The Library

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 […]

Dunlap v. Cottman Transmission Systems, LLC — Another Round for Contract v. Tort Claims in Virginia Contracts. Torts. These twin pillars of U.S. jurisprudence are core curriculum at every law school. But just like they are taught separately, courts take pains to keep these theories of liability distinct from one another. The Supreme Court of Virginia is no different. A legion of cases stand for the seemingly straightforward proposition that mere breach of a contract cannot constitute a tort. The practical meaning of this principle, however, continues to be defined and refined. Four years ago, the Supreme Court applied this […]