McCandlish Holton is pleased to announce that Jennifer Minear, a director in the firm’s Immigration Practice Group, has been recognized as a 2014 honoree of the Virginia Lawyer’s Weekly “Influential Women of Virginia” award. This esteemed honor is bestowed upon women of the Commonwealth in recognition of their professional achievements as well as their contributions to the greater community. Specifically, Jennifer was nominated for her outstanding performance as an immigration attorney, notable leadership in the American Immigration Lawyer’s Association, and remarkable dedication to pro bono efforts. A gala ceremony celebrating the honorees is set to be held at the Hilton Short Pump in May. Congratulations, Jennifer!
On March 20, 2014, Jennifer Minear, a member of the Immigration Practice Group, served as a panelist on ILW.com's "Foreign Physician Immigration Options for Experts" series. In particular, this presentation focused on J-1 waiver options for international medical graduates who have completed graduate medical education in the U.S. in J-1 status, including clinical J-1 waivers and the various interested government agencies through which these applications may be processed.
Tonia E. Peake, a member of the McCandlish Holton Real Estate & Finance practice group, moderated on Thursday, March 20, 2014, a seminar coordinated by the International Council of Shopping Center’s (ICSC) Virginia Alliance Committee. Hosted at the Renaissance Hotel in Portsmouth, Virginia, and sponsored by McCandlish Holton, Virginia is for Retail Development Lovers explored the use of Tourism Zones and Financing Programs as a way for localities to encourage retail development in today’s tight lending markets. The panel of experts discussing the initiatives’ opportunities and best practices included a co-sponsor of the enabling legislation as well as officials from multiple cities in the Hampton Roads area. Providing a forum for the public and private sectors to work together on retail development issues, the event was a huge success.
Jamie Baskerville Martin, a member of the McCandlish Holton Health Care Team, moderated an American Bar Association Health Law Section webinar held Thursday, March 20, 2014. Entitled Medical Staff/Hospital Relationships: Diagnosing the Problem, Treating It, and Practicing Wellness, the webinar discussed how the ever-changing roles of hospitals and medical staff can lead to friction. The presentation provided guidance on how alternative dispute resolution, which is traditionally used to resolve specific disputes, can be implemented on a regular basis to manage and mitigate everyday conflicts.
McCandlish Holton has signed a lease for nearly 34,000 square feet in the Bank of America Center, at 1111 East Main Street in the City of Richmond’s financial district. The 32-lawyer firm has been headquartered in the Bank of America Center since 1994, but looked at new office space options as its current lease approached expiration. Overall, the firm will be increasing its total space by nearly 30%, moving from its current 15th-floor location to the 21st floor, and expanding its current 20th-floor presence. “With the evolution in law firm staffing models and technology over the past 20 years, we needed a new approach to office design. We looked at many site options, but we have found the central location of our current building to be very convenient. Our new office space will be extensively renovated to allow for more efficient space usage, easily accessible public areas and full integration of technology,” said Jamie Baskerville Martin, firm president and chair of the healthcare practice group.
McCandlish Holton, founded in 1980, is a full-service law firm with practice areas including business, immigration, healthcare, litigation, and real estate. Thomas W. McCandlish, chairman, founded the firm. The firm became known as McCandlish Holton in 2002. Governor A. Linwood Holton, governor of Virginia from 1970-1974, has been with the firm for nearly 20 years.
Ned Roberts and Charles M. Polk, III, with Jones Lang LaSalle Americas Inc., handled the transaction for McCandlish Holton. Malcolm M. Randolph, Jr., and Scott F. Durham with CBRE | Richmond represented the Landlord. RoseMarie Bundy, Randy Blankenship and Caroline Garrett with Evolve Architecture are the architectural and interior design team on the project. A lobby rendering can be found here.
McCandlish Holton is pleased to announce that five of the firm's attorneys have been recognized as Virginia Business "Legal Elite" for 2013. They are:
McCandlish Holton attorneys Jonathan L. Moore and David E. Gluckman scored a major Freedom of Information Act (“FOIA”) victory against the United States Department of Labor (“DOL”) in a decision issued on November 26, 2013 by Judge James R. Spencer in the U.S. District Court for the Eastern District of Virginia.
Most employers wishing to sponsor foreign employees for permanent residence in the United States must first obtain a “labor certification” showing that no qualified, willing, able, and available U.S. workers exist for a particular position. DOL is responsible for issuing these labor certifications under the Program Electronic Review Management (“PERM”) program. Although thousands of U.S. companies file PERM labor certification applications each year, DOL has provided little public information about many key aspects of the PERM program or how DOL processes PERM applications.
Mr. Gluckman, an attorney in the McCandlish Holton Immigration Practice Group, saw the federal FOIA statute as an opportunity to shed light on DOL’s operations. On March 15, 2012, he submitted a FOIA request seeking records relating to DOL’s auditing and processing of PERM applications, including the criteria DOL uses to select cases for audit. When DOL failed to provide any documents in response to his request, Mr. Gluckman retained fellow McCandlish Holton immigration attorney and litigator Mr. Moore to represent him. After more than a year passed without receiving any documents, Mr. Moore filed suit against DOL on Mr. Gluckman’s behalf to compel production of the requested documents.
DOL vigorously contested the lawsuit, claiming that 272 documents were exempt from disclosure (either in full or in part) under the “law enforcement” and “deliberative process” exemptions to FOIA. In extensive briefing and at oral argument, Mr. Moore demonstrated how the claimed FOIA exemptions did not apply to the withheld and redacted documents. He also pointed out flaws in the methodology DOL used to search for responsive documents.
On November 26, 2013, the court ruled in Mr. Gluckman’s favor, rejecting all of DOL’s exemption claims. The court also ruled that DOL had not demonstrated that it had conducted a legally sufficient search for responsive documents in two of its three primary offices.
This decision is a significant victory for “open government” and promises to shed light in an area that has been historically bereft of clear public guidance, ultimately providing substantial benefits to employers and members of the immigration bar nationwide.
A copy of the court’s opinion is available here.
McCandlish Holton is pleased to announce the advancement of two of its attorneys to firm Director. J. Matthew Haynes, Jr., and Alana M. Ritenour were recently elected as Directors of the firm. Matthew is a member of the firm’s litigation department, and Alana is a member of the corporate, real estate and healthcare practice groups. Congratulations, Alana and Matthew!
Samantha Stecker Otero, a member of the McCandlish Holton Employment Law practice group, was featured in a recent Richmond Times-Dispatch article that announced the affiliation of Commonwealth Parenting with the Children's Museum of Richmond. As chair of the board of directors of Commonwealth Parenting, Sam noted that the partnership is a "win-win" that benefits both non-profit organizations. By working with the museum, Commonwealth Parenting is able to reach a broader portion of the Richmond community. The Children's Museum of Richmond, in turn, will have the valuable educational resources of Commonwealth Parenting, allowing them to improve children's lives by providing quality caregiver education. Originally published on October 4, 2013, the article is available online here.
ROBERT W. PARTIN has joined McCandlish Holton, PC, as Of Counsel.
Rob's practice focuses on domestic law matters, including divorce, property division and spousal support. He has extensive experience with jury and bench trials in courts throughout the Commonwealth of Virginia and was named a Virginia Super Lawyer in Family Law for the years 2011-2013. As a former Marine officer, Rob understands the unique challenges facing military families as they go through divorce, battle custody, decide visitation and divide military retirement. He also has special expertise representing business owners in family law matters.
Rob received his Juris Doctor from the T.C. Williams School of Law at the University of Richmond, graduating magna cum laude.
We are pleased to announce that seven of the firm's attorneys have been selected by their peers for inclusion in Best Lawyers in America for 2014. They are:
Commercial Litigation, Mass Tort Litigation / Class Actions - Defendants, and Personal Injury Litigation
Employee Benefits (ERISA) Law
Employment Law - Management, Employment Law - Individuals, and Litigation - Labor and Employment
Health Care Law
Best Lawyers' 2014 Richmond Health Care Law "Lawyer of the Year"
McCandlish Holton is pleased to announce that seven of the firm's attorneys have been recognized as Virginia Super Lawyers for 2013. They are:
In addition, four of the firm's attorneys have been selected as Virginia Rising Stars for 2013. They are:
Dominic Madigan and Matthew Haynes spoke at a Medical Records Law seminar in June, 2013, hosted by Lorman Continuing Education. Dominic spoke on the topic of “The Law of Electronic Medical Records,” and Matthew spoke about “Medical Record Retention and Risk Management.”
McCandlish Holton attorneys Thomas C. Foster and Patricia McCullagh were recently interviewed for an article regarding changes to treatment of recovered funds in personal injury cases. The article discusses the decision of the U.S. Supreme Court in US Airways v. McCutchen to permit ERISA employee benefit plans to recoup expended funds from proceeds recovered in personal injury suits. Now published, the article is available online with a subscription to Virginia Lawyers Weekly.