博客:意见 & 观察
Assisted Reproduction's Impact on Estate Planning and 政府 in Virginia - July 2016
2016年7月14日
With the availability of Assisted Reproductive Technology (ART), families who once may not have been able to become parents except through adoption are often able to conceive a child by non-traditional means. However, 就因为你, 作为家长, consider a child born by use of ART to be your child in the same way you would consider a child born to you without the use of ART to be your child, 弗吉尼亚州的法律并不总是这样. 本意见及...
Read More为什么银行对某些商业贷款需要银行法律顾问? - June 2016
2016年6月24日
I have been representing both borrowers and lenders on commercial transactions for over 30 years and I have frequently encountered this question from borrowers: Why does the bank need its own attorney in the transaction when the borrower is represented by counsel? Implicit in this question is the truism: Borrowers do not like to pay the legal fees of their own lawyer and they certainly don't like to also have to pay legal fees for the bank's attorney. The...
Read More环境法:最高法院的霍克斯公司. Decision May Help Save Your Project When Wetlands are Present - June 2016
2016年6月1日
By Jim Lang - June 2016Image courtesy of Michael MeesWetlands make it hard to build at a property. 这在汉普顿路尤为重要, Virginia, due to the high prevalence of wetlands in this part of the country. 建筑商和美国.S. Army Corps of Engineers (Army Corps) do not always agree on the size of the wetlands footprint, with the builder needing the footprint to be small in order for the project to go forward, 和陆军部队...
Read MorePresident Nixon as Midwife for the Birth of Enviromental Law - June 2016
2016年6月1日
不管他是否真的说过, Winston Churchill gets credit for the quote that “Americans will always do the right thing, 只有在他们尝试了所有其他方法之后.11月11日凯霍加河火灾. 3, 1952. 特别馆藏提供, Michael SchwartzLibrary at Cleveland State University (from the Cuyahoga River – Fires, Accidents Collection)When deciding how much pollution may be released into our surroundings and whether...
Read More2016年5月24日
“我想成立一个企业，我应该选择什么样的实体??” As a business attorney, this is a question that I frequently run across. The choice of a business entity is one of the first questions that a new start-up should address and is more nuanced that many might think. To answer the question properly involves an analysis of the legal, 企业所有者的税收和管理目标. 一个业主希望建立一个房地产控股公司...
Read More环境法律: An Oil Spill Could Cost Your Business - 2016年3月
2016年3月14日
by James T. 每艘船的船东, 每个船厂, each port, and each waterfront facility that handles oil is faced with the risk of an oil spill into water. 忽视风险是鲁莽的. It puts the business in jeopardy, along with the assets and even the personal freedom of the owner. 承认风险, 管理它, is an important business judgment that weighs the economic cost of the available prevention measures, 在多大程度上...
Read MoreThe Adam Walsh Act and the Petitioner's Burden to Prove "No Risk of Harm" - 2016年3月
2016年3月8日
by Anne C. LahrenThe Adam Walsh Act (“AWA”) was enacted “To protect children from sexual exploitation and violent crime, 防止虐待儿童及儿童色情制品, 促进互联网安全, and to honor the memory of Adam Walsh and other child crime victims.“AWA对美国的军事行动有很大的限制.S. citizen or lawful permanent resident’s ability to petition for his or her spouse or fiancé(e) if he or she has been convicted of any specified...
Read MoreThe Importance of Carefully-Worded Job Descriptions - 2016年3月
2016年3月4日
杰弗里·D. WilsonWhile employers are not legally required to draft job descriptions for most positions, 许多人为了明确自己的工作职责而这样做. This week the Fourth Circuit Court of Appeals issued an opinion that, 虽然不是开创性的, serves as a reminder of how important it is to properly word position descriptions, 包括那些用于招聘广告的网站.在斯蒂芬森诉. Pfizer, Inc., No. 14-2079(第4章. Mar. 2, 2016)， the...
Read MoreIs Manifest Disregard of the Law Still a Ground for Vacating Arbitration Awards? - 2016年3月
2016年3月2日
Eight years ago, the United States Supreme Court, in Hall Street Assocs., LLC v. Mattel, Inc.,[1] had before it the issue of whether or not parties to an arbitration agreement could expand the grounds for vacating an award under §§ 10 and 11 of the Federal Arbitration Act (FAA).[2] In holding that parties to an arbitration agreement cannot by private agreement expand the grounds for the reviewing an arbitration award, 法院还说联邦航空局...
Read MoreOil Spills: The Clean Water Act to the Oil Pollution Act of 1990 - February 2016
2016年2月25日
by James T. LangA tugboat overturns in a waterway adjacent to a small shipyard off of the Eastern Branch of the Elizabeth River, 在诺福克的坎波斯特拉桥附近, 洒了大约1杯,他把1000加仑的柴油倒入河中. Firefighters who specialize in hazardous substance releases, the U.S. Coast Guard and the Virginia Department of Environmental Quality respond to the scene. 船厂老板/经营者因未能……而受到批评...
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