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Super Lawyers names 4 attorneys to the 2021 Virginia and DC Rising Stars Lists

Posted On April 28, 2021

Four ouf our attorneys were selected by Super Lawyers to the 2021 Virginia and Washingtong DC Rising Stars List.

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Two McClanahan Powers Attorneys Named To Virginia Business Magazine “Legal Elite”

Posted On December 2, 2020

The Virginia Business Legal Elite lawyers are chosen based on a survey of thousands peers, conducted by the Virginia Bar Association.

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Three McClanahan Powers attorneys earn 2020 Virginia Rising Stars honors

Posted On May 7, 2020

We are excited to announce three attorneys, Dirk McClanahan, Robert Powers, and Zach Miller, have been selected to the 2020 Virginia Rising Stars list, in addition to their 2020 Washington D.C. Rising Stars nominations.

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Three of our attorneys were named to Super Lawyers Rising Star List, Washington DC 2020 Edition.

Posted On April 21, 2020

We are pleased to announce three of our attorneys have been named to the 2020 Washington DC Super Lawyers and Rising Stars List.

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Firm Highlights 2019

Posted On December 29, 2019

We recognize the hard work the attorneys at McClanahan Powers did over the past year.

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McClanahan Powers Attorneys Named to Washington D.C. Rising Star List

Posted On April 19, 2019

We are extremely pleased and excited to announce that many of our attorneys have been independently selected as Super Lawyers Rising Stars in Washington D.C., in addition to their Virginia awards.

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Three Attorneys Selected to 2019 Rising Stars List

Posted On April 12, 2019

For the first time, McClanahan Powers, PLLC is excited to announce three attorneys have been selected to the Virginia Super Lawyers Rising Star List for 2019.

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Firm Highlights 2018

Posted On January 4, 2019

Throughout 2018, our attorneys have been recognized for their work and taught seminars.

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Two Attorneys Named To Super Lawyers Rising Star 2018 List

Posted On April 23, 2018

We are proud to announce two attorneys, Dirk McClanahan and Zach Miller, have been selected to the 2018 Virginia Rising Stars list and 2018 Washington D.C. Rising Star List.

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Firm Highlights 2017

Posted On January 1, 2018

A recap of firm highlights by attorneys over the past year in 2017.

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McClanahan Powers Attorneys Named To Super Lawyers Rising Star 2017

Posted On April 24, 2017

We are proud to announce two attorneys from McClanahan Powers have been selected to the 2017 Virginia Rising Star list and 2017 Washington D.C Rising Star List.

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Business

Protecting Company Trade Secrets in the Era of Remote Work

Posted On May 28, 2021

The unprecedented nature of COVID-19 left many businesses scrambling to develop telework policies and proprietary protections. It’s difficult to protect company secrets with employees working from family computers in their living rooms, and this was understandably low on the priority list for struggling companies.

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Does my Business Need a General Legal Counsel?

Posted On May 19, 2021

While all businesses can benefit from maintaining dedicated corporate counsel, certain enterprises should consider contracting with full-service business law firms.

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Employers Could Face Tort Liability for the Actions of Independent Contractors

Posted On May 4, 2021

If employees fail to do so and their actions cause injury to another individual, it can lead to vicarious liability for employers. If negligent employees were acting within the scope and course of their employment during the accident that resulted in injury, employers may likewise be held liable.

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Virginia Construction Licensing

Posted On April 14, 2021

If you offer or are planning to offer services related to construction in Virginia, you need a general contractor license to operate legally. But the specific license you will need must be based on the types and scope of projects you want to perform.

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Purchasing or Starting a Medical, Dental, or Veterinary Practice

Posted On March 2, 2021

Whether you decide to buy an existing practice or form a new one, a business attorney with experience in medical, dental, and veterinarian businesses can offer advice based on your situation.

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The Virginia Consumer Data Protection Act Is About to Become Reality

Posted On February 17, 2021

Virginia businesses that maintain and use customers’ data should be aware of what is on the horizon. The Virginia Legislature is poised to finalize and pass data privacy legislation that will impose new obligations on these businesses.

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Partnerships – How to Avoid Disputes and Resolve Them

Posted On February 9, 2021

While states typically have their own rules regarding partnerships, these rules are defaulted to and used in the absence of a partnership agreement or a specific provision in the agreement. When it comes to each partner’s rights and responsibilities within the partnership, the partnership agreement will govern.

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Medical Malpractice – Am I Entitled to Medical Compensation?

Posted On January 29, 2021

Medical Malpractice occurs when a healthcare professional fails to use the degree of care that would ordinarily be used by a healthcare professional of similar training and experience.

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Sexual Harassment in the Workplace

Posted On January 25, 2021

Sexual harassment in the workplace is a serious issue throughout the country and is actionable at federal, state, and local levels depending on the jurisdiction and size of the company, among other factors.

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Severance Packages

Posted On January 11, 2021

A severance package is generally some amount of pay that is given to employees upon termination of employment. A severance package can also include a continuation of health insurance or other benefits for a certain time upon termination.

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Landlord-Tenant Laws in Virginia

Posted On December 29, 2020

In Virginia, landlord-tenant relationships are governed by the Virginia Residential Landlord and Tenant Act (VRLTA) in situations where the tenant is living in a single-family residence, multi-family residence, and certain public housing units.

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Mechanic’s Liens in Virginia and DC

Posted On December 17, 2020

A mechanic's lien is a security interest in a piece of property whose owner agreed to have improvements or work completed on the property.

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Defamation, Libel, and Slander

Posted On December 11, 2020

When defending a defamation lawsuit, a defendant will be successful where he can show that the statements made were substantially true.

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Selling Your Business?

Posted On November 5, 2020

Selling a business can have a long-lasting impact on your life and requires significant time and dedication to ensure a smooth and successful transfer. If you are considering selling your business, there are crucial steps you should take to minimize risk and ensure that you are adequately compensated.

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Startups: Establishing a Strong Business Foundation

Posted On October 23, 2020

All small business entities may seemingly function the same from an entrepreneurial perspective. However, every business structure offered in Virginia serves a unique purpose designed to protect specific business and personal interests.

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Preventing Consumer Protection Litigation: Understanding and Avoiding Advertising Violations

Posted On October 16, 2020

Advertising is not arbitrary, and social psychologists continuously develop ways to identify, reach, and ultimately lure consumers. As such, both state and federal laws prevent businesses from engaging in certain false, misleading, and overall unfair advertising practices.

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How Employee Turnover Can Hurt Your Company

Posted On October 1, 2020

Small business owners sometimes forget that investing in employees involves similar risks to investing in the business itself. At-will employment means that companies cannot force a return on their employee investments.

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Understanding Wrongful Termination Laws & Avoiding Employee Lawsuits

Posted On September 24, 2020

Few employees take termination gracefully - especially in this economy. Business owners may have every lawful reason to let an employee go, but this seldom prevents frustrated ex-employees from filing wrongful termination litigation in Virginia.

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The Evolution of Data Privacy & Security Due to COVID-19: Complying with Businesses and Data Protection Laws

Posted On September 17, 2020

Legislators around the county recognize the need to modernize data privacy laws as businesses continue to move online. This process might include adopting more stringent consumer privacy protections or mandating increased data security measures.

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Understanding Minimum Wage in the District of Columbia and Recent Changes to Minimum Wage in Virginia

Posted On August 26, 2020

Most employers must pay non-exempt employees at least $7.25 per hour under federal minimum wage guidelines. Some states mandate a higher minimum wage, and the higher of the two rates control payroll.

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The 2015 Changes to Overtime Pay Requirements in the Home Health Care Industry

Posted On August 19, 2020

The U.S. Department of Labor, which regulates wage and overtime requirements, recently made major changes to its overtime eligibility rules. These changes went into effect earlier this year, but a similar amendment designed to help home health care workers actually went into effect in 2015.

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The Virginia Values Act

Posted On August 7, 2020

The Virginia Values Act amended the Virginia Human Rights Act, expanding the employers it covers and adding new employee protections.

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Updating Governing Documents to Permit SBA-Approved Financing for COVID-19 Relief

Posted On July 30, 2020

While most SBA-associated businesses qualify for financing under the CARES Act, accepting a PPP loan might conflict with an entity's governing documents. Business owners often need to quickly update their controlling instruments to avoid liability before requesting a payroll loan.

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Establishing a Virginia Teleworking Policy

Posted On June 19, 2020

As the economy opens back up, many businesses have reevaluated their telework policies and have considered letting employees continue to work remotely. Working from home, raises unique legal and privacy issues in the Commonwealth.

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Business Brokers in Virginia

Posted On April 2, 2020

Business brokers cannot provide Virginia buyers and sellers legal advice or prepare legal documents for the acquisition/sale of a Virginia business, and law firms that assist business brokers in doing so are actually participating in the unauthorized practice of law.

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Responding to DPOR Complaints in Virginia

Posted On March 19, 2020

The DPOR’s Regulator Program and Compliance section only reviews written complaints filed within three years of an act, omission, or occurrence that allegedly violated a statute or professional regulation.

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Franchising Agreements in Virginia

Posted On March 3, 2020

While franchise agreements are ultimately a product of contract law, Virginia is one of only a handful of “franchise registration” states.

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What is a Joint Venture?

Posted On February 13, 2020

Joint ventures are typically formed when one party identifies a need or business goal and determines it would be more beneficial to pursue that goal in partnership with another company.

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D.C.’s Office of Employee Appeals: What D.C. Employees Need to Know

Posted On January 23, 2020

The Office of Employee Appeals acts as the administrative review body for D.C.-based employees claiming violation of certain local D.C. employment laws.

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What Is The GDPR and Does It Affect My Virginia Business?

Posted On January 10, 2020

With the California Consumer Privacy Act (CCPA) due to take effect in January, many Virginia business owners are debating whether it’s time to alter their data protection policies.

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Staying Up to Date in the SCC Database

Posted On December 11, 2019

Businesses based out of Virginia, such as domestic LLCs, corporations, or partnerships, and out-of-state (foreign) businesses doing business in Virginia are required to register their business through the SCC.

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Local Counsel Rules & Requirements in the Eastern District of Virginia

Posted On November 27, 2019

With little room for procedural inefficiency, out-of-state attorneys litigating in the EDVA must partner with local counsel throughout litigation.

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What is a “Warrant in Debt” and What Should You Do About It?

Posted On November 13, 2019

If you received a document titled “warrant in debt,” you’ve been sued in Virginia General District Court (GDC) to recover on an outstanding financial obligation. Most warrants in debt are filed when previous collection attempts have failed.

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An Overview of the Recent Changes the DOL Made to Overtime and Salary Levels

Posted On October 31, 2019

The DOL recently amended FLSA to raise the standard salary level for the first time in 15 years. This amendment, known as the final rule, opens the door for an additional 1.3 million employees to claim overtime compensation as of January 1, 2020.

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You Got Served. Now What?

Posted On September 26, 2019

Whether it’s a frivolous personal injury lawsuit, a federal complaint filed by a disgruntled employee, or a civil enforcement petition from the IRS, we understand how a lawsuit can easily overwhelm your small business.

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Why Virginia Businesses Need a Privacy Policy and Terms & Conditions

Posted On August 28, 2019

Privacy policy agreements ensure clients that your business is cognizant of data security and will protect personal identifying information.

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What is a Registered Agent?

Posted On August 28, 2019

Most business entities transacting business in Virginia are required to maintain a registered agent at a registered office in the Commonwealth.

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What Is Privacy Law?

Posted On July 30, 2019

The intricate web of privacy laws in the U.S. can be difficult to understand, and not every company or entity complies with privacy laws, putting consumers at risk.

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How To Save The Cost of Employee Turnover

Posted On June 20, 2013

In November 2012, the Center for American Progress, a Washington D.C. based independent nonpartisan educational institute, published a study which observed the cost of employee turnover to a business ...

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Virginia Attorney Fees and Prevailing Party Language

Posted On April 4, 2016

Virginia Courts typically follow what is known as the “American Rule” with respect to whether or not a party will be awarded its fees and costs, including reasonable attorneys fees.

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Personally Guarantying Payment on Behalf of Your Company or Another Third Party

Posted On June 3, 2013

Sometimes the only way to persuade another party to enter into a contract is too guaranty that the amount owed will be paid by a third party in the event that you cannot completely pay the amount owed.

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Protecting and Enforcing Personal Loan Agreements

Posted On June 28, 2013

A loan agreement, or “note”, is a simple and common contract that typical identifies the lender or creditor, a borrower or debtor, the principal amount being lent, an interest rate...

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Contracts

Breach of Contract Issues for Business Owners

Posted On November 19, 2020

A contract is a legally binding agreement between two or more parties in which each party has rights and obligations. In a typical business contract, one party agrees to provide goods or services in return for payment.

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Modifying Contracts Due to COVID-19: Understanding Force Majeure Provisions

Posted On July 15, 2020

In the context of business, pandemic-related concerns have called into question whether parties are able to safely or legally perform their contractual obligations.

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Can You Enforce A Contract With Errors?

Posted On March 4, 2014

Can a poorly crafted document be enforceable? Whether it has mistakes, errors, typos, or language that just does not make any sense.

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Virginia Contract Interpretation: Defined Terms

Posted On July 16, 2013

Whether lengthy and extremely sophisticated or short and straightforward, contracts are simply the expression of two or more parties.

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Sales of Goods vs. Services under Virginia Contract Law

Posted On June 13, 2013

As in many jurisdictions throughout the country, the sale of goods and services in Virginia are treated differently and are recognized under completely separate legal, frameworks.

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Contracts Are Everywhere

Posted On May 1, 2013

Whether it is for drafting or reviewing an agreement they wish to reduce down to writing or whether it is enforcing and protecting their rights in a contract that already exists, our clients routinely ask us questions about contracts.

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COVID-19

Employer-Mandated Vaccinations for Covid-19

Posted On March 17, 2021

Although vaccinations are available now, many people have questions regarding their safety, long-term effects, and the ability of employers to mandate vaccinations for employees. When it comes to mandating Covid-19, employers are generally permitted to require employees to receive the vaccination.

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Preparing for the Legal Implications of Stay at Home Education Pods

Posted On September 4, 2020

Home education or pandemic pods, have developed along groups of parents seeking to share the costs of a private tutor. Essentially, parents are creating small, private school experiences in their homes based on the age and needs of local kids.

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Understanding the CARES Act Paycheck Protection Program

Posted On June 3, 2020

Businesses can apply for PPP loans directly with an SBA participating lender, and most states and national financial institutions participate in this program. After selecting a lender, the borrower submits a PPP Borrower Application Form available through the SBA.

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Recent Changes to Virginia Unemployment Insurance Benefits in Response to COVID-19

Posted On May 27, 2020

Over half a million Virginians filed for unemployment benefits over the past six weeks. Many Virginia families now rely on these benefits to live.

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Summary of COVID-19 Executive Orders and Directives from the Virginia Governor

Posted On May 19, 2020

When Virginia entered a state of emergency following the outbreak of COVID-19, Governor Northam gained additional powers to coordinate emergency response efforts.

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Family First Coronavirus Response Act

Posted On May 8, 2020

The U.S. Department of Labor is taking action to ensure eligible workers can care for themselves and family members during the Coronavirus pandemic.

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Intellectual Property

Protecting Against Counterfeit Sellers

Posted On March 11, 2021

Counterfeit goods are those products that are marked with a trademark without the trademark owner’s permission and are generally of inferior quality compared to legitimate products. Oftentimes counterfeit goods are poorly assembled and may become a safety issue.

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Cease and Desist Letter: What to Do if You Receive One

Posted On February 6, 2020

Cease and desist letters simply put the receiving party on notice of a potential dispute, typically an intellectual property dispute.

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What is a State-Based Trademark?

Posted On October 8, 2019

State-based trademark protections are afforded to marks that are not used in multiple states and may be the exclusive registration available for those marks.

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Malibu Media Pornographic BitTorrent Copyright Infringement Filed In EDVA

Posted On July 10, 2019

From June 11, 2014 through June 17, 2015, the pornography copyright holder Malibu Media filed 241 pornographic BitTorrent copyright infringement cases in the Alexandria Division of the EDVA.

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LHF Productions, Inc.’s “London Has Fallen” Bit Torrent Copyright Infringement Cases in Virginia

Posted On June 8, 2016

Since 2011, McClanahan Powers and its attorneys have defended hundreds of defendants in bit torrent copyright infringement lawsuits throughout the United States against a variety...

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Pornography Copyright Trolls: Sword of Antipiracy or Abuse of Antiquated Law

Posted On May 15, 2015

A Patent Troll is somebody who tries to make a lot of money off a patent that they are not practicing and have no intention of practicing and …

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Basic Differences between Copyrights and Trademarks in the United States

Posted On August 27, 2013

Too often a journalist for a well-known publication will publish an article that confuses copyright protection with trademark protection or copyright infringement with trademark infringement. This misnomer and incorrect ...

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Innocent Copyright Infringers: The Importance of an Adequate Copyright Notice to Defeat Them

Posted On July 29, 2013

In a previous blog entry we discussed the importance for photographers (and other artists) to digitally watermark their photographs. By digitally watermarking...

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Copyright Registration and Copyright Claimant

Posted On July 12, 2013

Under Section 201 of the Copyright Act, copyright in a work vests initially in the author or authors of the work. The author, however, is not always the party who claims ownership of the copyright when federal ...

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Artists, Musicians, Bands: Protect Your Personal Wealth through a Virginia Limited Liability Company

Posted On June 30, 2013

Many artists, musicians, and bands work to build their name, brand, and network the same way any business would. When analyzed from a legal prospective, many of these same artists, musicians, and bands are working ...

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Be Wary of a Copyright Assignment or an Exclusive Copyright License

Posted On June 21, 2013

It’s an important day when an artist signs his first artist agreement, when an author executes her first publishing contract, or when a band strikes their first record deal. It’s even more important that the creative parties ...

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Attention Photographers: Digitally Watermark Your Photographs

Posted On May 10, 2013

If you have ever been to an art gallery or museum you have likely noticed that most of the pieces of art, whether a photograph, sculpture, painting, or drawing, bore the signature or other mark of its creator.

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Wealth Management

Statute of Limitations in Virginia

Posted On June 10, 2021

Virginia’s statutes of limitations apply to potential lawsuits controlled by Virginia law. This generally means claims involving Virginia-based corporations, property, or accidents. But it might also control contracts executed in the Commonwealth and multi-jurisdictional claims centered in the state.

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The Importance of a Power of Attorney

Posted On June 3, 2021

Despite the name, powers of attorney don't actually vest anyone with permission to practice law. The document instead allows individuals to grant agency authority, whether general or limited, to an approved representative.

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Important Considerations Before Accepting to be an Executive of an Estate

Posted On March 31, 2021

Being the executor of an estate comes with many duties and responsibilities. You’ll find the basics on this blog so you can have an idea of what you can expect before you accept the role of an executor.

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An Estate is in Probate, What Happens Now?

Posted On November 25, 2020

When a person passes away, his or her property will go through a process known as probate. Probate is the court process of administering an estate and distributing property according to a valid will or the intestacy statutes of Virginia.

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What Should I Know About the Debts of a Deceased Spouse or Loved One

Posted On November 13, 2020

Upon the death of someone, there are a few steps that a personal representative should take to help the process run more smoothly. A personal representative should start by identifying the beneficiaries of a will or heirs.

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Business Succession Planning: The Basics

Posted On October 9, 2020

Most successful business owners often have multiple succession plans to ensure their businesses thrive after unexpected management changes.

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Contesting a Will in Virginia

Posted On July 9, 2019

If you have recently lost a loved one and are surprised or confused by the terms of his or her will, there’s a good chance that you’ve considered whether you can take legal action.

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Disinheriting a Spouse in Virginia

Posted On March 20, 2015

Can a decedent disinherit a surviving spouse in Virginia? The issue can arise where one spouse drafts an estate plan, using a will and/or trust, to leave all of their assets to a child or extended ...

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Failing to Plan is Planning to Fail

Posted On March 5, 2014

What is the reason for an Estate Plan and why do Virginia Estate Planning Attorneys take this endeavor so seriously? A common expression among estate planning attorneys is failing to plan, is planning to...

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