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Williams Mullen Center
200 South 10th Street, Suite 1600
Richmond, VA 23219, United States
Phone: 804.420.6000
Fax: 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

Trump Administration Suspends Premium or Expedited Processing of All H-1B Petitions!

On April 3, 2017, the Trump Administration Will Suspend for up to 6 Months All Expedited or Premium Processing of H-1B Petitions. This is the latest in a series of changes or attempted changes to immigration policies and…more

H-1B, Trump Administration, USCIS

See all updates »

Trump Administration Releases Blueprint of Tax Reform

On April 26, 2017, the Trump Administration announced a blueprint of tax reform principles that is described as “The Biggest Individual and Business Tax Cut In American History.” The Administration identified four goals for tax…more

Corporate Taxes, Income Taxes, Tax Deductions, Tax Rates, Tax Reform

See all updates »

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 »

Global Cyber Attack Highlights Need for President Trump’s Executive Order

Many companies from around the globe are continuing their recovery efforts after a massive ransomware attack affected hundreds of thousands of computers across various industries and throughout several nations. Ransomware is a…more

Cyber Attacks, Cybersecurity, Executive Orders, Hackers, Incident Response Plans

See all updates »

Geofencing and Geotracking: Navigating Legal and Privacy Concerns for Employers

The more that technology evolves, the easier it has become for employers of all sizes and across various industries to monitor their employees with tracking technology. Indeed, a 2012 study by technology research firm Aberdeen…more

Construction Industry, Employee Privacy Rights, Employee Tracking, Employer Liability Issues, GPS

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Trump’s Budget Proposal: Increased Spending for Health Care Fraud Enforcement

Last week, President Donald J. Trump released his first proposed budget. Amidst headline making cuts to agencies such as the Environmental Protection Agency, the State Department and the Department of Agriculture and spending…more

Federal Budget, Fraud and Abuse, Healthcare Fraud, HHS, Trump Administration

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The Dennis Decision: A Shot Across the Bow for Hospitals

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the City…more

Breach of Contract, Confidential Information, Contract of Adhesion, Counterclaims, Debt Collection

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

See all updates »

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

See all updates »

Money, Dirt and Steel: Year End 2016

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action…more

Anti-Alienation Provisions, Color of Title, Condominium Associations, Easements, Foreclosure

See all updates »

Fourth Circuit Applies Spokeo to Vacate $11.7 Million Class Action Judgment

The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing requirement…more

Article III, Class Action, Class Representatives, Corporate Counsel, Credit Reports

See all updates »

In Halo Electronics v. Pulse Electronics, Supreme Court Strikes Down Seagate Test for Enhanced Damages Under Section 284 of the Patent Act.

Patent infringement plaintiffs and defendants alike fret over enhanced damages: Section 284 of the Patent Act, the basis for enhanced damages, provides that a court may grant a damages award up to three times actual damages. On…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Judicial Discretion, Patent Infringement

See all updates »

FAA Issues Final Rule for Operators of Drones (Small UAS) – Part 107

On June 21, 2016, the Federal Aviation Administration (FAA) issued its final rule on how businesses may use small unmanned aircraft systems (UAS). The rule, which is commonly known as Part 107, is expected to take effect in late…more

Commercial Use, Drones, Federal Aviation Administration (FAA), Final Rules, Pilots

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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

See all updates »

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

See all updates »

“High Volatility” - How Can Banks Avoid Having Loans Classified as HVCRE?

Where did the HVCRE rules come from? In the wake of the 2008 financial crisis, international banking regulators determined that banks were not sufficiently well-capitalized and published the Basel III Capital Accords in…more

Basel III, FDIC, Financial Crisis, Financial Regulatory Reform, HVCRE Loans

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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

See all updates »

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 »

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

See all updates »

[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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Stock: Are Your Interests Perfected in the Digital Age?

In a secured loan transaction, it is critical for you, as the secured lender, to ensure that your security interest in the collateral is perfected in accordance with the Uniform Commercial Code (UCC) requirements. In the case of…more

Collateral, Perfected Security Interest, Secured Notes, Stocks, UCC Financing Statements

See all updates »

SALT Alert: North Carolina Enacts New Administrative Procedure to Challenge Statute Of Limitations Determinations in Tax Cases

On June 30, 2016, Governor McCrory signed House Bill 533 into law as S.L. 2016-76. The legislation provides a new administrative procedure for a taxpayer to seek review of a North Carolina Department of Revenue (“Department”)…more

Administrative Hearings, Administrative Review, ALJ, Governor Pat McCrory, Judicial Review

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IRS Announces Amendment Period for 403(b) Plans, Proposes to Allow Forfeitures to Fund QNECS and QMACs

The Internal Revenue Service recently issued a long-awaited Revenue Procedure regarding compliance for 403(b) plans and also offered flexibility to employers to fund employer contributions to their 401(k) plans with…more

401k, 403(b) Plans, Benefit Plan Sponsors, Forfeiture, IRS

See all updates »

Legislative Solutions: 2017 Virginia Legislative Recap

The following is a summary of key legislation impacting the health care industry in Virginia. Reforming or Repealing Virginia’s Certificate of Public Need Program - The study of the COPN process continues - A…more

Affordable Care Act, Certificate of Need, Health Care Providers, Medicaid, Medicare

See all updates »

The Seventh Circuit’s Big Decision: Sexual Orientation Discrimination Is Prohibited By Title VII

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal…more

Civil Rights Act, EEOC, Employer Liability Issues, En Banc Review, Sex Discrimination

See all updates »

D.C. Circuit Court Limits EPA’s Sham Recycling Rule

The United States Court of Appeals for the District of Columbia Circuit recently rejected portions of an EPA rule designed to distinguish true recycling from “sham recycling” under the Resource Conservation and Recovery Act…more

American Petroleum Institute, Appeals, EPA, Hazardous Waste, Industrial Products

See all updates »

The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment tax…more

Energy Sector, Energy Tax Incentives, Historical Rehabilitation, Income Taxes, Investment Property

See all updates »

2016: A Busy Year for the Supreme Court of Virginia, Including 2 Significant Decisions for the Construction Industry

If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask why?…more

Appeals, Bench Trial, Claims Limitations Period, Construction Defects, Construction Industry

See all updates »

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 »

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

See all updates »

New Nondiscrimination Rules Impact Health Care Providers and Health Plans

Earlier this year, the Department of Health and Human Services (“HHS”) finalized regulations under Section 1557 of the Patient Protection and Affordable Care Act (the “ACA”). Section 1557 prohibits certain “covered entities”…more

Affordable Care Act, Covered Entities, Medicare, Non-Discrimination Rules

See all updates »

Benefit and Contribution Limits for 2017

The Commissioner of Internal Revenue announced the 2017 dollar limitations for benefits and contributions that apply to retirement and cafeteria plans. Some limits have increased while others remained the same. The Social…more

Cafeteria Plans, IRS, Retirement Plan

See all updates »

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 Company (LLC), Operating Agreements

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[Event] Long-Term Care Conference - October 18th, Richmond, VA

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,…more

CEOs, CFOs, COOs, Employer Liability Issues, Events

See all updates »

IRS Allows Same-Sex Spouses to Recover Certain Transfer Tax Exemptions

The Internal Revenue Service recently released IRS Notice 2017-15 to provide special procedures for spouses in a same-sex marriage, or the executor of a same-sex spouse, to recalculate their gift and estate tax applicable…more

Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption, IRS, QTIP Trusts

See all updates »

Another Key to HIPAA Compliance – Have Policies and Procedures and Implement Them, Too

On this blog, we have discussed the criticality of risk analyses – the assessment required by the Security Rule of the “risks and vulnerabilities” that an organization faces with respect to all of its electronic protected health…more

Business Associates, Covered Entities, HIPAA, OCR, PHI

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Treasury, IRS Deem 2704 Proposed Regulations Put Undue Burden on Taxpayers

The U.S. Department of the Treasury and the IRS, in Notice 2017-38, have identified the proposed regulations (the “Proposed Regulations”) under § 2704 of the Internal Revenue Code as potentially imposing an undue burden on U.S…more

Executive Orders, Internal Revenue Code (IRC), IRS, Proposed Regulation, Public Comment

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Stock: Are Your Interests Perfected in the Digital Age?

In a secured loan transaction, it is critical for you, as the secured lender, to ensure that your security interest in the collateral is perfected in accordance with the Uniform Commercial Code (UCC) requirements. In the case of…more

Collateral, Perfected Security Interest, Secured Notes, Stocks, UCC Financing Statements

See all updates »

Trump Administration Releases Blueprint of Tax Reform

On April 26, 2017, the Trump Administration announced a blueprint of tax reform principles that is described as “The Biggest Individual and Business Tax Cut In American History.” The Administration identified four goals for tax…more

Corporate Taxes, Income Taxes, Tax Deductions, Tax Rates, Tax Reform

See all updates »

Benefit and Contribution Limits for 2017

The Commissioner of Internal Revenue announced the 2017 dollar limitations for benefits and contributions that apply to retirement and cafeteria plans. Some limits have increased while others remained the same. The Social…more

Cafeteria Plans, IRS, Retirement Plan

See all updates »

Biosimilar “Patent Dance” Does Not Permit Sidestepping of 180-Day Notice

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) unanimously ruled in Amgen v. Apotex that biosimilar makers must provide brand-name rivals with a 180-day notice only after receipt of approval…more

Amgen, Apotex, Biosimilars, BPCIA, Commercial Marketing

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DOJ Sues to Enjoin Two Large Health Insurer Mergers

In July 2015, health insurer mergers were announced between Anthem and Cigna and between Aetna and Humana. The effect of these mergers would elevate Anthem/Cigna to the #1 rank in size among national health insurers…more

Aetna, Anthem Insurance, Antitrust Provisions, CIGNA, DOJ

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CFPB Issues Proposed Rules Regulating Payday, Vehicle Title and Other Loans, as Permitted by Dodd-Frank

On Friday, July 22, 2016, the Consumer Financial Protection Bureau (the “Bureau”) published proposed rules and a request for public comment in the Federal Register to establish a new consumer regulation, 12 CFR 1041, which would…more

CFPB, Payday Loans, Proposed Regulation, Public Comment, Title Loans

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Votes Cast on North Carolina’s 2018 State Medical Facilities Plan

North Carolina’s State Health Coordinating Council (SHCC) met Wednesday, June 7, 2017, in Raleigh to cast its votes on the 2018 Proposed State Medical Facilities Plan. Mandy K. Cohen, MD, MPH, the recently appointed Secretary of…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals

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The Evolving Internet of Things and Its Risks for Business Consumers

The recent distributed denial of service (“DDOS”) attack on domain name service provider Dyn is likely to result in greater scrutiny by regulators and lawmakers of the potential risks associated with the increasing use of the…more

Cyber Attacks, Cybersecurity, Denial of Service Attacks, Distributed Denial of Service, Domain Names

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U.S. Department of Justice Recovered More Than $4.7 Billion From Civil False Claims Act Cases in 2016

On December 14, 2016 the United States Department of Justice made its annual announcement of the amount of money recovered in civil False Claims Act settlements and judgments in Fiscal Year 2016…more

Civil Monetary Penalty, DOJ, Enforcement Statistics, False Claims Act (FCA), Healthcare

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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

See all updates »

Department of Labor Mandates Updates to Employee Rights Posters

Both the Employee Rights Under the Fair Labor Standards Act (“FLSA”) poster and the Employee Rights Polygraph Protection Act poster that employers are required to post have been revised recently. The Department of Labor mandated…more

DOL, FLSA, Posting Requirements

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ITAR Guide for the Firearms Industry

The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. However there is another important area of regulation that applies to the firearms industry as…more

EAR, Export Controls, Firearms, ITAR, US Munitions List

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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

See all updates »

Economic and Job Growth for NC Distilleries – House Bill 460 / Senate Bill 155

One of the significant alcohol bills being considered by the North Carolina General Assembly during the 2017 legislative session is the Economic and Job Growth for NC Distilleries bill. Also known as the “brunch bill” in the…more

Distilleries, General Assembly, Pending Legislation

See all updates »

RCRA Corrective Action Liability: Can it be Imposed on a Company that Never Owned or Operated the Facility?

The North Carolina Court of Appeals recently issued a ruling that will have a significant impact on business transactions involving property subject to a permit or corrective action obligations under the Resource Conservation…more

Appeals, Corrective Actions, Environmental Liability, Hazardous Waste, Manufacturers

See all updates »

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

See all updates »

2017 Brings Big Changes for Off-Campus Provider-Based Facilities

Historically, the Centers for Medicare and Medicaid Services (CMS) has reimbursed items and services furnished by provider-based departments (PBDs), both on and off campus, under the Medicare Hospital Outpatient Prospective…more

CMS, Grandfathering Rules, Healthcare Facilities, Hospitals, Off-Campus Departments

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Money, Dirt and Steel: Spring 2017

When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be…more

Arbitration, Commercial Leases, Construction Industry, Employee Definition, Foreclosure

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How to Negotiate a Lease to Protect Your Business: Top 10 Tips for Retail Tenants

Below is a key list of 10 tips that retail tenants should consider when negotiating their commercial lease agreements. Hire a Broker - Other than consulting an attorney, hiring a knowledgeable commercial real estate…more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Negotiations, Contract Terms

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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

See all updates »

The Dennis Decision: A Shot Across the Bow for Hospitals

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the City…more

Breach of Contract, Confidential Information, Contract of Adhesion, Counterclaims, Debt Collection

See all updates »

Virginia Imposes Fees for Requests for Certain Actions by the Departments

Starting July 1, 2017, taxpayers that request an “Offer in Compromise with respect to doubtful collectability under Sec. 58.1-15, a Ruling Letter from the Commissioner under Sec. 58.1-203, a local tax advisory opinion under Sec…more

Business Taxes, Corporate Taxes, Filing Fees, Private Letter Rulings, State Taxes

See all updates »

Estate Administration Update: A Simplified Procedure for the Portability Election

Recently, the IRS issued Revenue Procedure 2017-34 (the “Revenue Procedure”), providing a simplified process for certain estates requiring an extension of time to make a portability election under § 2010(c)(5)(A) of the Internal…more

Estate Planning, Estate Tax, Internal Revenue Code (IRC), IRS, Portability

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When Are Your Subcontractor's Employees Your Employees?

In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be the “joint employers” of the subcontractor’s worker for Fair…more

Construction Industry, Employer Liability Issues, General Contractors, Joint Employers, Subcontractors

See all updates »

Assisted Living Facilities: Preparation for Regulatory Changes

The Virginia Board of Social Services (Board) is working on a comprehensive overhaul of the regulations governing assisted living facilities. The revised regulations are at the final regulations stage…more

Assisted Living Facility, Proposed Regulation, Regulatory Agenda, Secretary of HHS

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Part 2: Federal Government Contract Debriefings, The Ten Commandments, Nos. VI - X

In this blog post, we present Nos. VI - X of the Ten Commandments for Debriefings. These were developed over the years as best practices for government contractors with input from the entire spectrum of interested parties – from…more

Debriefing, Federal Acquisition Regulations (FAR), Federal Contractors, Public Procurement Policies, Request for Proposals

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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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Environmental Notes - July 2017

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the agreement…more

CERCLA, Clean Air Act, Energy Policy, EPA, EPCRA

See all updates »

Mid-Build Provider-Based Department (PBD) Attestation Filing Deadline Fast Approaching (Checklist Included)

Providers seeking to classify certain off-campus departments as “mid-build” for purposes of eligibility for Hospital Outpatient Prospective Payment System (OPPS) reimbursement must file a provider-based attestation with their…more

21st Century Cures Act, CMS, Hospitals, Off-Campus Departments, Outpatient Prospective Payment System (OPPS)

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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

See all updates »

Benefit and Contribution Limits for 2017

The Commissioner of Internal Revenue announced the 2017 dollar limitations for benefits and contributions that apply to retirement and cafeteria plans. Some limits have increased while others remained the same. The Social…more

Cafeteria Plans, IRS, Retirement Plan

See all updates »

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

See all updates »

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

See all updates »

Environmental Notes - July 2017

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the agreement…more

CERCLA, Clean Air Act, Energy Policy, EPA, EPCRA

See all updates »

ITAR For Government Contractors - Revised For Recent Amendments

Introduction. One of the most important areas of regulation for defense contractors is the International Traffic In Arms Regulations (ITAR). ITAR are the State Department controls that regulate the defense industry. Companies…more

Defense Sector, Department of Defense (DOD), EAR, Federal Contractors, ITAR

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U.S. Citizenship & Immigration Services Releases New Form I-9 Document

On November 14, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) released a new version of the Form I-9 Employment Eligibility Verification (“Form I-9”). Employers may continue to use the current Form I-9, which…more

Employment Eligibility Verification, Hiring & Firing, I-9, Required Forms, USCIS

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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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Economic and Job Growth for NC Distilleries – House Bill 460 / Senate Bill 155

One of the significant alcohol bills being considered by the North Carolina General Assembly during the 2017 legislative session is the Economic and Job Growth for NC Distilleries bill. Also known as the “brunch bill” in the…more

Distilleries, General Assembly, Pending Legislation

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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Trump Administration Suspends Premium or Expedited Processing of All H-1B Petitions!

On April 3, 2017, the Trump Administration Will Suspend for up to 6 Months All Expedited or Premium Processing of H-1B Petitions. This is the latest in a series of changes or attempted changes to immigration policies and…more

H-1B, Trump Administration, USCIS

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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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[Event] Long-Term Care Conference - October 18th, Richmond, VA

Williams Mullen's Long-Term Care Conference will provide health care executives with the latest information on how to mitigate professional liability and regulatory risks; manage employment law matters, including overtime,…more

CEOs, CFOs, COOs, Employer Liability Issues, Events

See all updates »

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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Fourth Circuit Applies Spokeo to Vacate $11.7 Million Class Action Judgment

The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing requirement…more

Article III, Class Action, Class Representatives, Corporate Counsel, Credit Reports

See all updates »

In Halo Electronics v. Pulse Electronics, Supreme Court Strikes Down Seagate Test for Enhanced Damages Under Section 284 of the Patent Act.

Patent infringement plaintiffs and defendants alike fret over enhanced damages: Section 284 of the Patent Act, the basis for enhanced damages, provides that a court may grant a damages award up to three times actual damages. On…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Judicial Discretion, Patent Infringement

See all updates »

Two Recent Cases Spotlight Ability of Third Parties to Access Facility Information

Facility owners and operators and property developers need to meet environmental permit or performance criteria, but they also face significant compliance and logistical challenges in just managing and reporting information…more

Appeals, Clean Water Act, EPA, FOIA, Recordkeeping Requirements

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State Governors Sign Cybersecurity Compact

The National Governors Association (NGA), recently announced that 38 governors had signed “A Compact to Improve State Cybersecurity.” In announcing the Compact, Virginia Governor Terry McAuliffe, outgoing chair of the NGA, cited…more

Cybersecurity, Governor McAuliffe, Governors, Interstate Compacts

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2016: A Busy Year for the Supreme Court of Virginia, Including 2 Significant Decisions for the Construction Industry

If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask why?…more

Appeals, Bench Trial, Claims Limitations Period, Construction Defects, Construction Industry

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Legislative Solutions: 2017 Virginia Legislative Recap

The following is a summary of key legislation impacting the health care industry in Virginia. Reforming or Repealing Virginia’s Certificate of Public Need Program - The study of the COPN process continues - A…more

Affordable Care Act, Certificate of Need, Health Care Providers, Medicaid, Medicare

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Benefit and Contribution Limits for 2017

The Commissioner of Internal Revenue announced the 2017 dollar limitations for benefits and contributions that apply to retirement and cafeteria plans. Some limits have increased while others remained the same. The Social…more

Cafeteria Plans, IRS, Retirement Plan

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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 Company (LLC), Operating Agreements

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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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FERC Proposes Reforms to Large Generator Interconnection

Late in 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (Proposed Rule), which contemplates revising the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma…more

Electric Generation Suppliers, FERC, Interconnections, ISOs, NPRM

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DOJ Sues to Enjoin Two Large Health Insurer Mergers

In July 2015, health insurer mergers were announced between Anthem and Cigna and between Aetna and Humana. The effect of these mergers would elevate Anthem/Cigna to the #1 rank in size among national health insurers…more

Aetna, Anthem Insurance, Antitrust Provisions, CIGNA, DOJ

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Money, Dirt and Steel: Year End 2016

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action…more

Anti-Alienation Provisions, Color of Title, Condominium Associations, Easements, Foreclosure

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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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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

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Biosimilar “Patent Dance” Does Not Permit Sidestepping of 180-Day Notice

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) unanimously ruled in Amgen v. Apotex that biosimilar makers must provide brand-name rivals with a 180-day notice only after receipt of approval…more

Amgen, Apotex, Biosimilars, BPCIA, Commercial Marketing

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Federal Court Blocks Dept. of Labor “Overtime Rules” From Taking Effect on December 1, 2016 – So, Now What?

On Tuesday, November 22, 2016, a federal court in Texas issued a Preliminary Injunction Order that effectively halted implementation of the new "overtime rules" mandated by the U.S. Department of Labor (DOL) scheduled to take…more

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

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Dissecting the Proffer Reform Bill

Virginia Code § 15.2-2303.4, the Proffer Reform Bill, went into effect on July 1, 2016. The bill was an effort by the Virginia General Assembly to overhaul localities’ proffer programs…more

Capital Contributions, Dolan v City of Tigard, Equal Protection, Exactions, General Assembly

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Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where Defendant Has Regular and Established Place of Business

The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme…more

Domestic Corporations, E-Commerce, Foreign Corporations, Forum Shopping, Non-Practicing Entities

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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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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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A Primer on Design Professionals’ Liability in Virginia

When building a construction project in Virginia, it is essential that you understand the obligations and supporting legal principles for each of the parties involved in the Project. You cannot make an informed judgment of the…more

Architects, Construction Contracts, Construction Industry, Construction Project, Contract Terms

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EPA Marks First Anniversary of TSCA Reform With Three Implementing Rules

On the first anniversary of the Frank R. Launtenberg Chemical Safety for the 21st Century Act (also known as the TSCA Modernization Act of 2015), EPA promulgated three significant rules to implement the Act. The Act stands as…more

EPA, New Rules, Risk Assessment, Toxic Substances Control Act (TSCA), TSCA Modernization Act

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Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where Defendant Has Regular and Established Place of Business

The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme…more

Domestic Corporations, E-Commerce, Foreign Corporations, Forum Shopping, Non-Practicing Entities

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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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Increase in Chemical Security Vulnerability Assessments Likely Under New DHS Standards

The Department of Homeland Security (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program identifies and regulates high-risk chemical facilities to ensure that security measures are in place to reduce the risk of…more

CFATS, Chemical Compounds, DHS, Inspections, Risk Assessment

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Geofencing and Geotracking: Navigating Legal and Privacy Concerns for Employers

The more that technology evolves, the easier it has become for employers of all sizes and across various industries to monitor their employees with tracking technology. Indeed, a 2012 study by technology research firm Aberdeen…more

Construction Industry, Employee Privacy Rights, Employee Tracking, Employer Liability Issues, GPS

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ITAR Guide for the Firearms Industry

The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. However there is another important area of regulation that applies to the firearms industry as…more

EAR, Export Controls, Firearms, ITAR, US Munitions List

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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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Is Gender Identity and Sexual Orientation Employment Discrimination Prohibited? It Depends on Whom You Ask

There have been many news stories over the past couple of years about sexual orientation and gender identity discrimination in the workplace and in schools. Yet, in none of those stories is it ever made clear what the actual…more

Discrimination, EEOC, Employer Liability Issues, Gender Discrimination, Gender Identity

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Virginia Imposes Fees for Requests for Certain Actions by the Departments

Starting July 1, 2017, taxpayers that request an “Offer in Compromise with respect to doubtful collectability under Sec. 58.1-15, a Ruling Letter from the Commissioner under Sec. 58.1-203, a local tax advisory opinion under Sec…more

Business Taxes, Corporate Taxes, Filing Fees, Private Letter Rulings, State Taxes

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No Company is an Island – Part 1: Subcontractor Affiliation

Government Contractors often determine that going it alone is not the best business decision. Whether a small business trying to break into a new industry or a large business seeking niche expertise to support a particular…more

Affiliated-Business Arrangements, Federal Acquisition Regulations (FAR), Federal Contractors, Joint Venture, NAICS

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IRS Announces Amendment Period for 403(b) Plans, Proposes to Allow Forfeitures to Fund QNECS and QMACs

The Internal Revenue Service recently issued a long-awaited Revenue Procedure regarding compliance for 403(b) plans and also offered flexibility to employers to fund employer contributions to their 401(k) plans with…more

401k, 403(b) Plans, Benefit Plan Sponsors, Forfeiture, IRS

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Legislative Solutions: 2017 North Carolina Legislative Recap

The North Carolina General Assembly is amidst its long session. Several pieces of health care legislation have been introduced, but most bills are in the beginning stages of the legislative process…more

Certificate of Need, Emergency Rooms, General Assembly, Nurses, Opioid

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