The Library

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 […]

Every year, millions of Americans purchase insurance policies to protect themselves, their families, and their businesses. This insurance, whether in the form of an automobile policy, a homeowners policy, or a business policy usually has two component parts: the property coverage and the liability coverage. Perhaps encouraged by the current marketing campaigns of a number of insurance carriers today, most of us tend to focus upon the property coverage – e.g., how quickly our cars can be fixed after a “fender-bender,” or whether a stolen television will be replaced by a new one. However, the true value of these policies […]

If you were catastrophically injured or killed in a motor vehicle accident tomorrow, how much money would it take to replace your economic value to your family? How much uninsured and underinsured motorist coverage do you have? How much would it cost to protect your family? These are questions that very few people ask themselves. However, every day, people are catastrophically injured or killed in motor vehicle accidents and all too often there is little to no insurance to cover their losses. This is a tragedy. Just as tragic is the fact that it’s completely preventable and surprisingly inexpensive to […]

In both the Virginia state courts and in federal court, plaintiffs possess the ability to voluntarily dismiss some or all of their claims in a way that does not reach the merits of action, and does not bar the refiling of the same claims later. But it can be complicated, and it can be dangerous. The “dismissing” part is easy enough; the trick comes in making sure you can “un dismiss” later. This article will give an overview of the process and identify some of the hidden dangers. Where is the Law? In Virginia, nonsuits are governed by Va. Code […]

This article, written by Gentry Locke Partner Gregory J. Haley and attorney Walter C. Erwin, III, was published in the Journal of Local Government Law, Vol. XXIV, No. 3 (Winter 2014), a publication of the Local Government Section of the Virginia State Bar. Real estate tax assessment cases are a fixture for local government attorneys and most localities can anticipate a significant case every few years. Many of these cases go to trial because they are difficult to settle. This article offers practical points for defending a tax assessment case. We hope this article will be helpful to LGAs for […]

On May 5, 2014, the Fourth Circuit Court of Appeals held that the Dodd-Frank Act1 does not override and render unenforceable an otherwise enforceable arbitration agreement where the plaintiff is not pursuing a Dodd-Frank whistleblower claim. In Santoro v. Accenture Federal Services, LLC, the court joined a number of other federal courts which have refused to allow Dodd-Frank to be used to make a broadside attack on the enforceability of pre-dispute arbitration agreements. This case arose out of an employment agreement, which renewed annually for eight years and contained a provision that required that arbitration be used to resolve all […]