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Virginia's New Data Privacy Law

Virginia’s New Data Privacy Law

This vlog discusses the Consumer Data Protection Act, Virginia’s New Data Privacy Law, entity exclusions, businesses' responsibilities, rights of consumers, and enforcement ...
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Spring Cleaning Part 2 – Legal Considerations for Business

Spring Cleaning Part 2 – Legal Considerations for Business

Ah yes, hope is in the air as we turn the corner on winter and approach spring.  This year more than most, hope is riding on a wave of vaccinations that promises to break the grip of uncertainty that COVID has had on our daily lives.  Businesses in particular, many struggling to simply stay alive, are eagerly welcoming a potential wellspring of activity fueled by ...
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East Meets West: Virginia Follows California's Example with Comprehensive Consumer Data Protection Legislation

East Meets West: Virginia Follows California’s Example with Comprehensive Consumer Data Protection Legislation

Article published in Virginia Lawyer | April 2021 | VOL. 69 | The Construction Law and Public Contracts Issue | Page 45 ...
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What’s Old is New Again – DOJ Returns to Pre-Trump Administration Environmental Policies

What’s Old is New Again – DOJ Returns to Pre-Trump Administration Environmental Policies

On January 20, 2021, President Biden issued Executive Order (“EO”) 13,990, an expansive directive which resets the Federal Government’s vision for implementing nearly the entire gamut of environmental programs, including the Government’s approach to the incorporation of science in decision-making; public health; air, water, and chemical regulation; enforcement; environmental justice; climate change; and natural resource protection.  Of immediate consequence, section 2 of the EO requires ...
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DEQ Releases Draft Climate Change Chesapeake Bay Preservation Area Management Regulations

DEQ Releases Draft Climate Change Chesapeake Bay Preservation Area Management Regulations

On January 21, 2021, the State Water Control Board (“Board”) published draft amendments to the Chesapeake Bay Preservation Area Designation and Management Regulations that would require localities to incorporate coastal resilience and climate change adaptation into local land use ordinances.  This draft regulation implements amendments to the Chesapeake Bay Preservation Act (“CBPA”) passed during the 2020 General Assembly which requires local governments add consideration of ...
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Virginia DEQ Amends Construction General Permit to Include Disposal Disclosure Requirements

Virginia DEQ Amends Construction General Permit to Include Disposal Disclosure Requirements

Contractors that obtain coverage under the Virginia General Permit for Discharges of Stormwater from Construction Activities (“Construction General Permit” or “Permit”) will soon need to disclose information regarding the disposal of excavated material from project sites. The Construction General Permit regulation, 9 VAC 25-880, governs stormwater discharges from regulated construction activities. Contractors seeking coverage under the Construction General Permit must submit a registration statement that ...
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Global Insurer Reports Ransomware Attacks Increased in Severity and Cost in 2020

Global Insurer Reports Ransomware Attacks Increased in Severity and Cost in 2020

According to a recent report by global insurer Beazley based on its customer data, in the first half of 2020, total costs of ransom payments doubled, along with the number of ransom demands paid compared with the same time period in 2019. Ransomware is a form of malicious software (malware) that blocks user access to a device or files, usually by encryption, until the victim ...
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EPA Publishes Proposed Rule Establishing National Standards for Vessel Discharges

EPA Publishes Proposed Rule Establishing National Standards for Vessel Discharges

On October 26, 2020, EPA published its proposed rule under the Vessel Incidental Discharge Act (“VIDA”) which would establish national standards of performance for discharges incidental to the normal operation of vessels. Background EPA regulates vessel discharges pursuant to a Vessel General Permit (“VGP”) that was first issued in 2008 and reissued in 2013.  Vessel owners, however, must comply with different discharge standards under federal, ...
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Non-EDVA Opinion of the Month:  Candy Sticks and the 2nd Circuit

Non-EDVA Opinion of the Month: Candy Sticks and the 2nd Circuit

Intellectual Property law—be it patent, trademark, or trade dress—can sometimes center a huge financial dispute on a remarkably simple issue.  The Third Circuit reinforced that idea with its recent decision in Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. At issue was whether the Defendant could keep selling "thin, stick-shaped cookies. . . partly coated with chocolate."  The candy you may know as a pocky ...
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BOOOOO!

BOOOOO!

As a special Halloween Treat, we look at a recent Motion to Dismiss ruling by Judge Doumar. The facts are colorful.  An unidentified SeaWorld employee, dressed as a clown, was working at the Howl-O-Scream event at Busch Gardens in 2018.  He intentionally startled Plaintiff while she was using a set of lockers to store her belongings.  The clown is described as “a fully costumed, make-up ...
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OYSTER FIGHT!

OYSTER FIGHT!

I spend a lot of time handling cases on or near the waterfront.  One recent opinion caught my eye.  Judge Jackson ruled on a Motion to Dismiss concerning an oyster farm and distribution business.  The individual defendants were the founders of the corporate defendant—Wharf Oyster Company, LLC.  The Plaintiff was an investor.  After a period of investment in the domestic business, Plaintiff was solicited to ...
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Let Your Fingers Fly—At Least in North Carolina

Let Your Fingers Fly—At Least in North Carolina

As we discussed last summer, the North Carolina Court of Appeals issued a surprising decision that there was probable cause to pull over a driver in North Carolina after he makes “an up-and-down pumping motion with his middle finger extended.”  We thought the decision was wrong, and we praised the dissent by Judge Arrowood. Justice has prevailed. The North Carolina Supreme Court overturned the decision ...
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The Power of the Court Compels You: The Frequency and Result of Motions to Compel in the Norfolk and Newport News Divisions of the Eastern District of Virginia

The Power of the Court Compels You: The Frequency and Result of Motions to Compel in the Norfolk and Newport News Divisions of the Eastern District of Virginia

[Reprinted from “Fed Tide”—newsletter of the Hampton Roads Chapter of the Federal Bar Association.  If you are not a member, and you practice in Hampton Roads, you should be!] Few litigators like discovery.  It can be extensive, expensive, and irritating.  It can also lead to a motion to compel and the unpleasantries that often surround those motions.  In general, Fed. R. of Civ. P. Rule ...
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Welcome Back to Hampton Roads Judge Roderick Young

Welcome Back to Hampton Roads Judge Roderick Young

On a vote of 93-2, the Senate confirmed the EDVA’s newest judge.  The Honorable Roderick C. Young will now preside over cases in Hampton Roads.  Who are the two senate holdouts?  Chuck Schumer of New York and Richard Blumenthal of Connecticut. In contrast, the two Virginia Senators said in a press statement that “Roderick Young will be a fair, even-minded judge who is already well-respected ...
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EDVA Norfolk is BACK!

EDVA Norfolk is BACK!

The world has changed.  One day you are taking your boy to Disney, he is hugging every character in sight, and life feels carefree.  Two weeks later, you worry about going to the grocery store, and your son doesn’t even get to hug his grandparents while everything is sorted out. But we are six months later.  The Courts have reopened!  There are at least a ...
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Anchors Aweigh: Damage to Submarine Cable Caused by Barge Anchor Results in Significant Oil Pollution Act Liability

Anchors Aweigh: Damage to Submarine Cable Caused by Barge Anchor Results in Significant Oil Pollution Act Liability

In a case of first impression, the Court of Appeals for the Second Circuit ruled that submarine cables containing dielectric fluids and other oils are “facilities” under the Oil Pollution Act.  Consequently, vessel operators that damage submarine cables could face significant liability for any resulting releases of oil. In Power Authority of the State of New York v. M/V Ellen S. Bouchard, et. al, a ...
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EPA RAMPS UP ENFORCEMENT AGAINST ENGINE EMISSIONS TAMPERING

EPA RAMPS UP ENFORCEMENT AGAINST ENGINE EMISSIONS TAMPERING

Companies that manufacture, install, or otherwise defeat a vehicle’s emissions system risk EPA enforcement.  This is particularly true for activities designed to defeat emissions systems of diesel engines, which has drawn increased EPA scrutiny. A number of devices or services are available which are advertised to bypass or eliminate the effectiveness of vehicle emissions systems.  These devices or services are often targeted to diesel engines ...
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Protecting Your Organization: Eastern District of Virginia Rules Cybersecurity Incident Report Not Privileged Work Product

On May 26, 2020, in In re Capital One Consumer Data Security Breach Litigation, MDL 1:19md2915 (E.D. Va.) the Federal District Court for the Eastern District of Virginia (Alexandria Division) (Anderson, J.) held that a forensic investigation report conducted by a third-party investigator under the direction of outside counsel on behalf of Capital One in response to a data breach was not entitled to protection ...
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Virginia Prioritizes “Living Shorelines” for Shoreline Development and Management

Virginia Prioritizes “Living Shorelines” for Shoreline Development and Management

Development projects that affect shorelines in Virginia will soon need to plan for the use of living shorelines as the preferred method for shoreline management in their development plans.  During the 2020 Legislative Session, the Virginia General Assembly amended Title 28.2 of the Virginia Code to strengthen Virginia Marine Resources Commission’s (VMRC) mandate to protect sensitive shorelines and wetlands.  Where the law previously encouraged the ...
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EPA Finalizes Amendments to Clean Water Act 401 Certification Process

EPA Finalizes Amendments to Clean Water Act 401 Certification Process

On June 1, 2020, EPA finalized amendments to the Clean Water Act section 401 certification process.  The amendments update the substantive and procedural requirements for state water quality certifications.  The rule is almost certainly going to be challenged in court by states and special interest groups.  If it survives, however, the new rule could provide companies with greater planning certainty by reducing project permitting delays, ...
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