Legal Articles

digital devices

Video Discussion: Gathering Critical Evidence in the Digital World

In the fourteenth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr. associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten are joined by special guest Patrick Siewert to discuss how we gather evidence and prepare for cases in a digital world. We have frequently worked…
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justice statue

Video Discussion: Criminal Cases

In the thirteenth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr. associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss our Criminal Law practice, from investigation and interviews to pre-trial motions to trial itself. To keep up with our video web series, you can…
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courthouse

Video Discussion: Courts During COVID-19

In the twelfth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr. associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss how courts are operating during the COVID-19 epidemic, including postponement of jury trials, hearings by phone or videoconferencing, and safety precautions for in-person appearances.…
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Scooters

Video Discussion: Scooter Law

In the eleventh episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr. associate attorney Daniel J. Martin, firm investigator Isaac Van Patten, and future law student and lawyer Kerin Daly are joined by a very special guest, our senior associate Carrol M. Ching, to discuss some of the…
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law books

Video Discussion: Legal Research

In the tenth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr. and associate attorney Daniel J. Martin discuss legal research and its importance in representing our clients as effectively as possible. To keep up with our video web series, you can subscribe to our YouTube channel, where we…
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Video Discussion: Qui Tam/False Claims Act

In the ninth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss qui tam cases, which are most frequently brought under the False Claims Act. As we explain, qui tam (short for the Latin phrase qui…
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Reading Newspaper

Defamation in Virginia

Broadly speaking, defamation is any false communication that damages a person’s reputation. That simple definition, however, belies the complexities of defamation law, especially in Virginia. For instance, what is a communication? Who must prove that the communication is false? Must the communicator have known of the statement’s falsity? When is a person’s reputation damaged? How…
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US Supreme Court Building

Video Discussion: Bostock and Our Civil Rights Practice

In the eighth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss new developments in civil rights law. We first address the recent landmark United States Supreme Court decision in the case of Bostock v. Clayton…
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Senator Tim Kaine

Video Discussion: Civil Rights with Senator Tim Kaine

In the very special seventh episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., firm investigator Isaac Van Patten, and future law student and lawyer Kerin Daly, are joined by U.S. Senator Tim Kaine, who has served as one of Virginia’s two representatives in the United States…
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"I voted" sticker

Video Discussion: Election Law

In the sixth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss how COVID-19 has impacted election law, specifically with respect to local elections, and a recent case in which our firm helped to ease…
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a red toolbox

Video Discussion: Tools of the Trade

In the fifth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., and firm investigator Isaac Van Patten are pleased to present an exclusive, behind the scenes look at the legal and investigative tools used by our firm to ensure that we build the strongest possible case…
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New Laws on the Books

Video Discussion: Changes to Virginia Law for 2020

In the fourth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., and firm investigator Isaac Van Patten are joined by Senator Creigh Deeds (D-25), a member of the Senate of Virginia who has represented the 25th district (Charlottesville, Albemarle County, Alleghany County, Bath County, Highland County,…
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Treasure chest

Video Discussion: Treasure Law

Fishwick & Associates is pleased to present our very special third episode of our firm’s video web series, Treasure Law; or, if you prefer, Fishwick & Associates and the Temple of Zoom. In this more lighthearted episode, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, firm investigator…
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U.S. Constitution

Video Discussion: Legal Challenges to Virginia’s Emergency Shutdown Order

In the second episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss legal, constitution-based challenges to executive orders issued in response to the COVID-19 epidemic, and how courts are responding to these disputes. To…
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Introducing Our YouTube Channel

Fishwick & Associates is pleased to announce our new YouTube channel, where we will regularly post videos discussing our firm, developments of the law, and other areas of interest. In the first episode, which can be viewed below, firm owner John P. Fishwick, Jr., and firm investigator Isaac Van Patten discuss how Fishwick & Associates…
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U.S. Constitution

COVID-19 Restrictions and the First Amendment

For the past several weeks, COVID-19 or novel coronavirus has spread throughout the United States, contributing to an unprecedented pandemic. From school to work to where we shop and eat, this serious disease impacted almost every facet of our daily lives. State governments have responded to COVID-19 in various ways, including through executive orders. These…
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A smartphone in a vehicle displaying a ridesharing app.

Automobile Accidents Caused by Uber or Lyft Drivers: Who is Responsible?

In the past, determining responsibility for an automobile accident was relatively straightforward. If someone driving their own personal vehicle caused an automobile accident, that person was responsible. If someone driving a company vehicle or a taxicab caused an automobile accident, not only the driver but the entity they were employed by was responsible as well.…
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accommodation

The Accommodation Defense in Drug Distribution Cases

Giving, distributing, or possessing with intent to give or distribute a controlled substance is a serious crime in Virginia, which may result in up to 40 years imprisonment and a fine of $500,000.00 per charge. Not all drug distributions are alike, however. Virginia law recognizes that a seller of drugs should not be treated the…
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contributory negligence

Contributory Negligence in Virginia

Imagine you are in an automobile accident on Interstate 81, just outside of Roanoke, Virginia. Another driver is texting on their phone, not paying attention, and speeding. At the same time, you simply forget to put your turn signal on before merging. Your vehicle and the other driver’s vehicles collide, causing you to sustain serious…
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Zoning

How to Challenge a Zoning Decision

Virginia Code § 15.2-2280 et seq., grants localities the power to enact zoning ordinances, which can include provisions related to a number of zoning matters, such as rezoning properties, granting special exceptions or variances, and administering and enforcing zoning matters. Final zoning decisions are typically made by either the local governing body or a board…
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