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Northern Virginia Legal Blog

Changes To The Virginia Residential Landlord Tenant Act ("VRLTA")

The purpose of this memorandum is to inform you about the recent updates to the laws governing landlord-tenant relationships in Virginia. If you are a landlord or tenant, please go through the attached updates to determine if any of these changes apply to you. Be advised that the latest changes take effect on July 1, 2019.

What’s the difference between a C- and S-corporation?

Starting a business is an exciting adventure. Just like a physical adventure, starting a new business involves making a lot of choices.

One choice, that is especially important at the start of the business journey, is deciding what structure you want your business to take.

Can you cancel a real estate agreement?

Buying a house is likely the biggest purchase you’ll make in your lifetime. Purchasing the wrong property could leave you in a bad financial situation that makes you feel trapped. Fortunately, Virginia understands that and gives you until midnight on the third business day to terminate a purchase agreement.

When Virginia considers a real estate agreement canceled

What to expect when buying a company

Buying an existing business can be a smart way to become a business owner without all the risk of starting a business from scratch. However, do not think there is no risk in acquiring a business. You could run into a string of potential problems. Some problems can be prevented, and some simply cannot be.

Mandatory Clauses In Virginia Residential Contracting Agreements

Certain activities related to the construction, repair or renovation of real property require a contractor's license. Virginia Code § 54.1-1100 defines a "Contractor" as follows:

"Contractor" means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property. For purposes of this chapter, "improvement" shall include (i) remediation, cleanup, or containment of premises to remove contaminants or (ii) site work necessary to make certain real property usable for human occupancy according to the guidelines established pursuant to § 32.1-11.7.

Understanding the differences between an LLC and an LLP

Starting a new business is an exciting time. Up until now, you and your partner may have been treating it as a side hustle, but now it is time to make it more official.

Your new enterprise may stay a side hustle, or it may become your full-time occupation. As your business grows, establishing it as a Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) can have advantages.

What is Infringement?

Our Virginia Business Lawyers frequently get asked as to what precisely constitutes trademark infringement. In order to answer that question, you need to know when something can be trademarked in the first place.

Exclusive Right to Use - Exclusive Right to Prohibit Use

The owner of a mark has the exclusive right to use that mark and the exclusive right to prohibit others from using the mark. This right is created at the moment they use the mark in commerce. Once that use is established, they have at the very least, common law geographic rights. If they then register the mark with the state authorities, they have statewide rights. If they had filed an application with the United States Patent and Trademark office stating a bona fide intent to use the mark in commerce and followed through with that use and acquired a registration, their rights extend back to the time they filed the application (1B application).

Fair Use, First Sale Doctrine & Re-selling Branded Goods

Our Virginia Business Lawyers are frequently confronted with the following scenario: You want to sell branded clothing, or other branded goods that you buy from the original or post-original owners and don't want to be sued by the original makers of the goods.

In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use." In the case of re-selling branded goods, you have the defense called "Nominative Fair Use".

Your use will not infringe upon the property owner's rights because you will not be claiming that you are the original manufacturer. If you find a Casio® brand printer and wish to resell it, you are permitted to advertise "Casio printer for sale", as long as you don't claim to have any business relationship to the owner of the mark. The primary principal to keep in mind is whether there is going to be any confusion among your customers as to the source of origin. 

What to include in an independent contractor agreement

For small businesses, using independent contractors is a smart way to hire skilled workers without all the costs of a full-time employee. Even larger companies often use contractors to help with temporary work projects.

Hiring an independent contractor allows you to avoid many of the complications and costs of an employee. However, do not just hire someone and put him or her to work. Before you start working with a contractor, draw up an agreement that lays out the terms of employment. Here are some things you may want to include in an independent contractor agreement.

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Moghul Law PLLC

Moghul Law PLLC 8230 Boone Blvd., Suite 210 Vienna, VA 22182 Phone: 571-732-0764 Fax: 866-451-9531 Vienna Law Office Map