Month: July 2020

Impact of Executive Order 68 on Hampton Roads Community Associations

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07/30/2020Panagis, Kathleen W.

In response to increases in positive COVID-19 case counts in the Hampton Roads area, Governor Northam issued Executive Order 68 that places additional restrictions on certain cities and counties.  The jurisdictions subject to this order are:  Cities of Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Hampton, Williamsburg, Newport News, Poquoson, James City County, and York County… Read more »

Emergency Temporary Safety Rules Effective July 27 in Virginia

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07/28/2020Lowenstein, Neil S.

This article is the third and final in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 1 and Part 2. On July 27, 2020, the Virginia Occupational Safety and Health (VOSH) program published the Virginia Safety and Health Codes Board’s (the Board) Emergency Temporary Standard… Read more »

Heat-Related Illness Prevention: A Short Guide for Employers

07/21/2020Lowenstein, Neil S.

Many parts of the United States are experiencing record high temperatures this summer, which means many employees are at a greater risk of heat-related illness. As temperatures and humidity rates continue to rise, it is a reminder for employers to make sure they are protecting the health of their employees who are exposed to such… Read more »

Subpoena Power of Arbitrators Over Non-Party Documents

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07/21/2020Salmon, Daniel

Arbitration is a means for parties to resolve disputes in a more efficient and less costly manner than seeking recourse through the judicial system.  The Federal Arbitration Act empowers the arbitrator to subpoena non-parties and their documents to an arbitration proceeding.  However, there is disagreement among the courts regarding the arbitrator’s power to compel pre-hearing… Read more »


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07/17/2020Klinedinst, Arlene F.

 WHAT VIRGINIA EMPLOYERS CAN EXPECT IN THE COMING WEEKS This article is the second in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 1 and Part 3.   With the Virginia Department of Labor and Industry’s adoption of 16 VAC 25-220; which is called the… Read more »

New Emergency Temporary Standard Will Apply to Employers in Virginia

07/15/2020Sterling, Michael L.

This article is the first in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 2 and Part 3. Governor Northam’s executive order (EO 63), tasked the Virginia Safety and Health Codes Board (the Board) – which “promulgates and adopts job safety and health standards, [that]… Read more »

The Short Guide to Short-Term Rentals: Richmond, VA Edition

07/14/2020O'Dea, T. Duggan

Every day, short-term rentals play host to international visitors around the world. Whether for business or pleasure, short-stay accommodation websites like,,, and more have replaced traditional motel and hotel stays for many travelers of all ages. Naturally, because this type of lodging is coordinated by individuals and can generate substantial income, state… Read more »

2020 Legislative Changes Affecting Virginia Community Associations

07/06/2020Panagis, Kathleen W.

The 2020 legislative session was notable for a few reasons.  First, the Democrats held the majority of seats in both houses of the General Assembly for the first time in recent history.  Second, the legislature also took action to address the impacts of COVID-19, which has affected virtually every aspect of our society, including community… Read more »

COVID-19 and the CARES Act – New IRS Guidance and Relief for Retirement Plan Distributions and Loans

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07/06/2020Saffelle, Robert N.

On June 19 and 23, 2020, the IRS issued additional guidance (IRS Notices 2020-50 and 2020-51) clarifying and expanding relief for retirement plan participants under the Coronavirus Aid, Relief and Economic Security Act (CARES Act).  A previous article summarizing the CARES Act retirement plan provisions can be found here. The new guidance makes the following… Read more »

Protecting Your Organization: Eastern District of Virginia Rules Cybersecurity Incident Report Not Privileged Work Product


07/01/2020Gallo, Jonathan V.

On May 26, 2020, in In re Capital One Consumer Data Security Breach Litigation, MDL 1:19md2915 (E.D. Va.) the Federal District Court for the Eastern District of Virginia (Alexandria Division) (Anderson, J.) held that a forensic investigation report conducted by a third-party investigator under the direction of outside counsel on behalf of Capital One in… Read more »