The Library

While we wait for the days of retina scanners to unlock our smartphones — á la movies like Batman (1966 version), Star Trek II: The Wrath of Khan (1982), and GoldenEye (1995) — we must wrestle with whether or not to enable our devices with the now standard thumbprint security identification. In case you missed it, Virginia Beach Circuit Court Judge Steven C. Frucci ruled that requiring a criminal defendant to provide his passcode to unlock his phone for investigators pursuant to a search warrant violates the Fifth Amendment right to be free from self-incrimination. Judge Frucci explained that giving […]

From Stephen Colbert to rap music, the role of amicus curiae briefs has caught the public eye. On the first day of the 2014-15 Supreme Court term, Stephen Colbert interviewed William & Mary law Professor Alison Larsen about her research into the 800% increase in amici filings over the last fifty years. Colbert described amicus briefs as “informational documents written by third parties who are not involved in the situation, whose opinion was not sought, but still want some say in the decision.” Or, as Colbert spoofed, “the legal equivalents of grandparents.” Professor Larsen does not dismiss amicus briefs outright, […]

I admit it. I am an appellate argument junkie. This has been a long-standing problem, but when the Supreme Court of Virginia began releasing audio recordings of its oral arguments earlier this year, my habit took on new dimensions. I can now listen to hours of appellate argument without leaving the house, car, or office. This has brought new purpose to my long daily commute (I hope the legislature will not make this illegal), and I’m totally hooked. But what’s the big deal, concerned friends ask – audio recordings of Fourth Circuit arguments have been available for some time now. […]

For three years in law school, finishing in 1993, I think I hardly heard the word “mediation,” much less had any courses or training in it. In clerking in the US District Court in Norfolk for a year after that, I don’t recall much, if any, mediation occurring, certainly not with magistrate judges the way it is today. Within days of arriving at work at Gentry Locke in the fall of 1994, however, I can vividly remember having conversations with a colleague about John McCammon starting a “mediation business.” Not long after that, I began getting involved in representing parties […]

A pillar of Virginia workers’ compensation law is the requirement that the claimed injury “arise out of” the claimant’s employment. The Virginia Workers’ Compensation Commission and Virginia appellate courts generally interpret this to mean that there must be a “causal link” between the claimant’s job and his injury. That is, if the cause of your injury is unrelated to your job, your injury is not compensable — even if you were injured while you were doing your job. While such a scenario can be difficult for laymen to immediately apprehend, there are many cases that illustrate this principle. For instance, […]

As an employment lawyer who has represented Virginia businesses for 25 years, I have a different perspective from those persons who advocate that employers stop asking applicants to check a “box” if they had a prior criminal conviction. I recommend that Virginia employers “keep the box.” To understand this issue better, there are two primary legal concepts to consider. First, the federal Equal Employment Opportunity Commission (EEOC) proclaims that an employer risks a violation of Title VII of the Civil Rights Act if it fails to hire an applicant based solely on the fact that he disclosed a prior conviction […]

Two partners set out on their own to create a business from scratch, intending to embark on an adventure and fulfill the American dream. Making a little money wouldn’t hurt either. In the midst of start-up efforts, planning for a split-up or even a management deadlock is rarely at the top of the entrepreneur’s to-do list. However, the longer it takes to address succession issues, the more difficult it may be to reach a mutually acceptable arrangement. It is therefore important for every closely held business owner to devise an “exit strategy” tailored to his or her needs. For ease […]

This article, written by Gentry Locke attorneys William R. Rakes, Gregory J. Haley, and Abigail E. Murchison, was a Virginia CLE presentation to attendees of an event sponsored by the Advanced Business Litigation Institute in Charlottesville, Virginia on June 21, 2014. Due to the length of the article, it is provided in PDF format here. Introduction The topic of trying breach of contract cases from the defense perspective is huge. This outline addresses recurring themes and topics in defending these cases. The content reflects the personal experiences of the authors and the “lessons learned.” Many of the comments below may […]

Litigation is often anything but civil. Instead of opposing counsel working together to resolve pre-trial issues and get to the merits of the case so that a jury or judge can resolve a dispute, a lawyer’s ego will often turn a case into something other than a dispute between two parties. Parties sometimes encourage this type of litigation by hiring a “tough guy” to represent them. This can lead to messy litigation, increased costs and a great deal of wasted energy and effort. Because of this, Virginia state courts are sanctioning both parties and counsel on a regular basis these […]