Enforceability of Non-Compete Agreements in Virginia | Ryan C. Young | Richmond, Virginia Attorney

Enforceability of Non-Compete Agreements in Virginia | Ryan C. Young | Richmond, Virginia Attorney
Non-compete Agreements in Virginia The enforceability of a non-compete agreement in Virginia depends greatly on the specific terms of the agreement.  Many times, clients will come to me and ask for a clear determination of whether a non-compete agreement will be upheld. The problem is that there is no clear rule and the Virginia courts will look to many factors... Read More

Judicial Dissolution of an LLC in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney

Judicial Dissolution of an LLC in Virginia | Ryan C. Young | Richmond, Virginia Business Attorney
What happens if LLC Members cannot agree?  In Virginia, a Limited Liability Company (LLC), may be dissolved for many reasons, but when there are irreconcilable differences between or amongst owners (members), judicial intervention may be the only remedy.  A member may, in accordance with the operating agreement and articles of incorporation, petition a court of competent jurisdiction for dissolution.  In... Read More

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney
Two Broad Categories of Damages in a Virginia Breach of Contract Lawsuit There are two broad categories of damages ex contractu: direct, or general, damages and consequential, or special, damages. Direct damages are those which arise “naturally” or “ordinarily” from a breach of contract; they are damages which, in the ordinary course of human experience, can be expected to result from a breach. Consequential damages are those which arise from the intervention of “special... Read More

Guardianship and Conservatorship of an Incapacitated Adult in Virginia are two separate roles. | Ryan C. Young | Richmond, Virginia Attorney

Guardianship and Conservatorship of an Incapacitated Adult in Virginia are two separate roles. | Ryan C. Young | Richmond, Virginia Attorney
The guardian and conservator can be the same person or different people. Co-guardianship or co-conservatorship is also an option if more than one person would like to care for the incapacitated person.  When an adult is determined by the court to be incapacitated, the person has been found to be incapable of receiving and evaluating information effectively. The incapacitated adult... Read More

A Springing Power of Attorney May Cause Problems | Ryan C. Young | Richmond, Virginia Estate Attorney

A Springing Power of Attorney May Cause Problems | Ryan C. Young | Richmond, Virginia Estate Attorney
A springing power of attorney is a power of attorney that “springs” into effect when you become “incapacitated”. The idea that your power of attorney would only be able to manage your finances when you are unable to handle them yourself sounds like a good idea, but logistically, it is cumbersome and potentially detrimental to your financial well-being. There are... Read More

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney
What is a motion? A motion is simply a request filed with the court asking a judge to issue a ruling or order. When one party files a motion, notice is also given to the attorney for the opposing party. Virginia’s motions practice procedure is explained in Va. Sup. Ct. R. 4:15. Motion to Compel Discovery In relation to discovery,... Read More

Virginia Contract Litigation: Forum Selection Clause | Ryan C. Young | Richmond Litigation Attorney

Virginia Contract Litigation: Forum Selection Clause | Ryan C. Young | Richmond Litigation Attorney
What is a forum selection clause? A forum selection clause is used in a contract to designate the location, process, and/or court that will resolve any legal disputes that may arise between the parties named in the agreement.  These clauses range from very specific to extremely broad and all encompassing. A specific clause would indicate the type of court (state/federal)... Read More

Removing a Trustee in Virginia | Ryan C. Young | Richmond, Virginia Fiduciary Litigation Attorney

Removing a Trustee in Virginia | Ryan C. Young | Richmond, Virginia Fiduciary Litigation Attorney
What is a Trustee? A trustee or co-trustee is a person who is designated as a fiduciary of a trust.  In Virginia, a fiduciary is given the great confidence and trust to responsibly manage and maintain financial affairs without letting self-interest affect fiduciary decisions. In the case of a revocable trust, the settlor (person who created the trust), trustee and... Read More

What is Fiduciary Litigation? | Ryan C. Young | Richmond, Virginia Attorney

What is Fiduciary Litigation? | Ryan C. Young | Richmond, Virginia Attorney
What is a Fiduciary? A fiduciary is a person who has been entrusted with great confidence to manage and maintain the financial affairs of another party or parties. A fiduciary could be appointed through a Power of Attorney or a Will as a personal representative.  However, attorneys, financial institutions, corporate officers, and other such entities who are trusted to protect... Read More

Concerns about an Agent acting under a Power of Attorney | Ryan C. Young | Richmond, Virginia Attorney

Concerns about an Agent acting under a Power of Attorney | Ryan C. Young | Richmond, Virginia Attorney
Are you concerned about the actions of a fiduciary acting under a Power of Attorney? There are many instances where someone will come to my office who has concerns about how another party (agent) is managing their funds or the funds of a family member (principal). Unfortunately, many times the concerns are well-founded and the agent is not living up to... Read More