Posted On April 28, 2021
Four ouf our attorneys were selected by Super Lawyers to the 2021 Virginia and Washingtong DC Rising Stars List.
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.
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.
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.
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.
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.
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.
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.
Posted On September 14, 2021
Ecommerce businesses must comply with the same laws as physical businesses, but with some subtle differences. Online businesses should likewise follow some rules that are specific to online businesses.
Posted On August 5, 2021
Torts are intentional, neglectful, or reckless acts that cause individuals or entities unlawful harm. Economic (business) torts refer to wrongful acts specifically impacting businesses. These acts may involve anything from trade secret theft to false and disparaging statements.
Posted On July 28, 2021
Between the mass layoffs and pandemic eviction moratoriums, many Virginia landlords are struggling to say afloat. Instead of finding new tenants, landlords have been forced to cover months of mortgage payments and taxes without the requisite rental income.
Posted On June 23, 2021
Permanently moving your headquarters over state lines differs from opening out-of-state stores or expanding your e-commerce business. Complete transfer requires lawfully closing your business in your current state and essentially reopening your business in the new state.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Posted On August 28, 2019
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Posted On July 7, 2021
Nearly anyone can purchase available domain names without explaining their connection to the requested web address. It often surprises aspiring website owners to learn that someone else owns multiple variations of their businesses’ associated domain names.
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.
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.
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.
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...
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 …
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 ...
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...
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 ...
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 ...
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.
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.
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.
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.
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.