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Monthly Archives: May 2009

Edmonds, Creager to serve on VSB Council (access required)

Former Virginia State Bar Executive Director Thomas A. Edmonds will return to the agency as a representative of the Henrico County Judicial Circuit to the VSB Council. Edmonds served for 19 years as executive director, the top administrative officer of ...

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Civil Procedure – Diversity Jurisdiction – Principal Place Of Business – Virginia Contacts (access required)

Although plaintiff company uses subcontracted third parties to perform some business functions outside Virginia, and contends it is a division of a New York-based company, its approximately 70 full-time employees work in Herndon, Va., and the Alexandria U.S. District Court ...

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Contract – Government Contract Bid – Teaming Agreement – Trade Secret (access required)

In this case alleging “corporate espionage,” a government contractor has adequately stated a claim for misappropriation of trade secrets under Virginia law by alleging that a competitor obtained a copy of plaintiff’s confidential “Teaming Agreement” with pricing, strategy and other ...

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Employment Discrimination – Federal Employee – Timely Filing – ‘Final’ EEOC Decision (access required)

The 4th Circuit says a district court erred in dismissing as untimely a federal employee’s disability discrimination complaint, under an interpretation of EEOC regulations that said the 90-day time limit for filing a civil action began running from the conclusion ...

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Criminal – Sentencing – Career Criminal Enhancement – Plain Error (access required)

A district court erred in failing to inform a defendant who pleaded guilty to a firearm charge that his sentence could be enhanced for armed career criminal status, prior to accepting defendant’s guilty plea, but this was not “plain error” ...

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Labor – FLSA – Overtime Pay – Race Track Employees (access required)

Three race track employees who were like “production line” workers in the “manufacture” of live horse races were not “administrative employees” barred from receiving overtime pay under the Fair Labor Standards Act, the 4th Circuit says as it reverses judgment ...

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Obituary (access required)

William B. Moffitt William B. Moffitt, a criminal defense attorney in Alexandria and a former president of the National College of Criminal Defense Lawyers, died April 24 while being treated in a hospital for breathing difficulties. He was 60. Mr. ...

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FBI investigating hacking, ransom of state records (access required)

The FBI is investigating a report that hackers have accessed millions of patient and prescription records in Virginia. The hackers reportedly are seeking a $10 million ransom for return of the records. The alleged security breach was reported on WikiLeaks, ...

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‘Red Flags Rule’ for identity theft delayed again (access required)

The so-called “Red Flags Rule” that would require law offices and other “creditors” to work up plans to prevent identity theft is again being delayed. The Federal Trade Commission, at the behest of the American Bar Association, has delayed enforcement ...

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