NLRB Comes to its Senses on Joint-Employer Liability, Overruling its Browning-Ferris Decision

12/15/2017Bibeau Anne G.

On December 14, 2017, the National Labor Relations Board (“NLRB”) in Hy-Brand Industrial Contractors, Ltd. overruled its 2015 decision in Browning-Ferris Industries, which had redefined the joint-employer liability standard under the National Labor Relations Act (“NLRA”). Going forward, the NLRB will apply its earlier joint-employer liability standard. “Joint employer” is the legal doctrine whereby one… Read more »

Writing Off Bad Debt

12/08/2017Vandeventer Black

It is an unfortunate fact of life that businesses often have difficulties collecting debts. It is important that businesses take proactive steps to address their bad debt so that they can either collect the debt or obtain the benefit of a tax deduction. The Internal Revenue Code (as of the date this article was published)… Read more »

An Overview of Virginia Law on Electronic Signatures

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12/01/2017Chappell, W. Thomas

As business increasingly takes place digitally instead of on paper, electronic signatures have become an important facet of completing transactions.  Now, instead of executing transactions the traditional way by having the parties provide signatures in ink on paper, many transactions are now completed by clicking a button, typing one’s name into a form, signing a… Read more »

Can an Architect Be Held Liable for Defects in Construction

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11/29/2017Golden, Sean M.

It is common on commercial construction projects for the owner to hire the architect to perform services during construction, in addition to designing the project.  Among other things, the architect’s construction phase services will typically consist of periodic observations and evaluations of the progress of the construction work.  An architect may be charged with observing… Read more »

Handling Document Subpoenas

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11/22/2017Palais, Douglas M.

Businesses, large and small, are served with subpoenas with regularity.  My experience leads me to believe that many businesses do not understand the significance of subpoenas.  The purpose of this article is to provide some recommendations for handling subpoenas. First, what is a subpoena?  Although subpoenas are usually signed by attorneys, rather than by judges… Read more »

Sexual Harassment: Reducing Employer Risk of Liability

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11/20/2017Pierce, Michael D.

Recent events involving powerful figures from the media, Hollywood, and Silicon Valley have created a renewed focus on sexual harassment claims.  From former Fox News political commentator Billy O’Reilly to former Uber CEO Travis Kalanick, and even Hollywood’s Harvey Weinstein, 2017 has been a year in which companies have been forced to re-evaluate their internal… Read more »

DFARS Clause 252.204.7012 Requirements in Cloud Computing

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11/15/2017Gallo, Jonathan V.

On December 31, 2017, contractors and subcontractors working with the Department of Defense (DoD) will be required to provide adequate security measures on all covered information systems that process, store, or transmit covered defense information (CDI) in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012. If you intend to use cloud computing services… Read more »

The Perils of Online Mechanic’s Lien Services

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11/08/2017Vandeventer Black

There are several online services that prepare and file mechanic’s liens in jurisdictions throughout the United States.  I recently had the opportunity to review a memorandum for mechanic’s lien that was prepared by one of these services and filed in a local Virginia court.  In reviewing the document, I discovered several problems with the memorandum… Read more »

Changes on the Horizon in Labor and Employment Law

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10/25/2017Bibeau Anne G.

As 2017 winds down, there are a few developments that may change the legal landscape for employers: · Class-Action Waivers in Employment Arbitration Agreements. Arbitration agreements, in which employees agree to submit disputes with their employer to arbitration rather than to court, have become common. Often, the agreement stipulates that all claims must be submitted on… Read more »