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News, attorney articles, seminars & events and case studies.

Protecting Your Organization: Rules on Attorney Contact with Employees

Articles

In Virginia, there is an ethical rule that prohibits attorneys that are representing a client from speaking about the subject of representation with another person that is represented by another attorney for that matter.[1]  For example, say Employee A has hired Attorney A to represent her in a claim against Organization B before the Virginia Workers’ Compensation Commission (“Commission”).  The rule prohibits Organization B’s attorney from talking about the claim with Employee A without either Attorney A’s presence or permission, i.e. Organization B’s attorney could not have an ex parte communication with Employee A. But what about the reverse?  Does […]

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When Words Cross the Line: Lessons from a $1 Million Defamation Verdict

Articles

In July 2022, a former Virginia state senator, Brandon Bell, and his wife, Deborah Bell, sent a letter on state Senate letterhead accusing a 15-year-old Cave Spring High School student of sexually assaulting their daughter. Three years later, a Roanoke County jury ruled that the Bells’ accusations were not only false but defamatory per se, and awarded the plaintiff, Jane Doe, $1 million in damages plus pre-judgment interest. Background: The dispute traces back to 2021, when Jane Doe, then a high school sophomore, and the Bells’ daughter, began a same-sex relationship after meeting in band. Both testified that the relationship […]

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Does My Virginia Lawsuit Belong in General District Court, Circuit Court, or Federal Court?

Articles

As a plaintiff personal injury attorney, clients often wonder which court their case will be filed in. This article will discuss the three trial courts in which a Virginia civil lawsuit can potentially be filed—general district court, circuit court, and federal district court. General District Court In Virginia, general district courts have jurisdiction over almost all types of civil claims up to $50,000.[1] In other words, any claim for breach of contract, personal injury, or property damage not exceeding $50,000 can be filed in general district court.[2] If you have a contract, personal injury, or property damage claim for $4,500 […]

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Advisory Note: Recent Ruling Deems Certain Tariffs Unlawful

Articles

A federal appeals court ruled on Friday that President Trump’s attempt to bypass Congress and impose sweeping tariffs on foreign products was unlawful. The Trump administration had argued that import duties are necessary to strengthen the U.S. economy, but the U.S. Court of Appeals for the Federal Circuit ruled 7-4 that the Trump administration went too far when he declared national emergencies to justify tariffs on other countries writing that “it seems unlikely that Congress intended to… grant the President unlimited authority to impose tariffs.” The ruling did not take effect immediately and provided the administration time to appeal to […]

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Spoliation & Preservation of Evidence in Virginia Personal Injury Lawsuits

Articles

Let’s say you were in the unfortunate situation of being involved in a traumatic accident where a lawsuit may be on the horizon. It could be a car wreck, tractor-trailer crash, motorcycle crash, boat crash, plane crash, medical malpractice, slip-and-fall accident, etc. You may be the injured person (potential plaintiff) or you may be the person at fault (potential defendant). No matter the type of accident, if you are a potential plaintiff or potential defendant and the accident happened in Virginia, then you have “a duty to preserve evidence that may be relevant to reasonably foreseeable litigation.”[1] Failing to follow […]

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You or Your Loved One Is Scheduled for Surgery: A Checklist of Things to Do Before Admission

Articles

If you or your loved one is scheduled to have surgery in the near future, there are a number of things that you should do prior to admission to the hospital. Many of these things your attorney can help you accomplish and some you may accomplish on your own. Investigate the Doctor or Surgeon First, you should investigate the doctor and/or surgeon that will be the primary caregiver while you or your loved one is hospitalized. Investigation of a healthcare provider is relatively easy and can be accomplished by going on the Virginia Department of Health Professions official website and […]

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EEOC Opens Portal for EEO-1 Filing

Articles

On May 20, 2025, the Equal Employment Opportunity Commission (“EEOC”) opened the portal for the submission of the 2024 EEO-1 Component No. 1 Report. All private sector employers with 100 or more employees are required to file their annual workforce demographic report by no later than 11:00pm EDST on June 24, 2025.[1] The EEOC has a dedicated landing page for this portal, and has provided an updated 2024 EEO-1 Component Instruction Booklet and a host of Fact Sheets, FAQs and other guidance documents to assist with the filing which can be accessed here. Since 1966, larger employers have been required […]

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Should I Hire a Personal Injury Attorney?

Articles

Many kinds of incidents can lead to the pursuit of a personal injury claim in Virginia. Recent data from the Centers for Disease Control and Prevention shows that close to 40 million Americans visit the hospital each year due to suffering a personal injury. The Insurance Research Council reports that personal injury settlements were 40% higher when claimants were represented by an attorney.  Situations where a personal injury can occur include the following:    Car accidents;   Tractor Trailer Accidents;   Boating Accidents;   Slip and fall;   Dog Bites;   Household Products Causing Injury;   Commercial/Industrial Products Causing Injury; […]

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Speaking for the Dead: Who Can Pursue a Wrongful Death Lawsuit in Virginia

Articles

When someone dies, their loved ones are often left overwhelmed. Decisions need to be made. Paperwork needs to be filled out. Funeral and burial arrangements need to be planned. Steps need to be taken to protect the deceased individual’s assets. Of equal importance – especially in cases where the death was caused by another’s negligence – considerations need to be made to protect the interests of the decedent’s statutory beneficiaries. Statutory beneficiaries are the individuals that may have the right to recover damages [CDM1] for their loved one’s wrongful death. The first question that needs to be determined is this […]

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Biden-Era 2024 Independent Contractor Rule Shelved

Articles

On May 1, 2025, the U.S. Department of Labor issued a field assistance bulletin, Wage and Hour Memorandum No. 2025-1, stating that it would no longer apply the 2024 Rule used to determine when workers are independent contractors or employees under the Fair Labor Standards Act. Instead, the DOL said it will enforce the FLSA in accordance with Fact Sheet #13 (July 2008) as informed by Opinion Letter FLSA2025-2, which involves service providers working in a virtual marketplace company. The Trump DOL did not rescind the regulations that created the 2024 Biden-Era Rule, it simply stated it plans to not […]

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