The Library

Most people have been called for jury service at one time or another. Some will see the requirement of jury service as a time-consuming imposition, while others not only readily accept this obligation as a basic requirement of citizenship, but find the experience to be interesting and even ennobling. The right to a jury trial in criminal cases is guaranteed by the Sixth Amendment to the United States Constitution, while the Seventh Amendment provides for jury trials in most civil cases. Obviously, we cannot have jury trials without jurors.  So, who is subject to the requirement of jury service and […]

This article by Gentry Locke criminal defense attorney Justin Lugar was published by the American Bar Association. Being the incredibly interesting human being that I am, sometimes I find myself comparing dictionary definitions between American English dictionaries and Oxford English dictionaries or what I call an “English-English dictionary.” This bizarre habit, I think, stems from my less than successful efforts to learn Latin in high school as well as my great fortune to have lived and practiced law in London for the first four years of my career. During my time in London, I had the great pleasure of working with several […]

In the fertile ground for disagreements between neighbors, trees are a recurring problem. Whether the issue involves encroaching branches or roots or the accidental or intentional cutting of a tree, it is important to understand the legal landscape. In an urban or suburban setting, problems with trees can arise in a number of ways. Overhanging branches can block light or satellite reception; they can damage structures; and they can drop leaves, fruit, flowers or other items.  Encroaching roots can cause significant structural damage to foundations, walkways, and underground utilities.  Although a neighbor does not have the right to enter onto […]

Virginia workers’ compensation law has long required that claims can only be compensable if they are “injuries by accident.” There are parts of the law that provide for compensation for “occupational diseases,” but the idea for injuries like sprains and contusions is that such injuries qualify under the Workers’ Compensation Act only if they occurred “by accident.” This has of course led to a great deal of judicial discourse on what constitutes an “injury by accident.” The upshot is that claims based on either repetitive trauma or cumulative trauma are not compensable. This was the state of the law for […]

Consider the following hypothetical: Ivan is an important employee of the ABC Company in Virginia. Ivan has been employed by ABC for 4 years and has learned a great deal of proprietary information. He is not subject to a non-compete agreement, but has signed an agreement not to disclose confidential information. With no prior notice, Ivan has unexpectedly tendered his immediate resignation. You have heard from a reliable source that Ivan has accepted employment with XYZ Company in Virginia, an aggressive and fairly new competitor. ABC’s President is livid. She believes that Ivan will “inevitably” use or disclose ABC’s trade […]

Under the Defend Trade Secrets Act (“DTSA”), signed into law by President Obama on May 11, 2016, private employers now have a powerful and unprecedented tool to help them in the fight against trade secret misappropriation. As previously mentioned in Part I of this series, the DTSA provides a unique remedy which was never an option under the Uniform Trade Secrets Act.[1] This remedy is an ex parte seizure provision which allows for “the seizure of property necessary to prevent the propagation or dissemination” of trade secrets. Ex parte means that an employer may petition a court to seize the […]

The recent case of Lopez-Rosario v. Habib, 785 S.E.2d 214 (2016), demonstrates the sometimes devastating consequences of an Order that does not fully reflect what transpired at a hearing. In 2010, the parents of Ms. Lopez-Rosario, an adult, petitioned the Loudoun County Circuit Court to be appointed guardians of their child. The reason for the petition was that “Ms. Lopez-Rosario ‘[was] an incapacitated individual’” and needed someone to make medical decisions for her. While the facts of the underlying guardianship proceeding made clear that the purpose of having the parents appointed as guardians “was to enable Lopez-Rosario’s parents to make […]

One important new feature of the Defend Trade Secrets Act of 2016 (DTSA) is the duty imposed on employers to notify “employees” of the whistleblower and anti-retaliation protection provisions of the DTSA. In 18 U.S.C. § 1833(b)(3)(A), any agreement entered into or updated after May 11, 2016 with an “employee” that includes a provision that governs the use of confidential information must include a provision that explains the new criminal and civil liability immunity provisions provided to whistleblowers and the provision that expressly allows employees to use trade secret information in anti-retaliation lawsuits. This provision makes it clear that “any” […]

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996 (EEA) (18 U.S.C. § 1831, et. seq.). The EEA has allowed federal prosecutors to bring criminal charges for the theft of trade secrets, but until the DTSA, there was no federal civil claim for damages or equitable relief. The DTSA addresses this problem and grants private companies (and other trade secret owners) the right to bring a civil suit to protect their trade secrets and recover damages, so long as the trade secret relates to a product […]