Crane Operator Certification Requirements

Michael L. Sterling 12/10/2018

On November 9, 2018 OSHA issued a final rule revising the Crane Operator Certification Requirements. The final rule is effective on December 10, 2018, except for certain evaluation and documentation requirements that are effective February 7, 2019. Under the final rule, employers are required to train operators as needed to perform assigned crane activities, evaluate… Read more »

Top 7 Sources Of Uncertainty In Building Design And Construction

George M. Nicholos 12/07/2018

Recently the American Institute of Architects (AIA) and Dodge Data & Analytics and other allied construction industry parties conducted research to identify the top sources of uncertainty in design and construction along with best practices for managing associated risk. And the top (7) are: Owner-driven changes: Instances where the owner’s requirements were not clearly initially… Read more »

Before Entering Into A Contract With An Arbitration Provision, Consider What Time Period The Parties Will Have To Bring Claims

Vania Ratliff 11/23/2018

Statutes of limitations are statutory deadlines for filing legal actions. Limitation periods vary by the type of action. It is important to evaluate these limitation periods because if the deadline is missed, then the claim may be time-barred by the court. Arbitration provisions are increasingly common. Only a few jurisdictions, however, explicitly address whether statute… Read more »

Canada’s New Data Breach Reporting Requirements In Effect As Of November 1, 2018

Jonathan V. Gallo 11/16/2018

Effective November 1, 2018, organizations engaged in commercial activities in certain Canadian provinces and territories  now have additional data breach reporting requirements pursuant to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA1) and the Breach of Security Safeguards Regulations2. While Quebec3, British Columbia4 and Alberta5 previously adopted substantially similar data breach requirements, if personal… Read more »

SBA Rules On SDVOSB Ownership And Control

Gretchen M. Ostroff 10/16/2018

The Department of Veterans Affairs (VA) and the United States Small Business Administration (SBA) each has its own service-disabled veteran-owned small business (SDVOSB) contracting program. Until recently, the VA and SBA programs were subject to different sets of eligibility rules. Effective October 1, 2018, SBA revised its eligibility requirements for the SBA service-disabled veteran-owned small… Read more »

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