The Cloud & Legal Tech: My First Podcast Interview

Adriana Linares, the founder of LawTechPartners (a legal technology consulting firm), kindly invited me to discuss my firm’s move from a desktop-based practice management tool to a cloud-based solution. Here is a link: https://legaltalknetwork.com/podcasts/new-solo/2021/01/case-study-journey-to-the-cloud/ I was somewhat nervous for my first podcast interview, but I had tons of fun recording the podcast and chatting with…

Longshore Update: Assessing COVID-19 Liability & Recommended Defense Strategies

Our clients want to focus on building brands, products, and talent within their organizations—not worrying about legal exposure connected with the outbreak of contagious disease. However, Longshore, Defense Base Act, Non-Appropriated Fund, and Outer Continental Shelf employers must be ready to defend Longshore claims alleging occupational exposure to Coronavirus 2019 (COVID-2019). The Longshore & Harbor…

New Law: House Bill 696 – Localities can protect (certain) LGBTQ rights

Virginia Code § 15.2-965 authorizes localities to enact anti-discrimination laws, so long as they are not more strict than Virginia’s state anti-discrimination laws. HB 696 adds that localities can prohibit discrimination on the basis of gender identity and sexual orientation. Makes sense. However, from an employment law perspective, the bill appears to do nothing. Virginia’s…

Longshore Update: Raising APA Claims on Appeal (even if by accident)

The Department of Labor’s Benefits Review Board—an Article I appellate tribunal hearing appeals in Longshore cases—recently vacated part of an ALJ decision for violation of the Administrative Procedure Act (“APA”), though the Board’s opinion does not indicate whether the Claimant ever actually raised an APA claim. This unusual circumstance prompted me to write the following…

Va. Evidence: Getting Medical Bills into Evidence

Many personal injury cases, from a valuation perspective, turn on what medical bills you can get in front of a jury. Attorneys, then, need to understand when they need an expert medical opinion to get a medical bill into the record (or keep an opponent’s bill out). In a quick four years of practice, I…

Proposed Amendment to Rule 30(b)(6): Telling lawyers to do what they should be doing already

Entity depositions. Federal Rule of Civil Procedure 30(b)(6) allows for a party to notice the deposition of another entity party or non-party. The deposition notice must identify topics for interrogation with “reasonable particularity.” The entity then must designate a person or persons to discuss topics identified by the adversary’s deposition notice. Few discovery devices generate…