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Make Sure You’re Covered: Report All Claims and Potential Claims

Ashley G. Moss
Authored by attorney Ashley Moss Professional liability insurance carriers require their insureds to report claims timely as a condition to coverage.  This is especially important at the time for renewal of insurance coverage, when the carrier will ask about knowledge of any claims or potential claims.  Professionals typically fear that notifying the insurer of a ...
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Fourth Circuit Clarifies Federal False Claims Standards in January 2015 Majority Decision

Neil Lowenstein
Authored by attorney Neil Lowenstein Last month the United States Court of Appeals for the Fourth Circuit (which has Federal Court appellate jurisdiction for Virginia, North Carolina, South Carolina, West Virginia, Maryland and the District of Columbia) clarified a number of aspects of Federal False Claim actions. The case is United States, et al. v ...
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Law Tips: Incorporation by Reference

Dustin M. Paul
Authored by attorney Dustin Paul One of the most dangerous things a business can do is agree to contract terms that it has never read. Hidden in contracts may be a variety of provisions that could become expensive to a project or deal. Contracts may contain a forum selection clause requiring that suit be brought ...
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Are Cyber Attacks an Act of “War” within the Meaning of Liability Policies?

Douglas M. Palais
Authored by attorney Douglas M. Palais This question cannot be answered definitively at this time, but should be considered carefully by all insurance professionals. Typical CGL policies exclude acts of terrorism and acts of war. In the past, it was relatively easy to define "war" as hostile military actions by nation states. But today, hostile ...
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Douglas Palais, Co-Author of Virginia CLE “Insurance Law in Virginia”

Douglas M. Palais
Douglas M. Palais co-authored Chapter 2: Agents and Brokers of the third edition of the Virginia CLE's "Insurance Law in Virginia." For more information on this publication please visit the Virginia CLE bookstore ...
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Statutory Subcontract Limits & Requirements for North Carolina Subcontracts: The Short Summary©

Neil Lowenstein
Authored by attorney Neil Lowenstein1 Below is a short summary of some of the statutory requirements and constraints in the North Carolina code regarding subcontract requirements for North Carolina projects (commercial or public). Pay when paid (NCGS § 22C-2). Performance in accordance with its contract entitles subcontractors to payment (NCGS § 22C-2). Payment by an ...
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North Carolina Mechanic’s Lien Rights: The Short Summary©

Neil Lowenstein
Authored by attorney Neil Lowenstein1 Generally speaking, the North Carolina code structure gives two types of liens: 1) a claim of lien on real property; and 2) a claim of lien on funds. Attorney’s fees can also be discretionarily awarded by the court to the prevailing party (NCGS § 44A-35). Perfecting and enforcing lien claims ...
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North Carolina “Little Miller” Payment Bonds: The Short Summary©

Neil Lowenstein
Authored by attorney Neil Lowenstein1 Like many states, North Carolina has “Little Miller” code provisions intended for the protection of those that furnish labor or materials for North Carolina public projects since those persons cannot claim claims of lien against the real property. It covers the construction, reconstruction, alteration or repair of any public building ...
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Industry Opposes Senator McCain’s Jones Act Repeal Rider to Keystone Pipeline Bill

Daniel R. Weckstein
Authored by attorney Daniel R. Weckstein, Esq. Last week, Senator John McCain (R-Arizona) offered an amendment to the already controversial Keystone Pipeline Bill.  His amendment would repeal the Jones Act and its protections for the American shipbuilding and maritime industry.  Under the Jones Act, vessels used for coastwise trade in the United States must be ...
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What Recourse do you have when a Competitor Protests your Government Contract Reward?

George M. Nicholos
Authored by attorney Anthony J. Mazzeo One of the most frustrating notices you can receive as a Government Contractor can come days after learning your company has won a contract award.  In the days or weeks after an award, it is possible you may receive a “stop work order” and be advised that a competitor ...
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Warranty Provisions Deserve Careful Consideration from Contractors

Vandeventer Black
Authored by attorney Casaundra Maimone It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored to their role on the project.  Nonetheless, attentiveness to warranty terms is especially important due to the ...
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Foreign Owners of U.S. Businesses: Time is Running Out

Geoffrey G. Hemphill
If you are a foreign owner doing business in the U.S. you should review the requirements by the Bureau of Economic Analysis/U.S. Department of Commerce (“BEA”). BEA is collecting data to measure foreign direct investments in the U.S., and they are doing so retroactively back to January 1, 2014. The BE-13 Survey form will have ...
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New Updates to Cobra Notices Include Affordable Care Act Information

James B. Rixey
Authored by attorney Jay Rixey The U.S. Employee Benefits Security Administration recently announced updates to its model notices informing employees of their eligibility to continue health care coverage at the end of their employment through the Consolidated Omnibus Budget Reconciliation Act (COBRA).  The purpose of the changes is to include information related to the Affordable ...
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New OSHA Reporting Requirements Effective January 1, 2015

Megan B. Caramore
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 ...
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Mechanic’s Liens: Part One. Technical Risks

Vandeventer Black
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 ...
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Mechanic’s Liens: Part Two. Practical Risks

Vandeventer Black
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 ...
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Primer on Virginia’s Data Breach Law: Part Two

Vandeventer Black
Recall from Part I of the Primer on Virginia's Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia's data breach law.  You must now determine whom to notify, and this will depend on your relationship to the data.  Individuals or entities that ...
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Primer on Virginia’s Data Breach Law: Part One

Vandeventer Black
Imagine that your laptop is stolen.  Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files.  As you contemplate the recovery of your business data, you should also think about whether ...
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For Subcontractors-Incorporation By Reference: A Contract Clause Worth Negotiating

Vandeventer Black
Authored by attorney Casaundra M. Maimone Subcontractors should review proposed terms and negotiate final terms that are best suited to their role on the project.  One concern is the impact of clauses incorporated by reference that might involve scope of work, quality, payment and disputes. In government contacts many clause must be “flowed down” to ...
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Email is Not Private

Patrick A. Genzler
Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes with certain risks, particularly when ...
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