Blog: Opinions & Observations
Coping with Spousal or Child Support Issues During COVID-19
March 26, 2020
We are living through unprecedented times. Many states have issued orders to “shelter in place”. Our Governor has closed all non-essential businesses. One significant effect of these conditions is the loss of diminution of employment. As a result, people who are subject to court orders, may find themselves unable to pay their court ordered support be it spousal or child support. The first thing to remember is that support is pursuant to a court order. An order remains...
Read MoreWhat Employers Need to Know about the Families First Coronavirus Response Act
March 26, 2020
Last week, the President signed into law the Families First Coronavirus Response Act (“FFCRA”), the first of what promises to be a number of legislative enactments addressing the current pandemic. The FFCRA contains three specific laws that small to mid-sized employers should review: Public Health Emergency Leave, the Emergency Paid Sick Leave Act, and the Tax Credits for Paid Sick and Paid Family and Medical Leave. According to guidance published by the Department of...
Read MoreCommunicating in a COVID-19 Crisis – Quick Tips for Businesses
March 20, 2020
We are operating in a new world. It is in this new world that a business’ communications with its employees, customers, and investors are more important than ever. Indeed, businesses of all shapes and sizes are communicating their response to the global epidemic. So, how can you effectively communicate your COVID-19 response? Here are a few tips: Know your message and stick to it. As COVID-19 is an evolving situation, your messages and communications may involve...
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 Law Under Virginia law, a fraudulent conveyance has no specific...
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 determine the injured...
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” nation under 28...
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 were introduced. Some...
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. As a result, many...
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 the employee’s ability...
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What to Do if You Have Been Charged with a Tidal Wetlands Violation
April 11, 2019
In Virginia, wetlands are protected by law. The Virginia Marine Resources Commission (VMRC), working in in close coordination with the Department of Environmental Quality (DEQ) and local Wetlands Boards, have the responsibility to preserve and prevent the destruction of tidal wetlands while also accommodating necessary economic development in a manner consistent with wetlands preservation. Va. Code §28.2-1301(B). Construction activities in tidal wetlands areas are highly...
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