News & Analysis as of

Virginia

Williams Mullen

Despite a Veto, Virginia Minimum Wage Will Increase in 2025

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As you may recall from our earlier alert on the (few) upcoming changes to Virginia’s Employment Laws, several bills, including those designed to reenact scheduled increases to the minimum wage rate (HB 1 and SB 1), failed to...more

Woods Rogers

Getting Sued for Using Photos of Employees

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Are you a Virginia business that uses employee photos to promote your organization or improve employee morale? Virginia Statute 8.01-40 provides a civil action for the unauthorized use of the name, portrait or picture of any...more

Woods Rogers

The Truth Shall Set You Free: Western District of Virginia Unveils Whistleblower Pilot Program

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Much has been written in recent months about the Department of Justice’s national Whistleblower Rewards Program, including a recent article I co-authored with Mike Gill entitled 7 Strategies to Comply with the DOJ’S New...more

Troutman Pepper

Virginia Takes Action Against Retailer Selling THC Products

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On September 14, Virginia’s Attorney General (AG) Jason Miyares issued a letter to the registered agent of the Good Vibes Shop, a Radford, VA store, for selling tetrahydrocannabinol (THC) products without proper labeling and...more

Brownstein Hyatt Farber Schreck

VA Budgetary Shortfall Threatens Veteran Benefits

As Congress shifts from negotiating positions on appropriations bills to building a continuing resolution (CR) for the rest of the calendar year, the Department of Veterans’ Affairs (VA) has been left facing a nearly $15...more

Sands Anderson PC

Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

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Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se...more

Sands Anderson PC

Public-Camping Ordinances Survive SCOTUS Challenge, Providing Certainty to Local Governments Policing Illegal Camping

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Public-camping ordinances across Virginia and the United States dodged a constitutional bullet that would have prohibited criminal penalties for violations those laws if the defendant did not have adequate access to shelter. ...more

Sheppard Mullin Richter & Hampton LLP

Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be...

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led...more

Sands Anderson PC

Incomplete Appellate Record Dooms Appeal: Lessons for Appellate Practitioners

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The Supreme Court of Virginia taught appellate practitioners yet another hard lesson in how procedural pitfalls can scuttle otherwise compelling appeals. In Eckard v. Commonwealth, the pitfall was failing to get the complete...more

Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

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On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Sierra Club Petition to Object Filed Addressing Hopewell, Virginia Chemical Manufacturing Facility

Five non-profit organizations filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to the AdvanSix Resins and Chemicals LLC (“AdvanSix”)...more

Troutman Pepper

Attorneys Face Potential Sanctions for Alleged Misuse of AI

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A federal judge in the Western District of Virginia has ordered a plaintiff’s attorneys to show cause why they should not be sanctioned for the alleged misuse of artificial intelligence (AI)....more

McDermott Will & Emery

Missed Appropriation: Massive Trade Secret Verdict Vacated

The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Sands Anderson PC

Virginia’s New Bad Faith Law: What Insurers Need to Know

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On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....more

Sands Anderson PC

Virginia Real Estate Law Updates for 2024

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Effective July 1, 2024, Virginia has implemented several significant changes to its real estate laws. In this year’s installment, tenants get a whole lot of protections (kind of), HOAs are put on a tighter leash, and brokers...more

Woods Rogers

A Legislative Fix for Virginia Community Associations After Palisades Park

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The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76...more

McDermott Will & Emery

Growing Regulatory Focus on ‘Crossover Alcohol Products’

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As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the...more

Woods Rogers

State and Local Tax Law Changes in Effect in 2024

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The Virginia Department of Taxation released its 2024 legislative summary detailing changes, effective July 1, 2024, to Virginia’s state and local tax laws. The following discussion focuses on a few of the changes you may...more

Sands Anderson PC

Yes, Virginia, You Can Use Electronic Signatures on Pleadings

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It’s Christmas come early in Virginia this year. As of July 1, 2024, attorneys in Virginia can officially (and permanently!) use electronic signatures to sign pleadings in Virginia’s state courts. It only took twenty-plus...more

Woods Rogers

2024 Virginia Legislative Changes Affecting Community Associations

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The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium...more

A&O Shearman

DOJ Fails To Secure Jury Trial In Adtech Monopoly Suit After Damages Claim Mooted By $2.3 Million Cashier’s Check

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On June 11, 2024, the United States District Court for the Eastern District of Virginia granted defendant’s motion to dismiss plaintiffs’ damages claim in a lawsuit brought by the Department of Justice and eight states...more

Woods Rogers

The Virginia Condominium Act Turns 50

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While the country is set to celebrate Independence Day, that is not the only special occasion this week. July 1 is the day that most new laws in Virginia take effect. The Virginia Condominium Act (the “Act”) was enacted on...more

Sands Anderson PC

U.S. Supreme Court Says Federal Bribery Statute Permits “Gratuities”: Virginia Law Much Less Forgiving

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Last month, in Snyder v. United States, the Supreme Court of the United States narrowly construed the federal anti-bribery statute.  In that case, the mayor of Portage, Indiana worked with other officials to carefully prepare...more

Troutman Pepper

Virginia Takes Step Towards Prohibiting Creditors from Charging Electronic Payment Surcharges on Credit Transactions

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On April 17, 2024, Virginia enacted HB 1519 taking a significant step towards amending the Virginia Consumer Protection Act (VCPA) to prohibit creditors from charging fees for accepting electronic payments in connection with...more

Cozen O'Connor

The State AG Report – 6.27.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Virginia AG Reaches $1.3 Million Settlement with NFL Team...more

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