Litigation

11 tips to survive your freshman year as an associate

11 tips to survive your freshman year as an associate

Article published by the ABA Journal on April 8, 2021 ...
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Extraordinary Times Call for Extraordinary Force Majeure Clauses

Extraordinary Times Call for Extraordinary Force Majeure Clauses

Article published in Virginia Lawyer | April 2021 | VOL. 69 | The Construction Law and Public Contracts Issue | Page 14-17 ...
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“I Demand a Jury”: No Turning Back

“I Demand a Jury”: No Turning Back

At the beginning of most cases filed in state court, litigants must make up their mind whether they want to exercise their right to a jury trial.  This decision requires consideration of multiple factors such as: What kind of case is it?  Are the issues complex?  Is a jury likely to find one side or another sympathetic?  What many clients do not know, and may ...
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Understanding Spoliation and an Attorney's Role in Preventing the Destruction of Evidence

Understanding Spoliation and an Attorney’s Role in Preventing the Destruction of Evidence

  Click image for PDF version *This article originally appeared in the Journal of Civil Litigation, Vol. 28, No. 3 (Fall 2016), a publication of the Virginia Association of Defense Attorneys. It appears here with permission. [DISPLAY_ULTIMATE_PLUS] ...
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Federal Aviation Administration Finalizes Rules For Commercial Use Of Drones

Federal Aviation Administration Finalizes Rules For Commercial Use Of Drones

[DISPLAY_ULTIMATE_PLUS] LAW TIPS Authored by Attorney Jay Rixey, jrixey@vanblacklaw.com, 757-446-8600 The Federal Aviation Administration (FAA) recently finalized the first operational rules, to be effective on August 29, 2016, governing the routine commercial use of small unmanned aircraft systems (UAS), also known as drones. The new regulations – codified at Part 107 of the Federal Aviation Regulations – are the first major step toward integrating the ...
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Virginia Supreme Court Confirms  Employee Firings on the Spot

Virginia Supreme Court Confirms Employee Firings on the Spot

Law Tips Authored by Neil S. Lowenstein In a recent opinion involving a fired realtor, the Virginia Supreme Court confirmed that at-will employees can be fired on the spot, without any prior notice to the employee. The decision was unanimous, and noted that while the firing notice “must be reasonable,” advance notice was not required because, among other things, that would be contrary to the ...
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Keep It In The Bathroom If You Can: Effects And Implications Of North Carolina House Bill 2

Keep It In The Bathroom If You Can: Effects And Implications Of North Carolina House Bill 2

Authored by Ashley P. Holmes On March 23, 2016, the North Carolina General Assembly passed House Bill 2 (“HB2”), a bill prohibiting and limiting protections for transgender people in a variety of settings. While it is clear that the now infamous “Bathroom Bill” has become a lightning rod issue in an election year, what is less clear is how, exactly, HB2 will intersect with existing ...
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Drone Law

Drone Law

LAW TIPS Authored by Attorneys Michael Sterling (msterling@vanblacklaw.com) and Spencer Guld (sguld@vanblacklaw.com.) There is a strong trend toward the use of unmanned aerial aircrafts (drones) in commercial industries, such as the construction, agricultural, and insurance sectors.  In a Goldman Sachs drone use forecast released in March 2016, estimated global spending on drones over the next 5 years is predicted to exceed 100 billion.  At the ...
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Drone Law

Drone Law

LAW TIPS Authored by Attorneys Michael Sterling (msterling@vanblacklaw.com) and Spencer Guld (sguld@vanblacklaw.com.) There is a strong trend toward the use of unmanned aerial aircrafts (drones) in commercial industries, such as the construction, agricultural, and insurance sectors.  In a Goldman Sachs drone use forecast released in March 2016, estimated global spending on drones over the next 5 years is predicted to exceed 100 billion.  At the ...
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Virginia Becomes First State to Formally Regulate Fantasy Sports

Virginia Becomes First State to Formally Regulate Fantasy Sports

Authored by Jay Rixey On March 7, 2016, Governor McAuliffe signed into law the Fantasy Contests Act (the “Act”), making Virginia the first state to formally regulate daily fantasy sports websites such as DraftKings and FanDuel. The Act distinguishes these daily fantasy sports websites from illegal gambling sites, and outlines how they may lawfully operate within Virginia borders. The Act defines a “fantasy contest” to ...
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False Claims Act: The Fourth Circuit's Triple Canopy Decision

False Claims Act: The Fourth Circuit’s Triple Canopy Decision

Authored by attorney Megan Caramore The False Claims Act, 31 U.S.C. §§3729-3733, also known as the “Lincoln Law,” is a federal law that imposes liability on individuals and companies (often federal contractors) who defraud the government.  The Act prohibits contractors from presenting the government with a false or fraudulent claim for payment. The Fourth Circuit recently examined the issue of what constitutes a false or ...
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New OSHA Reporting Requirements Effective January 1, 2015

New OSHA Reporting Requirements Effective January 1, 2015

Authored by attorney Megan Caramore On September 11, 2014, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a final rule with respect to new reporting requirements for fatalities and severe injuries.  Previously, the rule required only that employers report fatalities or hospitalizations of three or more workers.  The new rule, which takes effect on January 1, 2015, requires that employers report any ...
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Mechanic's Liens: Part One. Technical Risks

Mechanic’s Liens: Part One. Technical Risks

Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial interpretations of the statutory provisions have made the requirements much more complex than that; and any disregard of the technicalities can defeat payment. One example is ...
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Mechanic's Liens: Part Two. Practical Risks

Mechanic’s Liens: Part Two. Practical Risks

A mechanic’s lien is a powerful tool to secure payment for construction work.  As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien.  Heads Up Sprinkler lost its mechanic’s lien after five years because it failed to include a statement that it “intended to claim the benefit of the lien.”  Unfortunately, Heads Up also faced practical issues trying to ...
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Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors

Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors

Authored by attorney Megan B. Caramore The Miller Act requires that a contractor who is awarded a government construction contract worth $100,000 or more must furnish a payment bond. It also limits the potential claimants on the bond to persons who provide labor and materials directly to the prime contractor or persons with direct contractual relationship with a first-tiered subcontractor, but no relationship with the ...
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OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton In March, OSHA issued a memorandum that discussed acceptable and unacceptable safety incentive programs. OSHA affirms that employers are not allowed to intentionally or unintentionally provide incentives to employees to not report injuries. OSHA identifies positive incentive programs that are allowed. These positive incentive programs include: giving t-shirts to employees, offering “modest” rewards for suggesting ...
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