As Coastal Migration Continues, Waterfront Property Owners Encounter...
by James T. Lang Waterfront property owners in Hampton Roads are privileged to enjoy the ambiance and a fantastic view, in addition to a highly valuable set of riparian property rights.[1] These...
View ArticleEminent Domain: From Biblical Times to the Present - September 2015
by D. Rossen S. Greene I: A Brief History of Eminent Domain: A French jurist of the early 19th century, Merlin de Douai, claimed that the earliest known reference to the use of eminent domain is in the...
View ArticleHow Citizens' Environmental Lawsuits Can Stop Pollution - September 2015
by James T. Lang The U.S. Environmental Protection Agency (“EPA”) and the Virginia Department of Environmental Quality (“DEQ”) have primary responsibility for enforcing the environmental laws and...
View ArticleEnvironmental Law and the Chesapeake Bay Preservation Act: Where Local...
by James T. Lang Living on the water provides beautiful vistas, opportunities for boating and fishing and other amenities, all of which come with a (sometimes hidden) cost because the waterfront is...
View ArticleDivorce: Are Assets with No Value Subject to Equitable Distribution? -...
by Patrick L. Maurer In Virginia, courts divide marital assets between parties (Code Ann. § 20–107.3, Michie, 2012) after analyzing evidence to determine whether the property is separate, marital or a...
View ArticleProperty Settlement Agreements: Balancing the Special Fiduciary Relationship...
by Naveed Kalantar When dealing with a property settlement agreement between spouses going through a separation or divorce, it is easy to assume, like many contracts, that when the agreement is signed,...
View ArticleTeaming Agreements in Virginia: Are They Enforceable? - January 2016
By Jack Rephan Teaming agreements are widely used in Virginia and elsewhere by prime contractors and subcontractors who regularly deal with federal, state and local governments for the provision of...
View ArticleRecovery of Attorney's Fees and Costs in Virginia Civil Actions - January 2016
By Michael E. Ornoff, Esq. Litigants in civil lawsuits frequently ask if they will recover their attorney’s fees and costs if they win a civil suit which they initiate or which has been brought against...
View ArticleProtection From Day One: The Importance of Employee Handbooks - February 2016
by Jeffrey D. Wilson In my second year of law school, one of my classmates was hired for a summer position by a prominent law firm. A few days before her new job was to begin, she sheepishly approached...
View ArticleOil Spills: The Clean Water Act to the Oil Pollution Act of 1990 - February 2016
by James T. Lang A tugboat overturns in a waterway adjacent to a small shipyard off of the Eastern Branch of the Elizabeth River, near the Campostella Bridge in Norfolk, spilling an estimated 1,000...
View ArticleIs Manifest Disregard of the Law Still a Ground for Vacating Arbitration...
by Jack Rephan Eight years ago, the United States Supreme Court, in Hall Street Assocs., LLC v. Mattel, Inc.,[1] had before it the issue of whether or not parties to an arbitration agreement could...
View ArticleThe Importance of Carefully-Worded Job Descriptions - March 2016
by Jeffrey D. Wilson While employers are not legally required to draft job descriptions for most positions, many do anyway in an effort to define job duties. This week the Fourth Circuit Court of...
View ArticleThe Adam Walsh Act and the Petitioner's Burden to Prove "No Risk of Harm" -...
by Anne C. Lahren The Adam Walsh Act (“AWA”) was enacted “To protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and...
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Environmental Law: An Oil Spill Could Cost Your Business - March 2016
by James T. Lang The owner of each vessel, each shipyard, each port, and each waterfront facility that handles oil is faced with the risk of an oil spill into water. Ignoring the risk is foolhardy. It...
View ArticleHB 688 - The Rebirth of Fault in Support Awards - March 2016
by A. Bartlett Keil In recent years, most of us in the profession have been of the opinion that the role of fault in divorce is waning – some say non-existent. However, the tide may be turning with the...
View ArticleRecent Changes in Virginia Construction Law Benefit Subcontractors and...
by Glen W. Thompson Subcontractors and suppliers are typically at the mercy of the general contractor concerning contract terms and conditions. This is especially true in times when the economy is...
View ArticleIntellectual Property and Your Business: Understanding the Basics - March 2016
by Duncan G. Byers Intellectual property (IP) is any product of the human mind or intellect, including inventions, ideas, artistic expressions, unique names, business methods, chemical formulas or...
View ArticleChoosing a Business Entity in Virginia - May 2016
by Brent R. Haden When setting up a new business, choosing what type of entity to form is a critical step. Read attorney Brent Haden's Opinions & Observations column that helps business owners...
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President Nixon as Midwife for the Birth of Enviromental Law - June 2016
By Jim Lang - June 2016 Whether he actually said it or not, Winston Churchill gets credit for the quote that “Americans will always do the right thing, only after they have tried everything else.”...
View ArticleEnvironmental Law: The Supreme Court’s Hawkes Co. Decision May Help Save Your...
By Jim Lang - June 2016 If your construction project is at risk due to wetlands, it could be saved by the Supreme Court’s recent decision. Click below to read environmental attorney Jim Lang's Opinions...
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