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On a construction site, isn’t it enough to protect employees from existing hazards? And what does it matter if no one actually got hurt? The Sixth Circuit recently answered these questions: “No it’s not enough,” and “Absolutely,…more
Construction Accidents, OSHA, Workplace Injury
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Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in…more
Proposed Legislation, Punitive Damages, Tort Reform
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We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business…more
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Starting May 7, 2013, the U.S. Citizenship and Immigration Services will accept only the new version of the I-9 employment eligibility verification form. You may recall that on March 7, 2013, the USCIS announced that employers…more
Eligibility, Hiring & Firing, I-9, USCIS
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Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in…more
Proposed Legislation, Punitive Damages, Tort Reform
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If you are a health care provider and/or someone who routinely performs work involving patient health information on behalf of a health care provider, you likely need to know about the HIPAA/HITECH Final Rule…more
Business Associates, Covered Entities, Data Protection, Healthcare, HHS
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Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors…more
EEOC, Enforcement Guidance, FATCA, FCRA, Internal Investigations
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Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in…more
Proposed Legislation, Punitive Damages, Tort Reform
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Among liability defense counsel and those in the liability insurance industry, the City of Richmond has a long standing, widely-held reputation as one of the most plaintiff-friendly jurisdiction in Virginia, with a higher…more
Compensatory Damages, Plaintiff-Friendly Jurisdictions, Punitive Damages
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Today, the Virginia Supreme Court issued one opinion affecting Virginia local government law. Congratulations to the County of Albemarle and the City of Charlottesville! The Local Government Attorneys of Virginia supplied an…more
Commercial Leases, Declaratory Judgments, Justiciable Controversy, Subject Matter Jurisdiction
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In its recent decision in Transportation Ins. Co. v. Womack, the Virginia Supreme Court held that uninsured/under-insured motorist (UM/UIM) carriers who cede control over litigation to a defendant or his liability carrier retain…more
Approbate, Chapter 7, Judicial Estoppel, Reprobate, Right To Defend
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