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VBA• • THE OFFICIAL PUBLICATION OFNews THE VIRGINIA BAR ASSOCIATION • JournalVOL. XXXIII, NO. 3 • JULY/AUGUST 2007 Legal Focus: Construction and Public Contracts Law You still have time to fulfill those resolutions... 2007! 2006 2005 My New Year’s Resolutions for 2004 — · Evaluate Life Insurance for Family Needs · Compare Health Insurance Plans · Start College Funding · Review Long Term Care as part of Retirement Strategy · Protect Income if sick or injured with Disability Insurance · Purchase Life Insurance to fund Partners Buy/Sell Agreement · Contact Virginia Barristers Alliance, your insurance subsidiary of The Virginia Bar Association, for all of the above! To start our conversation, please complete this form and fax it to us at (804) 762-4192 or 1-800-947-2796. Without obligation, I would like to receive more information about products and services available to members of The Virginia Bar Association. Item(s) of special interest: ___________________________. Here’s how you can reach me: Name: _______________________________________________________________________ Address: _______________________________________________________________________ _______________________________________________________________________ E-mail: _______________________________________________________________________ Area Code ( ) Phone: ___________________________________ ____ Day ____ Evening Virginia Barristers Alliance, Inc. THE INSURANCE AGENCY SUBSIDIARY OF THE VIRGINIA BAR ASSOCIATION Dean Hardy and Howard DiSavino Jr. • 4880 Sadler Road, Suite 110, Glen Allen, Virginia 23060 (804) 290-8720 direct line • 1-800-358-7987 toll-free • (804) 762-4192 fax • email: [email protected] THE VIRGINIA BAR ASSOCIATION VOLUME XXXIII, ISSUE 3 VBA• • JULY/AUGUST 2007 701 East Franklin Street, Suite 1120 Richmond, VA 23219 (804) 644-0041 FAX (804) 644-0052 News Journal E-mail: [email protected] Web: www.vba.org 4 • VBA 411: President News from around the Commonwealth Glenn C. Lewis, Washington, D.C. President -elect Legal Focus/Construction and Public Contracts Law G. Michael Pace Jr., Roanoke Chair, Board of Governors John D. Epps, Richmond 6 • Electronic Discovery and Record Retention Immediate Past President in Construction and Public Contracts Disputes William R. Van Buren III, Norfolk Michael L. Sterling Law Practice Management Division Chair David H. Sump, Norfolk 10 • Working with the Multi-Employer Policy Young Lawyers Division Chair Matthew E. Cheek, Richmond Randall H. Wintory Young Lawyers Division Chair-elect E. Livingston B. Haskell, Toano 15 • False Claims in Virginia: Charting the Unknown Course Board of Governors Kelley C. Hauser and W. Stephen Dale The Officers and Prof. Margaret I. Bacigal, Richmond Stephen D. Busch, Richmond Legal Focus/Government Regulation of Contractors in Virginia Hon. Rodham T. Delk Jr., Suffolk C. Thomas Ebel, Richmond Cheshire I. Eveleigh, Virginia Beach 19 • Life After the Death of Immigration Reform Hon. Robert Hurt, Chatham Is it business as usual for contractors? William R. Mauck Jr., Richmond Karen Turner McWilliams, Reston William J. Benos Steven R. Minor, Bristol J. Lee E. Osborne, Roanoke Stephen C. Price, Leesburg 22 • The Back Page: Richard C. Sullivan Jr., Falls Church Tips and tidbits of useful information Lucia Anna Trigiani, Tysons Corner Robert C. Wood III, Lynchburg 23 • VBA Membership Application: Recruit a Colleague! Member of ABA House of Delegates E. Tazewell Ellett, Alexandria Legislative Counsel 24 • Calendar of Events Hon. Anthony F. Troy, Richmond Hon. Robert B. Jones Jr., Richmond Anne Leigh Kerr, Richmond On the Cover: Interior of the James City Courthouse of 1770, Duke of Gloucester Street, Williamsburg; photograph by John O. Peters. One hundred Executive Director Guy K. Tower forty photographs of Virginia courthouses are contained in Virginia’s Historic Courthouses, written by John O. and Margaret T. Peters with a foreword by Assistant Executive Director the late Justice Lewis F. Powell Jr.; photographs by John O. Peters; published Brenda J. Dillard by University Press of Charlottesville; and sponsored by The Virginia Bar VBA News Journal Editor Association. To order the book, call the VBA at (804) 644-0041 or 1-800-644- Caroline B. Cardwell 0987. OUR MISSION The Virginia Bar Association is a VBA NEWS JOURNAL, the official publication of The Virginia Bar Association (ISSN 1522- voluntary organization of Virginia lawyers 0974, USPS 093-110), is published six times per year (January/February, March/April, May/ committed to serving the public and the June, July/August, September, October/November, December). Membership dues include legal profession by promoting the highest the cost of one subscription to each member of the Association. Subscription price to others, standards of integrity, professionalism, $30 per year. Statements or expressions of opinion appearing herein are those of the and excellence in the legal profession; authors and not necessarily those of the Association, and likewise the publication of any working to improve the law and the advertisement is not to be construed as an endorsement of the product or service unless administration of justice; and advancing specifically stated in the advertisement that there is such approval or endorsement. collegial relations among lawyers. Periodicals postage paid at Richmond, VA 23232. POSTMASTER: Send address changes to The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219. “In just the first year of this statewide competition we raised News from enough food to provide more than • • 530,000 meals to the less fortunate in around the our Commonwealth,” remarked VBA Attorney General McDonnell. Commonwealth “I am pleased by this result and by the incredible demonstration of 411 generosity and compassion by the Virginia legal community. I congratulate McGuireWoods, Attorney General McDonnell recognizes Vandeventer Black, and Regent University for their accomplishments, Legal Food Frenzy winners and organizers and for their support of the Southeastern Virginia Foodbank. I 2008 statewide competition will run March 31-April 11 hope this is the start of the Statewide ‘Legal Food Frenzy’ becoming a tradition in the Virginia legal community, and I look forward to next year’s event.” “McGuireWoods LLP was proud to work with Attorney General Bob McDonnell and the Foodbank of Southeastern Virginia to address the needs of the hungry in our community,” said Norfolk managing partner John Padgett. “I am proud of every member of the Norfolk office of McGuireWoods LLP who generously gave of their time and resources to ensure that the Foodbank can adequately serve our community.” The first Statewide “Legal Food Shana Jones, Food Frenzy coordinator for McGuireWoods LLP in Norfolk, and Frenzy” ran April 2-13, with 169 McGuireWoods managing partner John Padgett receive the “Attorney General’s Cup” participating law firms raising from Attorney General Bob McDonnell at the Southeastern Virginia Foodbank in 679,000 pounds of food, exceeding the Norfolk. target goal of 500,000 pounds — Attorney General Bob McDonnell winners: Vandeventer Black LLP won enough food to provide 121 Virginia traveled to the Southeastern Virginia in the “Large Firm” category for most families of four with three meals a Foodbank in Norfolk on August 23 to food collected at 377.35 pounds per day for an entire year. award the “Attorney General’s Cup” person, and Regent University Law The Attorney General offered to McGuireWoods LLP of Norfolk, in School won the “Law School Attorney special thanks to the co-chairs of the recognition of the firm’s victory in the General’s Cup” for collecting the most “Legal Food Frenzy” Committee of the First Statewide “Legal Food Frenzy.” total pounds and pounds per capita VBA Young Lawyers Division, Katja The firm collected the most pounds of by a Virginia law school. Hill of LeClair Ryan and Chris Gill of food per capita of any law firm in the The Virginia Bar Association Christian & Barton LLP, and to VBA/ state, raising 1338 pounds of food per partnered with the Attorney General YLD Chair Matt Cheek of Williams employee. and the Federation of Virginia Food Mullen, for their leadership in this The Attorney General also Banks for the statewide food/fund effort. presented awards to two other drive. The Attorney General also thanked the Norfolk and Portsmouth Bar Association for initiating the YLD continues its winning streak at ABA meeting Hampton Roads “Legal Food Frenzy” It’s an August tradition, right up there with the “dog days” and the tax-free in 1990 and providing guidance for weekend: the VBA Young Lawyers Division takes top honors in the American the first statewide effort this year. Bar Association Awards of Achievement Competition! At the recent ABA Annual The Second Statewide “Legal Food Meeting in San Francisco, the VBA/YLD received first place in Division IC for its Frenzy” will be held March 31-April Comprehensive application, first place for Service to the Bar (Attorney Mentor 11, 2008. An early goal of raising one and Referral Network), and second place for Service to the Public (Legal Food million pounds of food has been Frenzy). Thanks to Awards of Achievement Chair Lucas Hobbs, who compiled established. Watch for competition the multi-volume entry materials, and to the entire Young Lawyers Division! details online at www.vba.org. 4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL JULY/AUGUST 2007 IN MEMORIAM Nominate for ’08! Committee seeks candidates for VBA Board of Governors LIVER ILL O W. H Under