Womble Carlyle Sandridge & Rice, LLP

March (Appellate) Madness

It has been a few months since we updated on the O’Bannon antitrust case, where federal judge Claudia Wilken ruled last summer that the NCAA’s amateurism rules violated federal antitrust laws. But this week, as the rest of the…more

Antitrust Litigation, Antitrust Provisions, Athletes, College Athletes, NCAA

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A Peek at the Horizon: Six Questions, Six Answers

Recently, I was honored when Kevin McMurdo of McMurdo Consulting approached me to do a video interview to discuss professional sales leadership in the legal services industry. I greatly appreciate Kevin giving me a platform. I…more

Law Practice Management, Marketing, Professional Services Companies, Young Lawyers

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Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank

In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC. This time, the…more

American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Dodd-Frank

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NC Begins Work On Patent Troll Bill

Recently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session. A copy of the bill may be found here. The…more

Extortion, Patent Infringement, Patent Trolls, Proposed Legislation

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FDA Gives Food Industry Three Years to Phase Out Partially Hydrogenated Oils from Food Products

On June 16, 2015, the Food and Drug Administration ("FDA") issued a declaratory order, requiring a phasing out of the use of partially hydrogenated oils ("PHOs"). In its order, the FDA stated that partially hydrogenated oils are…more

FDA, FFDCA, Food Manufacturers, GRAS, New Guidance

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More Changes to U.S. Patent Laws Coming From Implementation of 2012 Treaties Act

While much attention has been given to the recent, significant changes in U.S. patent law arising from the America Invents Act (“AIA”), lesser attention has been given to patent law changes brought about by further congressional…more

America Invents Act, Patent Applications, Patent Reform, Patents, PLTIA

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Removal to Federal Court Based on Diversity Jurisdiction: How Long Do You Have?

Complaints filed in state court routinely allege only damages “in excess of $10,000.” If you’re a defendant considering removal to federal court based on diversity, such an allegation doesn’t meet the $75,000 amount in…more

Car Accident, Diversity Jurisdiction, Jurisdiction, Removal, Trucking Industry

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A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation…more

CID, Eleventh Amendment, Enforcement, False Claims Act, Federal Student Aid

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North Carolina Legislature Uncovers "Hidden Liens"

Executive Summary: North Carolina implements “lien agent” law for construction projects. The North Carolina General Assembly recently enacted significant changes to North Carolina's mechanics lien laws. These changes…more

Land Titles, Lien Agents, Liens, Mechanics Lien, Mortgages

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What is Done is Done – and Cannot be Undone

Lady Macbeth tells her troubled husband, “What is done is done” and later says to herself “and cannot be undone.” This is the outcome in Hillcrest Property, LLP v. Pasco County, 754 F. 3d 1279 (11th Cir 2014) and apparently the…more

Building Permits, Due Process, Local Ordinance, Real Estate Development, Statute of Limitations

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Healthcare Alert: Better Late than Never - The Sunshine Act Final Regulations are Finally Here!: Applicable Manufacturers

“Applicable Manufacturers” - Common Ownership Considered to be Ownership by the Same Individuals or Entities of 5 Percent or More in Two Entities - In the Final Rule, CMS defines “applicable manufacturer” as an entity…more

Applicable Manufacturers, CMS, Final Rules, Medicare, Reporting Requirements

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Selling Products Outside the US? If Yes, New Patent Laws are Available to Streamline International Design Protection

In recognition of ever growing cross-border sales, the U.S. recently expanded its design protection laws to make it easier to file a single application in multiple jurisdictions. Read on if you deal with products that could…more

Design Patent, Hague Agreement, Industrial Design, International Treaties, New Legislation

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Womble Carlyle Legislative Update - May 18th

House Budget - It was a week of herding cats for the House Leadership as they worked their budget through caucus, subcommittees, caucus, committee, caucus, then caucus again, caucus again, and caucus yet again, then an…more

Appropriations Bill, General Assembly, Pending Legislation

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Be Careful What You Wish For: SEC Permits Company Disclosures Via Social Media If Regulation FD Requirements Are Met

Last week, the Securities and Exchange Commission issued a report clarifying that companies can use social media channels, such as Facebook and Twitter, to disseminate material nonpublic company information under Regulation Fair…more

Facebook, Investors, Netflix, Public Disclosure, Reed Hastings

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A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA Breach Notification Rule

Changes to the HIPAA Breach Notification Rule - Background: The HITECH Act required Covered Entities to notify individuals, HHS, and in some cases, the media, of a Breach of Unsecured PHI. A Business Associate is required…more

Business Associates, Covered Entities, Data Breach, HIPAA, HIPAA Omnibus Rule

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Broadcast Client Advisory: Proposed FY 2015 Regulatory Fees

The FCC has announced its proposed regulatory fees for Fiscal Year 2015. Rather remarkably, for the second year in a row radio fees are not to increase, although most television fees are to rise modestly. A list of the planned…more

FCC, Fees, Radio Stations, Television Broadcast Stations

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Practical Claim and Specification Drafting, Following Williamson v. Citrix

Patent claims that use so-called “nonce words” in lieu of means plus function language can be correctly construed as applying the equivalent of means plus function language under 35 USC §112, sixth paragraph, and can be…more

Claim Construction, Drafting Attorney, Means-Plus-Function, Patent Invalidity, Patents

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O’Bannon Decision Could Open the Door to Significant Changes in Collegiate Athletics

Since Judge Claudia Wilken’s recent ruling in O’Bannon et al. v. NCAA et al., Case No. 4:09-cv-03329 (N.D.Ca.), in which the judge called the NCAA a “cartel” that restrains the college athletics market, many commentators have…more

Athletes, Class Action, College Athletes, Injunctions, Licensing Rights

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FTC Seeks to Secure First Disgorgement in Nearly a Decade

The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the…more

Antitrust Investigations, Corporate Counsel, Disgorgement, FTC, Pharmaceutical

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Georgia District Courts Gain Four Judges -- Three in the Northern District and One in the Middle District

In votes held last night and last Thursday, the U.S. Senate confirmed four judicial appointees for the Georgia district courts, a welcome sight for the federal bench and bar. The Northern District in particular had been in need…more

Judges, Judicial Appointments

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Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving…more

Auto Manufacturers, Contractors, False Claims Act, Federal Contractors, Fifth Amendment

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Specialty Surfaces Alleges Patent Infringement by Deluxe Athletics

On August 21, 2014, Pennsylvania-based Specialty Surfaces International, Inc. (“SSI”) filed a complaint against Georgia-based Deluxe Athletics, LLC (“Deluxe Athletics”) alleging infringement of U.S. Patent No. 5,976,645 (the…more

Patent Infringement, Patent Litigation, Patents

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FCC Fines AT&T $100,000,000 for Violation of Transparency Rule

In a recent enforcement action, the FCC fined AT&T $100,000,000 for violations of the Open Internet Transparency Rule (“Transparency Rule”). The Notice of Apparent Liability (“NAL”) for Forfeiture and Order stated that AT&T…more

AT&T, Broadband, Corporate Fines, Data Plan, FCC

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How Monsanto Applies to Nonagricultural Biotechnology

The facts behind the Supreme Court’s recent ruling in Monsanto v. Bowman are simple enough. Farmers are able to buy soybeans containing Monsanto’s patented glyphosate resistance technology under a license that permits them to…more

Biotechnology, Bowman v Monsanto, Genetically Engineered Seed, Monsanto, Patent Exhaustion

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United States Supreme Court Holds that Order Denying Plan Confirmation Is Not Immediately Appealable

On May 4, 2015, the Supreme Court for the United States unanimously held that an order denying confirmation of a plan is not a “final” order subject to immediate appeal as a matter of right. Although the Bullard decision…more

Appeals, Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Bullard v Blue Hills Bank

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Individual Contribution Limits Increased for 2015 -2016 Election Cycle

On February 3rd, the Federal Election Commission increased the amounts that individuals and certain PACs can contribute in the 2015-16 election cycle. The most significant change is that individuals may now give $2700 per…more

Campaign Contributions, Federal Election Commission, Lobbyists, PACs, Political Contributions

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Once Again, the Supreme Court Upsets Precedent in Fourth and Eleventh Circuit

As we reported in our March 11, 2014 article, the Eleventh and Fourth Circuit Court of Appeals definitively rejected the “continuing breach” theory in recent disputes involving statute of limitations deadlines in ERISA cases…more

401k, Appeals, Benefit Plan Sponsors, Breach of Duty, ERISA

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NC Takes a Big Leap: “Opportunity to Misappropriate” Trade Secrets Enough for a PI

In last month’s Horner v. McKoy decision, the North Carolina Court of Appeals appeared to lower the evidentiary threshold needed to obtain a preliminary injunction preventing the inevitable disclosure of trade secrets. The…more

Food Labeling, Food Manufacturers, Inevitable Disclosure Doctrine, Misappropriation, Trade Secrets

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A Cautionary Tale Under Code § 409A: Case Evidences IRS' Willingness To Seek 409A Penalties For Discount Options

The United States Court of Federal Claims recently issued an opinion confirming that § 409A of the Internal Revenue Code of 1986 applies in the context of discount stock options. The case, Sutardja v. United States, is one of…more

Discount Stock Options, IRS, Penalties, Section 409A, Stocks

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Spoken in Your Office, Read in the Courtroom: What Corporate Officers and Trustees Need to Know About the Waiver of the Attorney-Client Privilege in Bankruptcy

The corporate bankruptcy process, where the roles of various stakeholders and parties in interest can change drastically throughout the case, presents unique challenges for the application of the attorney-client privilege. One…more

Attorney-Client Privilege, Commercial Bankruptcy

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How Monsanto Applies to Nonagricultural Biotechnology

The facts behind the Supreme Court’s recent ruling in Monsanto v. Bowman are simple enough. Farmers are able to buy soybeans containing Monsanto’s patented glyphosate resistance technology under a license that permits them to…more

Biotechnology, Bowman v Monsanto, Genetically Engineered Seed, Monsanto, Patent Exhaustion

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Spoken in Your Office, Read in the Courtroom: What Corporate Officers and Trustees Need to Know About the Waiver of the Attorney-Client Privilege in Bankruptcy

The corporate bankruptcy process, where the roles of various stakeholders and parties in interest can change drastically throughout the case, presents unique challenges for the application of the attorney-client privilege. One…more

Attorney-Client Privilege, Commercial Bankruptcy

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Field Set for NC Supreme Court Races

In November, North Carolina voters will select the individuals who will hold of the majority of the seats on the Supreme Court of North Carolina until 2022. Four of the seven seats on the Supreme Court are up for grabs and…more

Political Campaigns

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ICANN To Provide Trademark Clearinghouse to Assist Brand Owners With Protecting Their Rights at the New gTLDS

ICANN, the international agency responsible for oversight of the domain name system, is scheduled to make an unknown number of new generic Top-Level Domain Names (“New gTLDs”) available in mid-2013. The process to roll out the…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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FCC Fines AT&T $100,000,000 for Violation of Transparency Rule

In a recent enforcement action, the FCC fined AT&T $100,000,000 for violations of the Open Internet Transparency Rule (“Transparency Rule”). The Notice of Apparent Liability (“NAL”) for Forfeiture and Order stated that AT&T…more

AT&T, Broadband, Corporate Fines, Data Plan, FCC

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As Intern Season Approaches, Remember That Unpaid Internships Can Be Risky

Right now, many organizations are getting ready for a new class of interns to arrive in May when schools and colleges finish for the summer. With fully laudable intentions, many organizations offer summer internships as a…more

FLSA, Hiring & Firing, Internships, Students, Unpaid Interns

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DOJ Criminal Chief Warns Financial Institutions about Bitcoin

On June 26, 2015 at the ABA National Institute on Bitcoin and Other Digital Currencies, Assistant Attorney General Leslie Caldwell sent a targeted warning to financial institutions that deal with Bitcoin and other virtual…more

Bitcoin, Chief Compliance Officers, Criminal Prosecution, DOJ, Enforcement

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NC Supreme Court Reminds Court of Appeals That Typical Lender-Borrower Relationship is Not a Fiduciary One

The North Carolina Supreme Court recently reaffirmed that a run-of-the-mill lender and borrower are not fiduciaries, reversing the Court of Appeals decision that would have this issue to go to the jury. The case is Dallaire v…more

Bank of America, Borrowers, Fiduciary Duty, Lenders, Refinancing

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New Patent Law to Create “First to File” Rule on March 16th

As we begin a new year, we wanted to bring you up to date on the most recent happenings in the patent world. I'm sure you have seen the publicity in the past year concerning changes in the patent laws, sometimes referred to as…more

America Invents Act, First-to-File, Patents

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Ticking time bomb in your office lease?

Benjamin Osgood, of the Tenant Advocate, brings up a good point that I've noticed becoming MUCH more of an issue lately -- restoration provisions obligating the tenant to return the space to the condition in which they received…more

Commercial Leases, Commercial Tenants, Contract Terms, Landlords

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Guests Laura DeVivo and Angel Sams Explain the N.C. General Assembly's Recently-Concluded and Critical "Crossover" Period

The "crossover" period has just ended in the North Carolina General Assembly, which is an inflection point for pending bills in each session. Here with a wonderful explanation of what "crossover" means, both technically and…more

Legislative Process

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Don’t Be Late! Business Court Closes Its Doors at 5:00 P.M. – or is it 4:00 P.M.?

Wednesday’s ruling in Carter v. Clements Walker PLLC is a cautionary tale for lawyers using the Business Court’s unique electronic filing system. Judge Gale dismissed an appeal for missing the 5:00 p.m. filing deadline by…more

Business Court Division, E-Filing, Filing Deadlines

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HB 663 - Legal Zoom tries to get a safe toehold in NC

Amending the Practice of Law - On Thursday the Senate Judiciary I committee approved a bill that amends Chapter 84-2.1 regarding the practive of law. Chairman Goolsby proposed the new language which creates a safe haven…more

Legal Zoom, Pending Legislation, Safe Harbors, Unauthorized Practice of Law, Young Lawyers

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DOJ Criminal Chief Warns Financial Institutions about Bitcoin

On June 26, 2015 at the ABA National Institute on Bitcoin and Other Digital Currencies, Assistant Attorney General Leslie Caldwell sent a targeted warning to financial institutions that deal with Bitcoin and other virtual…more

Bitcoin, Chief Compliance Officers, Criminal Prosecution, DOJ, Enforcement

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VitaminsOnline.com Files False Advertising Action Over Competitor's Online Dietary Supplement Offerings and Claims

On May 6, 2014 VitaminsOnline, Inc., a Delaware corporation (“VOI”), filed a complaint against Dynamic Industries, LLC, a Nevada limited liability company, and Christopher Wilson, a resident of Georgia (collectively “Dynamic”),…more

Advertising, Dietary Supplements, False Advertising, FDA, Lanham Act

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Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended were…more

Confidential Information, Contractors, Corporate Counsel, Defense Contracts, False Claims Act

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Pilfered Funds & The FCC’s Online Political Public File Rule: The Law Of Unintended Consequences

In recent months, a number of media buyers have had funds stolen from their bank accounts. Even after repeatedly opening and closing accounts to stop the theft, tens of thousands of dollars have been diverted to accounts across…more

Cybersecurity, Data Breach, Data Protection, FCC, Political Public File Rule

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N.C. General Assembly Is Actively Revisiting Riparian Buffer Rules

What are Riparian Buffers? - Riparian buffers are vegetated areas next to water resources that protect water quality, bank stabilization from erosion, and aquatic and wildlife habitat. The USDA Forest Service defines a…more

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Want to Register Your Database Copyright? Use Paper-Based Application…For Now

While data and other facts do not qualify for copyright protection, their aggregation into databases can be registered in the United States Copyright Office if the selection, coordination and arrangement of data is original and…more

Copyright, Copyright Office, Filing Requirements

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Obligation to Enforce Arbitration under FAA Policy Trumps Motion to Prevent Enforcement of “Clearly Void” Non-Competition Agreement

On May 20, 2015, Judge Dudley H. Bowen of the United States District Court for the Southern District of Georgia, entered an order denying the Motion for Preliminary and Permanent Injunction filed by one of the plaintiffs…more

Federal Arbitration Act, Franchise Agreements, Non-Compete Agreements, Restrictive Covenants

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FDA Gives Food Industry Three Years to Phase Out Partially Hydrogenated Oils from Food Products

On June 16, 2015, the Food and Drug Administration ("FDA") issued a declaratory order, requiring a phasing out of the use of partially hydrogenated oils ("PHOs"). In its order, the FDA stated that partially hydrogenated oils are…more

FDA, FFDCA, Food Manufacturers, GRAS, New Guidance

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Don't Name Your Furniture Store After A Grocery Store

On May 14, 2015, Aldi Inc., the grocery store chain, sued Aldis Furniture Inc. for contempt of a 2002 consent decree. See Aldi Inc. v. Aldsi Furniture Inc., et al., 2:15-cv-2696 (N.D. Ill.). The parties tussled before and the…more

Grocery Stores, Retailers, Trademark Infringement, Trademarks

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SEC Finalizes NYSE and NASDAQ Rules Regarding Compensation Committee and Compensation Adviser Requirements

Earlier this month, the Securities and Exchange Commission (the “SEC”) finalized rules approving the New York Stock Exchange LLC (“NYSE”) and The NASDAQ Stock Market LLC (“NASDAQ”) proposals regarding compensation committee…more

Compensation Committee, Compliance, Independence Rules, Nasdaq, NYSE

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Contact


Greensboro/Winston-Salem, North Carolina Area, United States


Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Georgia
  • Maryland
  • North Carolina
  • South Carolina
  • Virginia
Number of Attorneys

100+ Attorneys

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