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Bankruptcies rising, but safeguards exist for employee benefits
Inflation, a tight labor market, high interest rates, ongoing supply chain issues and changing consumer trends have been identified as factors contributing to a significant uptick in corporate bankruptcies filed in 2023.
Green in a gray area: Lessons for Virginia cannabis ‘gifting’ businesses
The cannabis space is young in Virginia, but valuable lessons from the past could provide an edge to those paying close attention.
Op-Ed: There must be no ‘commending’ wayward judges
As a criminal defense attorney in Fairfax County, I regularly appeared before substitute judges Michael Cantrell, Mitchell Mutnick and Richard “Butch” Horan while they were on the bench. What I saw in their courtrooms raised questions with me, and I embarked on a journey, holding these judges accountable for their disturbing courtroom antics.
It’s important to know when not to use email
“When not to use email?” is a relatively recent ethical inquiry, barely 20 years old. Do you remember the practice of law before email? Back then, the only ethics issue was whether information about a client’s matter could EVER be sent by unencrypted e-mail without violating the ethics rules.
Dealing with the difficult client
One source of legal malpractice claims comes from clients who are very demanding or very difficult. It is important for a lawyer to recognize early the client who is going to be very demanding and difficult to deal with, no matter how hard the lawyer works on the case.
Hackers leveraging AI: vulnerability for law firms
Hackers are upping their game when it comes to cybersecurity, going beyond email tactics. No longer are the attacks confined to email account takeover, ransomware threats, or extra sneaky attacks gaining access via trusted third parties such as title companies and payroll vendors.
Reasonable suspicion? Addressing growing employee substance abuse trends
Both anecdotal and statistical evidence suggest that remote and hybrid work have given rise to increasing use and abuse of drugs and alcohol while on the job — but out of view of co-workers and management.
End-of-term Supreme Court cases include new legal term, car metaphors, pictures
The Commerce Clause is right there in the U.S. Constitution, authorizing Congress “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The dormant Commerce Clause does not appear in the Constitution but is implied. And now Justice Neil M. Gorsuch has devised the phrase “the (wakeful) Commerce Clause,” by which he means — the Commerce Clau[...]
Mandatory pre-dispute arbitration: Have its best days passed?
Historically, courts were hostile to pre-dispute arbitration agreements. To address this hostility, Congress enacted the Federal Arbitration Act, 9. U. S. C. §1, et. seq., or FAA, that placed arbitration agreements on the same footing as other contracts. Virginia has its own arbitration act. (See, Va. Code Ann. §§ 8.01-577, et. seq.)
Running the numbers: structuring a commercial real estate investment
As a commercial real estate lawyer, I understand that my clients often rely on their financial analysts and their projections, forecasts and assumptions to determine whether to invest in a real estate venture. Whether a lawyer or a nonlawyer, it is helpful to understand what real estate investors may look at when evaluating and structuring potential investments and correlating strategies.
Supreme Court rejects effort to narrow scope of False Claims Act liability
On June 1, 2023, the Supreme Court issued a unanimous decision in United States ex rel. Schutte v. SuperValu Inc., rejecting efforts to redefine the knowledge prong of the False Claims Act to disregard a defendant’s subjective knowledge or belief.
To restore or not to restore: Appeals court addresses law on firearm right restoration for persons convicted of federal felony
The Court of Appeals of Virginia, analyzing both state law and federal law, recently addressed the issue of firearm right restoration for persons convicted of a federal felony.
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
