ThompsonMcMullan PC

100 Shockoe Slip Third Floor
Richmond, VA 23219, United States

  • 804.649.7545
  • 804.780.1813

IRS Releases Form 1023-EZ for Certain Nonprofit Organizations

The IRS recently issued Form 1023-EZ for use by certain nonprofit organizations applying for tax-exempt status under Section 501(c)(3). With the IRS’ tax-exempt unit under recent political scrutiny, a nonprofit organization…more
| Taxation, Nonprofit Law

Clarification on the Statute of Limitations for Conditions of Confinement Cases

The Supreme Court of Virginia has recently addressed and clarified the application of Va. Code § 8.01-243.2, which provides: No person confined in a state or local correctional facility shall bring or have brought on his…more
| Administrative Law, Civil Procedure, Personal Injury

Federal District Court Finds General Allegations of Fraud, Duress, and Overreaching Insufficient to Invalidate Contract Dispute Resolution Provisions

Dispute resolution provisions, such as forum-selection clauses, arbitration clauses, and choice-of-law clauses, are commonly included in modern business and employment contracts. A recent opinion in Zaklit v. Global Linguist…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Dispelling Employment Myths Series – Issue 5: Not Entitled to Overtime

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the group…more
| Labor & Employment Law

Ripples of Windsor: DOL Seeking to Expand the FMLA’s Definition of “Spouse”

Last June, the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act (“DOMA”) as unconstitutional in United States v. Windsor, 570 U.S. 12 (2013). The Supremes ruled that section 3 of DOMA…more
| Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

Medicaid Information System Glitch Surprises Provider with $367k Retraction

Yesterday the Court of Appeals of Virginia released its opinion in LifeCare Medical Transports, Inc. v. DMAS, a case involving a retraction of over $367,000. LifeCare Medical Transports, Inc. (“LifeCare”) provides advanced life…more
| Health, Transportation

Supreme Court Holds Inherited IRAs Not Exempt from Bankruptcy Estate

The Bankruptcy Code permits an individual in bankruptcy to exempt from the bankrupt estate “retirement funds” in an individual retirement account (“IRA”) or certain other tax-advantaged vehicles. In a recent case, the U.S…more
| Bankruptcy, Civil Procedure, Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

Two May Be Company, But Two Racial Slurs in Two Days is Not Enough for a Hostile Work Environment Claim

Often an employer is forced to defend a lawsuit filed by an employee complaining that he or she was subjected to a hostile work environment based on slurs. Title VII of the Civil Rights Act of 1964 makes it unlawful for…more
| Civil Rights, Labor & Employment Law

Dispelling Employment Myths Series – Issue 4: My Opinion Got Me Fired

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the group…more
| Constitutional Law, Labor & Employment Law

A Copyright Best Practices Reminder: Get it in Writing

“Get it in writing” is a common refrain from lawyers. Not getting it in writing is a mistake I have seen too many clients make. When an individual or company engages an independent contractor or consultant to create…more
| Commercial Law & Contracts, Intellectual Property

FICA Tax Imposed on Compensation That Will Never Be Received

FICA tax is normally collected through withholding at the time the underlying compensation (“wages”) is received. Under a special rule in the Internal Revenue Code, however (the “special timing rule”), FICA with respect to…more
| Bankruptcy, Labor & Employment Law, Taxation

Dispelling Employment Myths Series – Issue 3: 15 Minute Breaks

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the group…more
| Labor & Employment Law

Fourth Circuit Clarifies that Bankruptcy Proceedings Need Not Defeat Your Unperfected Mechanics Lien

The statutory mechanics lien is a powerful tool for contractors and suppliers aggrieved by an owner or prime contractor who fails or refuses to pay. Before a mechanics lien may be enforced, the Code of Virginia mandates that it…more
| Bankruptcy, Civil Procedure, Construction Law, Real Estate - Residential

Dispelling Employment Myths Series – Issue 2: Non-Compete Agreements

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the group…more
| Labor & Employment Law

A Congressional Response to Marx v. General Revenue Corp.

The case of Marx v. General Revenue Corp. is garnering even more attention. In December of 2011, the 10th Circuit affirmed the decision of the trial court that awarded costs to a prevailing defendant in a Fair Debt Collections…more
| Civil Remedies, Elections & Politics, Finance & Banking, Consumer Protection
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Areas of Practice
  • Administrative Law
  • Appellate Practice
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Number of Attorneys

25-50 Attorneys

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