News & Publications

By. Michael H. Gladstone, Esq. 

Once GDPR applicability is determined, a host of significant responsibilities apply to US Controllers and Processors of EU subject personal data. The duties extend to the data subject, the EU and its supervising authority, and between Controllers and Processors. Significant adjustments may be required on both the security and informational side of Controller and Processor technology to comply with the notice and subject response obligations imposed on Controllers and Processors. The security by design concepts of the regulation will expose many gaps in current processing capacity. GDPR compliance management will become an administrative function in covered businesses whether or not they operate at a level requiring data processing assessments or designation of a DPO. Companies that resist compliance risk not just enforcement but loss of business relationships with customers obliged to comply.

Brennan Morrissett, an associate at McCandlish Holton, recently forced Plaintiff to dismiss his case after she obtained several favorable rulings from the Court. In this no contact motor vehicle versus pedestrian case, Plaintiff claimed he was exiting the post office when Defendant backed out of her parking space and caused him to jump out of the way to avoid being struck, injuring himself in the process. Plaintiff’s damages included not only incurred medical treatment, but alleged future treatment, loss of earning capacity, lost business earnings and costs for modifications to Plaintiff’s home. At trial, Ms. Morrissett successfully argued that each and every item of Plaintiff’s claimed damages either lacked foundation or Plaintiff failed to prove a causative link to the incident. The Court agreed and before the Court could strike Plaintiff’s case, Plaintiff voluntarily dismissed the claim.

The Workers’ Compensation practice group at McCandlish Holton has reorganized after the departure of 2 of its 8 Richmond-based workers’ compensation attorneys. “McCandlish Holton’s team of 6 experienced workers’ compensation attorneys continues to represent employers, insurers and self-insureds throughout Virginia,” says Amanda Tapscott Belliveau, the new head of the McCandlish Holton Workers’ Compensation practice group. “Our team is energized and excited about this change, and we look forward to providing our clients with the same level of outstanding service and results that we have always provided.” Amanda’s team includes some of the most experienced and respected workers’ compensation attorneys in Virginia, including Lauren Hutcheson, Esther King, Emily Whittaker, Eva Roffis, and Brian Frame. 

By: Michael H. Gladstone, Esq. 

On May 25, 2018, the European Union (EU)  “General Data Protection Regulation” (GDPR)  becomes effective.  Many U.S. businesses are just waking up to the possibility that this regulation may pertain to them. For U.S. entities with any contact with EU subjects and their personal data, the question whether the GDPR applies to them is a serious one which should be carefully studied. 

The GDPR imposes an extensive set of duties and burdens on “covered entities," and sets out breathtaking penalties for violation of the regulation. Breathtaking here means 4% of worldwide revenue, or 20 million Euros, not counting damages to the violated data subject. The scope of personal data covered by the regulation and utilized by data recipients and users (called “controllers” and “processors” of personal data) coupled with the GDPR’s  expanded territorial reach (compared to the predecessor EU rules concerning protection of personal data) ensures a significant number of U.S. businesses, which might intuitively or superficially conclude otherwise, may be covered by the regulation. The GDPR presents an unprecedented effort by a governmental unit to protect the privacy of its subjects’ personal data.  

McCandlish Holton attorneys Lawrence A. "Lex" Dunn, Audra M. Dickens, and C. Walker Terry presented in the Virginia Association of Defense Attorneys’ Spring Meeting at the Boar’s Head Resort in Charlottesville on May 10^th and 11^th.

McCandlish Holton Director Michael H. Gladstone successfully represented a Virginia business in a corporate dissolution suit involving 50/50 shareholders instituted in the Richmond Circuit Court by the client’s former business partner. Two businesses, a corporation and a LLC, were implicated by the allegations of the complaint but the suit only addressed the corporation.  Counterclaims were filed and competing  purchase elections were made by the parties under Va. Code Section 13.1-749.1, presenting a case of apparent first impression to the trial Court.  Cooperative agreements between the parties and  counsel avoided expensive formal discovery.  Factual development of the case favored the client and the matter resolved through an advantageous sale of the client’s interest in both businesses to the original plaintiff.

McCandlish Holton has been recognized in Chambers USA 2018. The firm has been ranked in 'Band 2' for Litigation: Products Liability in Virginia. Director James W Morris III has also been featured as a "leader in the field" in Litigation: General Commercial and Litigation: Products Liability. To view the firm's listing and editorial profile click here.  

McCandlish Holton Director Michael H. Gladstone successfully represented a Virginia business in a claim removed from state court to the U.S. District Court on a life insurance policy covering one of the company’s key executives. The policy death benefit exceeded $1,000,000.  The insurer had denied the claim alleging material misrepresentations by the decedent in answering health-related questions on the insurance application.  After discovery depositions of several of the insurer’s executives, the litigation was resolved at mediation, avoiding the necessity of a trial. 

McCandlish Holton is thrilled to announce that four of our attorneys have been listed in the 2018 Virginia & West Virginia Super Lawyers magazine as "Rising Stars". Each year, lawyers are invited to nominate the top attorneys they have personally observed in action. Out of the 5 percent who are nominated, only about 2.5 percent are selected as Rising Stars.  Several of our attorneys were "Selected to Super Lawyers" this year as well. See McCandlish Holton's full Super Lawyers profile here. 

McCandlish Holton Director, Jennifer Minear, serves as second Vice President of the American Immigration Lawyers Association (AILA). On Thursday, April 12, Jennifer participated in AILA's National Day of Action, lobbying lawmakers on Capitol Hill for productive immigration reform.  She is pictured here with House Minority Whip Steny Hoyer (D) of Maryland and other AILA members.