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Articles

Hindsight is 2020 – A Look Back at Impact of COVID-19 on Community Associations Focuses Efforts Moving Forward

01/27/2021 by Deborah M. Casey, CCAL® and Kathleen Panagis, Esq. ArticlesCommunity AssociationsCommunity Associations COVIDCoronavirus

Since March 2020, society has learned how to navigate through and adjust to many upheavals and changes caused by the COVID-19 pandemic. This is certainly true for community associations conducting business and carrying out routine operations. Looking back on what was an extraordinary year due to the pandemic provides clarity for Virginia community associations about… Read more »

Estate Planning under the Biden Administration: What should you do for 2021?

01/25/2021 by Patrick W. Herman, Esq. ArticlesTrust & Estate; Estate Planning

With a new Administration in town there are rumors everywhere about the “new Estate Taxes” and the “Loss of our Tax Exemptions”. What should you expect? What should you do to plan and prepare for possible changes?   Let’s start with your current estate tax exemptions amounts: Under current law you may give your children or… Read more »

Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

01/20/2021 by Daniel Salmon ArticlesGovernment Contracts

The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question.  In Veterans4You LLC v. United States, the Department of Veterans Affairs (“VA”), an executive branch entity of the United State government (“USG”), sought to procure cable… Read more »

VOSH STANDARD REVISIONS APPROVED

01/20/2021 by Daniel Salmon ArticlesConstructionLabor & Employment

Last month, 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.  Vandeventer Black released a summary of those proposed permanent revisions to the temporary standard, which can be found here. On January 4, 2021, VOSH issued an updated final… Read more »

The FFCRA Paid Leave is Dead (Unless You Liked It)

01/05/2021 by Anne G. Bibeau, Esq. ArticlesCoronavirusLabor & Employment

The Families First Coronavirus Response Act’s (FFCRA) paid leave provisions have expired. The law, which was effective from April 1 through December 31, 2020, required businesses with fewer than 500 employees to provide employees with emergency paid sick leave (EPSL) and emergency family medical leave (EFMLA) in limited coronavirus-related circumstances, and provided businesses with a… Read more »

Paycheck Protection Program after the COVID-related Tax Relief Act of 2020 and the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act

01/04/2021 by Ray King, Esq. ArticlesBusinessCoronavirus

NOTE—The COVID-related Tax Relief Act of 2020 and the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act amend the CARES Act, and this Article updates the information in the following Articles previously published: Paycheck Protection Program Under the Coronavirus Aid, Relief and Economic Security Act, March 31, 2020 SBA Issues Interim Final Rule… Read more »

GAO Finds SAM Registration Requirement to be Minor Informality

01/04/2021 by Daniel Salmon, Esq. ArticlesGovernment Contracts

FAR 4.1102 requires offerors to registered in the System for Award Management (“SAM”) at the time an offer is submitted to the government, with limited exceptions such as micro-purchases, classified contracts, emergency contracts, and some others.  However, the Government Accountability Office (“GAO”) recently found that an offeror’s failure to renew its SAM registration was not… Read more »

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

01/04/2021 by Daniel Salmon, Esq. ArticlesGovernment Contracts

Procuring agencies have wide latitude in developing requirements for their solicitations.  When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification for the requirement at issue is rational and can withstand logical scrutiny.  However, there are limits to the agency’s discretion.  Agencies may not include requirements in solicitations that… Read more »

Virginia DEQ Amends Construction General Permit to Include Disposal Disclosure Requirements

12/22/2020 by Joseph Romero, Esq., and Patrick A. Genzler, Esq. ArticlesConstructionEnvironmentalEnvironmental Law Monitor

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…

12/21/2020 by Michael D. Pierce, Esq. ArticlesCoronavirusLabor & Employment

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 »