The Library

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 […]

It makes sense that criminals should not be allowed to profit from their wrongdoing. But, most would agree with the time-tested presumption of innocence afforded to all those accused of a crime. Imagine the scenario where a company, and its management, are accused of committing some economic crime such as tax fraud, social security fraud, etc. Upon establishing that probable cause exists to believe a crime occurred through a grand jury indictment, federal prosecutors can freeze the assets of any of the accused immediately if the assets would be subject to forfeiture if the accused was convicted. The accused, then, […]

When someone injures you, a family member or your business, your first reactions are often purely emotional. “How could this happen to me, my family member, or my business?” The second reaction is to seek the advice of a healthcare provider or other professional who can help you “fix” the injury or problem. Rarely do people realize that they should SIMULTANEOUSLY be making sure that all evidence in their and other people’s hands is PRESERVED. Preservation of evidence is the subject of many voluminous treatises. However, it is simple. Anything that has to do with the accident or injury should […]

There comes a time for most businesses when a current executive or employee decides to leave and establish a competing business. Like a divorce between husband and wife, there can be significant emotional and financial ramifications. The departing individual has likely spent years with the company developing relationships with co-workers. Such relationships are based on trust, respect, and a degree of dependency. These relationships can extend beyond the workplace and take on a personal nature. When an individual departs to compete against the former employer, those left behind may experience a sense of betrayal. There can also be a significant […]

Most litigators have encountered the situation where their client has “gone off the rails” at his or her deposition. There can be a strong pull to want to rehabilitate or reassure the client during a break or recess, or even request a break for that purpose. But is such conduct ethical? And will attorney-client communications during breaks or recesses in depositions be discoverable by opposing counsel? There is a split of authority on this issue. In one of the seminal cases, the Eastern District of Pennsylvania held that private attorney-client conferences were prohibited both during the deposition and during deposition […]

Much has been written about the expanding role of OSHA in investigating and enforcing the whistleblower protection provisions of 22 federal safety and consumer protection laws and for good reason. In just the past two months, OSHA has issued Interim Final Rules outlining its procedures for processing whistleblower claims arising under the Food Safety Modernization Act (FSMA) and the Consumer Financial Protection Act (CFPA) (collectively the “Interim Rules”).1 In all material aspects, these procedures are consistent with the Interim Final Rules previously issued to process and decide whistleblower complaints made under the Affordable Care Act (ACA), and the Final Rules for […]

The VTLA just wrapped up another terrific annual meeting at the Homestead. I learned many things during the CLE sessions, including that I would like to be Mike Imprevento when I grow up. But one of the absolute highlights of the meeting was a session called “Supreme Court Thoughts and Muses,” in which Jeffrey Breit moderated a panel made up of Justice Lemons, Justice McClanahan, and Justice Powell. One of Breit’s best questions was something along the lines of: “When we are arguing before a writ panel, how do we get the Court to want to grant our appeal?” This […]

When people hear “intellectual property” they often think of complicated software source codes, top-secret formulas or sophisticated patents developed by large tech companies headquartered in the Silicon Valley. What most business owners do not realize is that every company has intellectual property (“IP”) and they do not have to be Google or Facebook to benefit from it. Smaller, closely-held companies of all kinds here in the Roanoke and New River Valleys can, and do, benefit greatly from protecting and taking advantage of their IP. Whether your business is in the market of developing software for use by professional institutions or […]