Updates

Chipotle Says Hackers Hit Most Restaurants in Data Breach

NBC News | BUSINESS MAY 27 2017, 1:29 AM ET Hackers used malware to steal customer payment data from most of Chipotle’s roughly 2,250 restaurants. The company is expected to face substantial fines and liability based on the data breach. > Click to read article

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Cyber Security and Business Resiliency

The WannaCry Ransomware Attack is the biggest coordinated cyberattack of its kind, impacting countless organizations and infecting hundreds of thousands of computers in more than 100 countries.  Once a computer is infected, the ransomware encrypts and holds for ransom any file it can reach, seizing control of your business or home network. Don’t wait until […]

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Jim Chapman Represents Plaintiff, Receives 100% Treasure Salvage Award in S.S. Central America Case

Federal Judge Announces Favorable Ruling in the Matter of the SS Central America and Recognizes the  Contribution of Odyssey Marine Exploration TAMPA, Fla., Sept. 06, 2016 (GLOBE NEWSWIRE) — Ira Owen Kane, the court-appointed Receiver for the salvor of the SS Central America, Recovery Limited Partnership (RLP), announced today that on August 31, 2016, Chief […]

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EDVA Judge dismisses case against parent company after finding parent was not “Alter Ego” of Virginia subsidiary

Piercing corporate structures remains tough in Virginia, even if only to show jurisdiction. In a discrimination case brought by an employee of a Virginia-based subsidiary against his employer, its controlling mid-level subsidiary, and the Indiana parent company of both, Judge Conrad of the Western District of Virginia granted the parent company’s motion to dismiss for […]

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Virginia Federal court allows jury in trademark case even where demand came 5 months too late

In a Lanham Act case involving pharmaceutical products, Judge Conrad of the Western District of Virginia granted plaintiff’s motion for a jury trial, even though it was made only four months before trial and outside the time prescribed by Rule 38. In Concordia Pharm. Inc. v. Method Pharm. LLC, No. 3:14-cv-16 (W.D. Va. Nov. 4, […]

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Disappointed that PTAB declined inter partes patent review? Tough, EDVA Judge rules

The Patent and Trademark Board’s decision on whether to grant inter partes review cannot be challenged in court. In Medtronic, Inc. v. Lee, 1:15-cv-946 (E.D. Va. Jan. 21, 2016), after the PTAB terminated an inter partes review seeking to determine the validity of two patents, the petitioner appealed the decision to federal court. But Judge […]

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Date of Mailing Doesn’t Save Payment Bond Claim

In a case of first impression in Virginia, the circuit court in Norfolk confirmed that the date of mailing is meaningless to satisfy notice requirements on a state law payment bond claim. The date that matters is the one on which the general contractor receives the notice. Under the Little Miller Act in Virginia, a […]

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Court Orders Arbitration of Patent License Dispute

Virginia federal courts still err in favor of arbitration in business cases, even where parties take measures to avoid it. In University of Virginia Patent Foundation v. DynaVox, where a patent licensee refused to pay royalties on grounds that its products were not covered by the patent, a Virginia federal court held that the dispute […]

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WATCH OUT – Virginia tightens policy on contractor licenses as of July 1, 2015

Be careful of your contractor licenses and worker classifications in Virginia. Under a new policy effective July 1, 2015, where VOSH has reasonable cause to believe workers are being misclassified on a Virginia construction project (usually as independent contractors), VOSH may require each contractor to provide proof of its own DPOR license and the DPOR […]

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New statute has power to nullify lien waivers in Virginia

Effective July 1, 2015, any provision of a construction contract or lien waiver that “waives or diminishes” the payment bond or mechanic’s lien rights of a subcontractor, lower-tier subcontractor or material supplier before services are rendered is “null and void” in Virginia.  The new language in Va. Code § 11-4.1:1 and Va. Code § 43-3 […]

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