Author Info for Kaufman & Canoles

Clark Belote

Title Insurance Client Alert - Va. Ct. of Appeals Holds Grant of “Right of Way” Conveys Fee Simple, Not Easement

Yesterday, the Court of Appeals of Virginia held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In Biller… more

Deeds, Easements, Fee Simple, Property Ownership, Real Estate Transactions

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John Bredehoft

Tips to Improve Your Credit Union

Every organization, including credit unions, looks for ways to improve. Complacency can become the silent enemy leading to a multitude of failures and perhaps ultimately, the failure of the organization… more

Compliance, Corporate Culture, Credit Unions, Policies and Procedures

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John Chappell, III

Court of Appeals of Virginia Affirms Petition to Relocate Two Easements Under Virginia Code § 55.1-304

Yesterday, the Court of Appeals of Virginia issued a significant decision about a servient landowner’s right to relocate easements in accordance with Virginia Code § 55.1-304… more

Appeals, Appellate Courts, Declaratory Judgments, Easements, Judicial Authority

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Dustin DeVore

Tips to Improve Your Credit Union

Every organization, including credit unions, looks for ways to improve. Complacency can become the silent enemy leading to a multitude of failures and perhaps ultimately, the failure of the organization… more

Compliance, Corporate Culture, Credit Unions, Policies and Procedures

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Laura Geringer Gross

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC guidance… more

Anti-Harassment Policies, Best Practices, Continuing Legal Education, Department of Labor (DOL), Employer Liability Issues

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Nicole Harrell

New Principles of Franchising from the IFA Legal Symposium

The International Franchise Association (IFA) recently announced its core practices of responsible franchising and policy recommendations. The principles are grounded in transparency during the franchise sales process through… more

Artificial Intelligence, Data Privacy, Federal Trade Commission (FTC), Franchise Agreements, Franchises

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Frank Hirsch, Jr.

CFPB Proposes New Rule on Overdraft Practices

On January 18, 2024, the CFPB proposed an extensive (211-page) rule on overdraft practices applicable to Financial Institutions (FIs) of $10 billion or more in assets (so called “very large FIs”). The proposed rule would not… more

Buy Now Pay Later (BNPL), CARD Act, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Electronic Fund Transfer Act

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Joseph Houchin

[Webinar] The State of College Sports - July 18th, 9:00 am - 10:00 am PT

Dive into the dynamic landscape of collegiate athletics with our complimentary webinar. Join us for an in-depth exploration of the ever-evolving world of NCAA athletics, where we’ll dissect the impact of recent landmark changes… more

Coaches, College Athletes, Colleges, Name and Likeness, NCAA

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Robert Johnson

ESOP Client Alert – Game Changer: 100% ESOP-Owned Government Contractors Eligible for Sole Source Awards on Follow-On Contracts

Employee stock ownership plan (ESOP) owned government contractors received a holiday gift last week when President Biden, on December 27, 2021, signed the National Defense Authorization Act (the “NDAA”)… more

Defense Sector, Department of Defense (DOD), ESOP, Federal Contractors, Federal Pilot Programs

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Lisa Hudson Kim

Be Warned: Defendant’s Motion to Dismiss Overdraft Fee Claims Denied

Claims of unfair overdraft fees continue although it seems the media has taken a break from talking about them. A recent federal case in Virginia ruled in favor of all the Plaintiff’s counts and denied the Defendant’s Motion to… more

Banking Sector, Consent, Credit Unions, Debit Cards, Financial Services Industry

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Savannah Kimble

New Principles of Franchising from the IFA Legal Symposium

The International Franchise Association (IFA) recently announced its core practices of responsible franchising and policy recommendations. The principles are grounded in transparency during the franchise sales process through… more

Artificial Intelligence, Data Privacy, Federal Trade Commission (FTC), Franchise Agreements, Franchises

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Morgan Lambert

Estate Planning - More Than Just a Will

Considering your incapacity or death can feel overwhelming, but thoughtful estate planning can provide peace of mind and ensure your goals are carried out. Thoughtful estate planning often involves more than simply a will… more

Advance Health Care Directive, Estate Planning, Power of Attorney, Revocable Trusts, Tax Exemptions

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Dennis Lewandowski

Commercial Real Estate Receiverships: The Closing of the Action and Miscellaneous Matters

The sale order should require that the receiver file an accounting of its activities as receiver within so many days of the sale of the property. Once that has been filed, the secured lenders counsel can file a motion to… more

Borrowers, Collateral, Commercial Bankruptcy, Commercial Property Owners, Court-Appointed Receivers

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Richard Mapp III

ESOP Community Waits for DOL Regulation on Valuation with Hope and Dread

As part of the comprehensive “SECURE 2.0” retirement plan legislation enacted in December 2022, Congress directed the U.S. Department of Labor (DOL) to issue a long delayed and much needed regulation defining the term “adequate… more

Business Valuations, Closely Held Businesses, Consideration, Department of Labor (DOL), Employee Benefits

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Colin McCarthy

Medicare’s 60-Day Rule

The Centers for Medicare & Medicaid Services (CMS) finalized significant updates to the Medicare 60-Day Rule, which governs how providers and organizations must handle overpayments. Taking effect January 1, 2025, these changes… more

60-Day Rule, Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Final Rules

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Christopher McLean

[Webinar] Sports & Entertainment – The House v. NCAA Settlement - July 16th, 12:00 pm - 1:00 pm EST

On June 6, Judge Claudia Wilken of the United States District Court for the Northern District of California approved a settlement agreement between the National Collegiate Athletic Association (NCAA), power conferences, and… more

Antitrust Litigation, Basketball, College Athletes, Colleges, Compensation

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M. Grayson Owens

[Webinar] Sports & Entertainment – The House v. NCAA Settlement - July 16th, 12:00 pm - 1:00 pm EST

On June 6, Judge Claudia Wilken of the United States District Court for the Northern District of California approved a settlement agreement between the National Collegiate Athletic Association (NCAA), power conferences, and… more

Antitrust Litigation, Basketball, College Athletes, Colleges, Compensation

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William Palmer

[Event] Employment Law Symposium - August 28th, Richmond, VA

Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law… more

Best Practices, Continuing Legal Education, Discipline, Employer Liability Issues, Employment Litigation

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John Peterson

2022 ACA Numbers & Limitations Reference Chart

John Peterson has created a 2022 ACA Numbers & Limitations Reference Chart. Applicable Large Employer (ALE) Shared Responsibility Penalty (IRC §4980H, Forms 1094-C & 1095-C)… more

Affordable Care Act, Employer Group Health Plans, Employer Liability Issues, Health Savings Accounts, IRS

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Sharon Kerk Reyes

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC guidance… more

Anti-Harassment Policies, Best Practices, Continuing Legal Education, Department of Labor (DOL), Employer Liability Issues

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Laura Dickson Rixey

Healthcare Client Alert – July 2021

OCR Cracks Down on Healthcare Providers in Right to Access Initiative - “For too long, healthcare providers have slow-walked their duty to provide patients their medical records out of a sleepy bureaucratic inertia. We hope… more

Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule

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Edward Roney, IV

Registration and Ownership of AI-Generated Works

Artificial intelligence (AI) has been a prominent topic recently, especially given the technological advances and commercial realization of generative AI systems. As AI-generated content continues to proliferate the Internet,… more

Artificial Intelligence, Artists, Authors, Authorship, Copyright

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Randy Sparks Jr.

[Event] Employment Law Symposium - August 28th, Richmond, VA

Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law… more

Best Practices, Continuing Legal Education, Discipline, Employer Liability Issues, Employment Litigation

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W. Edgar Spivey

Virginia Real Estate Case Alert - Closing Funds Wired to Fraudster’s Account Covered by Insurance

A recent groundbreaking case decided February 1, 2023, from the United States Court of Appeals for the Fifth Circuit highlights the importance of broad insurance coverage for title agents and other businesses vulnerable to… more

Agents, Commercial Crime Insurance Polices, Crime Insurance Policies, Escrow Agents, Fraud

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Stephen Story

North American Securities Administrators Association Sets New Standards

The North American Securities Administrators Association (NASAA) recently adopted a statement of policy that will limit the use of Questionnaires and Acknowledgements in Franchise Disclosure Documents (FDDs) and franchise… more

Franchise Agreements, Franchise Disclosure Document, Franchises, NASAA, Policy Statement

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Neil Talegaonkar

[Event] Employment Law Symposium - August 28th, Richmond, VA

Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law… more

Best Practices, Continuing Legal Education, Discipline, Employer Liability Issues, Employment Litigation

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Jenni Tynes

5 Practical Steps to Take Upon Separation

Under Virginia law, separation occurs when at least one spouse forms the intent to permanently separate. Consider these practical steps to protect your property interests. Originally published in the February 2025 issue of… more

Asset Management, Child Custody, Co-Parenting, Divorce, Equitable Distribution

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Burt Whitt

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC guidance… more

Anti-Harassment Policies, Best Practices, Continuing Legal Education, Department of Labor (DOL), Employer Liability Issues

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James Windsor

Court of Appeals of Virginia Affirms Petition to Relocate Two Easements Under Virginia Code § 55.1-304

Yesterday, the Court of Appeals of Virginia issued a significant decision about a servient landowner’s right to relocate easements in accordance with Virginia Code § 55.1-304… more

Appeals, Appellate Courts, Declaratory Judgments, Easements, Judicial Authority

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Benming Zhang

Credit Union Client Alert – Wells Fargo Must Pay $250 Million Fine

The Office of the Comptroller of the Currency (OCC) issued a $250 million civil penalty against Wells Fargo Bank, NA for flaws in the bank’s home loan loss mitigation program. In addition, the OCC issued a cease-and-desist… more

Cease and Desist Orders, Consent Order, Credit Unions, Enforcement Actions, Financial Institutions

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Kaufman & Canoles

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