Legal Blog

Interfamily Notes and Refinancing

September 12, 2016

An often overlooked technique when it comes to family planning is the interfamily loan. For a number of years, the primary focus with respect to transfers between family members was the potential tax for gift and estate tax purposes which could be...

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The SCRA Is Not Bulletproof

August 15, 2016

​The Servicemembers’ Civil Relief Act (“SCRA”) is a powerful shield protecting military servicemembers against overreaching by creditors. The United States Supreme Court has opined that the SCRA should be read “with an eye friendly to those who...

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Specialized Trust Planning, Income Taxes, and Asset Protection

June 08, 2016

Over the last several years, we have seen a significant, perhaps even a sea-, change in the estate planning environment. For many years, practitioners were focused on transfer taxes as the tax rates were high and the exemptions were low. Then,...

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The Importance of Titling Property: Getting it Right the First Time

June 01, 2016

We are now in an environment where we have far greater options when transferring property than was the case thirty years ago. In addition to the traditional probate process, either with or without a Will to heirs, we currently have a variety of...

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Mitigation Banks’ Uncertain Future

April 26, 2016

Developments across the country in recent years put into question the financial viability of establishing mitigation banks that provide compensatory mitigation for unavoidable impacts to waters of the United States that are permitted under Section...

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Erin Andrews From Ten Thousand Feet

March 04, 2016

Beyond doubt, Erin Andrews was emotionally injured by the conduct of Mr. X when he surreptitiously altered Ms. Andrews’ hotel room door peephole so that he could video her o’natural and then publish the video on the internet. Ms. Andrews was a...

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The Death of Antonin Scalia and Former VA Governor Bob McDonnell

February 16, 2016

Perhaps no individual litigant will be more affected by the death of Supreme Court Justice Antonin Scalia than former Virginia Governor Bob McDonnell. The Governor’s appeal to the United States Supreme Court from his “corruption” conviction is...

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Misrepresentation or Mere "Puffery"?

February 09, 2016

A condominium developer in Northern Virginia avoided liability for fraud under common law and the Virginia Consumer Protection Act by engaging in “puffery” rather than misrepresentation of facts. That was the conclusion of the United States...

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Bank Learns the Hard Way About After Acquired Title and Priority

October 06, 2015

What happens when a person signs a deed or deed of trust purporting to convey property that he does not own? The Virginia Supreme Court considered that question in the complicated case of Deutsche Bank National Trust Company v. Arrington, decided...

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The Common Enemy

September 14, 2015

For the second time in three years, the Virginia Supreme Court has revisited the “common enemy rule” pertaining to stormwater drainage. First came the case of Kurpiel v. Hicks, in which the Supreme Court seemed to weaken that rule by overturning...

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