Year: 2020

Virginia DEQ Amends Construction General Permit to Include Disposal Disclosure Requirements

12/22/2020Romero, Joe

Contractors that obtain coverage under the Virginia General Permit for Discharges of Stormwater from Construction Activities (“Construction General Permit” or “Permit”) will soon need to disclose information regarding the disposal of excavated material from project sites. The Construction General Permit regulation, 9 VAC 25-880, governs stormwater discharges from regulated construction activities. Contractors seeking coverage under… Read more »

Can my Company Compel Compliance with an COVID-19 Employee Vaccination Policy? It’s a Definite Maybe…

12/21/2020Pierce, Michael D.

In the past week, millions of Americans watched as volunteers and government officials received the first COVID-19 vaccinations on U.S. soil.  Businesses of all sizes are feeling the pandemic’s devastating effects and employers are likely contemplating whether they may legally implement a mandatory vaccination policy for employees. The answer, as one might expect, depends a… Read more »

COVID CONFUSION: Recent Updates from the CDC and Governor Northam Leave Employers with More Questions and No Clear Answers

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12/16/2020Bibeau, Anne G.

On top of all the other challenges posed by the COVID crisis, employers have had to grapple with ever-changing and contradictory guidance from the Center for Disease Control, Virginia, and various government agencies. Most recently, CDC updates and Governor Northam’s Executive Order (“E.O.”) 72 have created additional confusion for businesses regarding quarantine after exposure to… Read more »

Be Wary of Real Estate Closings When Appealing Judgments

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12/16/2020Normile, Gaela

The Supreme Court of Virginia recently issued an opinion serving as a cautionary tale for judgment debtors appealing judgments against them while concurrently seeking to pass clear title on unrelated real estate sales. That case is Sheehy v. Williams, 2020 Va. LEXIS 139 (decision issued Nov. 25, 2020). In Sheehy, judgment was entered against Ms…. Read more »

VOSH Standard Revisions

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12/14/2020Salmon, Daniel

On December 10, 2020, The Virginia Occupational Safety and Health (VOSH) Program released its Revised Proposed Permanent Standard for Infectious Disease Prevention of the SAR-CoV-2 Virus that Causes COVID-19.  Generally, these revisions serve to clarify previously existing requirements or reduce the impact of some requirements that were found to be excessive, impractical, or in conflict… Read more »

Does the standard Virus Exclusion in an all-risk policy cover government-ordered COVID-19 shutdowns? Judges in the EDVA disagree.

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12/11/2020Paul, Dustin M.

When the wave of shutdown orders hit small businesses in the Spring and Summer of 2020, many owners looked at their insurance policies to see if they had insurance coverage for their business losses.  Buried in the standard policy was a provision that looked daunting: “Fungi”, Wet Rot, Dry Rot, Bacteria And Virus: We will… Read more »

Virginia’s New COVID-19 Reporting Change and Online Reporting Portal

12/10/2020Lowenstein, Neil S.

Effective December 8, 2020, the Virginia Department of Labor and Industry has determined that employers no longer need to report single COVID-19 positive cases to the Virginia Department of Health. However, after an outbreak of two or more cases, employers shall continue reporting all cases to VDH until the local health department notifies the business… Read more »

SBA Proposes Increase in Small Business Size Standards For Certain Service Industries

12/09/2020Gallo, Jonathan V.

On November 27, 2020, the Small Business Administration (SBA) published a Proposed Rule to revise the small business size standards for businesses in five North American Industrial Classification System (NAICS) sectors in an effort to increase small business eligibility for SBA’s loan and contracting programs.  The revisions, if adopted, would increase the size standards for… Read more »

Timely Protest Following Required Debrief or Explanation Letter

12/09/2020Salmon, Daniel

Under 4 CFR § 21.2, disappointed offerors protesting the award of a contract must file their protest within “10 days after the basis of the protest is known or should have been known.” Notwithstanding the seemingly clear language, this is the subject of regular dispute, particularly with respect to procurements that require a debrief or… Read more »