JSR Mechanical, Inc. v. Aireco Supply, Inc.

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On April 21, 2016, the Virginia Supreme Court handed down an important opinion on Va. Code § 8.01-335(B).  The Court held that a trial judge does not have discretion when a plaintiff seeks reinstatement of his or her case within a one-year time period.  The Court was persuaded by the intended purpose of the statute, due process arguments, and the legislative history.

The Virginia Trial Lawyers Association wrote an amicus brief in support of this decision, and the Court concluded, “This understanding is consistent with the general purpose of the statute: to allow courts to periodically purge their dockets of actions not being actively prosecuted. Because the statute does not provide for notice or an opportunity to be heard before such cases are discontinued or dismissed, liberally granting motions to reinstate comports with notions of due process and access to the justice system.”

Personal injury attorney, Nathan Veldhuis, notes the importance of this opinion in personal injury cases. “There are times, for a variety of reasons, that cases can lie dormant for a long period of time.  Applying the purpose of the statute and other factors, the Virginia Supreme Court has made it clear that if a personal injury plaintiff desires to reinstate her case within a one year time period, after a case has been struck after three years of inactivity, a trial court judge has no discretion to deny it.”

Read Justice Millette’s opinion here.

Business attorney, Milton B. Whitfield joins firm

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DiMuro Ginsberg proudly announces that Milton B. Whitfield has joined the firm. Milton is an experienced corporate, transactional and contracts lawyer who has extensive background in representing companies in complex corporate and technology transactions, including licensing and outsourcing of business processes, information technology, and related sourcing services. He advises clients on various government contracts, energy, regulatory, and transaction matters.

Milton received his law degree from Georgetown University Law School. He also has an MBA from George Washington University and undergraduate degrees in Chemical Engineering and Applied Mathematics from the University of Virginia. Prior to entering law practice, Milton served as a Special Assistant to Admiral H.G. Rickover, Director of the Division of Naval Reactors in the Department of Energy. He also led, in conjunction with private industry, the development, implementation and operation of a $100 million steam generator chemical cleaning program for the Nuclear Navy.

Milton’s corporate, government contracts, outsourcing and technological expertise enhances DiMuro Ginsberg’s current business and corporate law practice. The firm stands ready to assist companies of all sizes with their business needs, including such matters as organizational structure, corporate governance, government contracts, mergers & acquisitions, technology transactions, outsourcing, corporate finance, dispute resolution, and general debt and financing needs.

Kendall Almerico to present at the 2016 DC Wharton Summit

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The DC Wharton Summit is the premier event for entrepreneurs, innovators and key leaders in DC.  Register for Kendall’s workshop, “Can New SEC Regulations Boost Your Startup Funding?”

For companies that need funding (and who doesn’t?) the JOBS Act and crowdfunding seem like the magic answer to many capital raising problems. Are these new securities laws and SEC regulations right for your company? And if so, how can your company utilize these groundbreaking capital raising regulations safely, legally, effectively and affordably?

In Kendall’s workshop, you will learn the nuts and bolts about Regulation A+ which allows companies to raise up to $50 million in a “Mini-IPO” online, with anyone (not just rich and well-connected folks) being allowed to invest. You will get a sneak preview of the new “equity crowdfunding” law, Title III of the JOBS Act, that goes into effect on May 16, 2016 and will allow start-ups to raise up to $1 million online through a “funding portal” that sells stock in your private company to the general public. You will also hear about “accredited investor crowdfunding” where your company can use online methods and marketing to raise money from wealthy investors through Section 506(c) – Title II of the JOBS Act.

Kendall, who was named one of the top crowdfunding and JOBS Act lawyers in the country by Forbes Magazine, will also participate in a panel on crowdfunding.  “Crowdfunding: Latest Developments and Pros and Cons” will be held at 1:15pm on Day 2 of the conference.

Register for the Wharton DC Summit here.  As a friend of DiMuroGinsberg, you are eligible for a $200.00 discount on the summit by signing up under the “Strategic Partnership” category and listing Kendall’s name in the “Special Instructions” box.

For more information on the Summit or Kendall’s practice areas, contact him at kalmerico@dimuro.com.

Five DiMuroGinsberg lawyers named 2016 Virginia Super Lawyers and Rising Stars

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Super Lawyers recognizes lawyers who have distinguished themselves in the practice of law and who stand out in their respective practice areas. Less than 5% of the state’s lawyers receive this honor.

DiMuroGinsberg congratulates our 2016 Virginia Super Lawyers and Rising Stars

  • Ben DiMuro for Business Litigation
  • Nina Ginsberg for Criminal Defense
  • Michael Lieberman for Business Litigation
  • Stacey Rose Harris, a Rising Star in Business Litigation
  • Sara Sakagami, a Rising Star in Business Litigation

Ex-Fairfax Police Officer pleads guilty to manslaughter in shooting death of John Geer.

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Adam Torres, the former Fairfax police officer who was charged with murder in the August 2013 shooting death of John Geer, plead guilty today to a charge of involuntary manslaughter. Prosecutors and the defense had agreed to a 12-month sentence for Torres, who has been in jail without bond, but Fairfax Circuit Court Judge Robert Smith declined to accept that deal. Instead he asked for a standard pre-sentencing report and scheduled a sentencing hearing for June 24. By then, Torres will have served 10 months. If Smith decides to reject the 12-month sentence, Torres can withdraw his plea and the case would be set for trial with another judge.

Geer’s family expressed “mixed emotions” regarding the plea. Geer’s daughters released a statement through their attorney, Michael Lieberman. “It would be easier to give in to our personal feelings and cry out for Torres to be further punished…there can be no doubt that we are entitled to use this trial as an outlet for our pain, to express our fury that our father was taken from us. However, we are called and reminded by that pain to avoid inflicting the same upon other children just to satisfy our emotions. It is rare that the easy choice is the right choice, and while we’ve lost our father, we must strive for both justice and mercy. Where Torres failed to show prudence and mercy, we will show him and his family both.”

Click here for full article

Officer who shot John Geer took himself off the streets three times due to marital stress.

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The Washington Post reports that Adam Torres, the Fairfax County Police Officer who shot and killed John Geer on August 29, 2013, had asked to be taken off the streets three times in the year preceding the August shooting because he was distraught over problems with his marriage.

The Post reports that transcripts show that almost immediately after Torres fired the fatal shot, he told the officer who had been speaking with Geer, “that he’d had an argument with his wife before he came to work.

“I don’t think he should have been out there,” said Mike Lieberman, the lawyer for Geer’s family. “You have three times in a year where he himself says he’s unable to go out on the street. When you have an officer saying that, that should send out all sorts of red flags.”

Click here for the full article.

Nina Ginsberg on NPR panel discussion

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On March 15, Diane Rehm talked with a panel of guests about the debate over extending statutes of limitations for sexual assault.

To help rape victims seek justice, some states are changing laws to allow prosecution decades later. Some criminal defense attorneys say this will lead to the conviction of innocent people. DiMuroGinsberg attorney, Nina Ginsberg offers her view as part of the panel discussion on the Diane Rehm show.

Click here to listen to the panel discussion.

Protecting your Trade Secrets

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DiMuroGinsberg attorney, Jayna Genti’s article, “Protecting your Trade Secrets from Former Employees” discusses a recent Virginia case involving a terminated employee who was able to remotely access the business’s computers. In this case, by the time the company learned of the unauthorized access of its computers and servers, substantial harm had already occurred.

Fortunately, there are a number of steps you can take to make sure the barn door stays closed and pre­vent former employees from gaining unauthorized ac­cess to your computer system and stealing valuable trade secrets. To learn more about the steps every company should take, read the article here.

Aarhus University in Denmark presents “ Criminal Defense in America”

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DiMuroGinsberg attorney, Andrea Moseley to discuss police shootings and participate in a panel on Criminal Defense in America in Demark on April 13.

Andrea focuses her practice on defending individuals and companies accused of white collar crimes, financial fraud, copyright and trademark Fraud,  RICO matters, internet crimes,  money laundering, international monetary offenses, importation and distribution of narcotics and professional liability and ethics.  She has represented hundreds of clients at trials in both federal and state criminal cases and has won acquittals on charges of murder, grand larceny, D.W.I., indecent exposure, assault on a police officer, drug distribution and possession, immigration fraud, and various sex offenses.

Click here for information on this Aarhus University event.