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CIVIL PROCEDURE/INTERLOCTURY APPEALS: The Collateral Order Doctrine May Not Save an Immediate Appeal of a Denial of Summary Judgment Based on the Qualified Immunity Defense
Trish Sifka—Senior Attorney
It should be no surprise that a federal appellate court generally does not have jurisdiction to review immediate appeals of denials of motions for summary judgment. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546, 69 S. Ct. 1221, 93 L. Ed. 1528 (1949); Iko v. Shreve…
ZONING: Virginia Court of Appeals: A Rezoning Application for a Private Facility…
Attorney and Client: Defamation Crime-Fraud Exception to the Attorney-Client Privilege Is Not Applicable to Defamation Claims
Lawletter Vol. 49 No. 2
Amy G. Gore—Senior Attorney
The attorney-client privilege has traditionally limited the disclosure of properly qualified communications between an attorney and a client who is seeking legal advice. The limits of the privilege were tested in a recent Illinois decision in MacDonald v. Wagenmaker, 2024 IL App (1st)…
CONSTITUTIONAL LAW: The First Amendment and Personal Social Media
Lawletter Vol 49 No. 2
Anne Hemenway—Senior Attorney
On March 15, 2024, the United States Supreme Court decided a pair of cases from Michigan and California on the issue of whether a public official violates the First Amendment by blocking individuals from the public official’s personal social media page. In the Michigan case,…
TAX: Retroactive Documentation of “Bona Fide Loans”
The Lawletter Vol. 49 No. 1
Lee Dunham—Senior Attorney
Closely related people or entities often make loans, including promissory notes, to each other without the formalities that usually accompany business transactions between strangers. Later—sometimes years later—such transfers can become problematic if the IRS seeks to treat the transfer…
CORPORATIONS: The Nature of a Shareholder-Derivative Action
The Lawletter Vol. 49 No. 1
Paul Ferrer—Senior Attorney
The Virginia Supreme Court’s July 2023 decision in Monroe v. Monroe, 889 S.E.2d 646 (Va. 2023), turned on the trial court’s lack of jurisdiction to enter a sanctions order more than 21 days after the trial…
BUSINESS LAW: Considerations Before Taking on a Cannabusiness Client
The Lawletter Vol. 49 No. 1
Cassidy Crockett—Senior Attorney
Many lawyers believe that advising a cannabis business, or cannabusiness, is the same as advising any other business. However, there are several considerations to take into account before taking on these clients.
Legal Ethics
Attorneys know that ABA Model…
TORTS: Duty of Care by a Supplier of Tools or Chattels
Lawletter No. 48 Vol. 4
TORTS: Duty of Care by a Supplier of Tools or Chattels
Lee Dunham, Senior Attorney
It is, unfortunately, fairly common for people to sustain injuries from using defective tools or equipment such as ladders or scaffolding with faulty latching mechanisms or broken or improperly modified…
ELECTION LAW: Federal District Court Judge Orders Georgia Lawmakers to Redraw Congressional Map for the 2024 Election
Lawletter No. 48 Vol. 4
ELECTION LAW: Federal District Court Judge Orders Georgia Lawmakers to RedrawCongressional Map for the 2024 Election
Anne Hemenway, Senior Attorney
On October 26, 2023, in three cases similar to the U.S. Supreme Court decision rejecting Alabama’s congressional map, the Federal District Court for the Northern…