Insights
Firm News
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.
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.
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.
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.
Posted On December 29, 2019
We recognize the hard work the attorneys at McClanahan Powers did over the past year.
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.
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.
Posted On January 4, 2019
Throughout 2018, our attorneys have been recognized for their work and taught seminars.
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.
Posted On January 1, 2018
A recap of firm highlights by attorneys over the past year in 2017.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 ...
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.
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.
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...
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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...
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 …
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 ...
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...
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 ...
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 ...
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 ...
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.
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.
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.
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.
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.
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.
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.
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.
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 ...
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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