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Category Archives: Virginia Law

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Important Decision Regarding Identity Protection on Online Customer Review Websites

Posted in Virginia Law
In Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 752 S.E.2d 554 (Va. Ct. App. 2014), a case receiving national attention, the Virginia judiciary has been called upon to address an issue that is likely to have far-reaching, national implications with respect to:  (i) a person’s right under the First Amendment to speak anonymously; (ii) the… Continue Reading

Proposed Bill May Increase Public Access to Documents Filed with the Virginia State Corporation Commission

Posted in Virginia Law
If your company is doing business in Virginia, then you should be aware of a proposed bill in the Virginia General Assembly that may increase public access to documents your company files with the Virginia State Corporation Commission (“SCC”). The proposed bill would amend the Virginia Freedom of Information Act (“Virginia FOIA”) to make the… Continue Reading

“No, You Can’t Have It”: New Virginia Privacy Law Affecting Employers Takes Effect on July 1

Posted in Virginia Law
Signed into law on March 18, 2013, Virginia Code § 40.1-28.7:4 provides additional safeguards against the dissemination of personal information of employees to third-parties. Specifically, the statute provides that “[a]n employer shall not, unless an exemption . . . applies, be required to release, communicate, or distribute to a third party any current or former… Continue Reading

You Can’t Be Greedy: Virginia Supreme Court Holds Employer Not Required to Pay Attorneys’ Fees Incurred by Former Employee for Claims Other Than Breach of Severance Agreement

Posted in Virginia Law
In Online Resources Group v. Lawlor, the Virginia Supreme Court held that, under Delaware law, an employer was required to pay the attorneys’ fees incurred by its former employee in litigation filed by the employee after he was terminated.  The plaintiff in the case founded the employer in 1998, and served as its CEO and… Continue Reading

Confessed Judgments – Another Tool in Creditors’ Arsenal – But Process Matters

Posted in DC Law, Maryland Law, Virginia Law
A recent Pennsylvania case, Graystone Bank v. Grove Estates, LP, upheld the enforceability of a confessed judgment provision even in light of alleged inconsistencies. In most cases, a confessed judgment is a debtor’s statement signed prior to a default that a stipulated amount is owed to a creditor and permits bypassing certain legal proceedings. In… Continue Reading

Advanced Meters Prohibition Fails to Advance in Virginia

Posted in Virginia Law
A bill to prohibit the installation of “advanced meters” by electric utilities in Virginia was set aside by the Virginia Senate on January 28, 2013. The Committee on Commerce and Labor vote to “pass by indefinitely” SB 797, effectively killing a proposal to restrict electric utilities from deploying new meters they believe are necessary to… Continue Reading

The Virginia Supreme Court Gives Some Guidance On What To Do – And Not To Do – In Challenging A Government Contract Award

Posted in Property, Real Estate, Virginia Law
A recent Virginia Supreme Court (VSC) decision offers important guidance – what to do and what not to do – for companies challenging a government contract awarded under the Virginia Public Procurement Act (VPPA), Va. Code §§ 2.2-4300 et See Charlottesville Area Fitness Club Operators Ass’n, et al. v. Albemarle County Board of Supervisors, et… Continue Reading

Good News For Mortgagees Foreclosing on Property and Persons Buying Foreclosed Property

Posted in Foreclosure, Real Estate, Virginia Law
Mortgagees who may find themselves with a need to foreclose on property secured by a mortgage, as well as potential purchasers of property at a foreclosure sale, should pay attention to the recent decision in King v. Virginia Housing Dev. Authority, No. CL-11-8895 (Norfolk (Va.) Cir. Ct., Sept. 6, 2012). King mitigates a risk that… Continue Reading

A Properly Notarized Document Is Not a Mere Technicality

Posted in DC Law, Maryland Law, Virginia Law
Have you ever thought about “fudging” a little on properly notarizing a document? Perhaps you had the signature page sent ahead and begged a favor from a friendly notary, vouching for the absent party’s signature? A recent Delaware case where this occurred ended disastrously for the litigants. In Bessenyei, et al. v Vermillion, one of… Continue Reading

Federal District Court in Virginia Analyzes The Factors That Go Into An Award For Attorney’s Fees

Posted in Virginia Law
A recent decision out of the Eastern District of Virginia, Lorillard Tobacco Co. et al., v. California Imports, LLC, et al., analyzed the factors that a court in the Fourth Circuit must consider while determining the reasonableness of an attorney’s fee award. Lorillard had sued the defendants for unfair competition in violation of the Lanham… Continue Reading

The Virginia Supreme Court Elaborates On Standard For Setting Aside A Settlement Agreement Based On Fraud

Posted in Virginia Law
In Jared and Donna Murayama 1997 Trust v. NISC Holdings, LLC, No. 111377 (June 7, 2012) the Virginia Supreme Court (“VASC”) elaborated upon the reasonable reliance standard required to state a claim that a settlement agreement was procured by fraud. In resolving an earlier case with defendants, plaintiff had entered into a settlement agreement over… Continue Reading

The Virginia Supreme Court Extends The Privilege Against Defamation To Certain Lawsuit-Related Statement Made Before A Lawsuit Is Filed

Posted in Virginia Law
It is a venerable and well-settled proposition of Virginia law that statements which a party, among others, makes in a judicial proceeding that are “relevant and pertinent to the matter under inquiry” are absolutely privileged against actions on the basis of defamation. In a matter of first impression in Mansfield v. Bernabei, No. 111314 (June… Continue Reading

A Recent Federal Ruling Potentially Provides Telcos With Additional Leverage When Seeking Redress From Persons Who Damage Their Facilities In Virginia ROWs

Posted in Virginia Law
The decision by the United States District Court for the Eastern District of Virginia in Level 3 Communications, LLC v. William T. Cantrell, Inc., No. 3:12-CV-081-HEH (May 4, 2012), affords leverage to telecommunications companies seeking to obtain relief from persons who damage or interfere with their facilities located in Virginia public rights of way (“ROW”).… Continue Reading

Virginia Supreme Court Ruling Denies Real Property Taxation of Non-Exempt Entity for Taxes Associated with an Exempt Entity’s Ownership Interest in Property Owned as Tenants in Common.

Posted in Business Litigation, Corporations, Limited Liability Companies, Property, Real Estate, Tax, Virginia Law
The Virginia Supreme Court recently considered whether a municipal corporation has the authority to impose additional real property taxes against a tax paying entity which owns real property as a tenant in common with a tax exempt entity.  The court held that there is no such authority. The City of Richmond sought to impose real property… Continue Reading

Virginia Supreme Court Holds Private Cause of Action Permitted Under State Consumer Real Estate Settlement Protection Act

Posted in Virginia Law
Last week, in First American Title Insurance Co. v. Western Surety Co., the Virginia Supreme Court ruled that a title insurance company, First American Title Insurance Co., could maintain a private cause of action based in common law against its surety company, Western Surety Co., for Western’s breach of a surety bond required under the… Continue Reading

Virginia Supreme Court Takes On Non-Competition Agreements

Posted in Business Litigation, Corporations, Employment & Labor, Limited Liability Companies, Partnership, Virginia Law
Virginia businesses and employees are eagerly awaiting rulings from the Virginia Supreme Court on two cases that it has heard or is preparing to hear concerning the enforceability of non-competition agreements between employers and employees.  The results of these cases should provide businesses and employees in Virginia with greater clarity on the scope of enforceable… Continue Reading