LeClairRyan

Riverfront Plaza, East Tower 951 East Byrd Street, Eighth Floor
Richmond, VA 23219, United States

  • 804.783.2003
  • 804.783.2294

The Utility And Risk Of Mobile Device Tracking

Americans are becoming increasingly dependent on mobile devices, such as smart phones. These devices allow us to remain in constant contact with our family, friends, and colleagues. Moreover, the use of these devices is…more

FTC, Mobile Devices, Retail Market, Web Tracking

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Final Paycheck Laws – Getting It Right (Part II)

Unless you’re Donald Trump, you probably don’t like telling employees, “You’re Fired!” On the other hand, most employers do not like to hear that an employee is quitting. However, eventually the day will come when an employee…more

Employer Liability Issues, Employer Mandates, Hiring & Firing, Wages

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Can I Fly or Can’t I Fly? Drones in the Wake of the NTSB’s Pirker Opinion

One of the fastest-evolving areas of aviation is the use of drones. Although “drone” is the popular term, it is not used in the industry, which initially used “unmanned aerial vehicle,” or UAV. Originally Published in…more

Aviation Industry, DOD, Drones, Federal Aviation Act, NTSB

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The Devil is in the Details: Advising Your Clients on the Affordable Care Act

The Affordable Care Act (ACA) represents a fundamental shift in healthcare delivery and insurance. The law is complex and many of its provisions are delayed due to implementation difficulties. However, virtually all businesses…more

Affordable Care Act, Aggregation Rules, CPAs, Employer Group Health Plans, Employer Mandates

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July 2014 SCOTUS Roundup

All eyes have been on the Supreme Court this summer as the justices handed down decisions in several high-profile cases involving labor and employment disputes. While the debate over the issues addressed by the Court this term…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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The Devil is in the Details: Advising Your Clients on the Affordable Care Act

The Affordable Care Act (ACA) represents a fundamental shift in healthcare delivery and insurance. The law is complex and many of its provisions are delayed due to implementation difficulties. However, virtually all businesses…more

Affordable Care Act, Aggregation Rules, CPAs, Employer Group Health Plans, Employer Mandates

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The HIPAA Gap Between Employers And Employees

“…HIPAA does not create a duty on the part of employers to protect employees from computer-virus related injuries” This quote, from the Farr v. St. Francis Hosp. & Health Centers case in the Southern District of Indiana,…more

Cybersecurity, Data Breach, Data Protection, HIPAA, HITECH

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Accountant And Attorney Liability Newsbrief - Fall 2013

In This issue: - First Circuit Rejects Scapegoating and Diversionary Tactics by Plaintiff’s Counsel - Doing Wellness Right - Federal Judge Rules Law Firm Not Liable Under Chapter 93A - In Massachusetts, Employers May…more

Attorney Malpractice, Breach of Duty, Insurers, Professional Liability

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Sunshine Act/Open Payments Alert

On Monday, May 5, 2014, CMS published in the Federal Register an unexpected notice seeking additional public comment specifically around the Dispute Resolution process, which is the process CMS is establishing to give physicians…more

CMS, Dispute Resolution, Hospitals, Medical Devices, Pharmaceutical Manufacturers

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New York Court: Insurer's Failure To Defend Does Not Waive Coverage Defenses

New York’s highest court recently held that an insurer that does not defend its insured may, if later sued by the policyholder seeking coverage, plead policy exclusions as a defense to the coverage claim…more

Affirmative Defenses, Attorney Malpractice, Denial of Benefits, Professional Liability, Waivers

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Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

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Sunshine Act/Open Payments Alert

On Monday, May 5, 2014, CMS published in the Federal Register an unexpected notice seeking additional public comment specifically around the Dispute Resolution process, which is the process CMS is establishing to give physicians…more

CMS, Dispute Resolution, Hospitals, Medical Devices, Pharmaceutical Manufacturers

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Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

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Quick Take On EME Homer

The Supreme Court yesterday issued an important Clean Air Act decision in the EPA v. EME Homer Generation case, reversing the D.C. Circuit. No doubt hundreds of blogposts and newsletters will be written about the case, but I…more

Clean Air Act, Cross-State Air Pollution, Environmental Policies, EPA, EPA v EME Homer City

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"ObamaCare" Open Enrollment Period Passes: What This Means For Consumers

The Affordable Care Act (the health care reform law also known as “ObamaCare”) created a nationwide open enrollment period to purchase individual and family health insurance. For fully-reformed, 2014 health insurance plans, open…more

Affordable Care Act, Health Insurance Exchanges, Healthcare, Healthcare Reform, Open Enrollment

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Massachusetts Now Permits Attorney Conducted Voir Dire and Arguments on Specific Amounts of Damages

On August 6, 2014, Massachusetts Governor Deval L. Patrick signed into law a bill that will permit attorney conducted voir dire in Massachusetts. The bill was backed by the Massachusetts Bar Association. Until now, voir dire in…more

Damages, Rules of Civil Procedure, Voir Dire

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The 'Inexorable March' Toward Disclosure of Risk Management Materials

A reminder for risk managers at hospitals and other healthcare organizations in Virginia and elsewhere: Plaintiffs’ attorneys can win access to risk management information long considered protected and internal—including…more

Disclosure, Discovery, Healthcare, Healthcare Providers, Hospitals

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Public Sector Unions Take a Hit in Recent Supreme Court Decision

The United States Supreme Court recently held in Harris v. Quinn that the First Amendment protects certain "quasi-public" employees from being forced to pay fees to a public sector labor union that they don't support. While the…more

Employee Rights, First Amendment, Harris v Quinn, SCOTUS, Unions

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Men at Work: California Public Works Projects and Prevailing Wage Laws

California’s prevailing wage law, set forth in the California Labor Code, provides that each worker employed by contractors or subcontractors on a public works project must be paid not less than the general prevailing wage…more

Construction Contracts, Construction Workers, Contractors, Employer Liability Issues, Employer Mandates

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United States Bankruptcy Court Rejects Creditor’s Cost Claim Because of Defective Notice

Lenders should be aware of a recent Bankruptcy Court decision that barred a lender from obtaining certain costs when it did not comply with a notice requirement in a mortgage…more

Consumer Bankruptcy, Mortgages, Notice Requirements, Popular

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Supreme Court: Some Corporations Can Opt Out of Obamacare’s Contraception Coverage Mandate

On June 30, 2014, the United States Supreme Court held 5-4 in Burwell v. Hobby Lobby Stores, Inc. that closely held for-profit corporations cannot be forced to comply with the Patient Protection & Affordable Care Act’s…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Healthcare, Hobby Lobby

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Does “Tolled” Mean “Suspended” Or “Extended” In §1367(D)?

Every day, complaints are filed in federal court with claims brought under both federal and state law. If the federal court dismisses or grants judgment on those claims that provide a basis for federal jurisdiction, it has…more

Federal Jurisdiction, Statute of Limitations, Tolling

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Baby Pics and HIPAA Insanity

Thanks to a recent article in the New York Times on the HIPAA Privacy Rule, I have a new favorite definition of insanity. My old favorite definition is, repeating the same behavior and expecting a different outcome. It is a…more

Compliance, HIPAA, HIPAA Omnibus Rule, Photographs, Popular

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The 'Inexorable March' Toward Disclosure of Risk Management Materials

A reminder for risk managers at hospitals and other healthcare organizations in Virginia and elsewhere: Plaintiffs’ attorneys can win access to risk management information long considered protected and internal—including…more

Disclosure, Discovery, Healthcare, Healthcare Providers, Hospitals

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The Minimum Wage Battle Wages On

With the federal minimum wage remaining at $7.25 since 2009, twenty-two states and the District of Columbia have raised their minimum wages to amounts higher than the federal rate…more

Employee Rights, Minimum Wage, Wage and Hour, Wages

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Drafting and Interpreting Indemnity Agreements: Living Forward, Understanding Backwards

Black’s Law Dictionary defines indemnity as one’s obligation to make good any loss, damage or liability incurred by another to a third party. Typically, this obligation arises within a larger contract, within which the…more

Contract Drafting, Contract Interpretation, Indemnity Agreements

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New Job Interview Rules Restrict California Employers’ Ability To Question Applicants’ Background

Recently enacted state legislation that aims to boost hiring may actually jeopardize California employers who are trying to safeguard their existing workers and business assets. Originally Published on Corporate…more

Interviews, Job Applicants

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‘Chemical (Over)reaction’?: States Push for Tighter Regulation of Consumer Products

The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion. Progressive legislators in states such as California,…more

Chemicals, Legislative Agendas, Manufacturers, Popular, Regulatory Standards

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Supreme Court Decision in Alice Corp. v. CLS Bank Raises More Questions Than Answers

The Supreme Court recently issued its much anticipated decision in Alice Corp. v. CLS Bank, unanimously affirming the Federal Circuit's en banc decision finding the method, system, and computer readable medium claims at issue…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation

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Doctor’s Slapp at Yelp Reviewer Largely Dismissed by DC Superior Court

Yelp, and websites like it, have certainly added to the development of law in the First Amendment area. The Virginia Supreme Court is poised to decide the standard for unmasking anonymous commentators on websites like Yelp. …more

Anti-SLAPP, Appeals, Defamation, First Amendment, Social Networks

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Accountant And Attorney Liability Newsbrief - Fall 2013

In This issue: - First Circuit Rejects Scapegoating and Diversionary Tactics by Plaintiff’s Counsel - Doing Wellness Right - Federal Judge Rules Law Firm Not Liable Under Chapter 93A - In Massachusetts, Employers May…more

Attorney Malpractice, Breach of Duty, Insurers, Professional Liability

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Summer 2014 SCOTUS Roundup: Burwell v. Hobby Lobby

To close out our review of the Supreme Court’s summer decisions impacting labor and employment issues, we’ll examine the ramifications of the much-publicized and hotly discussed Burwell v. Hobby Lobby…more

Affordable Care Act, Burwell v Hobby Lobby, Closely Held Businesses, Contraceptive Coverage Mandate, Contraceptives

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Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

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It's Unanimous: Recent NLRB Appointments Ruled Unconstitutional

In a unanimous opinion released on June 25, 2014 the United States Supreme Court held in NLRB v. Noel Canning et al. that President Obama's recess appointments to the National Labor Relations Board (NLRB) in January 2012 were an…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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Site Development: Do It Right Or Pay The Price

From everything I have seen, heard, and experienced, the rush to upgrade sites to deliver faster download speeds and keep up with data demands is not unlike the old market launch days. There is a lot of pressure, some friendly…more

Wireless Industry, Wireless Technology

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‘Steering Clear of ADA Drive-By Lawsuits’: Three Tips For Better Managing ADA-Related Risk

When I defend Virginia property owners in lawsuits involving the Americans with Disabilities Act (ADA), certain plaintiffs greet me warmly as I walk up to depose them. Why? Because we have seen each other so many times we are…more

ADA, Compliance, Disability, Disability Discrimination, Employer Liability Issues

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NDAs Are Easy As MSVEPNFTL

Nondisclosure agreements (NDAs) are generally straightforward documents and follow a consistent format. People often pull a form off the internet, fill in the blanks and send it off to the other side. Likewise, recipients of…more

Non-Disclosure Agreement, Startups, Trade Secrets

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Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

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Energy from Agricultural Waste

That’s the interesting thing—you’re basically talking about anything that has heat content. Officials at the U.S. Department of Energy predict that within a couple of decades, the country will be turning hundreds of millions of…more

DOE, Energy, EPA, Farms, Renewable Energy

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‘To Franchise, or Not to Franchise?’

Franchising can be a highly successful approach to growing a business. But entrepreneurs should weigh success stories such as those of McDonald’s, which had $28.1 billion in revenues and $5.6 billion in net income in 2013, or…more

Entrepreneurs, Franchise Agreements, Franchises

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Employer Obligations After a Work Accident

Surprisingly, many employers do not know of this requirement. The Virginia Workers’ Compensation Act provides that employers shall provide injured employees with a panel of physicians from which to select a treating physician…more

Workplace Injury

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Division of Labor and Law Firms

Two recent articles/blog posts piqued my interest. The first was written by Pam Woldow of Edge International, and the second by Robert Gogel of Integreon. Both were insightful, and I would like to both share the insight and add…more

Law Practice Management, Young Lawyers

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Benefits of Physician Disclosure To Patients of Medical Errors

No matter how dedicated a physician is to her medical practice, or how careful she is to avoid treatment errors when providing care to her patients, nonetheless mistakes cannot be entirely avoided…more

Healthcare, Physicians, Professional Liability, Voluntary Disclosure

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The 60-Second Construction Journal

The law contains many pitfalls for contractors. Important contractual rights and remedies can be lost, hard-won statutory protections waived, and serious liabilities incurred – all through ignorance of the law. This newsletter…more

Contractors, Federal Contractors, General Contractors, Subcontractors, Subcontracts

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San Francisco Bay Area Commuter Benefits Program Debuts

Beginning September 30, 2014, employers in the San Francisco Bay Area that have a minimum of 50 full-time employees must offer commuter benefits, such as payments for commuter passes, to any employee who works 20 or more hours…more

Commuter Tax Benefits, Commuting, Employee Benefits

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Six “Simple” Steps to Private Practice

In an age when doctors are running for the hills away from private practice, a great friend of mine, Dr. Yohan Park, is a successful, young pediatrician who is running a busy and lucrative private, solo pediatric practice in an…more

Business Development, Physicians

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Phishing Scam Hooks South Carolina Department Of Revenue

Last November, South Carolina’s Department of Revenue was hit with what some commentators say was one of the worst cyberattacks against a state government in U.S. history. This cyberattack led to 3.8 million tax returns, social…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Phishing Scams

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Drones And HOAs: How Homeowners Associations And Condominium Associations Can Be Prepared To Deal With The New Technology

Amazon.com’s recent announcement – that in the future it may utilize unmanned drones to deliver packages to individual residences – has created a host of novel legal issues that all homeowners associations should consider and…more

Amazon, Condominium Associations, Drones, Homeowners' Association, Technology

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Supreme Court Decision in Alice Corp. v. CLS Bank Raises More Questions Than Answers

The Supreme Court recently issued its much anticipated decision in Alice Corp. v. CLS Bank, unanimously affirming the Federal Circuit's en banc decision finding the method, system, and computer readable medium claims at issue…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Patent Infringement, Patent Litigation

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Recent HUD Enforcement Actions Highlight Risks of Loan Discrimination Against Those on Maternity/Paternity Leave

The U. S. Department of Housing and Urban Development (“HUD”) recently entered into settlement agreements with two lenders that allegedly discriminated against mortgage loan applicants based on their maternity leave status. HUD…more

Discrimination, Fair Housing Act, HUD, Lenders, Mortgages

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The 60-Second Construction Journal

The law contains many pitfalls for contractors. Important contractual rights and remedies can be lost, hard-won statutory protections waived, and serious liabilities incurred – all through ignorance of the law. This newsletter…more

Contractors, Federal Contractors, General Contractors, Subcontractors, Subcontracts

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys

100+ Attorneys

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