Marine insurance is a curious legal creature[.] A recreational boat owner learned this lesson, to his chagrin, when a newly-purchased 66-foot sport fishing vessel was found to be unseaworthy on its first voyage after purchase due to considerable flexing exhibited...
The Supreme Court ruled this week the Sarbanes-Oxley Act, intended to prevent corporate coverups in the wake of the Enron debacle, could not be used to prosecute a fisherman accused of throwing evidence of fishing violations overboard. Fishing regulations are...
After 12 good years in Norfolk's World Trade Center, we have completed renovations and moved into our new (old) offices in the Freemason Historic District, still in downtown Norfolk, Virginia. Built in 1869, renovations on the building have taken more...
Are General Maritime Cases Now Removable to Federal Courts Absent Diversity of Citizenship or Another Independent Basis for Jurisdiction? Ask maritime plaintiffs' attorneys which forum they would rather be in, and they'll say state court 9 times out of 10. In...
By Marissa M. Henderson, Ventker & Warman PLLC Writing an employee dress code that complies with Title VII has become trickier than ever. On May 6, 2014, the Equal Employment Opportunity Commission issued a fact sheet and a set of...
By: David Ventker In our first discussion of non-compete clauses in Virginia, we talked generally about the costs and implications of such clauses even when they are unenforceable. Now we have an example of a case where a court found...
By Marissa Henderson The difficult-to-pronounce doctrine of uberrimae fidei is alive and well in marine insurance. Translated “utmost good faith,” it means the insurance company has the right to assume the applicant has disclosed all facts material to the risk. Those purchasing...
Dave Ventker We are often asked to provide advice to clients about whether a clause in an employment contract that purports to limit the right or ability of an employee to “compete” with a soon-to-be former employer is valid and...
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