Month: December 2013

COURTS IN VIRGINIA FREQUENTLY INVALIDATE EXCESSIVELY RESTRICTIVE NON-COMPETE CLAUSES

Businesses often want or need to prevent departing employees from competing with their company, or from stealing the company’s clients. Agreements between employers and employees that protect against this kind of competition are called “Non-Competition” and “Non-Solicitation” agreements or covenants. These clauses place constraints on where a former employee can work after termination or separation, …

COURTS IN VIRGINIA FREQUENTLY INVALIDATE EXCESSIVELY RESTRICTIVE NON-COMPETE CLAUSES Read More »

VIRGINIA LAW REQUIRES CERTAIN EMPLOYERS TO HAVE WORKERS COMPENSATION INSURANCE

Virginia law requires that every employer who regularly employs 3 or more employees must have Workers Compensation Insurance. Failure to do so subjects the employer to fines up to $5,000.00, plus liability to any injured worker. But what if you’re a business owner that hires only independent contractors and does not regularly employ 3 of …

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A NEW WORKERS COMPENSATION PROVISION EASES THE BURDEN OF PROOF FOR WORKERS

The following statute of interest was enacted at the last session the Virginia General Assembly: Va. Code 65.2-105. Where an injured worker is physically or mentally unable to testify concerning an injury, and there is unrebutted evidence that the injury was work related, then there will be presumption that the injury was work related. This …

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A NEW STATUTE OPENS MEDICAL REVIEW BOARD FACTUAL FINDINGS TO LITIGANTS

The following statute of interest was enacted recently by the Virginia General Assembly: Va. Code 8.01- 581.17. This bill is the product of another compromise between the plaintiff’s bar and health care representatives, and attempts to govern the right of litigants to obtain information about the findings of medical boards and peer review committees. The new …

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VIRGINIA ALLOWS YOU TO FORM YOUR BUSINESS ENTITY ONLINE

The Commonwealth of Virginia provides the convenience and speed of forming business entities online. The Virginia State Corporation Commission (SCC) offers business owners two streamlined, online methods for forming Virginia corporations and limited liability companies (LLCs). The  SCC eFile features greatly expedite the formation process for either type of entity, and make Virginia one of …

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DO YOU KNOW WHY IT MAKES SENSE TO HAVE HIGH MED-PAY AND UM LIMITS FOR YOUR AUTO INSURANCE?

Most people understand why liability insurance is needed for their motor vehicles. That policy protects them, and permissive users of the vehicle, from potential damages due to negligent operation. In Virginia the minimum policy limits are $25,000/$50,000/$20,000.00. That means the limits of liability are $25,000.00 for any single individual; $50,000.00 for any single accident; and …

DO YOU KNOW WHY IT MAKES SENSE TO HAVE HIGH MED-PAY AND UM LIMITS FOR YOUR AUTO INSURANCE? Read More »

YOU CAN RECORD A TRANSFER ON DEATH DEED FOR REAL PROPERTY IN VIRGINIA

As of July 1, 2013, you can record a Transfer on Death (“TOD”) deed for real property located in the Commonwealth of Virginia. Va. Code Ann. §§ 64.2-621 et seq. is Virginia’s new codification of the legislation modeled after the Uniform Real Property Transfer on Death Act (“URPTODA”). Recording a TOD deed allows a real property owner …

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