Blog: Opinions & Observations
New Laws in Virginia Effective July 1, 2020 and Noteworthy Actions by the Virginia Legislature
June 29, 2020
Many of the new laws passed in the 2020 legislative session reflect concerns that dominated the news last year, such as legalizing marijuana, mass shootings and gun control. The 2021 session will, no doubt, have bills introduced reflecting current concerns raised by the Black Lives Matter movement and COVID-19.Decriminalization of MarijuanaPenalties for offenses involving personal possession of up to one ounce of marijuana are now a civil violation and no...
Read MoreEvaluating Recent Legislative Efforts to Reform Oyster Leasing in Virginia
April 23, 2020
In January of 2016, the Virginia Marine Resources Commission, concerned about reports of conflicts in the Lynnhaven River system between oyster farmers harvesting from leased grounds and upland property owners, boaters, and other users and about proposed legislation that would have instituted a moratorium on new leases within that river system, formed a working group to review the matter and make recommendations about how to address the conflicts. Very...
Read MoreWhy Everyone Needs an Estate Plan and Why It Probably Should Involve a Trust
April 21, 2020
We all know that you can’t take it with you, but too many people have not taken the time to properly consider an appropriate estate plan. Many people are like Fred and Sally Smith. Fred and Sally have been delaying getting an estate plan. They don’t like thinking about dying and what the world will be like when they are no longer in it. Unfortunately, death, as Benjamin Franklin pointed out, is one of the two great certainties in life (the other, of...
Read MoreHow to Build a Pier in Virginia: Five Things Waterfront Property Owners Need to Know
April 01, 2020
Why Build a Pier?With spring in the air and summer fast approaching, many waterfront property owners have contacted our waterfront law team asking about the legal hurdles involved in constructing or expanding a pier or dock in Virginia. Having a pier attached to your waterfront property is highly desirable. Not only does it increase the property value of your home, but it also allows you to make the most of your waterfront location. A high-quality pier...
Read MoreAn Overview of Virginia’s Fraudulent Conveyance Statutes and Case Law
March 19, 2020
A fraudulent conveyance is one undertaken “with intent to delay, hinder, or defraud creditors”. Va. Code § 55.1-400. Case law demonstrates that a court looks at the enumerated badges of fraud similar to a totality of circumstances analysis. In general, there are many facts and scenarios which the law interprets to be signs of fraud, and from which fraudulent intent may be inferred.I. Applicable Virginia LawUnder Virginia law, a fraudulent conveyance...
Read MoreMarketing and Job Search Requirements after a Workplace Injury in Virginia
February 07, 2020
After an injured employee suffers a workplace accident that is deemed compensable under the Virginia Workers’ Compensation Act, the employer is required to provide the injured employee with medical treatment for those compensable injuries. The employer must pay for the medical treatment that the injured employee receives for the injury. As part of this provided medical treatment, the injured employee’s treating physician will continually assess and...
Read MoreHow do I Recover Money Damages If I’ve Been Injured in An Act of International Terrorism?
September 16, 2019
As tensions between the United States and Iran continue to escalate and ISIS seems to be once again on the rise in Afghanistan, several people have asked me what legal remedies exist for victims of international terrorism and/or their families. Under current law there are three possible avenues to recover money damages if you or your loved ones have been injured or killed by an act of international terror.Bring suit against a “state sponsor of terror”...
Read MoreHighlights of Bills and New Laws in Virginia for 2019
June 26, 2019
Each January the Virginia General Assembly convenes to consider passing new laws and repealing old ones. Delegates and State Senators meet for six or eight weeks in alternating years with the extra two weeks in years when a budget is voted on. We had a 47-day session this year with sine die (closing day) on February 24. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. More than 3,000 bills...
Read MoreBeyond the Non-Disclosure Agreement: How to Protect Your Company’s Confidential Information
June 18, 2019
My colleague Brent Haden recently posted an insightful article about non-competition covenants. As he noted, such covenants, when properly drafted, can be enforceable. However, many courts subject non-competes to intense scrutiny because of their effect on competition and limitation on the ability of workers to obtain employment. Some states, such as California and Washington, have even gone as far as to refuse to enforce any non-competition agreement....
Read MoreNon-Compete Agreements in VA – What Is Enforceable and What You Should Consider
May 06, 2019
As our society and workforce has become more mobile, the presence of non-competition covenants has increased. What does that mean in today’s workforce for employees and employers? In Virginia, covenants not to compete are disfavored and will only be enforced if specific requirements are met. To be enforceable in Virginia, a non-competition covenant must (i) be narrowly drawn to protect a legitimate business interest, (ii) not be unduly burdensome on...
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