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MARRS & HENRY LAW BLOG

The Marrs & Henry Law Blog provides informative updates about timely and industry related subject matters.


“Can I Get My Lawyer’s Fees Back?”

June 5th, 2019

It’s probably the most commonly asked question during initial discussions with anyone considering filing, or having to defend against, a lawsuit:  “Once I pay my lawyer, can I get that money back from the other side?” The answer is often a surprising “no.” The legal system in many countries, including England, operates on the principle

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Patrick Henry is Super – Again!

April 23rd, 2019

For the sixth year, Super Lawyers magazine has honored Patrick Henry as one of Virginia’s “Rising Stars” in the field of business litigation. Super Lawyers selects its honorees using a patented multiphase selection process, in which peer nominations and evaluations are combined with independent research. The “Rising Stars” selections are limited to less than 2.5%

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Labor Department Proposes New Rules: The Importance of Employee Classifications

March 21st, 2019

On March 7, 2019, the Labor Department released a revision of its previously abandoned, 2016 proposed rule changes governing overtime qualification.  Currently planned to take effect January 1, 2020, the changes are expected to add over a million workers to the ranks of those for whom overtime pay will be required.  The proposed changes include

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Is your website a potential target for an ADA Complaint?

February 5th, 2019

Nearly 30 years after its passage, the federal Americans with Disabilities Act continues to grow in scope and use, even without legislative additions.  For its first few decades, the ADA was used principally to raise employment discrimination claims, and to challenge the accessibility of business facilities.  But advocates for the disabled continue to innovate in

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Foot Dragging Can Now Be Fatal

January 7th, 2019

For many years, the rules governing lawsuits in our state courts generally provided that if an opposing party failed to respond to written discovery requests, the party seeking discovery could ask the trial judge to order compliance.  More strenuous relief, like getting the noncompliant party’s case dismissed or its defenses barred, had to wait until

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Does your contract comply with DPOR regulations?

September 18th, 2018

A well-drafted contract is essential to the operation of any business.  But even when a business owner acts prudently and retains a lawyer to draft a contract form, later changes in the law may make that contract non-compliant with evolving law and regulations.  For this reason, forms should be reviewed every so often. Changes adopted

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Tips for Employers Considering Use of Non-Compete Clauses

July 24th, 2018

While many employers routinely include post-termination restrictions on employment in their written employment agreements, Virginia’s courts have historically treated non-compete clauses as restraints of trade.  For this reason, they begin with a presumption of unenforceability.  But that presumption can be overcome, and the non-compete enforced, if the employer can demonstrate that its particular clause was

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“Reverse Piercing” the Corporate Veil

June 18th, 2018

One of the fundamental reasons for operating a business as a corporation or limited liability company is to protect the individual owners from personal liability for business-related debts.  That protection is often referred to as the corporate shield, or veil. This protection is not absolute.  When business owners operate corporations in name only – commingling

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Sports Betting: Coming to Virginia?

May 30th, 2018

Earlier this month, the US Supreme Court struck down a 1992 law that allowed certain states to retain their pro-betting laws, but prohibited any states without such laws from passing them moving forward.    (Click here for the opinion text: Murphy v. NCAA.)  With this ruling, all states now – or rather, for now – are

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HAPPY TRAILS, NANCY!!!

June 6th, 2017

It’s probably impossible for anyone to have interacted with us here at Marrs & Henry without having the pleasure of dealing with Nancy Faulkner.  She’s been with us since our founding in 2012, and has worked with Brad Marrs for the past 17 years!  Throughout that time, she’s been not only a strong legal assistant,

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