NAVIGATING THE UNITED STATES’ AND THE IMO’S BALLAST WATER MANAGEMENT RULES

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12/03/2016Chappell, W. Thomas

Ballast water management has attracted the attention of regulators both in the United States and internationally recently.  If not properly managed, ballast water may introduce invasive species into an ecosystem.  This danger occurs when a vessel collects ballast water, including the organisms in that water, into its tanks in one port and then releases that… Read more »

THE FALSE CLAIM ACT: THE GOVERNMENT’S SLEDGEHAMMER JUST GOT BIGGER

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12/02/2016Harvey, James R.

The False Claims Act (FCA) has long been the United States Government most effective tool for dealing with fraud in government contracting, and that tool is now more powerful than ever.  Originally enacted during the Civil War to combat war profiteers, it allows the government to seek criminal and civil penalties. As a reward to… Read more »

TENANTS RIGHTS IN FORECLOSURE UNDER VIRGINIA LAW

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12/01/2016Vandeventer Black

Often when residential properties undergo foreclosure, they have tenants residing in them.  In those circumstances, the Code of Virginia requires the landlord to provide notice to the tenant that foreclosure is pending.  The Code of Virginia also allows a tenant to remain in the property after foreclosure, subject to the requirements of the federal Protecting… Read more »

LEGAL ALERT: FLSA Salary Increase Halted

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11/29/2016Bibeau Anne G.

A federal court has enjoined the Fair Labor Standards Act (FLSA) salary increase. The court’s order, entered on November 22, 2016, is a nationwide preliminary injunction. As a result, employers do not have to comply with the new FLSA salary threshold on December 1, 2016. The U.S. Department of Labor (DOL) issued a final rule… Read more »

Situs of Injury under the Longshore Act

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11/29/2016Bilisoly, F. Nash

Under the Longshore and Harbor Workers Compensation Act (“LHWCA”), a worker injured over water clearly falls under the Act, no matter his occupation. If the individual is injured on land, he is covered only if his occupation is “maritime” in nature and does not work too far away from the water to qualify for LHWCA… Read more »

GETTING PAID: Government Contracts

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11/29/2016Lowenstein, Neil S.

Authored by Attorney Neil Lowenstein, nlowenstein@vanblacklaw.com While we have discussed payment mechanisms for government projects previously, we thought a short refresher might be of interest. Typically, government construction projects, whether federal, state or local, have payment bonds to protect contractors who provide labor or materials for the project. But, Refresher Point #1 is that is… Read more »

EMPLOYERS BEWARE: Unpaid Officers and Directors may count as employees under the Virginia Workers’ Compensation Act

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11/03/2016Eaton, Jennifer L.

The Virginia Workers’ Compensation Commission (the “Commission”) has consistently held that the members of a board of directors of a corporation are counted as employees under the Virginia Workers’ Compensation Act (the “Act”) whether they are salaried or not.1 The treatment of unpaid directors as employees is important to note because the Act generally applies… Read more »

Loaning money to your own business

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11/03/2016Guy, Richard S.

It happens to all entrepreneurs.  A payday arrives, a critical vendor demands immediate payment, or a great purchasing opportunity arrives at a time when there isn’t enough money in the company bank account.  Suddenly you’re reaching into your own pocket and loaning money to your business.  Although sometimes the company can pay you back within… Read more »

The Federal Contractor “Blacklisting” Regulations are Temporarily Enjoined

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10/05/2016Buckius, Dean T.

LEGAL ALERT The Associated Builders and Contractors of Southeast Texas and other trade associations scored a major victory on October 24, 2016, benefitting all federal contractors. In a lawsuit that the trade associations filed, the U.S. District Court for the Eastern District of Texas issued a nationwide temporary injunction to stop implementation of the dreaded… Read more »