PRACTICE AREA

AGRICULTURAL LAW

LAWS AND REGULATIONS AFFECTING AGRICULTURAL INDUSTRY BUSINESSES AND AGRITOURISM OPERATIONS

Our office assists agricultural operations in both transactional and litigation legal services and is experienced with:

• Agricultural Contracts
• Federal and state regulations impacting local farms
• Virginia protections for farms from public and private litigation for both general agricultural operations and agritourism

ADMINISTRATIVE LAW

LITIGATION MATTERS THAT ARE RESOLVED THROUGH AN ADMINISTRATIVE AGENCY'S DISPUTE RESOLUTION PROCESSES INSTEAD OF THE COURTS

Agencies include but are not limited to:

• Alcohol Beverage Control's Hearings, Appeals and Judicial Services Division
• Department of Health Professions Enforcement Division
• Board of Accountancy's Enforcement Division
• Department of Labor and Industry, Division of Labor and Employment Law
• Department of Professional and Occupational Regulation
• Department of Small Business and Supplier Diversity
• Department of Social ServicesLocal zoning boards
• Virginia Department of Education, Special Education Hearing Officers
• Virginia Employment Commission, Office of Commission Appeals
• Comparable federal agencies

APPEALS

CHALLENGING A LOWER COURT OR ADMINISTRATIVE AGENCY'S DECISION BASED ON LEGAL ERRORS

Appeals can come from:

• Administrative Agency Final Decisions
• General District Court Judgments/Misdemeanors
• Circuit Court Convictions/Judgments
• Court of Appeals Decisions
• Supreme Court of Virginia Decisions
• Interlocutory (mid-case) Appeals

ARBITRATIONS

PRIVATE CONTRACTUAL AGREEMENTS TO LITIGATE ISSUES BY USE OF A PERSON OR TRIBUNAL OUTSIDE OF THE COURTS, WHERE JUDGMENTS CAN BE ENFORCED BY THE COURTS

Arbitrations can arise from:

• Business contracts
• International transactions concerning sale of goods (CISG)
• Consumer terms of service or other similar agreements

Arbitration procedures can be specified in contracts, or may be left to institutions that provide arbitration services such as:

• American Arbitration Association (AAA)
• International Centre for Dispute Resolution (ICDR, arm of AAA)
• International Chamber of Commerce (ICC)
• National Arbitration and Mediation (NAM)

 

CIVIL RIGHTS

CIVIL RIGHTS GUARANTEED UNDER THE UNITED STATES CONSTITUTION TO PROTECT ITS CITIZENS FROM GOVERNMENTAL INFRINGEMENT

Civil rights cases can arise from:

• Police misconduct
• Governmental infringement on freedom of speech
• Governmental or private discrimination in education, employment, or receipt of services

COMMERCIAL LITIGATION

BROADLY ENCOMPASSES DISPUTES ARISING FROM BUSINESS OPERATIONS OR TRANSACTIONS BETWEEN COMPANIES, INTERNAL GOVERNANCE, EMPLOYMENT, REGULATORS, AND CUSTOMERS

Commercial litigation covers a wide range of matters including but not limited to:

• Breach of contract (employment, goods, and services)
• Breach of fiduciary duties
• Employment matters
• Governance disputes and dissolutions
• Insurance coverage
• Intellectual property, trade secrets, and restrictive covenants
• Product liability
• Regulatory actions
• Securities litigation
• Tortious interference with contract
• Unfair business practices

 

CRIMINAL DEFENSE

GOVERNMENTAL PROSECUTION OF CONDUCT PROSCRIBED BY STATUTE THAT OFTEN INVOLVES THE RISK OF IMPRISONMENT OR OTHER SIGNIFICANT RESTRICTIONS ON A PERSON'S LIBERTY

Our office defends felony and misdemeanor criminal cases in both federal and state venues involving:

Personal crimes

• Assault/Battery
• False imprisonment or Kidnapping
• Homicide
• Robbery
• Sexual assaults

Property crimes

• Arson
• Burglary
• Receipt of stolen goods
• "White Collar" crime

Inchoate ("incomplete") Crimes

• Attempt
• Conspiracy
• Solicitation
• Larceny/Embezzlement
• Forgery/Fraud

EDUCATION

LAWS CONTROLLING THE ACTIVITIES OF ELEMENTARY, SECONDARY, AND POST-SECONDARY SCHOOLS INCLUDING FEDERAL PROGRAMS SUCH AS THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

Education law broadly considers laws affecting a student's right to an education and the responsibilities of schools toward their students including:

• Access to a free appropriate public education for students entitled to special education
• Academic employment
• College admissions, disciplinary processes, and student rights
• Elementary and secondary student rights
• Institutional torts

 

GENERAL PRACTICE (BUSINESS/INDIVIDUAL)

ADVISORY AND DOCUMENT GENERATION SERVICES TO PROTECT BUSINESS AND PERSONAL INTERESTS

Our office can also consult businesses and individuals concerned about creating or amending documents related to:

• Business entity formations
• Contracts
• Employment policies and procedures
• Freedom of Information Act requests
• Healthcare directives
• Individualized Education Plans/Family Service Plans
• Power of Attorney
• Organization bylaws
• Wills & Trusts

LABOR & EMPLOYMENT LAWLABOR & EMPLOYMENT LAW

LAWS AFFECTING EMPLOYMENT, WORKPLACE, AND RELATED HUMAN RESOURCE MANAGEMENT

Employment litigation covers a multitude of issues that affect business and employee activities including:

• Contractual relations
• Discrimination
• Federal and state wage laws
• Workers' compensation
• Workplace safety and health
• Wrongful discharge/termination

MEDICAL MALPRACTICE

ERRORS IN THE PROFESSIONAL DIAGNOSING AND TREATMENT OF HEALTH CARE ISSUES RESULTING IN INJURY

Medical malpractice concerns an act or omission by a health care provider where such conduct does not satisfy the accepted standard of practice in the medical community and causes injury during treatment including:

• Anesthesia errors
• Birth injuries
• Brain/neurological injury
• Chiropractic malpractice
• Dental/orthodontic malpractice
• Failure to timely diagnose
• Hospital/emergency room malpractice
• Medication administration errors
• Pediatric malpractice
• Psychiatric/therapy malpractice
• Surgical errors

 

NURSING HOME & HOME HEALTH CARE NEGLIGENCE

FAILURES BY SKILLED NURSING FACILITIES AND HOME HEALTH CARE AGENCIES IN PROVIDING APPROPRIATE HEALTH CARE SERVICES THAT CAUSE INJURY

Neglectful elder care in nursing homes or by home health care aides can cause injuries such as:

• Choking
• Dehydration
• Falls
• Loss of dignity
• Malnutrition
• Medical malpractice
• Medication administration errors
• Neurological and behavioral changes
• Pressure ulcers ("bedsores")