The Virginia Lawyer: A Deskbook for Practitioners

The Virginia Lawyer: A Deskbook for Practitioners
Publication Date: 2015
Electronic Forms: 150+
Available Formats: Print (2,027 pages, softcover, 2 volumes, forms CD)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
  Chapter 7, The Law of Defamation, is available for individual download
Product #: 885

Information

Summary of Contents:

  • Administrative Law
  • Business Law
  • Civil Litigation
  • Criminal Litigation
  • Consumer Law
  • Defamation
  • Eminent Domain
  • Employment Law
  • Estate Planning and Administration
  • Family Law
  • Incapacitated Adults: Guardianship and Conservatorship
  • Intellectual Property
  • Real Estate Practice
  • Representing Debtors and Creditors
  • Managing Your Law Office
  • Professional Responsibility

Concise analysis, practical advice, and electronic forms from experienced practitioners across a broad spectrum of practice areas. Published in cooperation with The Virginia Bar Association, this two-volume set covers the substance and procedure of the most significant areas of Virginia practice and will quickly focus your research on issues and pitfalls for any new case. It also provides guidance on successfully managing your law office and ensuring that professional ethics requirements are handled seamlessly as part of your day-to-day practice.

Published in our new 7"x10" softcover format, this new edition has been updated through the 2015 session of the General Assembly and includes changes in the U.S. Code and the latest case law. Plus, over 150 ready-to-use electronic forms for an array of pleadings, agreements, and transactional documents.


New Multi-Book Discount. Buy ANY 2 books and save 20%, 3 books and save 30%, 4 or more and save 40%. Use coupon code BUYMORE.
Government Attorney? Receive a 30% discount on publications, and a 50% discount on most seminars.
New Virginia Lawyer? (less than three years) Receive a 25% discount on publications and most seminars.


You may also be interested in:


Virginia Law and Practice: A Handbook for Attorneys

Fee Agreements for Virginia Lawyers

A Guide to Legal Research in Virginia

Virginia Civil Practice Forms

Virginia Criminal Practice Forms

Employment Law in Virginia

Estate Planning in Virginia

Elder Law in Virginia

Virginia Family Law: A Systematic Approach

Real Estate Transactions in Virginia

Eminent Domain Law in Virginia

Bankruptcy Practice in Virginia

 

Table of Contents


CHAPTER LIST

1. Managing Your Law Office

2. Professional Responsibility

3. Litigation: Civil And Criminal

4. Employment Law: Employee Rights And Employer Responsibilities

5. Business Law

6. Family Law

7. The Law Of Defamation

8. Intellectual Property

9. Representing Debtors And Creditors

10. Consumer Law

11. Real Estate Practice

12. Eminent Domain

13. Estate Planning And Administration

14. Incapacitated Adults: Guardianship And Conservatorship

15. Administrative Law


Volume 1

CHAPTER 1: MANAGING YOUR LAW OFFICE


1.1 STARTING A LAW PRACTICE
    1.101 Introduction
    1.102 Business Plan
    1.103 Advisors and Mentors
    1.104 Selection of Practice Entity
    1.105 Office Space
    1.106 Office Equipment
    1.107 Office Staff
    1.108 Communications with Clients and Nonclients
    1.109 Developing the Practice
    1.110 Advertising
    1.111 Year-End Review

1.2 LAW OFFICE TECHNOLOGY
    1.201 In General
    1.202 Shielding Against Malpractice
    1.203 Improving Office Efficiencies
    1.204 Market Forces for Efficiencies
    1.205 Software
    1.206 Backing Up Data
    1.207 Practicing Law Without a Physical Office

1.3 PROFESSIONAL LIABILITY AND OTHER INSURANCE
    1.301 In General
    1.302 Types of Malpractice Carriers
    1.303 Considerations When Buying Malpractice Coverage
    1.304 Other Insurance

1.4 CASE MANAGEMENT
    1.401 Interviewing Prospective Clients
    1.402 Conflicts Checks
    1.403 Retainer Agreements
    1.404 Declination Letters
    1.5 CLIENT COMMUNICATIONS

1.6 DOCKET CONTROL
    1.601 Monitoring Workload
    1.602 Organizing Case Files
    1.603 Tracking Case Files
    1.604 Closing Case Files

1.7 TICKLER SYSTEMS
    1.701 Determining Deadlines
    1.702 Calendar Solutions

1.8 FEES
    1.801 Reasonableness
    1.802 Contingent Fees
    1.803 Fiduciary Compensation
    1.804 Hourly Fees
    1.805 Hybrid and Other Fees
    1.806 Fee Agreements
    1.807 Collecting Fees
    1.808 Termination of Employment
    1.809 Disposition of Client Files

1.9 BILLING PRACTICES AND PROCEDURES
    1.901 Timekeeping
    1.902 Billing and Collecting Fees

1.10 TRUST ACCOUNTS
    1.1001 Duty to Safeguard Client’s Funds and Property
    1.1002 Rule 1.15 Generally
    1.1003 Scope of Rule 1.15
    1.1004 Other Property
    1.1005 Types of Trust Accounts
    1.1006 Interest and Other Investments
    1.1007 Record-Keeping and Accounting
    1.1008 Deposits into Trust Accounts
    1.1009 Withdrawals from Trust Accounts
    1.1010 Liability for Violations
    
1.11 PLANNING FOR THE SUCCESSION OF A LAW PRACTICE
    1.1101 Notifying Clients
    1.1102 Expert Advice
    1.1103 Sale of Practice

APPENDIX 1-1: NONENGAGEMENT LETTER

APPENDIX 1-2: FILL-IN-THE-BLANKS REPRESENTATION
AGREEMENT

APPENDIX 1-3: ENGAGEMENT AGREEMENT IN SHORT LETTER
FORMAT

APPENDIX 1-4: PERSONAL INJURY PLAINTIFF—LONG FORM
(CONTINGENCY FEE)

APPENDIX 1-5: CLOSING LETTER

APPENDIX 1-6: ESCROW ACCOUNT RECORD-KEEPING AND
ACCOUNTING FORMS

CHAPTER 2: PROFESSIONAL RESPONSIBILITY


2.1 OVERVIEW: RESOURCES FOR LEGAL ETHICS ISSUES
    2.101 In General
    2.102 Resources

2.2 ADVERTISING AND SOLICITATION
    2.201 Basic Rule
    2.202 Mail and Email
    2.203 Direct Contact with Potential Clients
    2.204 Specialization
    2.205 Law Firm Names and Trade Names
    2.206 Lawyer Referral Services
    2.207 Summary of Advisory Opinions Issued by the Stand

2.3 CREATING THE ATTORNEY-CLIENT RELATIONSHIP AND
DETERMINING REASONABLE FEE AGREEMENTS
    2.301 Avoiding Unintended Professional Relationships
    2.302 Fee Agreements and Arrangements

2.4 MAINTAINING THE RELATIONSHIP WITH THE CLIENT
    2.401 The Duty to Communicate
    2.402 The Duty to Abide by the Client’s Decisions
    2.403 The Duty to Attend to Client Matters Promptly

2.5 PROFESSIONAL INDEPENDENCE AND LOYALTY TO
CLIENTS: AVOIDING CONFLICTS OF INTEREST
    2.501 Basic Rule
    2.502 Potential Conflicts of Interest
    2.503 Per Se Conflicts
    2.504 Concurrent Representation of Adverse Clients in
    Unrelated Matters
    2.505 Representing Clients Adverse to Former Clients
    2.506 Representing Multiple Clients in a Single Matter
    2.507 Representing Entities and Organizations
    2.508 Successive Government and Private Employment
    2.509 Providing Limited Pro Bono Services
    2.510 Conflicts Between Insurer and Insured
    2.511 Petitioning for Guardianship for Impaired Client
    2.512 Conflicts Involving Governmental Entities, Public
    Officials, and Government Lawyers
    2.513 Joint Representation of Husband and Wife in an
    Uncontested Divorce or Property Settlement
    2.514 Client Referred from Mediation to Legal Representation
    2.515 Prospective Clients

2.6 CONFIDENTIALITY: PROTECTING CLIENT CONFIDENCES
AND SECRETS
    2.601 In General
    2.602 Disclosures Permitted by Rule 1.6(b)
    2.603 Mandatory Disclosures Under Rule 1.6(c)
    2.604 Disclosure Obligations for Attorneys Appearing Before
    the Securities Exchange Commission
    2.605 Attorney-Client Privilege Waived by Inadvertent
    Disclosure

2.7 SAFEKEEPING PROPERTY AND TRUST ACCOUNTING
    2.701 Rules Governing Trust Accounts and Interest on
    Lawyers Trust Accounts
    2.702 IOLTA Accounts
    2.703 Non-IOLTA Accounts
    2.704 Approved Financial Institutions
    2.705 Funds Deposited in the Trust Account
    2.706 Notification of Receipt of Funds
    2.707 Accounting
    2.708 Prompt Payment or Delivery of Funds
    2.709 Recordkeeping Requirements
    2.710 Required Accounting Procedures
    2.711 Disbursement on Uncollected Funds Improper
    2.712 Lawyer’s Responsibility for Nonlawyer Support Staff
    2.713 Risk Management and Good Practices

2.8 FAIRNESS IN DEALING WITH OPPOSING AND THIRD
PARTIES
    2.801 Receiving Inadvertently Transmitted Confidential
    Information
    2.802 Using Surreptitious Means to Acquire Information
    During Investigations
    2.803 Communicating with Persons Represented by Counsel
    2.804 Communicating with Adversary’s Expert
    2.805 Communicating with Adversary’s Health Care Provider
    2.806 Dealing with Unrepresented Persons

2.9 SUMMARY AND REVIEW: AVOIDING BAR COMPLAINTS
    2.901 Common Complaints Against Lawyers
    2.902 Avoiding Complaints

CHAPTER 3: LITIGATION: CIVIL AND CRIMINAL

3.1 CIVIL PRACTICE IN THE GENERAL DISTRICT COURTS
    3.101 Jurisdiction
    3.102 Venue and Service of Process
    3.103 Institution of an Action
    3.104 Specific Actions
    3.105 Procedure in the General District Court
    3.106 Finality of Judgment
    3.107 Satisfaction of Judgment
    3.108 Substitution of Counsel
    3.109 Withdrawal as Counsel

3.2 CIVIL PRACTICE—COURTS OF RECORD
    3.201 Introduction
    3.202 Proper Venue
    3.203 Complaint
    3.204 Service of Process
    3.205 Defensive Pleadings
    3.206 Discovery
    3.207 Pretrial Motions
    3.208 Scheduling Cases for Trial
    3.209 Witnesses
    3.210 Court Reporter
    3.211 Initial Stage of Trial
    3.212 Evidence
    3.213 Motions During Trial
    3.214 Nonsuit
    3.215 Instructions and Argument
    3.216 Verdicts and Motions After Verdict
    3.217 Final Disposition of the Case
    3.218 Appellate Practice Rules
    3.219 Settlement of Cases
    3.220 Financial Settlement with Client

3.3 CRIMINAL DEFENSE
    3.301 Introduction to the Criminal Process
    3.302 Pretrial Proceedings
    3.303 The Trial

3.4 JUVENILE LAW
    3.401 Introduction
    3.402 Pretrial Proceedings
    3.403 Adjudicatory Hearing
    3.404 Disposition Hearing

3.5 ALTERNATIVE DISPUTE RESOLUTION
    3.501 Dispute Resolution Options
    3.502 Primary ADR Processes
    3.503 Comparison of Litigation and the Primary ADR
    Processes
    3.504 Hybrid ADR Processes
    3.505 Other ADR Processes
    3.506 Benefits of Using ADR
    3.507 The Lawyer’s Role in ADR
    3.508 Advising the Client About ADR
    3.509 Explaining the Processes
    3.510 Case Selection for ADR
    3.511 Preparing the Client for Mediation
    3.512 Persuading the Opposing Party to Mediate
    3.513 Timing of ADR
    3.514 Selecting a Mediator
    3.515 Participation in ADR
    3.516 Reviewing the Agreement

APPENDIX 3-1: LIST OF STANDARD GENERAL DISTRICT COURT
FORMS

APPENDIX 3-2: COMPLAINT—VEHICLE ACCIDENT

APPENDIX 3-3: COMPLAINT—BODILY INJURY

APPENDIX 3-4: ORDER APPOINTING DEFENDANT’S ATTORNEY
AS GUARDIAN AD LITEM

APPENDIX 3-5: ORDER EXTENDING TIME TO FILE
RESPONSIVE PLEADINGS

APPENDIX 3-6: RESPONSIVE PLEADING

APPENDIX 3-7: DEMURRER

APPENDIX 3-8: MOTION OF DEFENDANT FOR A BILL OF
PARTICULARS

APPENDIX 3-9: SPECIAL PLEA OF THE STATUTE OF
LIMITATIONS

APPENDIX 3-10: ANSWER

APPENDIX 3-11: MOTION FOR SUMMARY JUDGMENT

APPENDIX 3-12: PRAECIPE

APPENDIX 3-13: REQUEST TO CLERK TO ISSUE
SUBPOENAS

APPENDIX 3-14: JUDGMENT ORDER—BENCH TRIAL

APPENDIX 3-15: JUDGMENT ORDER—JURY VERDICT FOR
PLAINTIFF

APPENDIX 3-16: JUDGMENT ORDER—JURY VERDICT FOR
DEFENDANT

APPENDIX 3-17: DISMISSAL ORDER

APPENDIX 3-18: RELEASE OF ALL CLAIMS

APPENDIX 3-19: MOTION TO APPROVE COMPROMISE
SETTLEMENT—MINOR PLAINTIFF

APPENDIX 3-20: ANSWER OF DEFENDANT OFFERING
COMPROMISE

APPENDIX 3-21: ANSWER OF THE GUARDIAN AD LITEM

APPENDIX 3-22: ORDER APPROVING SETTLEMENT

APPENDIX 3-23: RECEIPTS

APPENDIX 3-24: JUDGMENT ORDER—WRONGFUL DEATH
SETTLEMENT

CHAPTER 4: EMPLOYMENT LAW: EMPLOYEE RIGHTS AND
EMPLOYER RESPONSIBILITIES

4.1 INTRODUCTION
    4.101 In General
    4.102 History of Employment at Will in Virginia

4.2 FEDERAL CIVIL RIGHTS STATUTES
    4.201 In General
    4.202 42 U.S.C. § 1981
    4.203 42 U.S.C. § 1983
    4.204 Title VII of the Civil Rights Act of 1964

4.3 THE VIRGINIA HUMAN RIGHTS ACT

4.4 AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

4.5 AMERICANS WITH DISABILITIES ACT (ADA)
    4.501 Scope
    4.502 Aspects of Employment Covered
    4.503 “Qualified Individuals
    4.504 Duty of Reasonable Accommodation
    4.505 Undue Hardship
    4.506 Remedies
    4.507 Business Necessity Defense

4.6 VIRGINIANS WITH DISABILITIES ACT (VDA)

4.7 FAIR LABOR STANDARDS ACT (FLSA)
    4.701 In General
    4.702 Wage and Hour Law
    4.703 Coverage
    4.704 Exceptions
    4.705 Exemptions from Minimum Wage and Overtime
    4.706 Job Requirements Cannot Reduce Pay
    4.707 Overtime Compensation
    4.708 Time Worked
    4.709 Workweek
    4.710 Record-Keeping and Posting
    4.711 Retaliation
    4.712 Audits; Actions Against State Employers
    4.713 State Wage and Hour Law
    4.714 State Wage Payment Laws
    4.715 Child Labor
    4.716 Potential for New FLSA Regulations

4.8 THE FEDERAL EQUAL PAY ACT (EPA)
    4.801 Sex-Based Wage Disparities
    4.802 Employers and Employees Covered
    4.803 Definition of Equal Work
    4.804 Components of Equal Work
    4.805 Retaliation
    4.806 Employers’ Defenses

4.9 THE FAMILY AND MEDICAL LEAVE ACT (FMLA)
    4.901 In General
    4.902 Coverage
    4.903 Eligible Employees
    4.904 Events That Trigger Entitlement to FMLA Leave
    4.905 Notice from Employee
    4.906 Length and Timing of FMLA Leave
    4.907 Paid or Unpaid Leave
    4.908 Employee’s Right to Return to Work
    4.909 Returning Employee’s Rights
    4.910 Notice to Employees
    4.911 Health Benefits Continuation
    4.912 Other Benefits Required to Be Continued
    4.913 Medical Certifications
    4.914 Employer Records
    4.915 Other Employee Rights
    4.916 Interaction with the Americans with Disabilities Act

4.10 UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT (USERRA)
    4.1001 In General
    4.1002 Coverage
    4.1003 Notice to Employer
    4.1004 Cost of Benefits
    4.1005 Waiver of Benefits
    4.1006 Health Benefits
    4.1007 Use of Paid Leave
    4.1008 Reemployment
    4.1009 Dishonorable Discharge
    4.1010 Documentation
    4.1011 Time Limits for Reporting or Application
    4.1012 Effect of Untimely Reporting or Application
    4.1013 Reemployment Position
    4.1014 Reemployment Benefits
    4.1015 Compliance Problems
    4.1016 Reinstatement of Health Benefits
    4.1017 Retention Rights

4.11 OCCUPATIONAL SAFETY AND HEALTH ACTS, FEDERAL
AND STATE (OSHA)
    4.1101 In General
    4.1102 State Enforcement
    4.1103 Employer Coverage
    4.1104 Employers’ Primary Obligations
    4.1105 Other Rights, Responsibilities, and Duties
    4.1106 Elements of an OSHA Violation
    4.1107 Defenses
    4.1108 Warrants
    4.1109 Citations
    4.1110 Contesting Citations
    4.1111 Employee Coverage and Nondiscrimination Rules
    4.1112 Work Refusals
    4.1113 Procedure for Discrimination Cases
    4.1114 Penalties and Remedies

4.12 UNIONS
    4.1201 In General
    4.1202 Protected Concerted Activity and Union Organizing
    4.1203 Preelection Campaigning
    4.1204 Access to Employer’s Property
    4.1205 Duty to Bargain
    4.1206 Purchases, Acquisitions, and the Obligation to
    Recognize the Union
    4.1207 Unfair Labor Practice Charges

4.13 WORKERS’ COMPENSATION
    4.1301 Exclusive Remedy
    4.1302 Respondeat Superior

4.14 SOCIAL-MEDIA POLICIES
    4.1401 Potential Risks Related to Social-Media Use
    4.1402 Employees’ Use
    4.1403 Supervisors’ Use
    4.1404 Potential Risks Relating to Social-Media Regulation
    4.1405 Employment Law Statutes
    4.1406 Key Social-Media Policy Provisions

CHAPTER 5: BUSINESS LAW

5.1 COMPARISON OF BUSINESS ENTITIES
    5.101 Introduction
    5.102 Sole Proprietorships
    5.103 Corporations
    5.104 General Partnerships
    5.105 Limited Partnerships
    5.106 Registered Limited Liability Partnerships
    5.107 Limited Liability Companies
    5.108 Business Trusts

5.2 CORPORATIONS
    5.201 The Virginia Stock Corporation Act
    5.202 Articles of Incorporation
    5.203 Capitalization; Shares of Stock
    5.204 Directors, Officers, and Agents
    5.205 Filing and Fees
    5.206 Post-Incorporation Organization
    5.207 Annual Reports and Fees
    5.208 Domestication and Conversion
    5.209 Benefit Corporations
    
5.3 PARTNERSHIPS
    5.301 Nature of Partnerships
    5.302 Relations of Partners to Third Parties
    5.303 Relationship of Partners to Each Other and to the
    Partnership
    5.304 Limited Liability Partnerships
    5.305 Professional Service Limited Liability Partnerships

5.4 LIMITED LIABILITY COMPANIES
    5.401 In General
    5.402 Nature of the LLC
    5.403 Terminology
    5.404 Structuring Issues
    5.405 Nontax Issues
    5.406 Tax Issues
    5.407 Default Rules
    5.408 Articles of Organization
    5.409 Annual Registration Fee and Report
    5.410 Ownership and Members
    5.411 Operating Agreement
    5.412 Management Structure
    5.413 Financial Arrangements
    5.414 Assignments of Membership Interests

5.5 CONTRACT DRAFTING PRINCIPLES
    5.501 Goals and Strategies
    5.502 Function of the Contract
    5.503 Top Ten Drafting Techniques

5.6 ANTITRUST CONSIDERATIONS
    5.601 Overview
    5.602 Competition During the Pendency of a Transaction
    5.603 Document Creation
    5.604 Information Sharing
    5.605 Drafting Considerations

APPENDIX 5-1: ARTICLES OF INCORPORATION WITH
INDEMNITY PROVISIONS

APPENDIX 5-2: SUBSCRIPTION LETTER

APPENDIX 5-3: UNANIMOUS WRITTEN CONSENT IN LIEU
OF ORGANIZATIONAL MEETING

APPENDIX 5-4: CORPORATION BYLAWS

APPENDIX 5-5: PARTNERSHIP AGREEMENT

APPENDIX 5-6: OPERATING AGREEMENT WITH BUY-SELL
PROVISION AND OPTIONAL MANAGER-MANAGEMENT
PROVISIONS

APPENDIX 5-7: ARTICLES OF ORGANIZATION

APPENDIX 5-8: IDENTIFICATION OF PARTIES

APPENDIX 5-9: COVENANT NOT TO COMPETE

APPENDIX 5-10: DISTRIBUTOR’S ASSURANCES TO
SUPPLIER

APPENDIX 5-11: STATED OBLIGATIONS

APPENDIX 5-12: LIMITATION OF LIABILITY;
INDEMNIFICATION

APPENDIX 5-13: INDEMNIFICATION

APPENDIX 5-14: INSURANCE

APPENDIX 5-15: REPRESENTATIONS AND WARRANTIES

APPENDIX 5-16: SURVIVAL PROVISION

APPENDIX 5-17: COVENANTS

APPENDIX 5-18: CONDITIONS

APPENDIX 5-19: DISPUTE RESOLUTION

CHAPTER 6: FAMILY LAW


6.1 INTRODUCTION

6.2 DIVORCE A VINCULO MATRIMONII
    6.201 Jurisdiction
    6.202 Venue
    6.203 Special Parties
    6.204 Grounds of Divorce
    6.205 Initial Pleadings in Divorce
    6.206 Pendente Lite Relief
    6.207 Motions
    6.208 Information-Gathering and Discovery
    6.209 Evidentiary Issues
    6.210 Equitable Distribution
    6.211 Spousal Support
    6.212 Child Custody and Visitation
    6.213 Child Support
    6.214 Attorney Fees and Costs
    6.215 Property Settlement Agreements
    6.216 Corroboration of Grounds for Divorce
    6.217 Final Decree of Divorce (a vinculo matrimonii)
    6.218 Legal Effects of Divorce
    6.219 Transfer of Case
    6.220 Legal Concerns After the Entry of Final Decree of
    Divorce

6.3 DIVORCE FROM BED AND BOARD (A MENSA ET THORO)
    6.301 In General
    6.302 Grounds of Divorce from Bed and Board (a mensa et
    thoro)
    6.303 Pleadings
    6.304 When to Seek Divorce from Bed and Board
    6.305 Legal Effects of Divorce from Bed and Board
    6.306 Merger of Divorce from Bed and Board into Final
    Divorce

6.4 ACTIONS TO AFFIRM OR ANNUL MARRIAGE
    6.401 Actions to Affirm Marriage
    6.402 Actions to Annul Marriage

6.5 ACTIONS FOR SEPARATE MAINTENANCE
    6.501 In General
    6.502 Pleadings

6.6 JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURT
    6.601 In General
    6.602 Seminars and Educational Programs
    6.603 Jurisdiction
    6.604 Venue
    6.605 Pleadings
    6.606 Service of Process and Notice
    6.607 Discovery
    6.608 Evidentiary Issues
    6.609 Attorney Fees
    6.610 Spousal Support
    6.611 Virginia Military Parents Equal Protection Act
    6.612 Custody and Visitation
    6.613 Child Support
    6.614 Uniform Interstate Family Support Act (UIFSA)

6.7 APPEAL FROM JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURT TO CIRCUIT COURT
    6.701 In General
    6.702 Time Limitations
    6.703 Effect of Appeal on Juvenile and Domestic Relations
    District Court Order

6.8 MODIFICATION OF AWARDS
    6.801 Equitable Distribution
    6.802 Spousal Support
    6.803 Child Custody and Visitation
    6.804 Child Support

6.9 ENFORCEMENT OF AWARDS
    6.901 Equitable Distribution
    6.902 Spousal Support
    6.903 Child Custody and Visitation
    6.904 Child Support

6.10 ADOPTION
    6.1001 Introduction
    6.1002 Legal Basis for Adoption
    6.1003 Jurisdiction
    6.1004 Venue
    6.1005 Proceedings in Juvenile and Domestic Relations
    District Court
    6.1006 Proceedings in the Circuit Court
    6.1007 Agency Placement Adoption
    6.1008 Parental Placement Adoption
    6.1009 Stepparent Adoption
    6.1010 Close Relative Adoption
    6.1011 Adult Adoption
    6.1012 Foster Care Placement Adoption
    6.1013 Special Needs Adoption
    6.1014 Interstate Adoption
    6.1015 Intercountry Adoption
    6.1016 Final Order of Adoption
    6.1017 Legal Effects of Adoption

APPENDIX 6-1: ACCEPTANCE OF SERVICE OF PROCESS AND
WAIVER OF FUTURE SERVICE OF PROCESS AND
NOTICE

APPENDIX 6-2: COMPLAINT FOR DIVORCE A MENSA ET
THORO

APPENDIX 6-3: COMPLAINT—ONE YEAR SEPARATION—
INCORPORATING AGREEMENT

APPENDIX 6-4: COMPLAINT—ONE YEAR SEPARATION—NO
AGREEMENT—COLLATERAL ISSUES PLEADED

APPENDIX 6-5: DECREE—SEPARATION OF ONE YEAR

APPENDIX 6-6: PRIVATE ADDENDUM TO FINAL DECREE OF
DIVORCE

APPENDIX 6-7: CLAUSE GRANTING SOLE CUSTODY—
SPECIFIED VISITATION

APPENDIX 6-8: ORDER OF SUPPORT—CHILD AND SPOUSAL
(COMPUTER GENERATED)

APPENDIX 6-9: PETITION FOR ADOPTION

APPENDIX 6-10: INTERLOCUTORY ORDER

APPENDIX 6-11: ORDER OF REFERENCE

APPENDIX 6-12: FINAL ORDER OF ADOPTION

APPENDIX 6-13: FINAL ORDER OF ADOPTION AFTER
INTERLOCUTORY ORDER

CHAPTER 7: THE LAW OF DEFAMATION

7.1 INTRODUCTION

7.2 NATURE OF THE COMMUNICATION
    7.201 In General
    7.202 “Communication” Requirement
    7.203 Civil Versus Criminal Defamation
    7.204 Libel Versus Slander
    7.205 Liability for Third Party’s Defamation
    7.206 United Kingdom Law

7.3 PUBLICATION OF THE COMMUNICATION
    7.301 In General
    7.302 Intra-Corporate Communication
    7.303 Other Publication Issues
    7.304 Repetition by the Alleged Defamer
    7.305 Republication by Others
    7.306 Failure to Act as Actionable “Publication”
    7.307 Role of Court and Jury

7.4 INTERPRETING THE COMMUNICATION
    7.401 Basic Rules
    7.402 Print Media
    7.403 Role of Court and Jury

7.5 FACT VERSUS OPINION
    7.501 In General
    7.502 Federal Constitutional Protection
    7.503 Virginia Constitutional Protection
    7.504 Four-Part Test
    7.505 Difficulty of Drawing the Line
    7.506 Relationship Between Opinion and Facts
    7.507 Ironic Nature of the Opinion Doctrine
    7.508 Recent Virginia Supreme Court Cases
    7.509 Examples of Actionable Statements of Fact
    7.510 Examples of Nonactionable Opinion
    7.511 Workplace Defamation
    7.512 Rhetorical Hyperbole
    7.513 Role of Court and Jury

7.6 DEFAMATORY MEANING
    7.601 In General
    7.602 Per Se Versus Per Quod Defamation
    7.603 Elements
    7.604 Difficulty of Drawing the Line
    7.605 Examples of Communications Capable of Defamatory
    Meaning
    7.606 Examples of Communications Not Capable of
    Defamatory Meaning
    7.607 Job Evaluations and Terminations
    7.608 Role of Court and Jury

7.7 TRUTH VERSUS FALSITY
    7.701 In General
    7.702 Burden of Proof
    7.703 “Substantial Truth”
    7.704 Examples of Technically False but “Substantially True”
    Statements
    7.705 True Statements with Defamatory Implications
    7.706 Truthful Transmission of a Third Party’s Defamation
    Without Endorsement
    7.707 True Statements Believed to Be False
    7.708 Binding Nature of Plaintiff’s Admission of Truth
    7.709 Role of Court and Jury

7.8 DEFAMATION BY IMPLICATION
    7.801 In General
    7.802 Virginia Approach
    7.803 Examples of Statements Carrying Defamatory
    Implication
    7.804 Examples of Statements Not Carrying Defamatory
    Implication
    7.805 Intent
    7.806 Role of Court and Jury

7.9 DEFAMATION PER SE
    7.901 In General
    7.902 Categories
    7.903 Special Damages
    7.904 Examples of Communications Constituting Defamation
    Per Se
    7.905 Examples of Communications Not Constituting
    Defamation Per Se
    7.906 Confusion About the Per Se Doctrine
    7.907 Workplace Defamation
    7.908 Defamation of Corporations
    7.909 Continuing Importance of the Doctrine
    7.910 Role of Court and Jury

7.10 WORK-RELATED DEFAMATION
    7.1001 In General
    7.1002 Federal Labor Law Preemption
    7.1003 Federal ERISA Preemption
    7.1004 OSHA Preemption
    7.1005 Workers’ Compensation Law
    7.1006 Arbitration Agreements
    7.1007 Compulsory Counterclaims
    7.1008 Other Issues

7.11 RELATIONSHIP TO OTHER CLAIMS
    7.1101 In General
    7.1102 Constitutional Torts
    7.1103 Insulting Words
    7.1104 Right to Privacy and “False Light”
    7.1105 Misappropriation of Name or Likeness for Commercial
    Purposes
    7.1106 Other Common Law Tort Claims by Public Plaintiffs
    7.1107 Intentional Infliction of Emotional Distress
    7.1108 Intentional Interference with Contract
    7.1109 Torts Focusing on the Newsgathering Process
    7.1110 Statutory Conspiracy
    7.1111 Contracts
    7.1112 RICO Claims
    7.1113 Other Statutes

7.12 STATUTE OF LIMITATIONS
    7.1201 In General
    7.1202 Publication
    7.1203 “Single Publication” Rule
    7.1204 Accrual Based on Extrinsic Events
    7.1205 Republication
    7.1206 Actions Based on Third Party’s Communication
    7.1207 Pleading Exact Words as Creating a New Cause of
    Action
    7.1208 Tolling of the Statute of Limitations
    7.1209 Simultaneous Criminal and Civil Cases
    7.1210 Relation Back
    7.1211 Choice of Law
    7.1212 Role of Court and Jury

7.13 SUBJECT OF THE COMMUNICATION
    7.1301 Introduction
    7.1302 “Of and Concerning” Test
    7.1303 Categories of Subjects
    7.1304 Public Versus Private
    7.1305 Corporate Plaintiffs
    7.1306 “Libel-Proof” Doctrine and Related Concepts
    7.1307 Product Disparagement
    7.1308 Slander of Title
    7.1309 Food Disparagement
    7.1310 Role of Court and Jury

7.14 ABSOLUTE PRIVILEGE
    7.1401 In General
    7.1402 Governments and Their Employees
    7.1403 Statutory Absolute Privilege
    7.1404 Church Matters
    7.1405 Legislators
    7.1406 Mandated Statements
    7.1407 Charitable Immunity
    7.1408 Judicial Proceedings
    7.1409 Quasi-Judicial Proceedings
    7.1410 Context of the Statements: Peripheral
    Communications
    7.1411 Legislative Proceedings
    7.1412 Role of Court and Jury

7.15 QUALIFIED PRIVILEGE
    7.1501 In General
    7.1502 Statutory Qualified Privilege
    7.1503 Common Law Qualified Privilege Generally
    7.1504 Abuse of the Privilege
    7.1505 Fair Reports of Public Records
    7.1506 Comment on Matters of Public Concern
    7.1507 Role of Court and Jury

7.16 FAULT: DEFINING THE STANDARDS
    7.1601 Introduction
    7.1602 Constitutional Malice
    7.1603 Negligence

7.17 FAULT: PUBLIC PLAINTIFFS
    7.1701 In General
    7.1702 History
    7.1703 New York Times Doctrine
    7.1704 Defamatory Implication
    7.1705 Defendants Who Deny Making the Alleged
    Statements
    7.1706 Burden of Proof
    7.1707 Role of Court and Jury

7.18 FAULT: PRIVATE PLAINTIFFS
    7.1801 In General
    7.1802 The Virginia Standard Generally
    7.1803 Applying the Standard
    7.1804 Role of Court and Jury

7.19 IMPUTED LIABILITY
    7.1901 In General
    7.1902 Corporations
    7.1903 Agent’s Individual Liability
    7.1904 Principal’s Primary Liability for Third Party’s
    Defamation
    7.1905 Compensatory Damages
    7.1906 Punitive Damages
    7.1907 Role of Court and Jury

7.20 DAMAGES
    7.2001 In General
    7.2002 Presumed Damages
    7.2003 Compensatory Damages
    7.2004 Punitive Damages
    7.2005 Statutory Mitigation

7.21 LITIGATION: PRELIMINARY ISSUES
    7.2101 In General
    7.2102 Arbitration
    7.2103 Exhaustion of Remedies
    7.2104 Standing
    7.2105 Suing the Right Defendant
    7.2106 Subject Matter Jurisdiction: Federal Courts
    7.2107 Subject Matter Jurisdiction: State Courts
    7.2108 Personal Jurisdiction
    7.2109 Long-Arm Jurisdiction: Traditional Rules
    7.2110 Long-Arm Jurisdiction: Internet Defamation
    7.2111 Venue
    7.2112 Choice of Laws

7.22 LITIGATION: INITIAL PLEADINGS AND SUMMARY
DISPOSITIONS
    7.2201 In General
    7.2202 Initial Pleading: Identifying the Exact Defamatory
    Statement
    7.2203 Initial Pleading: Other Specificity Requirements
    7.2204 Statutory Provisions
    7.2205 Court as Gatekeeper
    7.2206 Demurrers
    7.2207 New Federal Standard for Motion to Dismiss
    7.2208 Preserving Defenses After Unsuccessful Demurrer
    7.2209 Repleading
    7.2210 Nonsuits
    7.2211 Motions to Strike
    7.2212 Amendments
    7.2213 Summary Judgment

7.23 LITIGATION: OTHER ISSUES
    7.2301 In General
    7.2302 Discovery
    7.2303 Dilemma Facing Defendants Who Deny Making the
    Defamatory Statements
    7.2304 Reporter’s Privilege
    7.2305 Judicial Estoppel
    7.2306 Collateral Estoppel
    7.2307 Injunctions
    7.2308 Consent
    7.2309 Evidentiary Issues
    7.2310 Sanctions
    7.2311 Jury Instructions
    7.2312 Offset
    7.2313 Rule 50 Motions
    7.2314 Remittitur
    7.2315 New Trials
    7.2316 Avoiding Constitutional Issues
    7.2317 Other Issues

7.24 LITIGATION: APPEALS
    7.2401 In General
    7.2402 Standard of Review
    7.2403 Damages
    7.2404 Remittitur

7.25 PRACTICAL CONSIDERATIONS
    7.2501 In General
    7.2502 Mirage of Substantial Damages
    7.2503 “Skeletons in the Closet”
    7.2504 Media Defendants’ Ability to Declare a Victory
    7.2505 Conclusion

INDEX

Volume 2

CHAPTER 8: INTELLECTUAL PROPERTY


8.1 TRADE SECRETS
    8.101 Introduction
    8.102 What Is a Trade Secret?
    8.103 Protecting and Maintaining Trade Secrets
    8.104 Limiting Disclosure of Trade Secrets
    8.105 Nondisclosure Agreements
    8.106 Misappropriation of Trade Secrets
    8.107 Remedies for Misappropriation of Trade Secrets
    8.108 Defenses to Misappropriation of Trade Secrets
    8.109 Duration of Trade Secret Protection
    8.110 Trade Secrets Versus Other Forms of Intellectual
    Property

8.2 COPYRIGHTS
    8.201 Introduction
    8.202 What Is a Copyright?
    8.203 Creation and Ownership of Copyrighted Works
    8.204 When Copyright Protection Begins
    8.205 Copyright Notice
    8.206 Moral Rights
    8.207 Copyright Registration
    8.208 Copyright Preregistration
    8.209 Copyright Registration Procedures
    8.210 Benefits of Copyright Registration
    8.211 Registration of Compilations
    8.212 Term of Copyright
    8.213 Copyright Searching
    8.214 Copyright Licenses, Transfers, and Assignments
    8.215 Uniform Computer Information Transactions Act
    8.216 Security Interests in Copyrights
    8.217 Copyright Infringement
    8.218 Digital Millennium Copyright Act
    8.219 Defenses to Copyright Infringement
    8.220 Remedies for Copyright Infringement
    8.221 Copyright Versus Other Forms of Intellectual Property
    Protection
    8.222 Foreign Copyright Protection
    8.223 Company Logos

8.3 TRADEMARKS
    8.301 Introduction
    8.302 What Is a Trademark?
    8.303 Types of Marks
    8.304 Selecting a Trademark
    8.305 Spectrum of Distinctiveness
    8.306 Ownership and Use of Trademarks
    8.307 Converging Use of Trademarks
    8.308 Registration of Trademarks
    8.309 Federal Trademark Examination Process
    8.310 Publication Period for Federal Trademarks
    8.311 Issuance of Federal Registration
    8.312 Issuance of Federal Notice of Allowance
    8.313 Federal Trademark Registration Symbol
    8.314 Benefits of Federal Trademark Registration
    8.315 Federal Trademark Maintenance and Renewal Filings
    8.316 International Trademark Registration: The Madrid
    Protocol
    8.317 Virginia Trademark Registration Process
    8.318 Benefits of State Trademark Registration
    8.319 Virginia Trademark Renewal Filings
    8.320 Maintaining Trademark Rights
    8.321 Term of Trademark Rights
    8.322 Transfer, Assignment, and Licensing of Trademarks
    8.323 Trademark Infringement Generally
    8.324 Trademark Trial and Appeals Board
    8.325 Trademark Infringement in the Fourth Circuit
    8.326 Trademark Infringement in Virginia
    8.327 Defenses to Trademark Infringement
    8.328 Anticybersquatting Consumer Protection Act
    8.329 Remedies for Trademark Infringement
    8.330 Alternative Dispute Resolution
    8.331 Trademark Dilution
    8.332 Remedies for Trademark Dilution
    8.333 Trademark Versus Other Forms of Intellectual
    Property Protection

8.4 PATENTS
    8.401 Introduction
    8.402 What Is a Patent?
    8.403 Invention Creation and Patent Ownership
    8.404 Preservation of Patent Rights
    8.405 Who May File a Patent Application?
    8.406 Patent Examination Process
    8.407 Benefits of Patenting
    8.408 Categories of United States Patents
    8.409 Types of Patent Applications
    8.410 Patentability of Inventions
    8.411 Patent Term
    8.412 Patent Marking
    8.413 Patent Licensing
    8.414 Security Interests in Patents
    8.415 Intellectual Property Valuation
    8.416 Patent Infringement
    8.417 Test for Infringement
    8.418 Remedies for Infringement
    8.419 Defenses to Patent Infringement
    8.420 Patent Versus Other Forms of Intellectual Property
    Protection

APPENDIX 8-1: INTELLECTUAL PROPERTY ASSIGNMENT
AGREEMENT FOR NEWLY HIRED EMPLOYEES Disc

APPENDIX 8-2: MUTUAL NONDISCLOSURE AGREEMENT
(TRANSACTIONAL)

APPENDIX 8-3: NONDISCLOSURE AGREEMENT
(DEVELOPMENT OF INTELLECTUAL PROPERTY)

APPENDIX 8-4: COPYRIGHT ASSIGNMENT AGREEMENT
(SOFTWARE)

APPENDIX 8-5: COPYRIGHT REGISTRATION APPLICATION
FOR A NONDRAMATIC LITERARY WORK (FORM TX)

APPENDIX 8-6: CLICKWRAP LICENSE AGREEMENT FOR
INTERNET ACCESSIBLE SOFTWARE

APPENDIX 8-7: COPYRIGHT ASSIGNMENT AGREEMENT
(PLAY)

APPENDIX 8-8: SOFTWARE DEVELOPMENT AND
CONSULTING AGREEMENT

APPENDIX 8-9: TRADEMARK CERTIFICATE OF
REGISTRATION

APPENDIX 8-10: TRADEMARK CEASE AND DESIST LETTER

APPENDIX 8-11: TRADEMARK ASSIGNMENT AGREEMENT

APPENDIX 8-12: REGISTERED UTILITY PATENT

APPENDIX 8-13: SIMPLE INVENTION RIGHTS ASSIGNMENT
BY EMPLOYEE TO EMPLOYER

CHAPTER 9: REPRESENTING DEBTORS AND CREDITORS


9.1 FAIR DEBT COLLECTION PRACTICES ACT
    9.101 In General
    9.102 Applicability
    9.103 Required Disclosures
    9.104 Manner of Disputing the Debt
    9.105 Time Limits
    9.106 Restrictions on Communications
    9.107 Harassment or Abuse
    9.108 False or Misleading Representations
    9.109 Application of Payments
    9.110 Venue
    9.111 Enforcement
    9.112 Bankruptcy Cases

9.2 BRINGING SUIT TO COLLECT A DEBT
    9.201 Introduction
    9.202 Choice of State or Federal Court
    9.203 Choice of Circuit or General District Court
    9.204 Venue
    9.205 Identifying the Parties
    9.206 Service of Process
    9.207 Civil Warrant or Motion for Judgment Under
    Section 8.01-28
    9.208 Confession of Judgment
    9.209 Suit for Money Judgment in General District Court
    9.210 Courtroom Proceedings in General District Court
    9.211 Actions in Circuit Court

9.3 ENFORCEMENT OF JUDGMENT LIENS
    9.301 Introduction
    9.302 Enforcing an Equitable Decree
    9.303 Perfecting a Judgment Lien on Real Estate
    9.304 Execution Against Tangible Personal Property
    9.305 Execution Against Intangible Personal Property
    9.306 Garnishment
    9.307 Interrogatories to a Debtor
    9.308 Creditor’s Suit to Enforce a Judgment Lien
    9.309 Suspension of Driving Privileges

9.4 ENFORCEMENT OF SECURITY INTERESTS
    9.401 In General
    9.402 Importance of the Security Agreement
    9.403 Possession
    9.404 Bankruptcy
    9.405 Duties of a Secured Party in Possession
    9.406 Sale or Other Disposition
    9.407 Private Sale
    9.408 Public Sale
    9.409 Acceptance of Collateral in Full or Partial Satisfaction
    of Obligation
    9.410 Disposition of Consumer Goods and Investment
    Securities
    9.411 Application of Proceeds of Sale or Other Disposition
    9.412 Right of Redemption
    9.413 Debtor’s Remedies for Improper Disposition
    9.414 “Lender Liability” Issues

9.5 REAL PROPERTY FORECLOSURES
    9.501 Deed of Trust
    9.502 Trustee
    9.503 How the Lien Is Established
    9.504 Priorities
    9.505 Right of Redemption
    9.506 The Decision to Foreclose
    9.507 Gathering Documentation
    9.508 Notice of Sale
    9.509 Substitute Trustee
    9.510 Review of Liens and Other Matters
    9.511 Mechanics’ Liens
    9.512 Title Company’s Liability for Title Reports
    9.513 Federal Tax Lien
    9.514 Advertisement of Sale
    9.515 Conduct of Sale
    9.516 Settlement
    9.517 Accounting
    9.518 Deed in Lieu of Foreclosure
    9.519 Recent Virginia Legislation
    9.520 Recent Federal Efforts
    9.521 Effect of Partial Reinstatement
    
APPENDIX 9-1: COVER LETTER

APPENDIX 9-2: FAIR DEBT COLLECTION PRACTICES ACT
(FDCPA) NOTICE

APPENDIX 9-3: AFFIDAVIT OF SERVICE BY SPECIAL
PROCESS SERVER

APPENDIX 9-4: NOTICE AND MOTION FOR JUDGMENT

APPENDIX 9-5: BILLS OF PARTICULARS

APPENDIX 9-6: NOTICE OF LIEN

APPENDIX 9-7: COMPLAINT

APPENDIX 9-8: NOTICE—MOTION FOR APPOINTMENT OF
COMMISSIONER IN CHANCERY

APPENDIX 9-9: DECREE OF REFERENCE APPOINTING A
COMMISSIONER IN CHANCERY

APPENDIX 9-10: NOTICE THAT COMMISSIONER IN
CHANCERY WILL FILE REPORT

APPENDIX 9-11: REPORT OF COMMISSIONER IN CHANCERY

APPENDIX 9-12: DECREE FOLLOWING COMMISSIONER’S
REPORT (APPROVING THE REPORT, APPOINTING A
SPECIAL COMMISSIONER, AND ORDERING SALE OF
THE PROPERTY)

APPENDIX 9-13: ADVERTISEMENT OF SALE

APPENDIX 9-14: NOTICE—MOTION TO CONFIRM SALE

APPENDIX 9-15: DECREE CONFIRMING SALE

APPENDIX 9-16: SUPPLEMENTAL REPORT OF
COMMISSIONER IN CHANCERY

APPENDIX 9-17: NOTICE—MOTION TO CONFIRM REPORT
OF SPECIAL COMMISSIONER

APPENDIX 9-18: REPORT OF SPECIAL COMMISSIONER

APPENDIX 9-19: SPECIAL WARRANTY DEED

APPENDIX 9-20: SECOND REPORT OF SPECIAL
COMMISSIONER

APPENDIX 9-21: DECREE CONFIRMING REPORT AND
DISCHARGING SPECIAL COMMISSIONER

APPENDIX 9-22: “DEFAULT” PROVISION FOR SECURITY
AGREEMENT

APPENDIX 9-23: PROVISION FOR SECURITY AGREEMENT
COVERING ACCOUNTS, CHATTEL PAPER, OR
INSTRUMENTS

APPENDIX 9-24: PROVISION FOR AGREEMENT REQUIRING
THE COLLATERAL TO BE ASSEMBLED AT A GIVEN
LOCATION

APPENDIX 9-25: ACKNOWLEDGMENT OF DEFAULT AND
WAIVER OF RIGHTS OF REDEMPTION AND
NOTIFICATION OF SALE

APPENDIX 9-26: PROVISION FOR AGREEMENT ALLOWING
THE SECURED PARTY TO ENTER THE DEBTOR’S
PREMISES

APPENDIX 9-27: VERIFIED PETITION FOR ENTRY OF AN
ORDER OF SEIZURE IN DETINUE

APPENDIX 9-28: ORDER OF SEIZURE IN DETINUE

APPENDIX 9-29: NOTICE OF SALE OR OTHER DISPOSITION

APPENDIX 9-30: ACCELERATION LETTER WITH 30-DAY
FDCPA (FIRST COMMUNICATION) LANGUAGE

APPENDIX 9-31: AFFIDAVIT OF NONMILITARY STATUS

APPENDIX 9-32: LOST NOTE AFFIDAVIT

APPENDIX 9-33: LOST NOTE LETTER

APPENDIX 9-34: ENGAGEMENT LETTER

APPENDIX 9-35: NOTICE OF SALE LETTER

APPENDIX 9-36: NOTICE TO CONDOMINIUM OWNERS’
ASSOCIATION

APPENDIX 9-37: TRUSTEES’ APPOINTMENT DEED

APPENDIX 9-38: PETITION FOR AID AND DIRECTION

APPENDIX 9-39: REQUEST FOR TITLE REPORT (AND
COMMITMENT)

APPENDIX 9-40: NOTICE TO INTERNAL REVENUE SERVICE

APPENDIX 9-41: INTERNAL REVENUE SERVICE RIGHT OF
REDEMPTION

APPENDIX 9-42: NOTICE OF TRUSTEES’ SALE—
RESIDENTIAL

APPENDIX 9-43: SUBJECT TO PROVISION (CONDOMINIUM)

APPENDIX 9-44: AS IS DISCLAIMER

APPENDIX 9-45: FORFEITURE AND NEXT HIGHEST BIDDER
PROVISION

APPENDIX 9-46: CLOSING PROVISIONS

APPENDIX 9-47: MEMORANDUM OF SALE

APPENDIX 9-48: TRUSTEE’S DEED

APPENDIX 9-49: LETTER TO COMMISSIONER OF ACCOUNTS

APPENDIX 9-50: FORECLOSURE CHECKLIST

CHAPTER 10: CONSUMER LAW

10.1 VIRGINIA LAW
    10.101 Introduction
    10.102 Regulation of Interest Rates and Other Charges
    10.103 Virginia Laws Relating to Mortgage Loans
    10.104 Requirements of Chapter 15 of Title 6.2, “Consumer
    Finance Companies”
    10.105 Miscellaneous Laws Relating to Consumer Credit
    Transactions and Consumer Protection
    10.106 Privacy
    10.107 Electronic Commerce
    
10.2 FEDERAL LAW
    10.201 Introduction
    10.202 Truth in Lending Act
    10.203 Equal Credit Opportunity Act
    10.204 Fair Credit Reporting Act
    10.205 Real Estate Settlement Procedures Act
    10.206 Fair Debt Collection Practices Act
    10.207 Electronic Fund Transfer Act
    10.208 Interstate Land Sales Act
    10.209 Flood Disaster Protection
    10.210 Privacy
    10.211 Magnuson-Moss Warranty Federal Trade Commission
    Improvement Act
    10.212 SAFE Act
    10.213 Truth in Savings Act
    10.214 FTC Rules
    10.215 Miscellaneous

CHAPTER 11: REAL ESTATE PRACTICE


11.1 RESIDENTIAL REAL ESTATE CLOSINGS
    11.101 Legislation Affecting Real Estate Closings
    11.102 Representing the Purchaser
    11.103 The Closing
    11.104 Post-Closing
    11.105 Representing the Seller

11.2 RESIDENTIAL LEASES
    11.201 Common Law Principles
    11.202 Exceptions to Common Law Principles
    11.203 The Virginia Residential Landlord and Tenant Act or
    the Virginia Rental Housing Act
    11.204 Rental Agreements
    11.205 Landlord Obligations Under VRLTA
    11.206 Tenant Obligations
    11.207 Tenant Remedies
    11.208 Landlord Remedies
    11.209 Retaliatory Action
    11.210 Manufactured Home Lot Rental Act
    11.211 Residential Lead-Based Paint Regulations

APPENDIX 11-1: PURCHASER’S REPRESENTATION
INFORMATION AND CHECKLIST

APPENDIX 11-2: RESIDENTIAL CONTRACT OF PURCHASE—
VBA FORM

APPENDIX 11-3: SAMPLE OWNERS’ AFFIDAVIT AS TO
MECHANICS’ LIENS AND POSSESSION

APPENDIX 11-4: VIRGINIA ASSOCIATION OF REALTORS
RESIDENTIAL CONTRACT OF PURCHASE

APPENDIX 11-5: AFFIDAVIT THAT TRANSFEROR IS NOT
FOREIGN NONINDIVIDUAL FOR PURPOSE OF
WITHHOLDING OF TAX

APPENDIX 11-6: AFFIDAVIT THAT TRANSFEROR IS NOT
FOREIGN INDIVIDUAL FOR PURPOSE OF
WITHHOLDING OF TAX

APPENDIX 11-7: CERTIFICATE OF RESIDENCY

APPENDIX 11-8: SELLER’S REPRESENTATION INFORMATION
AND CHECKLIST

APPENDIX 11-9: RESIDENTIAL LEASE AGREEMENT—VRLTA
FORM

APPENDIX 11-10: GENERAL WARRANTY DEED: VBA FORM

CHAPTER 12: EMINENT DOMAIN


12.1 SCOPE OF CHAPTER

12.2 OVERVIEW
    12.201 History
    12.202 Fundamental Principles of Government Takings
    12.203 United States Constitution
    12.204 Virginia Constitution

12.3 LIMITATIONS ON POWER
    12.301 Limitations on Public Use
    12.302 Limitations on Delegation of Power

12.4 PROCEDURE
    12.401 In General
    12.402 Right of Entry for Preliminary Site Inspections
    12.403 Disputes Regarding Entry
    12.404 Jurisdictional Prerequisites for Condemnation
    Petitions
    12.405 Quick-Take
    12.406 Commencement of Quick-Take Proceedings
    12.407 Jurisdiction of Condemnation Proceedings
    12.408 Petition for Condemnation
    12.409 Answer and Defenses to the Take
    12.410 Failure to File an Answer
    12.411 Owner Under Legal Disability
    12.412 Amendments to Pleadings
    12.413 Intervention of Interested Parties
    12.414 Participation of Tenants in Proceedings to Determine
    Just Compensation
    12.415 Pretrial Settlement Conference
    12.416 Jurisdictional Hearing
    12.417 Disputes over Ownership
    12.418 Right of Entry After Filing a Petition for Condemnation
    12.419 Selection of Jury
    12.420 Appointment of Commissioners
    12.421 Exceptions to Jurors’ Report
    12.422 Judgment and Postjudgment Procedures
    12.423 Distribution of Money Paid into Court
    12.424 Interest on the Award of Just Compensation
    12.425 Recovery of Costs and Fees
    12.426 Real Property Acquisition Policies
    12.427 Reimbursement of Attorney Fees in Special Cases:
    Condemnation, Abandonment, Dismissal, and
    Inverse Condemnation

12.5 COUNTIES, CITIES, AND TOWNS
    12.501 In General
    12.502 Condemnation Resolutions
    12.503 County’s Use of Quick-Take Procedures
    12.504 Special Procedures for Establishing or Altering Roads
    and Bridges

12.6 VIRGINIA DEPARTMENT OF TRANSPORTATION
    12.601 In General
    12.602 Negotiations Before Condemnation
    12.603 Valuation Criteria for Enhancement or Damage to the
    Residue
    12.604 Draw Down of Funds on Deposit
    12.605 Remedy for VDOT’s Failure to Initiate Condemnation
    Proceedings
    12.606 Interest on Awards or Draw Downs
    12.607 Owner Reacquisition of Property

12.7 REDEVELOPMENT AND HOUSING AUTHORITIES
    12.701 In General
    12.702 Conservation Plans
    12.703 Industrial Development
    12.704 Time Limitations on Redevelopment Plans

12.8 VALUATION
    12.801 Introduction
    12.802 Fair Market Value
    12.803 Alternate Valuations
    12.804 Valuation Formula
    12.805 Highest and Best Use
    12.806 Use and Marketability
    12.807 Enhancement Benefits
    12.808 Project Influence on Appreciation and Depreciation
    12.809 Unity of Parcels
    12.810 Probability of Rezoning
    12.811 Raw, Unimproved, or Undeveloped Land
    12.812 Valuation of Property as a Whole
    12.813 Special Purpose Properties
    12.814 Fixtures and Improvements
    12.815 Timber, Crops, and Minerals
    12.816 Business Losses
    12.817 Lost Profits
    12.818 Temporary Takings
    12.819 Damages Without Comparable Sales
    12.820 Contractor Negligence
    12.821 Standards of Compensability
    12.822 Cost to Cure
    12.823 Compensability of Specific Elements of Damage
    or Loss
    12.824 Access to and from the Property
    12.825 Inconvenience
    12.826 Evidence
    12.827 Owner’s Testimony
    12.828 The Appraiser
    12.829 Predicate Witnesses
    12.830 Speculative or Remote Valuation

12.9 INVERSE CONDEMNATION
    12.901 Traditional Inverse Condemnation
    12.902 Statute of Limitations
    12.903 Kitchen v. City of Newport News

12.10 REGULATORY TAKINGS
    12.1001 In General
    12.1002 Substantive Due Process

12.11 TAX ASPECTS OF CONDEMNATION PROCEEDS

12.12 PRECONDEMNATION ADVICE FOR OWNERS

12.13 RELOCATION ASSISTANCE
    12.1301 In General
    12.1302 Reimbursement for Moving Residential Personal
    Property
    12.1303 Supplement for Purchase of Comparable Housing
    12.1304 Supplemental Payment for Replacement Rental
    Housing
    12.1305 Lump-Sum Payment to Business for Moving
    Expenses
    12.1306 Business Reestablishment Expenses
    12.1307 Payment to Businesses for Loss of Tangible Personal
    Property
    12.1308 Last Resort Housing

APPENDIX 12-1: GOVERNMENT AGENCIES AND PUBLIC
UTILITIES WITH POWER OF EMINENT DOMAIN AND
THEIR AUTHORIZING LEGISLATIVE ACTS

APPENDIX 12-2: CERTIFICATE OF PARTIAL SATISFACTION

APPENDIX 12-3: TRUSTEE(S) AND BENEFICIARY CONSENT

APPENDIX 12-4: SUBORDINATION AGREEMENT

APPENDIX 12-5: PETITION PURSUANT TO SECTION 33.1-124
OF THE VIRGINIA CODE (BEFORE SUIT FILED)

APPENDIX 12-6: ORDER ENTERED PURSUANT TO SECTION
33.1-124 OF THE VIRGINIA CODE (BEFORE SUIT
FILED)

APPENDIX 12-7: PETITION PURSUANT TO SECTION 33.1-124
OF THE VIRGINIA CODE (AFTER SUIT FILED)

APPENDIX 12-8: ORDER PURSUANT TO SECTION 33.1-124 OF
THE VIRGINIA CODE (AFTER SUIT FILED)

CHAPTER 13: ESTATE PLANNING AND ADMINISTRATION


13.1 INTRODUCTION TO ESTATE PLANNING

13.2 STARTING THE PROCESS
    13.201 Initial Contact
    13.202 Scheduling the Interview

13.3 COLLECTING INFORMATION
    13.301 What Information to Ask for
    13.302 How to Ask for Information

13.4 RECOGNIZING ETHICAL DILEMMAS

13.5 CONDUCTING THE INTERVIEW

13.6 MAPPING THE PLAN

13.7 FORMS OF OWNERSHIP
    13.701 Fee Simple
    13.702 Tenants in Common
    13.703 Joint Tenants with Right of Survivorship
    13.704 Tenants by the Entirety
    13.705 Community Property
    13.706 Payable on Death Accounts
    13.707 Transfer on Death Accounts

13.8 SPOUSE’S ELECTIVE SHARE
    13.801 In General
    13.802 Description and Timing
    13.803 Property Included in the Augmented Estate
    13.804 Excluded Property
    13.805 Meaning of “Property”
    13.806 How the Augmented Estate Is Satisfied

13.9 OTHER STATUTORY ALLOWANCES
    13.901 Family Allowance
    13.902 Exempt Property
    13.903 Homestead Allowance

13.10 REASONS FOR HAVING A WILL
    13.1001 Control over Disposition of Property
    13.1002 Reduction of Estate Taxes
    13.1003 Control over Naming Fiduciaries
    13.11 TYPES OF TRUSTS
    13.1101 In General
    13.1102 Revocable and Irrevocable Trusts Compared
    13.1103 Inter Vivos and Testamentary Trusts Compared
    13.1104 Probate Fees and Administration Expenses
    13.1105 Federal Income Taxes: Grantor Versus Nongrantor
    Trusts

13.12 USES OF TRUSTS
    13.1201 Avoiding Probate
    13.1202 Managing Assets
    13.1203 Tax Savings
    13.1204 Providing for Minors and Other Persons Under a
    Disability
    13.1205 Providing for Spendthrifts

13.13 ALTERNATIVES TO TRUSTS
    13.1301 Uniform Transfers to Minors Act
    13.1302 Uniform Custodial Trust Act
    13.1303 POD Bank Accounts, Savings Accounts and United
    States Savings Bonds; TOD Investments
    13.1304 Survivorship

13.14 PLANNING FOR MARRIED COUPLES
    13.1401 Marital Agreements
    13.1402 Providing for a Spouse While Controlling the
    Disposition of the Remainder

13.15 DRAFTING WILLS AND TRUSTS
    13.1501 Will Statutes
    13.1502 Will Forms
    13.1503 Living Trusts
    13.1504 Revocable Trust Form

13.16 POWERS OF ATTORNEY
    13.1601 In General
    13.1602 Types of Powers of Attorney
    13.1603 Construction of Powers of Attorney
    13.1604 “Durable” Powers of Attorney
    13.1605 Contingent Powers of Attorney Versus Delivery
    in Escrow
    13.1606 Ending the Power of Attorney
    13.1607 Relationship Between Guardian and Agent Under
    Durable Power of Attorney or Advance Directive
    13.1608 Final Directives: Health Care Powers of Attorney,
    Advance Directives, and Do Not Resuscitate Orders

13.17 CHOOSING FIDUCIARIES
    13.1701 In General
    13.1702 Executors
    13.1703 Trustees, Guardians, and Attorneys-in-Fact
    13.1704 Co-Fiduciaries
    13.1705 Other Considerations

13.18 EXECUTING AND SAFEKEEPING DOCUMENTS
    13.1801 Reviewing Documents
    13.1802 Execution of Wills
    13.1803 Execution of Other Estate Planning Documents
    13.1804 Safekeeping of the Documents
    13.1805 Terminating the Representation

13.19 INITIATING THE ESTATE ADMINISTRATION PROCESS
    13.1901 Introduction and Definitions
    13.1902 Ethical Considerations
    13.1903 Personal Decisions After Death
    
13.20 PROBATE AND QUALIFICATION
    13.2001 Jurisdiction
    13.2002 Who May Qualify as Personal Representative
    13.2003 Requirements for Probate of a Will
    13.2004 Methods of Probate
    13.2005 Probate of Lost or Destroyed Will
    13.2006 Probate of Later Will
    13.2007 Probate of Foreign Will
    13.2008 Compelling Production of Will
    13.2009 Destroying or Concealing Will
    13.2010 Practical Aspects of Ex Parte Probate and
    Qualification Before Clerk
    13.2011 Probate and Qualification Order
    
13.21 ADMINISTRATION AFTER PROBATE
    13.2101 In General
    13.2102 Powers and Duties of Personal Representatives
    13.2103 Notice of Probate
    13.2104 Collection of Assets
    13.2105 Filing the Inventory
    13.2106 Managing and Administering Assets
    13.2107 Filing Tax Returns
    13.2108 Commissioner of Accounts
    13.2109 Decedent’s Electronic Communications and Records

13.22 WINDING UP AND SETTLEMENT OF THE ESTATE
    13.2201 Debts and Demands
    13.2202 Distribution of Assets
    13.2203 Filing the Accounting
    13.2204 Distribution of Final Assets

APPENDIX 13-1: INITIAL LETTER TO CLIENT

APPENDIX 13-2: ENGAGEMENT LETTER

APPENDIX 13-3: SHORT-FORM QUESTIONNAIRE

APPENDIX 13-4: NON-TAX WILL FOR SINGLE PERSON
WITH TRUST FOR YOUNG BENEFICIARIES

APPENDIX 13-5: NON-TAX WILL WITH TRUST FOR
CHILDREN

APPENDIX 13-6: POUR-OVER WILL

APPENDIX 13-7: NON-TAX TRUST WITH TRUST FOR
CHILDREN

APPENDIX 13-8: MEMORANDUM OF UNDERSTANDING
ACCOMPANYING POWER OF ATTORNEY

APPENDIX 13-9: MEMORANDUM OF ESCROW DELIVERY OF
POWER OF ATTORNEY

APPENDIX 13-10: ADVANCE MEDICAL DIRECTIVE AND
AUTHORIZATION TO MAKE ANATOMICAL GIFTS

APPENDIX 13-11: GENERAL DURABLE POWER OF
ATTORNEY

CHAPTER 14: INCAPACITATED ADULTS: GUARDIANSHIP
AND CONSERVATORSHIP

14.1 INTRODUCTION

14.2 PETITION FOR APPOINTMENT
    14.201 Definitions
    14.202 Filing the Petition
    14.203 Contents of the Petition
    14.204 Notice Requirements

14.3 GUARDIAN AD LITEM
    14.301 Certification
    14.302 Role
    14.303 Respondent’s Right to Counsel and Trial
    14.304 Statutory Duties in General
    14.305 Investigation
    14.306 Personal Appearance
    14.307 Report
    14.308 Fees

14.4 EVALUATION REPORT
    14.401 In General
    14.402 Contents
    14.403 Obtaining the Evaluation

14.5 HEARING

14.6 QUALIFICATION OF GUARDIAN OR CONSERVATOR

14.7 POWERS AND DUTIES OF GUARDIAN
    14.701 Powers in General
    14.702 Effect of Prior Advance Medical Directive or Power
    of Attorney
    14.703 Contact with Incapacitated Person
    14.704 Mandated Reporter
    14.705 Fiduciary Capacity
    14.706 Limitations on Authority
    14.707 Annual Reports
    14.708 Fees
    14.709 Short-Term Psychiatric Hospitalization

14.8 POWERS AND DUTIES OF CONSERVATOR
    14.801 Powers in General
    14.802 Sale of Real Estate
    14.803 Estate Planning
    14.804 Mandated Reporter
    14.805 Inventory and Accountings
    14.806 Fees

14.9 RESTORATION, MODIFICATION, OR TERMINATION
    14.901 Petition
    14.902 Relief
    14.903 Procedure
    14.904 Findings
    14.905 Termination

14.10 STANDBY GUARDIAN

14.11 VIRGINIA UNIFORM ADULT GUARDIANSHIP AND
PROTECTIVE PROCEEDINGS ACT
    14.1101 In General
    14.1102 Jurisdictional Rules
    14.1103 Transfer of Authority
    14.1104 Status of Orders from Other States

APPENDIX 14-1: PETITION FOR APPOINTMENT OF
GUARDIAN AND CONSERVATOR

APPENDIX 14-2: EVALUATION FORM

APPENDIX 14-3: ORDER APPOINTING GUARDIAN AD LITEM

APPENDIX 14-4: NOTICE

APPENDIX 14-5: REPORT OF GUARDIAN AD LITEM

APPENDIX 14-6: ORDER APPOINTING CONSERVATOR AND
GUARDIAN

CHAPTER 15: ADMINISTRATIVE LAW

15.1 SOURCES OF VIRGINIA ADMINISTRATIVE LAW
    15.101 Virginia Administrative Agencies Generally
    15.102 Agency Authorizing Statutes (Basic Law)
    15.103 Virginia Administrative Process Act
    15.104 Exemptions
    15.105 Case Law
    15.106 Federal Law

15.2 AGENCY RULEMAKING
    15.201 In General
    15.202 Notice of Intended Regulatory Action
    15.203 Proposed Regulations
    15.204 Fast-Track Rulemaking
    15.205 Evidentiary Hearings
    15.206 Emergency Regulations
    15.207 Formal Adoption and Filing of Regulations
    15.208 Executive Review
    15.209 Legislative Review

15.3 AGENCY PERMITTING AND ENFORCEMENT ACTIONS
    15.301 In General
    15.302 Exemptions
    15.303 Informal Fact Finding
    15.304 Formal Evidentiary Hearings
    15.305 Summary Case Decision Proceedings
    15.306 Time Limits for Issuance of Decisions
    15.307 Final Orders

15.4 JUDICIAL REVIEW
    15.401 In General
    15.402 Exemptions
    15.403 Circuit Court Review
    15.404 Scope of Judicial Review
    15.405 Court Judgments and Intermediate Relief
    15.406 Appellate Review of the Circuit Courts’ Decisions

15.5 SPECIFIC AGENCIES
    15.501 In General
    15.502 Starting Point for Analysis
    15.503 Virginia Department of Alcoholic Beverage Control
    (Alcoholic Beverage Control Board)
    15.504 Environmental Regulation
    15.505 Occupational Health and Safety
    15.506 Professional and Occupational Licensing
    15.507 Transportation

15.6 STATE CORPORATION COMMISSION (SCC)
    15.601 Introduction
    15.602 Exemption from the Administrative Process Act
    15.603 Sources of SCC Law
    15.604 Administrative Procedure Generally
    15.605 Forms of SCC Proceedings
    15.606 SCC Rulemaking
    15.607 SCC Adjudications
    15.608 SCC Hearing Examiners
    15.609 Judicial Review of SCC Decisions
    15.610 Subject-Matter Jurisdiction of the SCC

APPENDIX 15-1: AGENCY RULEMAKING PROCESS

APPENDIX 15-2: AGENCY ADJUDICATIONS PROCESS

TABLE OF AUTHORITIES

INDEX


Authors

Editors

Dean E. Lhospital, Lewis & Lhospital PLLC / Charlottesville (Expand/Collapse Bio)

Dean E. Lhospital, co-editor of this book and co-author of Chapter 3, is a partner at Lewis & Lhospital PLLC in Charlottesville, a litigation and transaction firm representing clients in a variety of matters. Mr. Lhospital has handled cases in state and federal trial courts across Virginia and appeals before the Virginia Court of Appeals, Virginia Supreme Court, and the United States Court of Appeals for the Fourth Circuit. Mr. Lhospital is on the Executive Committee of the Board of Governors for the Virginia State Bar Young Lawyers Conference. He also sits on the Board of Governors for the Virginia Association of Criminal Defense Lawyers, the Virginia Law Foundation Committee on Continuing Legal Education, and the Advisory Council for the Legal Aid Justice Center in Charlottesville. He received his J.D. from George Mason University School of Law, where he was the Editorin- Chief of the Journal of Law, Economics & Policy.

Timothy L. McHugh, Hunton & Williams / Richmond (Expand/Collapse Bio)

Timothy L. McHugh, co-editor of this book, is a member of the Environmental Practice Group at Hunton & Williams in Richmond. His practice focuses on environmental and administrative law, with an emphasis on compliance, enforcement, and litigation involving air, water, and waste laws. His professional memberships include: the American Bar Association, Section on Environment, Energy, and Resources; the Virginia Bar Association, Young Lawyers Division; the Federal Bar Association; and, the Richmond Bar Association. As a member of the Virginia Bar Association’s Young Lawyers Division, Mr. McHugh coordinates the Virginia Bar Association Veterans Initiative Task Force’s recruitment and retention of volunteer attorneys committed to assisting Virginia’s veterans with legal issues related to their military service. Mr. McHugh received his J.D. from Washington University in St. Louis School of Law, cum laude, and B.S. degrees in Political Science and Criminal Justice from Appalachian State University.

Authors

John K. Byrum, Jr., Woods Rogers PLC / Richmond (Expand/Collapse Bio)

John K. Byrum, Jr., co-author of Chapter 15, is a principal with Woods Rogers PLC in its sections of regulated industries, environmental law, administrative law, litigation, and appellate practice. Mr. Byrum was a member of the University of Richmond Law Review and Moot Court Board and published articles in the Law Review as well as the National Journal of Trial Advocacy. He served for eight years as an Assistant Attorney General in the Office of the Attorney General of Virginia, five of those as the lead litigator for the Commonwealth’s several environmental agencies. In that capacity, he handled cases at both the state and federal levels, in administrative proceedings, at trial, and on appeal before the Court of Appeals of Virginia, the Virginia Supreme Court, and the United States Court of Appeals for the Fourth Circuit.

William H. Casterline, Jr., Blankingship & Keith, PC / Fairfax (Expand/Collapse Bio)

William H. Casterline, Jr., co-author of Chapter 9, is a principal with Blankingship & Keith, P.C. His practice focuses on commercial real estate and creditors’ rights. Since 1981, Mr. Casterline has handled hundreds of residential and commercial foreclosures and related bankruptcies. Mr. Casterline is the editor of Virginia Foreclosure Practice, published by Virginia CLE, and he frequently lectures to banks on foreclosures and creditors’ rights in bankruptcies. He has been retained in dozens of cases as an expert witness on foreclosures and trustee duties. Mr. Casterline received a B.A., cum laude, from the University of Richmond in 1973 and earned a J.D. from the Marshall-Wythe School of Law at the College of William and Mary, where he served on the Law Review. Following law school, he served as a captain in the United States Army Judge Advocate General’s Corps. Mr. Casterline is admitted to practice law before the United States Supreme Court, the United States Court of Military Appeals, and all Virginia federal and state courts. He is a fellow of the American College of Real Estate Lawyers and a member of the American College of Mortgage Lawyers.

Lindsey A. Coley, Gentry Locke Rakes & Moore, LLP / Roanoke (Expand/Collapse Bio)

Lindsey A. Coley, co-author of Chapter 13, is a partner at Gentry Locke Rakes & Moore, LLP, in Roanoke. Ms. Coley practices law in the areas of estate planning, estate administration, and employment. She is an active member of the Roanoke Bar Association and serves on the Board of Governors for the Virginia State Bar Young Lawyers Conference, Board of Directors for the Smith Mountain Lake Regional Chamber of Commerce, and the Roanoke Valley Society for Human Resource Management. Ms. Coley received her B.S., magna cum laude, from Elon University and earned her J.D. and an MBA from the University of Dayton. She has been named a Virginia Super Lawyers “Rising Star” for the past four years.

Kay M. Creasman, Old Republic Title Company / Richmond (Expand/Collapse Bio)

Kay M. Creasman, co-author of Chapter 11, is Virginia Counsel and Assistant Vice President for Old Republic National Title Insurance Company. Ms. Creasman received a B.S. from Athens College, an M.Ed. from Tulane University, and a J.D. from the T.C. Williams School of Law, University of Richmond. Since 1976 she has, at various times, maintained a private law practice in the Richmond area focusing on real estate, small business matters, and wills; owned and operated a high volume title insurance and non-attorney settlement agency; been employed by national underwriters as counsel in Virginia and West Virginia; and spoken at numerous seminars on real estate and title insurance. Ms. Creasman is a past president of the Virginia Land Title Association (VLTA), the 2010 recipient of the VLTA Distinguished Service Award, and an active member of the Board of Governors of the Real Estate Section of the Virginia State Bar.

Taylor T. Denslow, GEICO Staff Counsel / Richmond (Expand/Collapse Bio)

Taylor T. Denslow, co-author of Chapter 1, is a staff attorney with GEICO Staff Counsel in Richmond, where she represents the company and its insureds in personal injury and property damage lawsuits. Ms. Denslow earned her B.S. in Psychology and Spanish from Davidson College in 2008 and her J.D. from the University of South Carolina School of Law in 2011. During law school, she was a member of the Editorial Board of the South Carolina Law Review and President of the Health Law Society. Before joining GEICO, she was a litigator in private practice. Ms. Denslow is a member of the Richmond Bar Association.

Thomas M. Dunlap, Dunlap Bennett & Ludwig PLLC / Leesburg (Expand/Collapse Bio)

Thomas M. Dunlap, co-author of Chapter 8, is the managing partner of Dunlap Bennett & Ludwig, PLLC, which was named a Best of Virginia firm by Virginia Living for 2014 and 2015. Mr. Dunlap’s practice focuses on transactions and disputes in patent, copyright, trademark, aviation, and commercial law, and he has handled cases in courts across the United States. Mr. Dunlap has taught numerous CLE courses in intellectual property and has often been named a Virginia and Washington D.C. SuperLawyer and included in Virginia Business magazine’s Legal and Business Elite. He is a founder and original patent holder of the biotechnology company Ceres Nanosciences, Inc., where he currently serves as chairman. He has served as a special prosecutor in Loudoun County and has a background in retail commercial banking and finance at JP Morgan Chase and the Bank of New York. Mr. Dunlap received his B.A. from Lafayette College and his J.D. from Washington & Lee University (Phi Delta Phi) and has a dual degree (MS Biotechnology/MBA) cum laude from the University of Maryland. He is a graduate of Army OCS and has commanded an infantry company in the U.S. Army. He is an avid sailor, pilot, and practitioner of martial arts.

Anthony Gambardella, Woods Rogers PLC / Richmond (Expand/Collapse Bio)

Anthony Gambardella, co-author of Chapter 15, is a principal in the firm of Woods Rogers PLC, where his practice is concentrated in administrative, public utility, and telecommunications law and related litigation. Mr. Gambardella was formerly the General Counsel of the Virginia State Corporation Commission and head of the Commission’s Office of General Counsel, with responsibilities for legal advice and litigation in public utility, communications, insurance, banking, and securities regulation. He has also served as a Senior Assistant Attorney General of Virginia in charge of the then Antitrust and Consumer Litigation Section of that Office. He practiced law in the District of Columbia from 1971 to 1976, specializing in nuclear energy regulation. Mr. Gambardella holds a B.A. in economics from the College of William and Mary and a J.D. from the University of Virginia School of Law. He is a member of the bar in Virginia and the District of Columbia.

Leslie A. T. Haley, Haley Law PLC / Richmond (Expand/Collapse Bio)

Leslie A. T. Haley, author of Chapter 2, is currently providing legal ethics and law office management advice and counsel to lawyers and law firms. Ms. Haley is the former Senior Assistant Ethics Counsel for the Virginia State Bar, where she spent 14 years advising Virginia lawyers and judges on questions of ethics and lawyer advertising as well as unauthorized practice of law issues. She served as staff liaison to the Legal Ethics Committee and drafted numerous advisory ethics opinions. She is a frequent author and lecturer on various CLE topics both in Virginia and on a national level and teaches Legal Skills at William and Mary School of Law.

Robert P. Henley, Hirschler Fleischer / Richmond (Expand/Collapse Bio)

Robert P. Henley, co-author of Chapter 8, is a principal in the Business Section at Hirschler Fleischer in Richmond. Mr. Henley has counseled clients on a variety of intellectual property matters, including transactional and enforcement issues in relation to trademarks, copyrights, trade secrets, unfair competition, false advertising, and other technology and Internetrelated matters. Mr. Henley’s practice also includes advising clients in connection with franchising, private securities offerings, and other corporate matters. He is a member of the American Bar Association (Forum on Franchising), the Virginia State Bar, the Richmond Bar Association, and the D.C. Bar Association. Mr. Henley has been listed in Virginia Business magazine’s “Legal Elite” in 2007, 2008, and 2009. He received his B.A. from the University of Virginia and his J.D. from the University of Denver School of Law.

Steven L. Higgs, Steven L. Higgs, PC / Roanoke (Expand/Collapse Bio)

Steven L. Higgs, co-author of Chapter 9, is the principal of Steven L. Higgs, P.C., in Roanoke. He is certified in Creditors’ Rights and in Consumer Bankruptcy Law by the American Board of Certification. His areas of practice include representing creditors in bankruptcy cases, creditors’ rights, civil litigation, and commercial real estate. Mr. Higgs earned a B.A. from Washington and Lee University in 1980 and a J.D. in 1983 from the T.C. Williams School of Law, University of Richmond. He is a frequent speaker for Virginia CLE and is a contributing author of four Virginia Lawyers Practice Deskbooks: Bankruptcy Practice in Virginia (3d ed. 2012), Debt Collection for Virginia Lawyers—A Systematic Approach (5th ed. 2013), Enforcement of Liens and Judgments in Virginia (6th ed. 2009), and The Virginia Lawyer—A Deskbook for Practitioners (5th ed. 2015). Mr. Higgs is the author or coauthor of more than 100 articles, seminar outlines, and book chapters on bankruptcy law, creditors’ rights law, legal ethics, and real estate foreclosures. He is a past president of the Roanoke Bar Association and a member of the American Bar Association, the Virginia State Bar, and the American Bankruptcy Institute. He is a Fellow of the American Bar Association, the Virginia Law Foundation, the Roanoke Law Foundation, the Litigation Counsel of America, and the National Conference of Bar Presidents.

Henry E. Howell, III, The Eminent Domain Litigation Group, PLC / Norfolk (Expand/Collapse Bio)

Henry E. Howell, III, co-author of chapter 12, is the principal member of The Eminent Domain Litigation Group, P.L.C., where he practices in eminent domain and property rights litigation for owners. Mr. Howell has specialized in representing owners in eminent domain proceedings for the past nine years. He is admitted to practice before the Virginia and United States District Courts (Eastern District of Virginia and Western District of Virginia) and the United States Court of Appeals for the Fourth Circuit. Mr. Howell is a member of the Virginia Beach, Norfolk, and Portsmouth bar associations. He earned his B.A. and J.D. degrees from the University of Virginia.

Zachary Kitts, K&G Law Group, PLLC / Fairfax (Expand/Collapse Bio)

Zachary Kitts, author of Chapter 4, is a partner at K&G Law Group, PLLC, where he concentrates his practice in qui tam litigation, employment law, unfair competition/business torts, and other complex commercial litigation. In qui tam litigation, Mr. Kitts represents qui tam relators (or whistleblowers, as they are sometimes called) in litigation under the federal False Claims Act, the Virginia Fraud Against Taxpayers Act, and other state false claims statutes. He has prosecuted a variety of qui tam claims in courts across the country against health care providers, defense contractors, and financial institutions. To date, his cases have returned more than $79 million to the public fisc.

Mr. Kitts is widely recognized as a leading expert on state False Claims Act legislation and was the principal architect behind the comprehensive 2011 amendments to the Virginia Fraud Against Taxpayers Act. He has also testified before a number of other state legislatures, including Maryland, Ohio, and Arizona. His blog, www.vaquitamlaw.com, is one of the most widely read blogs on the topic of state false claims legislation and litigation. Mr. Kitts has been included in Virginia Super Lawyers magazine every year since 2011 and was included in the 2015 edition of Best Lawyers in America. He received his B.A. from George Mason University in 1998 and his J.D. from American University’s Washington College of Law in 2001. He is licensed to practice before all of the state and federal courts in Virginia, the District of Columbia, and Maryland. He has also been admitted on a pro hac vice basis to various other state and federal courts across the country.

Michael G. Matheson, ThompsonMcMullan, PC / Richmond (Expand/Collapse Bio)

Michael G. Matheson, co-author of Chapter 11, is a civil litigation attorney who regularly represents clients in cases involving land use, local government law, commercial law, and construction law. Mr. Matheson received a B.S. in Business-Economics from Virginia Commonwealth University and, in 2011, earned his J.D. summa cum laude from the University of Richmond’s T.C. Williams School of Law. As a law student, Mr. Matheson served as the Executive Editor of the Richmond Law Review, Vol. 46. He is a member of the Order of the Coif and the McNeil Law Society. In 2010, Mr. Matheson was a student clerk for the Hon. James R. Spencer (Ret.) of the United States District Court for the Eastern District of Virginia. Upon graduation, he served as judicial law clerk for the Hon. Michael C. Allen (Ret.) of the Circuit Court for Chesterfield County.

Mr. Matheson currently serves as Treasurer of the Chesterfield Bar Association. He is also a member of the Richmond Bar Association and the Real Estate Section of the Virginia State Bar. Mr. Matheson published an article entitled Best Practices for Disbursing Client Trust Account Funds: Observations and Lessons from a “Nigerian Check Scam” in the Fall 2014 edition of Fee Simple, the newsletter of the Virginia State Bar Real Property Section.

James G. McEwen, Sikorsky Aircraft Corp. / Stratford, CT (Expand/Collapse Bio)

James G. McEwen, co-author of Chapter 8, is a Senior Intellectual Property Attorney at Sikorsky Aircraft Corporation. Until recently, he was a partner at Stein McEwen, LLP in Washington D.C., where he worked on complex IP procurement issues, especially in the area of patent prosecution, reissues, and reexaminations. Mr. McEwen has also worked on intellectual property licensing with private parties and the federal government. He has previously been active in the Office of Counsel for the Naval Surface Warfare Center (Carderock Division) and the Office of Counsel for Naval Air Systems Command. Mr. McEwen is a frequent lecturer and author of numerous articles on intellectual property and licensing topics, and he is a recent coauthor of IP and Technology in Government Contracts: Procurement and Partnering at the Federal and State Level (2014 ed.). He received a B.S. in Aerospace Engineering from the University of Texas and a J.D. from the George Washington University Law School.

Dewey B. Morris, ThompsonMcMullan, PC / Richmond (Expand/Collapse Bio)

Dewey B. Morris, author of Chapter 10, is a member of the firm of ThompsonMcMullan in Richmond. His practice focuses on consumer financial services but also includes banking, asset-based lending, and general corporate law. He is listed in Best Lawyers in America, Virginia Business magazine’s list of “Legal Elite,” and Virginia Super Lawyers. He is a Founding Fellow of the American College of Consumer Financial Services Lawyers, a permanent member of the Fourth Circuit Judicial Conference, and a member of the Committee on Consumer Financial Services of the ABA Section of Business Law. Mr. Morris received a B.A., with honors, from the University of Virginia and, following service on active duty in the United States Marine Corps, graduated from the University of Virginia School of Law. During law school, he was on the Board of Editors of the Virginia Law Review, a winner of the Lyle Moot Court Competition, and a member of the National Moot Court Team. Mr. Morris represents a number of licensees under the Virginia Mortgage Lender and Broker Act and the Virginia Consumer Finance Act and is counsel to the Virginia Association of Mortgage Brokers and the Virginia Financial Services Association.

Elizabeth P. Murtagh, Charlottesville-Albemarle Public Defenders Office / Charlottesville (Expand/Collapse Bio)

Elizabeth P. Murtagh, co-author of Chapter 3, serves as the Deputy Public Defender for the Charlottesville-Albemarle Public Defenders Office. Ms. Murtagh is a frequent lecturer on the representation of children in court for continuing legal education programs and also for the Criminal Defense Clinic at the University of Virginia Law School. She has served as a member of several Indigent Defense Commission committees, including the Juvenile Law Study Group, the Standards of Practice Committee, the Appellate Default Committee, and the Criminal Law Section Board of Governors of the Virginia State Bar. She was also an investigator in the ABA study, An Assessment of Access to Counsel and the Quality of Representation in Delinquency Proceedings in Virginia. Ms. Murtagh received her J.D. from Washington and Lee University, where she was an associate editor for the Virginia Capital Case Clearinghouse Digest. She received her B.S.W. from Virginia Commonwealth University.

Beth A. Norton, Kaufman & Canoles / Norfolk (Expand/Collapse Bio)

Beth A. Norton, co-author of Chapter 1, is an associate in the Litigation Section of Kaufman & Canoles in Norfolk, specializing primarily in medical malpractice and health care regulatory matters. Ms. Norton is a member of the Virginia Bar Association, Norfolk-Portsmouth Bar Association, Federal Bar Association, Virginia Association of Defense Attorneys, and the Defense Research Institute. She earned her B.S. from Old Dominion University in 2011 and her J.D. from the University of Virginia School of law. Prior to law school, Ms. Norton raised two daughters and practiced as a registered nurse with the University of Pittsburgh, Sentara, and Bon Secours health systems. In law school, she concentrated her studies on health law and served as an editor of the Virginia Journal of Social Policy and the Law.

Hon. Robert A. Pustilnik, Richmond General District Court (Ret.) / Richmond (Expand/Collapse Bio)

Judge Robert A. Pustilnik, co-author of Chapter 9, served as judge of the Richmond General District Court, Civil Division, prior to his retirement in 2013. He had previously been a partner in a very active collection practice from 1969 until April 2002. Judge Pustilnik has been a regular speaker for Virginia CLE, the Richmond Bar Association, and other professional groups. He was a founding member of the National Association of Retail Collection Attorneys and one of the original members of the Virginia Creditors’ Bar Association. While in private practice, he served as pro bono counsel for Richmond Legal Aid. Judge Pustilnik retired from the bench in January 2013 but continues to sit as a substitute judge.

Rhonda Quagliana, St. John, Bowling, Lawrence & Quagliana, LLP / Charlottesville (Expand/Collapse Bio)

Rhonda Quagliana, co-author of Chapter 3, earned a B.A. in 1984 from Tulane University and a Ph.D. in English from the University of Virginia in 1992 before earning a J.D. from the University of Virginia in 1995. She is a partner with St. John, Bowling, Lawrence & Quagliana, LLP, a litigation and business transaction firm that represents clients in state and federal courts in a variety of matters. She is an adjunct faculty member at the University of Virginia School of Law where she teaches trial advocacy. Ms. Quagliana serves as a substitute judge in the General District and Juvenile and Domestic Relations Courts of the Sixteenth Judicial District. She is past president of the Charlottesville/Albemarle Bar Association and a member of the Virginia Association of Criminal Defense Attorneys. She currently serves on the Indigent Defense Commission’s Capital Qualification Standards Committee. Ms. Quagliana has lectured on a number of topics, including the effective use of voir dire in criminal trials, litigating death penalty cases, and the importance of pro bono efforts by attorneys in their communities. She is the author of materials on such subjects as criminal procedure and the recovery of damages in Virginia courts. Her general litigation practice includes an emphasis on complex civil and criminal cases. Ms. Quagliana has also served on a number of boards, including the Region 10 Local Human Rights Committee and the Charlottesville/Albemarle SPCA.

Leslie A. Shaner, QDRO Virginia, PLC / Chesterfield (Expand/Collapse Bio)

Leslie A. Shaner, author of Chapter 6, is the principal of QDRO Virginia, PLC, a resource for domestic relations attorneys when retirement accounts must be divided. Her practice experience includes all aspects of family law, with a particular focus on the division of retirement benefits in divorce, elder law, and estate planning.

Ms. Shaner is a frequent CLE speaker and author in Virginia. Among her presentations are “Valuing Assets in Today’s Economy,” presented in February, 2010 for Virginia CLE, and an article, “The Development and Death of Federal Common Law in Divorce,” published in the Virginia Bar Association Winter Journal. She is the author of Divorce in the Golden Years, a national legal treatise published by the American Bar Association that addresses issues for elderly divorce clients.

Ms. Shaner is a member of the American Bar Association (Family Law Section), the Virginia State Bar Association (Family Law and Estates & Trusts Sections), the Virginia Bar Association (Domestic Relations and Elder Law Section Council Member), the National Academy of Elder Law Attorneys, the Virginia Academy of Elder Law Attorneys (Board of Directors 2008– 2010), the Chesterfield-Colonial Heights Bar Association, the Metro Richmond Women’s Bar Association, and the Metro Richmond Family Law Bar Association. She is a graduate of Randolph-Macon Woman’s College and the Washington & Lee University School of Law. She is a member of Phi Beta Kappa and has been elected to Virginia’s Legal Elite.

Ms. Shaner was named one of the 2012 Influential Women in Virginia by Virginia Lawyers Media, Inc. She has also been named one of Virginia Business Magazine’s Legal Elite for her work in the areas of estates, trusts, and taxes.

Thomas E. Spahn, McGuireWoods LLP / Tysons Corner (Expand/Collapse Bio)

Thomas E. Spahn, author of Chapter 7, practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia. Mr. Spahn was selected as the 2013 metro-Washington DC “Lawyer of the Year” for “Bet the Company Litigation” by The Best Lawyers in America (Woodward/White, Inc.). He has served on the ABA Standing Committee on Ethics and Professional Responsibility. He is also is a Member of the American Law Institute and a Fellow of the American Bar Foundation. Mr. Spahn has written extensively on attorney-client privilege, ethics, and other topics and has spoken at over 1,400 CLE programs throughout the United States and in several other countries. He is the author of The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide, published by Virginia CLE and now in its third edition, as well as individual chapters in several other Virginia CLE publications. He graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

Lauren Stockburger Eells, Gentry Locke Rakes & Moore, LLP / Roanoke (Expand/Collapse Bio)

Lauren Stockburger Eells, co-author of Chapter 13, is an associate at Gentry Locke Rakes & Moore, LLP in their General Commercial Practice Group. Ms. Eells primarily works with closely held businesses and focuses on various commercial transactions, structuring and implementing tax credit financings (both state and federal), helping businesses obtain intellectual property protection, and assisting individuals with estate planning and administration. She graduated with distinction from Virginia Tech in 2007 and received her J.D. from the University of Richmond T.C. Williams School of Law in 2010.

Paul B. Terpak, Blankingship & Keith, PC / Fairfax (Expand/Collapse Bio)

Paul B. Terpak, co-author of Chapter 12, is a principal with the law firm of Blankingship & Keith, P.C. Mr. Terpak’s practice is concentrated in eminent domain matters and civil litigation related to real estate. He has received an AV-rating by Martindale-Hubbell and has been listed in Best Lawyers in America and Super Lawyers in the area of eminent domain and condemnation law. In 2012, he was selected by Best Lawyers as the Lawyer of the Year in Eminent Domain and Condemnation Law for the Washington, D.C. Area. He is the editor of Eminent Domain Law in Virginia (Virginia CLE 2012) and author of the trial chapter in that handbook. His professional activities include: Virginia State Bar Council (2005-2008); Executive Committee, Virginia CLE (2004-2010); Member, Virginia Code Commission Committee to Recodify Eminent Domain Statutes (2002-2003); Faculty Member, Virginia State Bar Professionalism Course (1994-2004); President, Fairfax Bar Association (1996-1997); and Chairman, Virginia State Bar Committee on Lawyer Discipline (1998-1999). Mr. Terpak has spoken at numerous continuing legal education courses on eminent domain and legal ethics, and he was selected by the Virginia State Bar Professionalism Committee to lecture its faculty on effective speech delivery. He received his B.A. from the University of Virginia in 1977 and his J.D. from the University of Virginia School of Law in 1980.

Kelly A. Thompson, Thompson Wildhack PLC / Arlington (Expand/Collapse Bio)

Kelly A. Thompson, author of Chapter 14, is an attorney with Thompson Wildhack PLC in Arlington. She has worked in the trusts and estates field since 1977 as a trust banker and as a practicing attorney. Ms. Thompson focuses her practice on guardianship and trust and estate issues, with an emphasis on planning for persons with special needs. She is a director of the Special Needs Alliance, a national nonprofit organization of attorneys committed to helping individuals with disabilities, their families, and the professionals who represent them. She is a fellow of the American College of Trust and Estate Counsel (ACTEC), chair of the VBA Elder Law and Special Needs Section Council, and a member of the National Academy of Elder Law Attorneys (NAELA). Ms. Thompson holds a J.D. from Fordham University School of Law and a B.A. from the University of Virginia. She is a member of the Virginia, District of Columbia, and New York bars. She is also a former president of the Northern Virginia Estate Planning Council and former president of the Northern Virginia Chapter of the Alzheimer’s Association. Ms. Thompson is an active volunteer with The Arc of Northern Virginia and serves as counsel for their pooled special needs trust. She is the author of Trust Administration in Virginia, published by the Virginia Bar Foundation, and is a frequent speaker for continuing legal education programs and community programs.

Richard C. Wetzel, III, Dominion Resources Services, Inc. / Richmond (Expand/Collapse Bio)

Richard C. Wetzel, III, author of Chapter 5, serves as corporate counsel for Dominion Resources Services, Inc., advising on all manner of commercial transactions, including mergers, acquisitions, divestitures, and joint ventures. Before joining Dominion Resources, Mr. Wetzel was an attorney with Hunton & Williams LLP, where his practice focused on representing public and private companies in connection with mergers and acquisitions, securities offerings, and corporate and securities laws. He earned his B.S. in Finance from the Pennsylvania State University and his J.D. from the University of Virginia School of Law, where he was a Hardy C. Dillard Fellow.

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