Request Appointment
Request an Appointment Client Login SEARCH

We care about the safety and wellbeing of our employees, clients, friends and communities as we continue to serve the needs of our clients.  Our offices remain open, although we are using alternative means of communication to replace in-person meetings. For more information on our firm’s operations and plan in response to COVID-19, click here or call us at 757-490-3000. Click here for helpful COVID-19 articles and resources.

Blog: Opinions & Observations

Filtering posts by category: Other Topics
Remove filter

Employers Can Seek Termination of Workers’ Compensation Indemnity Benefits Through Employer’s Application for Hearing

July 13, 2020

An Employer's Application for Hearing allows an employer to suspend or terminate workers’ compensation benefits of an injured employee who is under an open indemnity award.  There are certain instances when an employer can request that workers’ compensation benefits be stopped.   An employer may choose to file an Employer’s Application for Hearing and request that the injured worker’s compensation benefits be terminated if:  the worker refuses vocational rehabilitation...

Read More

New Virginia Employment Laws Effective July 1, 2020

June 30, 2020

Virginia has traditionally been viewed as an employer-friendly state.  Part of that reputation arises from the fact that it had relatively few wage payment regulations and that state courts were closed to most employment-related claims.  Instead, employees had to bring their discrimination claims in federal court, where there were statutory caps to damages, and they had to rely on the Department of Labor and Industry to pursue any wage payment claims.  Not any longer. This...

Read More

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 Marijuana Penalties for offenses involving personal possession of up to one ounce of marijuana are now a civil violation and no longer a...

Read More

Evaluating 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 quickly, it became...

Read More

Why 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 course, being taxes.) ...

Read More

How 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 will allow access...

Read More

An 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 More

Marketing 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 More

How 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 More

Highlights 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 More