Blog: Opinions & Observations
Protection 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...
Read MoreDivorce: Are Assets with No Value Subject to Equitable Distribution? - November 2015
November 11, 2015
In Virginia, courts divide marital assets between parties (Code Ann. § 20–107.3, Michie, 2012) after analyzing evidence to determine whether the property is separate, marital or a hybrid of the two. In most cases, this is easily determinable.The court then ascertains the value of the assets, which in many cases can be stipulated by the parties. If not, they are offered into evidence, often resulting in disagreements between the representatives of each...
Read MoreOctober 07, 2015
by James T. LangLiving on the water provides beautiful vistas, opportunities for boating and fishing and other amenities, all of which come with a (sometimes hidden) cost because the waterfront is subject to a complicated web of environmental laws and regulations. Among these, the Chesapeake Bay Preservation Act (found at Virginia code §§ 62.1-44.15:67 to 62.1-44.15:79) is unique in that it is a creature of local government, with minimal state oversight,...
Read MoreHow Citizens' Environmental Lawsuits Can Stop Pollution - September 2015
September 24, 2015
by James T. LangThe U.S. Environmental Protection Agency (“EPA”) and the Virginia Department of Environmental Quality (“DEQ”) have primary responsibility for enforcing the environmental laws and regulations in the Commonwealth of Virginia. There are times, however, when the EPA or the DEQ are unwilling or unable to take action against a polluter who is contaminating water, air or land in violation of environmental law. Sometimes the government fails to...
Read MoreEminent Domain: From Biblical Times to the Present - September 2015
September 22, 2015
by D. Rossen S. GreeneI: A Brief History of Eminent Domain:A French jurist of the early 19th century, Merlin de Douai, claimed that the earliest known reference to the use of eminent domain is in the Old Testament in the Book of Kings, which describes the acquisition of Naboth’s vineyard by King Ahab: “And Ahab spake unto Naboth, saying, give me thy vineyard, that I may have it for a garden of herbs, because it is near unto my house: and I will give thee...
Read MoreSeptember 15, 2015
by James T. LangWaterfront property owners in Hampton Roads are privileged to enjoy the ambiance and a fantastic view, in addition to a highly valuable set of riparian property rights.[1] These benefits however come at a cost. Waterfront owners must be prepared to carry the expense of operating their properties in compliance with a multi-faceted and complicated web of federal, state and local legal environmental requirements designed for and specifically...
Read MoreThe Department of Labor’s Proposed Overtime Changes - August 2015
August 04, 2015
by Jeffrey D. WilsonMany employers rightfully view the overtime provisions of the Fair Labor Standards Act (“FLSA”) as a minefield, and it is one that may soon be even more dangerous. The FLSA requires employers to pay their employees one-and-a-half times their regular pay rate for any hours worked in excess of 40 a week. However, Sections 13(a)(1) and (17) provide exceptions for bona fide executive, administrative, professional, outside sales, and...
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