Williams Mullen

Obama Administration Announces Gift Tax Annual Exclusion Proposal

On Tuesday, March 4, 2014, the Obama administration released its FY15 Budget. At the same time, the Treasury Department issued its accompanying “Green Book” that describes various changes in tax law and the resulting revenue…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Reform

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Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and…more

Environmental Policies

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Supreme Court Reins In Qui Tam FCA Limitations But Allows Revival of Cases Initially Barred Under First-To-File Rule, Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, No. 12-1497

On May 26, 2015, the Supreme Court unanimously rejected efforts of False Claims Act (FCA) qui tam relators to use the Wartime Suspension of Limitations Act (WSLA) to extend the statute of limitations for their actions. In…more

Criminal Prosecution, False Claims Act, Federal Contractors, First-to-File, KBR (formerly Kellogg Brown & Root)

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Department of Labor Publishes Guidance on Employee Misclassification

In recent years, various initiatives and enforcement efforts on both the state and federal level have arisen in an attempt to combat the misclassification of employees as independent contractors. Misclassification occurs when an…more

Administrative Interpretation, Best Management Practices, DOL, Employee Definition, Employer Liability Issues

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OIG Targets Integrated Hospital Systems With Recommended Changes to Medicare’s 3-Day DRG Payment Window

On February 19, 2014, the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) released a report recommending two changes in the Medicare Diagnosis Related Group (“DRG”) payments…more

Healthcare, HHS, Hospitals, Medicare, OIG

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Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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Cybersecurity Standards Apply to Thee, Not Me

“If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating the causes of the recent OPM cyberattack. During a…more

Congressional Investigations & Hearings, Cybersecurity, Data Breach, Encryption, FTCA

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Supreme Court Cuts Out a Slice of the Federal Circuit’s De Novo Pie

Recently, the Supreme Court changed the standard of review the Federal Circuit must use when reviewing district court claim construction decisions in patent cases. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. ___…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Patent Litigation

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Class Action Trends in Virginia: Employment Background Reports

Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are…more

Background Checks, Class Action, Consumer Reports, Credit Reporting Agencies, Employer Liability Issues

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Sharpening the Blue Pencil: NC Court of Appeals Allows Buyer and Seller to Authorize Trial Court Reformation of Non-Competes Arising from the Sale of a Business

With its split decision in Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC, et al. (No. COA14-185), the North Carolina Court of Appeals has created a new question about the universal application of the…more

Appeals, Blue Pencil Doctrine, Corporate Sales Transactions, Non-Compete Agreements, Sale of Assets

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It’s a Bird, It’s a Plane, It’s . . . Super Priority! A Brief Primer on Purchase Money Security Interests

What is a “Purchase Money Security Interest”? A “purchase-money security interest” (or “PMSI”) is a security interest securing a “purchase-money obligation”, or an obligation incurred by a debtor to buy collateral (known…more

Collateral, Purchase Money Loans, Purchase Money Security Interest, Secured Lenders, Super Priority

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Is the Mechanic’s Lien or Bond Waiver Clause in Your Contract Enforceable in Virginia?

A new Virginia law invalidates any mechanic’s lien or payment bond waiver signed before work has commenced. The Governor recently signed new legislation into law, effective July 1, 2015, that invalidates waivers of…more

Construction Contracts, Construction Industry, Contract Disputes, Contract Terms, General Contractors

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Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

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New NLRB Election Rules Drastically Change the Playing Field

On April 15, 2015, the National Labor Relations Board’s “ambush election” rules became effective, and going forward any representation petitions filed by unions will be subject to the new rules, which drastically expedite the…more

Ambush Election Rules, NLRB, Popular, Unions

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CFPB Issues Final Rules Regulating Automobile Financing, as Permitted by Dodd-Frank

On Tuesday, June 30, the Consumer Financial Protection Bureau (the “Bureau”) published its final rule in the Federal Register to expand the definition of “larger participants” in the financial product and service markets to…more

Automotive Loans, CFPB, Dodd-Frank, Larger Participant, Lenders

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Supreme Court Rules on Plan Fiduciaries Duty to Monitor Plan Investments

In a unanimous decision, the U.S. Supreme Court held on Monday, May 18, 2015, that a plan trustee has a continuing duty to adequately monitor plan investments and remove imprudent ones. Tibble v. Edison, Int’l, 2015 BL 152750,…more

Benefit Plan Sponsors, ERISA, Fiduciary Duty, Retirement Plan, SCOTUS

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Department of Labor’s Regulatory Scheme to Extend Federal Overtime and Minimum Wage Requirements Halted

The ever changing regulatory framework for Home Care Organizations and Personal Care Providers has created an uncertain environment in which to operate. As January 1, 2015, approached, many providers began preparing to…more

Companionship Exemptions, DOL, FLSA, Home Health Agencies, Home Health Care

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Congress Passes One-Year Extension of Business and Individual Tax Provisions

On December 16, 2014, the Senate voted 76-16 to pass H.R. 5771, the Tax Increase Prevention Act of 2014 (“TIPA”), which was passed by the House by a vote of 378-46 on December 3, 2014. TIPA would extend over fifty (50)…more

Corporate Taxes, Income Taxes, Tax Extenders

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When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its…more

Bad Faith, Board of Contract Appeals, Construction Contracts, Construction Project, Contract Disputes

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Supreme Court Reins In Qui Tam FCA Limitations But Allows Revival of Cases Initially Barred Under First-To-File Rule, Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, No. 12-1497

On May 26, 2015, the Supreme Court unanimously rejected efforts of False Claims Act (FCA) qui tam relators to use the Wartime Suspension of Limitations Act (WSLA) to extend the statute of limitations for their actions. In…more

Criminal Prosecution, False Claims Act, Federal Contractors, First-to-File, KBR (formerly Kellogg Brown & Root)

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Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and…more

Environmental Policies

See All Updates »

Congress Passes One-Year Extension of Business and Individual Tax Provisions

On December 16, 2014, the Senate voted 76-16 to pass H.R. 5771, the Tax Increase Prevention Act of 2014 (“TIPA”), which was passed by the House by a vote of 378-46 on December 3, 2014. TIPA would extend over fifty (50)…more

Corporate Taxes, Income Taxes, Tax Extenders

See All Updates »

OIG Targets Integrated Hospital Systems With Recommended Changes to Medicare’s 3-Day DRG Payment Window

On February 19, 2014, the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) released a report recommending two changes in the Medicare Diagnosis Related Group (“DRG”) payments…more

Healthcare, HHS, Hospitals, Medicare, OIG

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Supreme Court Upholds ACA Premium Assistance Nationwide

This morning, the Supreme Court ruled that Affordable Care Act (ACA) premium tax credits will remain available to individuals residing in states that did not establish their own health insurance marketplaces. In King v…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, King v Burwell, Public Health Insurance Marketplace

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OIG Targets Integrated Hospital Systems With Recommended Changes to Medicare’s 3-Day DRG Payment Window

On February 19, 2014, the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) released a report recommending two changes in the Medicare Diagnosis Related Group (“DRG”) payments…more

Healthcare, HHS, Hospitals, Medicare, OIG

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U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Companies, Operating Agreements

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Fifth Circuit Court Reverses Tax Court Ruling on Fractional Interest Valuation Discounts

On September 15, the U.S. Court of Appeals for the Fifth Circuit reversed a 2013 Tax Court decision that had allowed only a nominal, 10% fractional interest discount for artwork included in a decedent’s estate…more

Appeals, Art, Asset Valuations, Beneficiaries, IRS

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Affirming the Need to Fix the Medicare Appeals Backlog: The AFIRM Act of 2015

If you are one of the many health care providers wanting to appeal a Medicare contractor’s reimbursement decision, you may need to be prepared for a long wait. Over the last few years, the backlog of appeals to the…more

ALJ, Health Care Providers, Healthcare, HHS, Medicare

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U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Companies, Operating Agreements

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Maryland’s Denial of Credit for Tax Paid in Other States Declared Unconstitutional

In a 5-4 decision, the U.S. Supreme Court, in the case of Comptroller of the Treasury of Maryland v. Wynne, 575 U.S. ____ (2015), has struck down, under the “dormant” Commerce Clause, an aspect of Maryland’s income tax laws that…more

Commerce Clause, Comptroller of the Treasury v Wynne, Dormant Commerce Clause, Double Taxation, Interstate Commerce

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CFPB Issues Final Rules Regulating Automobile Financing, as Permitted by Dodd-Frank

On Tuesday, June 30, the Consumer Financial Protection Bureau (the “Bureau”) published its final rule in the Federal Register to expand the definition of “larger participants” in the financial product and service markets to…more

Automotive Loans, CFPB, Dodd-Frank, Larger Participant, Lenders

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Supreme Court Clarifies Standing For False Advertising Claims Under The Lanham Act

In a unanimous decision, the Supreme Court on Tuesday, in the case of Lexmark Int'l, Inc. v. Static Control Components, Inc., ___ S.Ct. ___, Case 12-873 (Mar. 25, 2014), settled an open issue regarding the relevant test for…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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It’s the CON Season in North Carolina – Is Your Petition Ready?

Can your organization satisfy an unmet need by bringing a new health care resource into a North Carolina community? If your organization perceives a need that has not been recognized by our State’s health planners, now is the…more

Certificate of Need, Healthcare, Hospitals

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Political Logrolling Approved by Seventh Circuit

It has been a banner season for politically important public corruption rulings. Two weeks ago the Fourth Circuit issued its opinion upholding the conviction of former Virginia Governor Bob McDonnell. Now the Seventh Circuit…more

Appeals, Barack Obama, Campaign Contributions, Criminal Prosecution, Extortion

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Court Permits Beneficiary Designations By Telephone

In a somewhat surprising case, the US Court of Appeals for the Ninth Circuit has ruled that a participant may change his prior written beneficiary designation by a telephone call to the plan sponsor. The Becker v…more

Beneficiaries, Benefit Plan Sponsors, Retirement Plan, Xerox

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Green Certification: obtaining green certification for existing buildings in VA

On June 19, 2014, the U.S. Energy Information Administration released its preliminary results for the 2012 Commercial Buildings Energy Consumption Survey (CBECS). According to the CBECS, the United States currently has 87…more

Commercial Real Estate Market, Construction Industry, Energy Sector, ENERGY STAR Program, EPA

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OFCCP Clarifies Invitation to Self-Identify and Protected Veterans Reporting Requirements – New VETS-4212 Form

The Department of Labor’s Veterans’ Employment and Training Service (VETS) has issued its Final Rule revising its regulations implementing reporting requirements under the Vietnam-Era Veterans Readjustment Assistance Act of…more

DOL, Federal Contractors, Final Rules, OFCCP, Reporting Requirements

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Public Officials Face Greater Scrutiny in Wake of McDonnell Decision

Governor McDonnell’s attorneys put it this way: The Governor’s acts weren’t “official” because “none were any more remarkable than acts that governors unthinkingly take hundreds of times weekly for countless constituents, and …more

Appeals, Attorney Generals, Bribery, Color of Official Right, Criminal Prosecution

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Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

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North Carolina Beer Distribution Agreements

In This Presentation: - The Choice: Brewery Self Distribution or Wholesaler Distribution - The Beer Franchise Law - Goals of Distribution Agreement - Checklist for Agreement - Excerpt from The…more

Beer, Breweries, Exporters, Franchises, Retailers

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Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected…more

Arsenic, Chesapeake Bay, Clean Water Act, Clean Water Rule, DOJ

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White House Memo Will Impact How Federal Contractors Can Use Drones

There has been a great deal written about the Federal Aviation Administration’s (FAA’s) recent release of proposed regulations concerning the commercial use of Unmanned Aerial Vehicles (UAVs) – or drones. Much of what has been…more

Barack Obama, Drones, FAA, NPRM, NTIA

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Money, Dirt & Steel: Spring 2015 NC Real Property Litigation Update

MONEY: GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES - By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing the…more

Accelerated Payments, Commercial Loans, Deed of Trust, Deficiency Judgments, Eminent Domain

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Maryland’s Denial of Credit for Tax Paid in Other States Declared Unconstitutional

In a 5-4 decision, the U.S. Supreme Court, in the case of Comptroller of the Treasury of Maryland v. Wynne, 575 U.S. ____ (2015), has struck down, under the “dormant” Commerce Clause, an aspect of Maryland’s income tax laws that…more

Commerce Clause, Comptroller of the Treasury v Wynne, Dormant Commerce Clause, Double Taxation, Interstate Commerce

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Aviator Brewing Company Asks Court to Declare: MAD BEACH Beer Label Does Not Infringe California Brewery’s Beer Label

On November 17, 2014, craft brewer Aviator Brewing Company filed an action in the United States District Court for the Eastern District of North Carolina, seeking a declaration from the Court that its MAD BEACH beer label does…more

Beer, Breweries, Infringement, Popular, Trademark Litigation

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Speak Now? Sunrise Periods Closing on New gTLDs

On January 21, 2014, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that it has “delegated” more than 100 new generic Top Level Domains (gTLDs), or roughly five times the total number of gTLDs in…more

Domain Names, gTLD, Trademarks

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Benefit and Contribution Limits for 2015

The Commissioner of Internal Revenue has adjusted the dollar limitations for benefits and contributions that apply to retirement plans. The Social Security Administration has also increased the Social Security taxable wage base…more

IRS, Retirement Plan, Social Security Adminstration

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Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected…more

Arsenic, Chesapeake Bay, Clean Water Act, Clean Water Rule, DOJ

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Silence Is Not So Golden

As illustrated in the recent decision issued by the Federal Circuit Court of Appeals in Bell/Heery, a Joint Venture v. United States, No. 2013-5002, 2014 WL 43892 (Fed. Cir. Jan. 7, 2014), a contractor must carefully articulate…more

Breach of Contract, Governmental Liability

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Money, Dirt & Steel: 2014-2015 NC Real Property Litigation Update

A snapshot of noteworthy cases from the past year related to lending practices, property rights and construction in North Carolina. Money - Lending: Comprehensive waiver language in loan workout…more

Coastal Real Estate, Commercial Loans, Easements, ECOA, Fannie Mae

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Williams Mullen Construction Industry Newsletter - Winter/Spring 2015

In this Issue: - Welcome - Williams Mullen Announces Coastal Flooding Practice - Federal Government Contracts - New Challenges - Green Certification - Bankruptcy and Virginia Mechanic’s…more

Coastal Real Estate, Commercial Bankruptcy, Construction Industry, Federal Contractors, Flood Zones

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Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected…more

Arsenic, Chesapeake Bay, Clean Water Act, Clean Water Rule, DOJ

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Proposed ITAR Amendment Provides Important Benefit for Government Contractors

The Directorate of Defense Trade Controls (“DDTC”) has issued a proposed regulation under the International Traffic In Arms Regulations (“ITAR”) that will have a significant impact on government contracts firms. Under the…more

Arms Export Control Act, DDTC, Department of State, EAR, Export Controls

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The Ever-Broadening Definition of “Disability” Under the ADA Remains a Source of Anxiety for Employers

A recent decision of the U.S. Court of Appeals for the Fourth Circuit (the federal appeals court that covers Virginia, North Carolina, West Virginia, Maryland, and South Carolina) reconfirms what many employers have long…more

ADA, Appeals, Employer Liability Issues, Interactive Process, Reasonable Accommodation

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Understanding Real Estate Tax Assessment Procedures

If the locality where your company’s real property is situated went through a revaluation of real property for tax purposes effective as of January 1, 2014, your company should soon be receiving a notice of assessment. You may…more

Property Tax, Real Estate Market, Tax Assessment

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NC ABC Law Changes, How Will This Impact Your Business?

North Carolina Governor Pat McCrory signed House Bill 909 into law on June 19, 2015, which makes several significant changes to North Carolina alcoholic beverage control (“ABC”) laws. The bill includes changes to North Carolina…more

Alcohol Beverage Control, Breweries, Liquor Permits, Restaurant Industry, Wine & Alcohol

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Williams Mullen Government Relations 2014 General Elections Report

The midterm elections in North Carolina generated an immense amount of voter interest, media attention, and spending by third party groups. An overwhelming number of voters turned out, with a record 2.9 million votes cast,…more

Election Results

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Do I Really Need A Work Visa To Work In The USA?

This seems like an obvious question that only has a “YES” answer. After all, why do we have all these employment-based visa categories: H-1Bs for professionals, L-1s for intra-company transfers, E-1s and E-2s for treaty…more

Foreign Workers, H-1B, L-1 Visas, Visas

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State Attorneys General Served “home cooking” by the Supreme Court of the United States

On January 14, 2014, in Mississippi v. AU Optronics Corp., the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and cannot be…more

Attorney Generals, CAFA, Class Action, Parens Patriae, Removal

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7 Key Roles of a Successful Startup CEO

In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in various…more

Business Formation, CEOs, Legal Perspectives, Startups

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Cybersecurity: Mitigating the Legal Risks of On-Line Banking With Business Customers

On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial…more

Banking Sector, Banks, Cybersecurity, Online Banking, Popular

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Environmental Notes - May 2015

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act…more

Department of Environmental Quality, Farms, Industrial Discharges, Manufacturers, Temporary Employees

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FTC Continues its Push to Regulate the Collection and Use of Location Information

Recently, the Federal Trade Commission (FTC) announced that it had settled charges with Nomi Technologies, Inc. regarding its collection and use of information that could be used to track the movements of individuals through…more

Data Collection, FTC, Mobile Devices, Mobile Privacy, Privacy Concerns

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Fourth Circuit Cleans Up Damages Award in Paper Towel Dispute and Sets Standard for the Award of Fees in Trademark Cases

In Georgia-Pac. Consumer Products LP v. von Drehle Corp., ___ F.3d ___, 2015 WL 1404765 (4th Cir. Mar. 30, 2015), as amended (Apr. 15, 2015), the Fourth Circuit reversed a damages award and clarified the standard for damages and…more

Appeals, Damages, Exceptional Case, Georgia Pacific, Popular

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Supreme Court Ruling on Marriage of Same-Sex Couples Has Employee Benefit Plan Implications

On Friday, the Supreme Court, overturning a Sixth Circuit Court of Appeals ruling, affirmed that the Constitution requires states to permit same-sex couples to marry and to recognize such marriages legally celebrated…more

Benefit Plan Sponsors, DOMA, Employee Benefits, Employee Rights, Equal Protection

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Fourth Circuit Lowers the Bar in Title VII Harassment and Retaliation Cases

On May 7, 2015, the U.S. Court of Appeals for the Fourth Circuit (covering Virginia, North Carolina, South Carolina, West Virginia and Maryland) issued an opinion that potentially makes it easier for employees to survive summary…more

Appeals, Employer Liability Issues, Harassment, Hostile Environment, Retaliation

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U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Companies, Operating Agreements

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North Carolina Update: State Tax Developments - Spring 2014

This North Carolina update discusses significant legislative, judicial, and administrative developments in North Carolina tax laws during the period October 2013 through April 2014, including the outlook for the upcoming…more

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The OFCCP Calls a Moratorium on Enforcement Activities Against TRICARE Providers

On May 7, 2014, a Directive of the Office of Federal Contract Compliance Programs (“OFCCP”) placed a five-year moratorium on enforcement activities regarding health care providers that are TRICARE subcontractors. TRICARE is the…more

Affirmative Action, DOD, DOL, EEOC, Enforcement

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Second Amendment Rights “Out the Door” in D.C.

Despite what might be implied by this article’s title, Second Amendment rights have actually expanded in D.C. recently. Last month, in Palmer v. District of Columbia __F. Supp.2d__ (2014); 2014 WL 3702854 (D.D.C. July 24, 2014),…more

Concealed Weapons, Firearms, Licensing Rules, Second Amendment

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Department of Labor Publishes Guidance on Employee Misclassification

In recent years, various initiatives and enforcement efforts on both the state and federal level have arisen in an attempt to combat the misclassification of employees as independent contractors. Misclassification occurs when an…more

Administrative Interpretation, Best Management Practices, DOL, Employee Definition, Employer Liability Issues

See All Updates »

Understanding Real Estate Tax Assessment Procedures

If the locality where your company’s real property is situated went through a revaluation of real property for tax purposes effective as of January 1, 2014, your company should soon be receiving a notice of assessment. You may…more

Property Tax, Real Estate Market, Tax Assessment

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SBA Proposes New Mentor-Protégé Program

Recently, the Small Business Administration (SBA) published proposed regulations that will create a new universal mentor-protégé program that the SBA hopes will expand the ways in which small businesses can benefit from the help…more

Federal Contractors, Mentor-Protege Program, NDAA, Proposed Regulation, SBA

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DOL’s New Overtime Rules – How Will The Proposed Regulations Impact Your Business?

The speculation is over -- on June 30, 2015, the U.S. Department of Labor (DOL) published its long-awaited Notice of Proposed Rulemaking (NPRM) regarding overtime exemptions, after several missed release dates. The NPRM is in…more

DOL, Exempt-Employees, FLSA, Over-Time, Popular

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Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

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Health Care Providers Lacked Standing to Sue as ERISA Beneficiaries: Rojas v. Cigna Health and Life Insurance Company

The U. S. Court of Appeals for the Second Circuit has affirmed a dismissal of claims by two physicians and their medical practice asserting standing under ERISA to enjoin an insurer from removing them from its coverage network…more

Assignments, CIGNA, ERISA, Healthcare, Overpayment

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Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected…more

Arsenic, Chesapeake Bay, Clean Water Act, Clean Water Rule, DOJ

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Cybersecurity Standards Apply to Thee, Not Me

“If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating the causes of the recent OPM cyberattack. During a…more

Congressional Investigations & Hearings, Cybersecurity, Data Breach, Encryption, FTCA

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Environmental Notes - June 2015

In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling Protocol…more

CERCLA, Clean Air Act, Clean Water Act, EPA, Final Rules

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Fourth Circuit Dismisses EEOC’s Background Check Lawsuit Based on Its Reliance on “Laughable” And Unreliable Expert Report Filled With “Errors and Analytical Fallacies”

Earlier this session, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2015), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the…more

Criminal Background Checks, Dismissals, Disparate Impact, EEOC, Hiring & Firing

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Department of Labor Publishes Guidance on Employee Misclassification

In recent years, various initiatives and enforcement efforts on both the state and federal level have arisen in an attempt to combat the misclassification of employees as independent contractors. Misclassification occurs when an…more

Administrative Interpretation, Best Management Practices, DOL, Employee Definition, Employer Liability Issues

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Supreme Court Upholds Disparate Impact: What are the Practical Consequences for Mortgage Lenders?

The Supreme Court has held that disparate impact claims are valid under the federal Fair Housing Act (the “FHA”). In essence, this means that liability under the FHA can be proven by showing discriminatory effects of challenged…more

Affordable Housing, CFPB, Discrimination, Disparate Impact, FHA

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Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the United States Supreme Court addressed two securities class action issues: 1. It affirmed the validity of the…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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Supreme Court Decision Forces Many Employers to Extend Light Duty Work to Pregnant Employees

In recent years, employment attorneys and HR professionals have been anxiously discussing a series of lawsuits addressing when employers must afford light duty work to pregnant employees. In the past, courts generally held that…more

Essential Functions, PDA, Pregnancy Discrimination, Reasonable Accommodation, SCOTUS

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The Ever-Broadening Definition of “Disability” Under the ADA Remains a Source of Anxiety for Employers

A recent decision of the U.S. Court of Appeals for the Fourth Circuit (the federal appeals court that covers Virginia, North Carolina, West Virginia, Maryland, and South Carolina) reconfirms what many employers have long…more

ADA, Appeals, Employer Liability Issues, Interactive Process, Reasonable Accommodation

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Southeast State & Local Tax: Important Developments - March 2015

The Williams Mullen Southeast State and Local Tax (SESALT) team is pleased to provide you with a comprehensive recap of important tax developments around the Southeast…more

AL Department of Revenue v CSX, Corporate Taxes, Direct Mkting Association v Brohl, Franchise Taxes, Market Based Approach

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Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

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Williams Mullen Government Relations 2014 General Elections Report

The midterm elections in North Carolina generated an immense amount of voter interest, media attention, and spending by third party groups. An overwhelming number of voters turned out, with a record 2.9 million votes cast,…more

Election Results

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Contact

Williams Mullen Center 200 South 10th Street, Suite 1600
Richmond, VA 23219, United States

  • 804.420.6000
  • 804.420.6507

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • North Carolina
  • Virginia
Number of Attorneys

100+ Attorneys

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