Traffic Offenses in Fairfax, VA

Recently, Gross & Romanick helped a client’s elderly father with a criminal traffic matter. Afterward, our client wrote to say: “You came through when my family badly needed help, and I very much appreciate your efforts. There is a good reason the folks at the Fairfax Courthouse recommend you so highly!”

If you’d like to speak to one of the attorneys at Gross & Romanick about a criminal traffic matter in the Virginia, DC or Mayland areas, contact us by calling 703-273-1400 or filling out our online Information Request form. We’d be more than happy to discuss your case with you.

Can I have a personal injury claim if I don't have automobile insurance?

Yes. A personal injury claim is filed against the person who caused the accident and that person's insurance company must pay. The fact that you were not covered by your own insurance policy at the time of the accident does not prevent you from making a claim.

If you'd like to speak to an attorney about your personal injury claim, contact the lawyers at Gross & Romanick at 703-273-1400 or by filling out their online Information Request form.

What Creditors Cannot Seize

A fellow being chased by creditors would be smart to give his fiancee' an expensive engagement ring. She'll be thrilled, and he'll be making a safe investment, since Virginia law specifically exempts wedding and engagement rings from attachment by creditors. Lawmakers have decided that, for public policy reasons, people should keep such property in the family. Better not divorce!

A religious couple might consider investing in a Guttenberg Bible, since the law also exempts the family Bible.

Animal lovers can rest easy, too. Creditors can't take the family pet, whether it's a dog, cat, squirrel or snake. As long as the debtor does not raise the animal for sale purposes, the creditor cannot take it.

Someone facing bankruptcy might not be in the frame of mind to dwell on mortality, but it's an opportune time to purchase a burial plot. The law also exempts this property as a matter of policy. Who said you can't take it with you!!

Investigate Credit Worthiness

• Call other creditors of applicant
  
• Call industry contacts
  
• Check with landlords and credit references
  
• Obtain a Credit Bureau Report
  
• Review Dun & Bradstreet Reports
  
• Study court records for information about: Judgments, pending litigation, title to real estate, liens on realty, and UCC financing statements
  
• Hire an investigator or attorney Have your CPA review financial records

The above is not meant to replace legal counsel. If you'd like to speak to one of the lawyers at Gross & Romanick, please contact the firm directly by calling 703-273-1400 or filling out their online Information Request form.

Our Website Has A New Look

Check out our new website. We hope the new interface will make finding what you need that much easier. And remember, if you want to speak to an attorney directly, simply call us at 703-273-1400.

Lease Survives Bankruptcy Rejection

An individual who owned a business filed a personal Chapter 7 Bankruptcy. The business remained at the premises and continued to pay the rent, but the bankruptcy trustee failed to accept the Lease. Under bankruptcy rules such failure is an automatic rejection of the Lease. The Landlord filed a Motion to Lift Stay to eject the business from the space based upon the rejection of the Lease.

The Court ruled that the rejection of the Lease on behalf of the bankruptcy estate was not a termination of the Lease. So long as the debtor did not default on the Lease, the Landlord could not evict the business. Federal Realty Investment Trust v. Park, U.S. Bankruptcy Court for the Eastern District of Virginia (2002)

The above article is not meant to replace legal counsel. If you'd like to speak to one of the attorneys at Gross & Romanick, please call 703-273-1400 or email law@gross.com.

Commercial Landlord & Collections

Gross and Romanick recently helped a client with a commercial property. Despite all the client’s efforts, the tenant refused to pay his rent and finally cut off all communication. Gross & Romanick sent a letter, filed the eviction action, and then called the tenant. Since the firm’s threats were backed by legal action, the tenant agreed to pay without us having to go to court.

The client wrote to us, saying, “Thanks, and GOOD JOB, ED, getting xxxxxxxxxxx to pay!”

If you are a landlord and need help with your collections, contact Gross & Romanick at 703-273-1400 or visit our website at www.gross.com.

Business Conspiracy and Employee's Fiduciary Duties

FACTS: Feddeman & Co offered a group of its employees the opportunity to buy out the main stockholder, creating an employee owned corporation. During the negotiations, the buy-out began to seem unattainable to the employees, so these employees and directors of Feddeman met with a competitor (Langan Associates). The employees discussed the possibility of employment with Langan Associates, and used the threat of resignation as a leverage.

Feddeman then sued Langan and Feddeman's former employees for conspiring to ruin Feddeman's business, usurpation of Feddeman's business opportunities and breach of fiduciary duties.

In order to legally leave Feddeman the employees followed the advice of an attorney, who was also Langan's lawyer.

JURY RULING: An Alexandria Circuit Court jury awarded 3.3 million dollars to Feddeman.

COURT RULING: The judge set aside the 3.3 million dollar verdict in part because the "employee Defendants scrupulously adhered to the advise of counsel as to how to prepare to leave". The case has been appealed to the Supreme Court of Virginia.

SUPREME COURT RULING: The Virginia Supreme Court found that there was not basis to set aside the verdict because defendant employees and defendant directors did more than merely prepare to resign and advise others of a plan to leave. Credible evidence supported the jury determination that the conduct fell below the required standard of good faith and loyalty, and was sufficient to constituted a breach of fiduciary duty. The Court reinstated the 3.3 million dollar verdict.

ACTION ADVISE: When making an important business decision, hire a lawyer that does not have a conflict-of-interest. Conspiring against an employer with a competitor may be considered a breach of good faith and loyalty, as well as a breach of fiduciary duty.

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The above is not meant to replace legal counsel. If you'd like to speak to one of our attorneys here at Gross & Romanick, please call 703-273-1400 or fill out our online Information Request Form.