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Civil / Business Law

Cheerleading Uniforms At Center of Supreme Court Copyright Infringement Suit

October begins a new term for the Supreme Court and one of the cases on their docket is a copyright infringement case involving cheerleading uniforms. In Star Athletica, LLC v. Varsity Brands, Inc., Varsity Brands, Inc., an athletic uniform manufacturer sued Star Athletica, LLC , another athletic...

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The Four Corners of the Contract

When a person is signing a contract, they need to make sure that any and all promises or expectations are outlined in the contract. If guarantees or assurances are made outside of the contract, they essentially can’t be enforced. This is because any dispute will refer to the “four corners of the con...

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Supreme Court of Virginia Oral Argument

The highlight of many Viginia lawyer's careers is an argument before the Supreme Court of Virginia.  Many ask me, what is it like?  Here is the basic procedure for writ panels, which is usually the first step in an appeal to the high court.

After a Notice of Appeal ...

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Frivolous Business Lawsuits Slapped Down by Supreme Court

Imagine being sued by a person for a technical violation of law by someone who suffered no injury but who sued you anyway . . . because he could (and because his lawyer would earn a handsome fee).  Believe it or not, this happens all the time.  Congress has passed a numb...

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Court Activity: Supreme Court of Virginia Filing

On January 14, we finished a brief to the Supreme Court of Virginia.  Arguing cases in the highest court of the state is always a time to do one's best, and it gets started with the initial briefing. Our client is a nationwide company who was being taxed locally on business property that it do...

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Is my non-compete agreement enforceable in Virginia?

Question:  Is my non-compete/non-solicitation agreement enforceable in the state of Virginia?

I was employed (w2) by an IT staffing firm for 6 months to work as a contractor for their client. I then started my own business, doing IT consulting. Clie...

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How can a landlord sue a prior tenant for rent and property damage?

QUESTION: How do I pursue a former tenant for damages to the property and non payment of rent?  The tenant left water running in the house when she moved out destroyed ceiling holes in wall didn't clean anything trash inside and outside and abandoned vehicles are on the prope...

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How do I collect a small debt in Virginia?

Question:  I loaned an ex-friend $800 two years ago and she hasn't paid back a penny. What process do I go about getting my money?

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There is no “parent-child” privilege in Virginia.

There is no "parent-child" privilege in Virginia according to a federal court.  This means that a son can be compelled to testify against his parent. The case is Under Seal v. United States, 13-4933 (4th Cir., June 17, 2014). By contrast, there is an "attorney-client," "clergy-communicant," and "...

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Many Small Employers Now Subject to Sarbanes-Oxley

Last week, the United States Supreme Court released its opinion in Lawson v. FMR, LLC, 571 U.S. ___ (2014), a decision that reaffirmed the breadth and force of the Sarbanes-Oxley Act's whistleblower protection provision.  As a result, millions of private businesses are now potentially subject...

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Serve Lawsuits Via Facebook!

A litigant can serve a defendant in Turkey with a lawsuit via Facebook, Linkedin, and e-mail, according to the United States District Court for the Eastern District of Virginia.  It is often very hard to serve parties with lawsuits -- especially if they live out of the country, their real identity i...

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New Virginia ABC Laws Enacted by the Legislature

Here is a List of Likely New ABC Laws in Virginia for 2014

(All the following bills have passed the House & Senate.  The Governor must sign them for them to actually become law on July 1, 2014.)

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4th Circuit Vacates Dismissal: Former Employee Can Cure Defective Service of Process After Defendant Removes Case to Federal Court

Under Virginia law, service of process should be perfected on defendants within one-year of the date a plaintiff files a lawsuit.  A plaintiff’s failure to timely serve often leads to dismissal of the plaintiff’s case with prejudice.  In a recent case, a plaintiff's former employee w...

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Virginia Supreme Court Recognizes Intentional Interference Has Five-Year Limitations Period and Can Support Business Conspiracy Claim

On February 27, 2014, the Virginia Supreme Court strengthened intentional interference claims by holding that their statute of limitations period is 5-years long, and that they can support a business conspiracy cause of action.  Before this ruling, many had argued that the statute of limitations was...

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