The Library

Communications technology changes almost daily. Often, both statutory and case law lag behind the new technology. In this dynamic environment, there is necessarily unpredictability that makes us all uncomfortable. As lawyers it is our role to bring some predictability that the business world demands. Here are several questions growing out of our reliance on this rapidly evolving technology. As an employer, may I monitor use of company computers by my employees? Congress enacted the Electronic Communications Privacy Act in 2003 when employee use of e-mail was not as wide spread. The ECPA is potentially broad enough to encompass electronic communication […]

Over the last five to ten years, the remediation and redevelopment of contaminated property, commonly called “brownfields,” has become more prevalent, in part due to both federal and state legislation which makes remediation of contaminated property easier, and provides additional liability protections for those undertaking cleanups. A “brownfield” is generally defined as “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.” A state voluntary cleanup program, and new liability protections under federal and Virginia Brownfields Acts, are two of the major drivers of land […]

Accountants to Veterinarians: Professional Liability a Concern Issues arising from professional liability should be of great interest to professionals in today’s business environment. The general public has become increasingly aware of its legal and contractual rights and seemingly believe that a legal action may, and should, be initiated from any factual scenario that leads to an unexpected outcome. As lawyers, we are faced with these issues on a day-to-day basis – both from a preventative standpoint and in a representative capacity. What is a professional? Professionals are generally defined as those with specialized knowledge in a profession with labor and […]

Keith Ferrell is a free lance writer based in Franklin County. Reprinted from the Sept. 19, 2005 edition of the Blue Ridge Business Journal. If you have to see an ophthalmologist as a result of the eyestrain you get from reading the hundreds of pages of government prose in the Health Insurance Portability and Accountability Act (HIPAA) — or for that matter a physical therapist for your strained back from picking it up — you can rest assured that its provisions are intended to protect both the continuity of your health care coverage, and the privacy of your personal medical […]

Sherman Act Restraint of Trade Every contract, combination or conspiracy in restraint of trade or commerce among the States is illegal. 15 U.S.C. Section 1. A restraint of trade cause of action requires showing that: the activities are in or affect interstate or foreign commerce; the activities are performed by two or more persons; the activities are the result of concerted action; the concerted action is a restraint on commerce; and the restraint is unreasonable. See Levine v. McLeskey, 881 F. Supp. 1030, 1044 (E.D. Va. 1995); Estate Constr. Co. v. Miller & Smith Holding Co., 14 F. 3d 213, […]

The full article is available in pre-formatted PDF format under the Additional Reading section. ALFA International Labor and Employment Update, Summer 2004 W. David Paxton, July 23, 2004 Introduction In a recent case out in the Tenth Circuit, two employees sued their former employer for retaliation after they were terminated for making allegations of harassment which the employer concluded were intentionally false. Renner-Wallace v. Cessna Aircraft Co., 2003 U.S. Dist. LEXIS 4134 (D. Kan.), aff’d 95 Fed. Appx. 967 (10th Cir. 2004). The district court granted the employer’s motion for summary judgment holding that the employees had failed to present any […]

Published in Virginia Lawyers Weekly, July 19, 2004 The full article is available in pre-formatted PDF format under the Additional Reading section. Introduction Where plaintiffs assert their business and land suffered damage from flooding from a nearby owner’s property after he installed culverts in a stream, which overflowed during a flood, the carrier cannot rely on the “pollution exclusion” clause of a commercial general liability policy issued to defendant property owner’s business to deny a defense.

Virginia Lawyer, June/July 2004 The full article is available in pre-formatted PDF format by clicking on the “Associated File” link below. Introduction For attorneys practicing health law, consulting the Privacy Standards of the Health Insurance Portability and Accountability Act (“HIPAA”) is almost an everyday event. Since these extensive and complicated rules were published in December of 2000, we have been advising health care providers and health plans (“covered entities” under HIPAA) on the steps they should take to become compliant. For other attorneys, however, HIPAA has become a roadblock to patient information that used to be much more accessible.

W. David Paxton In a combination of reports released, the federal government has made an effort to revive the debate regarding the disparity in pay and position between many men and women which is frequently referred to as the Glass Ceiling phenomenon. [1]  GAO Report. In November, 2003, the General Accounting Office reported that women earn only about $.80 for every $1.00 paid to a man, which is the same pay gap that has persisted for nearly 20 years. The report entitled Women’s Earnings: Work Patterns Partially Explain Differences Between Men and Women’s Earnings. According to this report, several key […]