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News, Insights & Events
Many of the attorneys in the Law Firm Alliance author articles and thought leadership pieces on important topics and trends covering a wide variety of practices.
While these articles are correct on matters of law when they are produced, verdicts, rulings, legislation and other actions may affect the applicability of some of the information. Please consult your legal advisor before making decisions on the information you read here.
Articles
Fairness in the Adversary Process (Part Two)
June 18, 2019
Lawyers and False Statements of Law to the Court
Jeffrey Hamilton Geiger,
Sands Anderson PC
Can we all agree that it is unfair to provide intentionally a judge with the wrong legal authority? Indeed, the Virginia Rules of Professional Conduct mandate that a “lawyer shall not knowingly . . . make a false statement of fact or law to a tribunal.” Nor may a lawyer knowingly “fail to disclose to the tribunal controlling legal authority in the subject jurisdiction known to the lawyer to be adverse to the position of the client and not disclosed by opposing counsel.” Rule 3.3(a)(1) & (3).
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To Arbitrate or Not to Arbitrate, That is the Question: Enforcing Arbitration Clauses in Bankruptcy
June 17, 2019
Paul Hammer - KRCL - The Federal Arbitration Act, 9 U.S.C. §§ 1-307, represents a federal policy in favor of enforcing arbitration clauses. The Supreme Court has held that courts are generally obligated to enforce arbitration clauses absent a countervailing federal statute. Shearson/Am. Express, Inc. v. McMahon, 482 U.S. 220, 226 (1987).
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Fairness in the Adversary Process (Part One)
June 16, 2019
Lawyers and the Discovery of the Truth
Jeffrey Hamilton Geiger,
Sands Anderson PC
Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This process presumes that, in this manner, the court will be amply informed of the circumstances underlying the dispute. And this is notwithstanding the fact that a party has no affirmative obligation to volunteer information to the opposing party in civil matters (understanding that discovery rules may mandate certain disclosures).
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Navigating the Workplace Impact of Evolving State Marijuana Legislation
June 16, 2019
Curry Sexton, Seigfreid Bingham, P. C.
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Top 10 Estate Planning Mistakes & How to Avoid Making Them
June 13, 2019
Virginia Carter and Eldridge Dodson,
Ward and Smith, P.A.
As estate planners, we have seen it all over the years. What we have learned is that people make some common mistakes.
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USPS Revises Policies on Shipment of Hemp and Hemp-Related Products
June 12, 2019
Tyler Russell, Hemp Law Attorney,
Ward and Smith, P.A.
Effective June 6, 2019, the United States Postal Service (USPS) revised its rules and regulations to provide new mailing standards for hemp and products derived from hemp – identified by the USPS as "Hemp-based Products."
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U.S. Supreme Court Rules That Title VII's Requirement to File an EEOC Charge Before Commencing a Federal Court Lawsuit is Not a Jurisdictional Rule
Labor and Employment Law
Justin A. Reyes, Bond, Schoeneck & King
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Every Rose Has Its Thorn: Involuntary Bankruptcy Petitions
June 11, 2019
Paul Hammer - KRCL - Essential Financial Education, Inc. provides a reason why, with proper planning, filing an involuntary petition could be a good collection tool for creditors.
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Fourth Circuit Provides Relief to Chapter 13 Debtors for Some Underwater Mortgages
June 10, 2019
Lance Martin, Creditors' Rights Attorney,
Ward and Smith, P.A.
In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes the way bankruptcy courts in North Carolina will deal with certain home mortgages in Chapter 13.
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Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature
June 9, 2019
T. Kelly McKee - KRCL - Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating to economic development, energy, transportation, public works, and utilities. However, eminent domain proceedings can leave private landowners feeling harassed or ripped off; and can put the industry behind schedule in critical projects while costing it valuable resources.
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USDOL Announces Technical Updates to NLRA Poster Under Executive Order 13496
Labor and Employment Law
Larry P. Malfitano, Bond, Schoeneck & King
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