Williams Mullen

USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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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 (FCA), 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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Judicial Solution May Force Faster Medicare Appeals

Last week, the American Hospital Association (AHA) and several hospitals were successful in convincing the U.S. Court of Appeals for the D.C. Circuit to overturn a 2014 lower court decision, possibly paving the way for a faster…more

Health Care Providers, Medicare, Medicare Administrative Contractors (MAC), Medicare Claims Appeals Process, Recovery Audit Contractors (RACs)

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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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Will Spokeo Impact Standing In Data Breach Cases?

Despite months of anticipation, the majority opinion in Spokeo, Inc. v. Robins reads more like a teacher (the Supreme Court) telling a student (the Ninth Circuit) to go back and show the work behind a long division answer before…more

Article III, Class Action, Data Breach, FCRA, Injury-in-Fact

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A Truly ‘Uniform’ Trade Secrets Statute May Not be a Pipedream for Long

A vital part of building and maintaining a business’ competitive advantage is the protection of its trade secrets – information that has “independent economic value” by being generally unknown and that the company takes…more

Confidential Information, Defend Trade Secrets Act (DTSA), Injunctive Relief, Misappropriation, Pending Legislation

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FAA to Broaden Registration of Drones in Effort to Increase Safe Operations

U.S. Transportation Secretary Anthony Foxx and Federal Aviation Administration (FAA) Administrator Michael Huerta announced a plan this week that will require all owners of small Unmanned Aircraft Systems (UAS) to register their…more

Commercial Use, Department of Transportation (DOT), Drones, Federal Aviation Administration (FAA), Registration Requirement

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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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Supreme Court Upholds North Carolina’s Blue Pencil Doctrine Impacting Non-Competes

On March 18, 2016, the North Carolina Supreme Court reasserted the state’s strict blue pencil doctrine by reversing the Court of Appeals in Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC, et al. (No…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

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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, Lenders, Purchase Money Loans, Super Priority, UCC

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Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

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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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[Event] Second Annual - Managing Risk and Legal Issues in the Education Sector - Oct. 1st, Richmond, VA

Marsh, Mercer, Ernst & Young, and Williams Mullen will hold a one-day, multi-session seminar for Virginia's private K-12, colleges, and universities. The event will address a wide range of issues currently facing the education…more

Colleges, Events, Private Schools, Risk Management, Universities

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Recently Signed North Carolina Budget Includes Important Tax Changes

Nearly three months after the beginning of North Carolina’s fiscal year, on September 18 the state General Assembly finally adopted a budget for the next two years which was signed by Governor Pat McCrory on the same…more

Corporate Taxes, General Assembly, Legislative Agendas, State Budgets, Tax Credits

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IRS Changes Direction on New Compliance Questions on Form 5500

When the Internal Revenue Service (IRS) issued a revised Form 5500 in December 2015, there were several new compliance questions on Schedules H, I, and R relating to retirement plans. The questions required responses relating…more

Form 5500, IRS, OMB, Retirement Plan, Retirement Plan Providers

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CMS Clarifies 60-Day Reporting Requirements For Medicare Parts A & B

The Centers for Medicare and Medicaid Services (“CMS”) has clarified the reporting requirements and lookback period for overpayments from Medicare Parts A and B in Final Rule 6037 (“Final Rule”), issued by CMS on February 12,…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules

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New Regulations Squash Planning Tool for Avoiding Self-Employment Tax and Related Employee Benefit Issues

Tax practitioners often face this issue: client is a limited liability company taxed as a partnership for federal income tax purposes (“LLC”), and it wants to issue equity to a current employee (“Individual”) without subjecting…more

Disregarded Entities, Employee Benefits, Income Taxes, IRS, Limited Liability Companies

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Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

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Supreme Court Hears Oral Argument in McDonnell Public Corruption Case

Last week, United States Supreme Court Justice Stephen Breyer framed the overarching issues facing the Court during oral argument in United States v. McDonnell this way: “One, political figures will not know what they’re…more

Governor McDonnell, Hobbs Act, Political Corruption, Public Officials, SCOTUS

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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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Williams Mullen FDI USA News - December 2015

FDI USA News highlights the FAQs arising from your projects—from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep FDI News interactive and relevant to your international business. This…more

Due Diligence, EB-5, Foreign Direct Investment, Trade Secrets, Visas

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CMS Clarifies 60-Day Reporting Requirements For Medicare Parts A & B

The Centers for Medicare and Medicaid Services (“CMS”) has clarified the reporting requirements and lookback period for overpayments from Medicare Parts A and B in Final Rule 6037 (“Final Rule”), issued by CMS on February 12,…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules

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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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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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Taxpayer Prevails in Family Limited Liability Company Case

In a recent taxpayer victory, the Tax Court found in favor of the taxpayer with respect to three hotly contested gift and estate planning issues involving family limited liability companies. The Tax Court decided the case of…more

Estate Tax, Family Limited Liability Companies, Gift Tax, IRS, QTIP Trusts

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Latest "Ransomware" Attack Affects Hospital Data – How Secure Are Your Patient Data?

Several high-profile attacks on health insurance companies and health systems have taught us that health care entities are vulnerable to hackers, who hope to make substantial profit on pilfered health information. The recent…more

Bitcoin, Cyber Attacks, Cyber Crimes, Data Breach, Data Security

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[Event] Spring 2016 Tax Forum - May 12th, 8:00 am, Richmond, VA

Please join us for the Spring Tax Forum to be held at the Williams Mullen Center on Thursday, May 12, 2016. Topics Include: Contributions of Property to a Partnership: An Analysis of Section 704(c) Methods Part II:…more

Events, Federal Taxes, Local Taxes, State Taxes

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[Event] Spring 2016 Tax Forum - May 12th, 8:00 am, Richmond, VA

Please join us for the Spring Tax Forum to be held at the Williams Mullen Center on Thursday, May 12, 2016. Topics Include: Contributions of Property to a Partnership: An Analysis of Section 704(c) Methods Part II:…more

Events, Federal Taxes, Local Taxes, State Taxes

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[Event] Spring 2016 Tax Forum - May 12th, 8:00 am, Richmond, VA

Please join us for the Spring Tax Forum to be held at the Williams Mullen Center on Thursday, May 12, 2016. Topics Include: Contributions of Property to a Partnership: An Analysis of Section 704(c) Methods Part II:…more

Events, Federal Taxes, Local Taxes, State Taxes

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Supreme Court Hears Oral Argument in McDonnell Public Corruption Case

Last week, United States Supreme Court Justice Stephen Breyer framed the overarching issues facing the Court during oral argument in United States v. McDonnell this way: “One, political figures will not know what they’re…more

Governor McDonnell, Hobbs Act, Political Corruption, Public Officials, SCOTUS

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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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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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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

Applications, Certificate of Need, Filing Deadlines, Health Care Providers, Healthcare Facilities

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USDOJ Beefs Up FCPA Efforts

In April, the Fraud Section of the United States Department of Justice announced several measures designed to enhance its effort to discover and prosecute violations of the Foreign Corrupt Practices Act (FCPA). See, 15 U.S.C. §§…more

Cooperation, Deferred Prosecution Agreements, DOJ, FCPA, Federal Pilot Programs

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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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Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

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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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Senators’ Gun Control Proposals Illustrate Key Tension in Federal Firearms Policy

On June 20, the Senate voted on four proposals to amend federal gun control laws. These proposals, being considered just 9 days after Omar Mateen attacked the Pulse nightclub in Orlando, actually were not expected to be enacted…more

Firearms, Gun Laws, Proposed Legislation, Second Amendment, Terrorist Acts

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The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees Who Lead Those Institutions.

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”) is…more

Colleges, Commercial General Liability Policies, Immunity, Negligence, Non-Profits

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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 and Industry Groups Challenge EPA Coal Ash Rule

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5…more

Agency Deference, Coal Ash, EPA, Final Rules, Groundwater

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FAA Issues Final Rule for Businesses to Use Drones

The Federal Aviation Administration (FAA) has issued its final rule on how businesses may use small unmanned aircraft systems (UAS), often referred to as drones. The rule, which will be commonly known as Part 107, is expected to…more

Commercial Use, Drones, Federal Aviation Administration (FAA), Final Rules, Section 333 Exemption

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Money, Dirt and Steel: Spring 2016 Newsletter

A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina - Money - FORECLOSURE: - Lender may…more

Acceleration, Arbitrators, Blue Pencil Contract Modification, Breach of Contract, Collateral Estoppel

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CMS Clarifies 60-Day Reporting Requirements For Medicare Parts A & B

The Centers for Medicare and Medicaid Services (“CMS”) has clarified the reporting requirements and lookback period for overpayments from Medicare Parts A and B in Final Rule 6037 (“Final Rule”), issued by CMS on February 12,…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules

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Virginia’s Certificate of Public Need Law is Here to Stay (For Now)

Virginia’s Certificate of Public Need (“COPN”) law has been the subject of considerable debate in the General Assembly, in the media, and in federal court. At least for now, the discussion at the judicial level has ended, with…more

Certificate of Need, Dormant Commerce Clause, Due Process, Equal Protection, Hospitals

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Southeast State & Local Tax: Important Developments - March 2016

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

Comptroller of the Treasury v Wynne, Corporate Taxes, Franchise Taxes, Income Taxes, Internal Revenue Code (IRC)

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Judicial Solution May Force Faster Medicare Appeals

Last week, the American Hospital Association (AHA) and several hospitals were successful in convincing the U.S. Court of Appeals for the D.C. Circuit to overturn a 2014 lower court decision, possibly paving the way for a faster…more

Health Care Providers, Medicare, Medicare Administrative Contractors (MAC), Medicare Claims Appeals Process, Recovery Audit Contractors (RACs)

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Online Gun Sales: E-Commerce Terms that Work, and Keep the Seller Safe

Firearms sales continue their upward trend, with National Instant Criminal Background Check System (NICS) checks indicating that 2014 sales of firearms in the United States exceeded 2012 numbers, and fell just short of 2013’s…more

ATF, Background Checks, Clickwrap Agreements, Criminal Background Checks, E-Commerce

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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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Feds Renew Focus on Worker Safety and Individual Accountability

Massey Energy CEO Donald Blankenship reported to a California prison on May 12 to begin serving a one-year sentence for willfully violating mine safety standards. His conviction was related to the deadliest United States mine…more

Convictions, Deepwater Horizon, DOJ, DOL, Environmental Crimes

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COPN Reform Efforts Delayed

Few legislative issues during the 2016 General Assembly have garnered more attention in the health care community than the efforts to reform Virginia’s Certificate of Public Need (“COPN”) process. Despite considerable effort on…more

Certificate of Need, Competition, General Assembly, Governor McAuliffe, Health Care Providers

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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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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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What We Have Here is a Failure to Communicate (in the Workplace)

For the third consecutive year, OSHA’s second most cited violation was for failure to comply with the Hazard Communication Standard (HCS). The HCS was promulgated in 1983 and requires chemical manufacturers and importers to…more

Chemicals, Hazardous Communication Standard, Hazardous Substances, Imports, Manufacturers

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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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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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Proposed New North Carolina Law Would Allow Distilleries to Sell Direct to Consumers Outside the State at the Distiller’s Price

North Carolina House Bill 169, the Regulatory Reduction Act of 2016, proposes to authorize North Carolina distilleries to “better complete nationally and internationally” through two important changes: (1) increasing the cap on…more

Alcohol Beverage Control, Interstate Commerce, Liquor, Proposed Legislation, Retailers

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Recently Signed North Carolina Budget Includes Important Tax Changes

Nearly three months after the beginning of North Carolina’s fiscal year, on September 18 the state General Assembly finally adopted a budget for the next two years which was signed by Governor Pat McCrory on the same…more

Corporate Taxes, General Assembly, Legislative Agendas, State Budgets, Tax Credits

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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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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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Target's Successful Defense To A FCRA Class Action Is Good News For Employers

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report…more

Background Checks, Corporate Counsel, FCRA, Job Applicants, Motion to Dismiss

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Air Program Malfunction Exemption Nixed, But Not Agency Discretion

Virginia’s State Air Pollution Control Board (“Board”) recently amended its regulations to remove the long-standing malfunction exemption available to regulated sources of air pollution for violations of emission limits and…more

Air Pollution, Amended Regulation, Clean Air Act, Clean Air Act Violations, Department of Environmental Quality

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FAA Issues Final Rule for Businesses to Use Drones

The Federal Aviation Administration (FAA) has issued its final rule on how businesses may use small unmanned aircraft systems (UAS), often referred to as drones. The rule, which will be commonly known as Part 107, is expected to…more

Commercial Use, Drones, Federal Aviation Administration (FAA), Final Rules, Section 333 Exemption

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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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COPN Reform Efforts Delayed

Few legislative issues during the 2016 General Assembly have garnered more attention in the health care community than the efforts to reform Virginia’s Certificate of Public Need (“COPN”) process. Despite considerable effort on…more

Certificate of Need, Competition, General Assembly, Governor McAuliffe, Health Care Providers

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Benefit and Contribution Limits for 2016

The Commissioner of Internal Revenue announced yesterday that the dollar limitations for benefits and contributions that apply to retirement plans generally will not change for 2016 because the increase in the cost-of-living…more

401k, Benefit Plan Sponsors, Contribution Limits, Employee Benefits, IRS

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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

See All Updates »

Recently Signed North Carolina Budget Includes Important Tax Changes

Nearly three months after the beginning of North Carolina’s fiscal year, on September 18 the state General Assembly finally adopted a budget for the next two years which was signed by Governor Pat McCrory on the same…more

Corporate Taxes, General Assembly, Legislative Agendas, State Budgets, Tax Credits

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FERC Urged To Revise Generator Interconnection Procedures and Agreement

It has been over twelve years since the Federal Energy Regulatory Commission (FERC) issued the pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large Generator Interconnection Agreement (LGIA) for…more

Electric Generation Suppliers, Energy Sector, FERC, Interconnections, Petition for Rulemaking

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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, Department of Defense (DOD), DOL, EEOC, Enforcement

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Money, Dirt and Steel: Spring 2016 Newsletter

A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina - Money - FORECLOSURE: - Lender may…more

Acceleration, Arbitrators, Blue Pencil Contract Modification, Breach of Contract, Collateral Estoppel

See All Updates »

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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U.S. Dept. of Labor Finally Announces Important New Overtime Rules – How Will Your Business Be Affected?

The day has arrived. After a long wait, on May 17, 2016, the U.S. Department of Labor (DOL) issued its final rule dealing with overtime exemptions under the Fair Labor Standards Act (FLSA). There were some changes from…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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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

See All Updates »

U.S. Dept. of Labor Finally Announces Important New Overtime Rules – How Will Your Business Be Affected?

The day has arrived. After a long wait, on May 17, 2016, the U.S. Department of Labor (DOL) issued its final rule dealing with overtime exemptions under the Fair Labor Standards Act (FLSA). There were some changes from…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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Fourth Circuit Rejects “Manager Rule” in Title VII Cases

In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title VII. …more

Adverse Employment Action, Anti-Retaliation Provisions, Appeals, Employer Liability Issues, FLSA

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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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Federal Court Dismisses “Excessive Fee” Claims Against Plan’s Service Provider: McCaffree Financial Corporation v. Principal Life Insurance Company

The U. S. Court of Appeals for the Eighth Circuit has affirmed the dismissal of a retirement plan’s claims against a company with whom the plan had contracted to provide the plan’s investment options. The holding in McCaffree…more

Class Action, ERISA, Excessive Fees, Failure To State A Claim, Fiduciary Duty

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EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

The Rodale Manufacturing facility in Emmaus, Pennsylvania was added to the National Priorities List in 1991 after more than 50 years of electrical component manufacturing. Operations at the facility included electroplating,…more

Consent Decrees, Contaminated Properties, DOJ, EPA, Groundwater

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Latest "Ransomware" Attack Affects Hospital Data – How Secure Are Your Patient Data?

Several high-profile attacks on health insurance companies and health systems have taught us that health care entities are vulnerable to hackers, who hope to make substantial profit on pilfered health information. The recent…more

Bitcoin, Cyber Attacks, Cyber Crimes, Data Breach, Data Security

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EPCRA 313 Reporting – FAQs

The Emergency Planning and Community Right-to-know Act (EPCRA) requires Form R reports to be filed with EPA each July 1 for each listed “toxic chemical” a facility manufactures or processes in excess of 25,000 lbs., or…more

EPA, EPCRA, Form R, Manufacturing Facilities, Reporting Requirements

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[Event] Second Annual - Managing Risk and Legal Issues in the Education Sector - Oct. 1st, Richmond, VA

Marsh, Mercer, Ernst & Young, and Williams Mullen will hold a one-day, multi-session seminar for Virginia's private K-12, colleges, and universities. The event will address a wide range of issues currently facing the education…more

Colleges, Events, Private Schools, Risk Management, Universities

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An Emboldened Labor Board Continues to Expand Union and Employee Protections

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights of…more

Ambush Election Rules, Browning-Ferris Industries of California Inc., Confidential Information, Employment Policies, Franchises

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Senators’ Gun Control Proposals Illustrate Key Tension in Federal Firearms Policy

On June 20, the Senate voted on four proposals to amend federal gun control laws. These proposals, being considered just 9 days after Omar Mateen attacked the Pulse nightclub in Orlando, actually were not expected to be enacted…more

Firearms, Gun Laws, Proposed Legislation, Second Amendment, Terrorist Acts

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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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[Event] Second Annual - Managing Risk and Legal Issues in the Education Sector - Oct. 1st, Richmond, VA

Marsh, Mercer, Ernst & Young, and Williams Mullen will hold a one-day, multi-session seminar for Virginia's private K-12, colleges, and universities. The event will address a wide range of issues currently facing the education…more

Colleges, Events, Private Schools, Risk Management, Universities

See All Updates »

USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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DOL Proposed Rule Requiring Paid Sick Leave for Employees of Federal Contractors Published Today

On February 25, 2016, the U.S. Department of Labor published its proposed rule implementing Executive Order 13706. EO 13706 was signed by President Obama in September 2015, and it requires certain federal government contractors…more

DOL, Executive Orders, Federal Contractors, Paid Leave, Proposed Regulation

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[Event] Spring 2016 Tax Forum - May 12th, 8:00 am, Richmond, VA

Please join us for the Spring Tax Forum to be held at the Williams Mullen Center on Thursday, May 12, 2016. Topics Include: Contributions of Property to a Partnership: An Analysis of Section 704(c) Methods Part II:…more

Events, Federal Taxes, Local Taxes, State Taxes

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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

See All Updates »

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
  • South Carolina
  • Virginia
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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