Weekly Edition

Appeals court answers high court concern on dismissals

By News in Brief
September 29, 2008

The Virginia Court of Appeals has responded to a Supreme Court of Virginia opinion in April that took the intermediate appellate court to task for dismissing cases under Rule 5A:20(e).
That provision requires that the opening brief include “[t]he principles of law, the argument, and the authorities relating to each question presented.” In several cases, the […]

Ex-Appeals Court clerk Davis takes JPE post

By News in Brief
September 29, 2008

Patricia Davis is the new director of the Judicial Performance Evaluation Program, the state’s three-year old system for surveying the performance of sitting judges.
Davis served as the first clerk of the Virginia Court of Appeals, and as a senior editor of the Division of Legislative Service’s Virginia Code Revision project, which was put on hold […]

With pay and penalties, companies push law firm diversity

By Kimberly Atkins
September 29, 2008

Companies are using the proverbial carrot, or stick, or sometimes both to prompt real movement toward greater diversity in law firm staffing for corporate legal matters.
Some companies offer bonuses to law firms. Others threaten to take away their business.
And some go so far as to use computer software to monitor the staffing at law firms.
Whatever […]

DOJ shifts privilege policy

By Kimberly Atkins
September 29, 2008

Federal prosecutors can no longer demand that companies waive the attorney-client privilege as a bargaining chip in corporate criminal prosecutions, the Department of Justice recently announced.
The DOJ’s new corporate charging policy replaces the controversial McNulty Memo.
The move was hailed by legal and business organizations as well as lawmakers, but many said they still want legislation […]

How Millennials could change the legal workplace

By Justin Rebello
September 29, 2008

Over the course of the last decade, Terri Krivosha has noticed a widening generation gap in her firm between baby boomers, older Generation Xers and a new crop of young attorneys – the Millennials.
“Each generation waits for the generation that follows them to get it,” said Krivosha, a baby boomer and partner at Maslon, Edelman, […]

Legislation could spur spike in ADA suits

By Kimberly Atkins
September 29, 2008

Lawmakers are poised to pass new legislation that would broaden the number of people considered disabled under the Americans with Disabilities Act.
The law, if passed, would likely cause a rise in requests for workplace accommodations, and a spike in charges of discrimination and lawsuits as workers and employers tangle over what is a disability.
The effects […]

EEOC issues new guidance on workplace religious bias

By Virginia Lawyers Weekly
September 29, 2008

The Equal Employment Opportunity Commission recently issued a new Compliance Manual Section dealing with religious discrimination in the workplace.
The number of filings complaining about this type of discrimination rose to a record high last year.
The new manual section reviews the relevant provisions of Title VII and outlines the EEOC’s policies regarding religious discrimination, […]

Minimal presence of N.C. judges on 4th Circuit raises concerns

By Guy Loranger
September 29, 2008

[A version of this article originally appeared in North Carolina Lawyers Weekly, a sister publication of Virginia Lawyers Weekly.]
Despite boasting the largest population among the 4th Circuit’s five Mid-Atlantic states, North Carolina holds only one of the court’s 15 seats, occupied by Judge Allyson K. Duncan.
It appears that it will remain that way through at […]

Construction litigation booming as economy goes bust

By Sylvia Hsieh
September 29, 2008

Construction litigation is booming as the economy continues its downward spiral.
The economic situation has spawned lawsuits over disputes that would be settled in a better economy.
“In tough economic times, construction litigation always increases,” said Robert Denney, a Wayne, Pa., law firm management consultant who has named construction law as one of the hot new practice […]

Del. court responds to SEC’s first certified questions

By William D. Johnston
September 29, 2008

My July 2007 article in Atlantic Coast In-House described then-recent amendments to the Delaware State Constitution and the Rules of the Delaware Supreme Court that would permit the Securities and Exchange Commission to certify questions of law to the Delaware Supreme Court.
The article ended with a question: When would the SEC accept the invitation and […]

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