Law Firm Alliance

News, Insights & Events

Many of the attorneys in the Law Firm Alliance author articles and thought leadership pieces on important topics and trends covering a wide variety of practices.  

While these articles are correct on matters of law when they are produced, verdicts, rulings, legislation and other actions may affect the applicability of some of the information. Please consult your legal advisor before making decisions on the information you read here.

Articles

Don’t Be the (Uninsured) Victim of a Foreign Cyberattack

June 24, 2019
Christopher K. Jones, Sands Anderson PC

U.S. government officials and cybersecurity experts are warning businesses to prepare for a surge in cyberattacks from Iran. On Thursday of last week, U.S. Cyber Command carried out online attacks against Iranian missile control systems, as well as the Iranian intelligence group believed to have coordinated recent attacks on oil tankers in the Gulf of Oman. While Iran denies that the attacks were effective, it is widely suspected that, in retaliation, Iran will now increase the already large volume of cyberattacks directed at the United States.


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Knick v. Township of Scott

June 23, 2019
Opening the Federal Court Doors to Takings Claims Against State and Local Governments
Jeffrey Hamilton Geiger, Sands Anderson PC

On June 21, 2019, the United States Supreme Court swung open the door to the federal court for takings cases against state and local governments. Specifically, in Knick v. Township of Scott, 588 U.S. ___ (2019), the Supreme Court ruled that plaintiffs may proceed directly to federal court—without having first litigated in state court—for claimed violations of the Takings Clause.


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Taking Your Required Minimum Distribution

June 18, 2019
How to Reduce Taxes by Thousands
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Fairness in the Adversary Process (Part Two)

June 18, 2019
Lawyers and False Statements of Law to the Court
Jeffrey Hamilton Geiger, Sands Anderson PC

Can we all agree that it is unfair to provide intentionally a judge with the wrong legal authority? Indeed, the Virginia Rules of Professional Conduct mandate that a “lawyer shall not knowingly . . . make a false statement of fact or law to a tribunal.” Nor may a lawyer knowingly “fail to disclose to the tribunal controlling legal authority in the subject jurisdiction known to the lawyer to be adverse to the position of the client and not disclosed by opposing counsel.” Rule 3.3(a)(1) & (3).


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To Arbitrate or Not to Arbitrate, That is the Question: Enforcing Arbitration Clauses in Bankruptcy

June 17, 2019

Paul Hammer - KRCL - The Federal Arbitration Act, 9 U.S.C. §§ 1-307, represents a federal policy in favor of enforcing arbitration clauses. The Supreme Court has held that courts are generally obligated to enforce arbitration clauses absent a countervailing federal statute. Shearson/Am. Express, Inc. v. McMahon, 482 U.S. 220, 226 (1987).


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Fairness in the Adversary Process (Part One)

June 16, 2019
Lawyers and the Discovery of the Truth
Jeffrey Hamilton Geiger, Sands Anderson PC

Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This process presumes that, in this manner, the court will be amply informed of the circumstances underlying the dispute. And this is notwithstanding the fact that a party has no affirmative obligation to volunteer information to the opposing party in civil matters (understanding that discovery rules may mandate certain disclosures).


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Top 10 Estate Planning Mistakes & How to Avoid Making Them

June 13, 2019
Virginia Carter and Eldridge Dodson, Ward and Smith, P.A.

As estate planners, we have seen it all over the years. What we have learned is that people make some common mistakes.


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