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Author Archives: Deborah Elkins

Choice-of-Law Clause Covers Contract & Tort (access required)

In plaintiff medical diagnostics company’s suit against a Virginia company that manages intellectual property and monitors and renews clients’ patents registered in foreign countries, the Alexandria U.S. District Court says the parties’ choice-of law provision applies Virginia law to plaintiff’s ...

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Pre-departure Sentencing Guideline Range Controls (access required)

Joining all other federal appeals courts to consider this issue, the 4th Circuit holds that U.S. Sentencing Guideline Amendment 759 requires a district court at resentencing under Amendment 782 to calculate the “applicable guideline range” without applying any departures or ...

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Court Could Not Hear FINRA Disciplinary Challenge (access required)

A district court did not err in dismissing for lack of subject matter jurisdiction plaintiff financial advisors’ challenge to an ongoing disciplinary proceeding before the Financial Industry Regulatory Authority Inc., for selling unregistered securities in violation of the Securities Act ...

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Door may be closing on fee issue (access required)

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When filing a petition to collect costs from your opponent in a Virginia federal court, it may be futile to ask for the money the client fronted for a private process server. Courts in the Western District’s several divisions may ...

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No job bias claim against foreign agency (access required)

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A U.S. citizen hired by a foreign government’s cultural agency did not have protection from alleged sexual harassment, despite references to U.S. employment laws in his job offer and the agency’s personnel guidelines, an Alexandria federal court has ruled. Foreign ...

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The Break-Up, Part Four (access required)

A marriage that never was will come up for review in the Supreme Court of Virginia later this year. The court has decided to hear Deborah MacDougall’s appeal of a lower court decision that her marriage to Richard Levick, ceremonially ...

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