Blog: Opinions & Observations
Unmarked Cemeteries and Gravesites in ROW Projects
October 19, 2016
Of honour'd bones indeed. What should be said?All’s Well That Ends Well (2.3.1042).Valar morghulis. Valar dohaeris.A Song of Ice and Fire, Book 3, Chapter 74, Arya XIII.Despite the best-laid plans of right-of-way professionals, previously forgotten cemeteries or graveyards are sometimes discovered during the course of right-of-way projects. The words “cemetery” and “graveyard” bring with them images of ordered rows of graves with headstones or markers....
Read MoreVirginia Supreme Court Holds Teaming Agreement Unenforceable
September 28, 2016
In January 2016, I posted an Opinions & Observations column, Teaming Agreements in Virginia: Are They Enforceable?, dealing with the subject matter of whether teaming agreements are enforceable in Virginia. In that column I mentioned that there was only one Virginia Supreme Court case dealing with this issue, W. J. Shafer Assocs. v. Cordant, Inc., 254 Va. 514, 493 S.E. 2d 512 (1997). Nevertheless, the reasoning of the Supreme Court in Shafer was followed...
Read MoreVocational Rehabilitation in Virginia
September 27, 2016
Under Virginia law an employer who has three or more regular employees in the same business is required to furnish workers’ compensation coverage at no cost to their employees. This includes vocational rehabilitation benefits. When an employee is injured on the job and is unable to resume usual job duties but still is able to work, an employer is required to furnish reasonable and necessary vocational rehabilitation services to an injured...
Read MoreWhy You Need An Attorney When Selling Your Home FSBO (For Sale By Owner) - August 2016
August 01, 2016
For most people, a home is the most expensive thing that they will ever sell. While not as common, some individuals choose to sell their home "For Sale by Owner" (FSBO). The reasons may vary as sellers may want to be in charge of marketing or save the expense of a listing agent's commission. Starting the process of selling FSBO can be as easy as putting a "For Sale by Owner" sign in your front yard, and some brokerage services may offer to list your...
Read MoreAssisted Reproduction's Impact on Estate Planning and Administration in Virginia - July 2016
July 14, 2016
With the availability of Assisted Reproductive Technology (ART), families who once may not have been able to become parents except through adoption are often able to conceive a child by non-traditional means. However, just because you, as a parent, consider a child born by use of ART to be your child in the same way you would consider a child born to you without the use of ART to be your child, Virginia law does not always agree. This Opinions and...
Read MoreWhy Do Banks Require Bank Counsel On Some Commercial Loans? - June 2016
June 24, 2016
I have been representing both borrowers and lenders on commercial transactions for over 30 years and I have frequently encountered this question from borrowers: Why does the bank need its own attorney in the transaction when the borrower is represented by counsel? Implicit in this question is the truism: Borrowers do not like to pay the legal fees of their own lawyer and they certainly don't like to also have to pay legal fees for the bank's attorney. The...
Read MoreJune 01, 2016
By Jim Lang - June 2016Image courtesy of Michael MeesWetlands make it hard to build at a property. This is especially significant in Hampton Roads, Virginia, due to the high prevalence of wetlands in this part of the country. The builder and the U.S. Army Corps of Engineers (Army Corps) do not always agree on the size of the wetlands footprint, with the builder needing the footprint to be small in order for the project to go forward, and the Army Corps...
Read MorePresident Nixon as Midwife for the Birth of Enviromental Law - June 2016
June 01, 2016
By Jim Lang - June 2016Whether 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.”Cuyahoga River Fire Nov. 3, 1952. Courtesy of Special Collections, Michael SchwartzLibrary at Cleveland State University (from the Cuyahoga River – Fires, Accidents Collection)When deciding how much pollution may be released into our surroundings and whether...
Read MoreChoosing a Business Entity in Virginia - May 2016
May 24, 2016
“I want to form a business, what type of entity should I choose?” As a business attorney, this is a question that I frequently run across. The choice of a business entity is one of the first questions that a new start-up should address and is more nuanced that many might think. To answer the question properly involves an analysis of the legal, tax and management objectives of the business owner. An owner looking to set up a real estate holding company...
Read MoreEnvironmental Law: An Oil Spill Could Cost Your Business - March 2016
March 14, 2016
by James T. LangThe 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 puts the business in jeopardy, along with the assets and even the personal freedom of the owner. Acknowledging the risk, and managing it, is an important business judgment that weighs the economic cost of the available prevention measures, the extent to which...
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