Insights - McClanahan Powers

Firm News

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.

Firm Highlights 2018

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.

Firm Highlights 2017

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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...

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

Intellectual Property

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.

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 ...

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 ...

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.

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 ...

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 ...

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...

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...

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.

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 …

Wealth Management

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.

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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