Blog: Opinions & Observations
Choosing a Business Entity in Virginia - May 2016
May 24, 2016
“I want to form a business, what type of entity should I choose?” As a business attorney, this is a question that I frequently run across. The choice of a business entity is one of the first questions that a new start-up should address and is more nuanced that many might think. To answer the question properly involves an analysis of the legal, tax and management objectives of the business owner. An owner looking to set up a real estate holding company...
Read MoreEnvironmental Law: An Oil Spill Could Cost Your Business - March 2016
March 14, 2016
by James T. LangThe owner of each vessel, each shipyard, each port, and each waterfront facility that handles oil is faced with the risk of an oil spill into water. Ignoring the risk is foolhardy. It puts the business in jeopardy, along with the assets and even the personal freedom of the owner. Acknowledging the risk, and managing it, is an important business judgment that weighs the economic cost of the available prevention measures, the extent to which...
Read MoreThe Adam Walsh Act and the Petitioner's Burden to Prove "No Risk of Harm" - March 2016
March 08, 2016
by Anne C. LahrenThe Adam Walsh Act (“AWA”) was enacted “To protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.”The AWA contains significant restrictions on a U.S. citizen or lawful permanent resident’s ability to petition for his or her spouse or fiancé(e) if he or she has been convicted of any specified...
Read MoreThe Importance of Carefully-Worded Job Descriptions - March 2016
March 04, 2016
by Jeffrey D. WilsonWhile employers are not legally required to draft job descriptions for most positions, many do anyway in an effort to define job duties. This week the Fourth Circuit Court of Appeals issued an opinion that, while not groundbreaking, serves as a reminder of how important it is to properly word position descriptions, including those used to advertise job openings.In Stephenson v. Pfizer, Inc., No. 14-2079 (4th Cir. Mar. 2, 2016), the...
Read MoreIs Manifest Disregard of the Law Still a Ground for Vacating Arbitration Awards? - March 2016
March 02, 2016
Eight years ago, the United States Supreme Court, in Hall Street Assocs., LLC v. Mattel, Inc.,[1] had before it the issue of whether or not parties to an arbitration agreement could expand the grounds for vacating an award under §§ 10 and 11 of the Federal Arbitration Act (FAA).[2] In holding that parties to an arbitration agreement cannot by private agreement expand the grounds for the reviewing an arbitration award, the Court also said that the FAA...
Read MoreOil Spills: The Clean Water Act to the Oil Pollution Act of 1990 - February 2016
February 25, 2016
by James T. LangA tugboat overturns in a waterway adjacent to a small shipyard off of the Eastern Branch of the Elizabeth River, near the Campostella Bridge in Norfolk, spilling an estimated 1,000 gallons of diesel fuel into the river. Firefighters who specialize in hazardous substance releases, the U.S. Coast Guard and the Virginia Department of Environmental Quality respond to the scene. The shipyard owner/operator is criticized for his failure to...
Read MoreProtection From Day One: The Importance of Employee Handbooks - February 2016
February 22, 2016
by Jeffrey D. WilsonIn my second year of law school, one of my classmates was hired for a summer position by a prominent law firm. A few days before her new job was to begin, she sheepishly approached me and asked, “What happens when I start my job?” When I asked what she meant, she replied, “On the first day, what will happen when I get to the office? Will I have a desk? Do they have office supplies? Will someone tell me what I am working on?” It was...
Read MoreRecovery of Attorney's Fees and Costs in Virginia Civil Actions - January 2016
January 19, 2016
By Michael E. Ornoff, Esq.Litigants in civil lawsuits frequently ask if they will recover their attorney’s fees and costs if they win a civil suit which they initiate or which has been brought against them. Where they are recoverable, potential liability for such fees and costs can become a consideration as important as the amount of the underlying claim in balancing the risks versus benefits in initiating the action and in assessing whether to settle a...
Read MoreTeaming Agreements in Virginia: Are They Enforceable? - January 2016
January 12, 2016
Teaming agreements are widely used in Virginia and elsewhere by prime contractors and subcontractors who regularly deal with federal, state and local governments for the provision of services, construction and other things to meet the needs of these public bodies. Therefore, it is essential that prime contractors and subcontractors are aware of Virginia legal statutes regarding the enforceability of teaming agreements and understand many of the Virginia...
Read MoreDecember 01, 2015
When dealing with a property settlement agreement between spouses going through a separation or divorce, it is easy to assume, like many contracts, that when the agreement is signed, it’s a “done deal.” However, Virginia courts have addressed numerous instances in which one party has claimed their spouse committed fraud to induce them into signing an agreement or that the agreement was “unconscionable.” This is only one of many reasons we advise our...
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