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Derek Allen Colvin
Business, Franchise & Litigation Attorney
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Biography
Derek is a business minded attorney laser-focused on results. He possess the knowledge and experience to serve all your business legal needs. His primary practice is in the areas of business, franchising, and litigation.
Practice Areas
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
- Trademarks
- Trademark Litigation, Trademark Registration
- Intellectual Property
- International Law
- Imports & Exports
- Construction Law
- Construction Contracts, Construction Liens, Construction Litigation
- Real Estate Law
- Commercial Real Estate
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Virginia
- Virginia State Bar
- ID Number: 78383
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Languages
- English
Professional Experience
- Partner
- Waldrop & Colvin
- - Current
- Assistant General Counsel
- Loyalty Brands
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- Deputy Commonwealth's Attorney
- Commonwealth's Attorney's Office, City of Suffolk
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- Commonwealth's Attorney's Office, City of Portsmouth
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Education
- Pennsylvania State University
- J.D.
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- Old Dominion University
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Awards
- Five Years of Service
- City of Suffolk
- Five Years of Service
- City of Portsmouth
- Service to Law Enforcement
- City of Portsmouth Police Department
- Recognized by the Police Department for the City of Portsmouth, Virginia for Service to Law Enforcement in connection with the successful prosecution of multiple defendants arising from the attempted capital murder of a law enforcement officer.
Professional Associations
- Virginia State Bar # 78383
- Member
- - Current
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Publications
Articles & Publications
- Franchising in Virginia
- Lawrina
- How to Franchise a Business
- DocPro
- The Basic Legal Requirements to Start a Franchise
- Waldrop and Colvin Legal Blog
Speaking Engagements
- Civil Asset Forfeiture in Virginia, Citizens Academy, Suffolk, Virginia
Certifications
- Attorney
- Virginia State Bar
Legal Answers
22 Questions Answered
- Q. sexually assaulted by a franchise owner. Corp investigated & found evidence but I have seen no disciplinary action.
- A: Sorry to hear about what happened to you. This sounds like a difficult issue for you and your employer to navigate. You should talk to a local attorney about your rights and any remedies that may have available to you. Sexual assault is also a crime that should not be taken lightly. If the franchisor wants to kick the franchisee out, that is completed by terminating the franchise agreement. This can be unilateral or mutual, but can depend on the grounds for termination outlined in the franchise agreement. It can also depend on state law. In a case like this, I'd expect the franchise owner to fight back and it can be a slow process. The franchisor must balance a lot of complex issues. ... Read More
- Q. On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first
- A: It is not clear what you are asking. You should talk to a local attorney in Roanoke (or whatever locality is alleging a violation). There are typically two ways you can be locked up for a probation violation - pre-hearing (if you are denied bail or cannot post it) or post-hearing (if you are sentenced to active time). Whether the court has discretion to impose an active sentence post-hearing depends on the nature of the violation. Your PO may decide when to issue a violation letter, but they do not give legal advice or determine the sentence. Further, if you do not appear and a capias is issued, that is another issue. Working with local counsel is often best because they understand the local ... Read More
- Q. I was needing to know if u can be sued for opening a franchise in Ms,that the same franchise is already operating in Ms
- A: Its not clear what exactly is occurring in your case, but you should consult with a franchise attorney in your area to discuss. Anyone can file a lawsuit, but not all law suits are viable or filed in good faith.
If you signed a franchise agreement with a franchisor granting you the right to operate in a specific territory, the franchisor should not have granted those same rights to anyone else. Likewise, if the franchisor signed an agreement granting an exclusive territory to someone else, they should not have sold a franchise to you. Franchisors do not typically grant state-wide territories, except as part of a master agreement.
A franchise attorney can give advice on how to proceed ... Read More
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