News & Publications

By: Esther King, Esq.

The beginning of any new claim can be difficult.  There are often more questions than answers, and you want to ensure that the claimant is provided with prompt care by an appropriate provider.    

Virginia Code §65.2-603(A)(1) provides: “as long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician chosen by the injured employee from a panel of at least three physicians selected by the employer.”

McCandlish Holton is proud to have been a sponsor of the 2^nd Annual Lighthouse Family Retreat Golf Tournament held at Lake Chesdin Golf Club on June 8. 

McCandlish Holton is proud to serve as developer’s counsel for the rehabilitation of Whittaker Memorial Hospital in Newport News, Virginia. The rehabilitation of the hospital will conserve a building listed on the National Register of Historic Places and the Virginia Landmarks Register by converting it into affordable housing, using both historic rehabilitation tax credits and low income housing tax credits. The groundbreaking for construction began 

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.