Blogs

In our earlier article, we discussed tips on practicing basic cyber hygiene.  One of the most common attack methods mentioned in that article was phishing.  This week we will discuss the importance of being aware of text messages, emails, or chat boxes that come from someone you do not know or were not expecting.  Phishing has been a staple in the cybersecurity threat landscape for ...
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In our first article to kick off Cybersecurity Awareness Month, we will discuss some steps businesses can take to improve their cyber hygiene.  Over the past few years, some of the largest and well-known companies have been affected by data breaches resulting in millions of dollars in losses.  Smaller businesses are not immune from data breaches, and even a small data breach impacting only a ...
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In recognition of National Cybersecurity Awareness Month, Vandeventer Black is pleased to announce that it will again be providing information and resources throughout the month of October to increase awareness of some of the complex cybersecurity issues and challenges that face businesses in Virginia and beyond.  Recently, we published a series of articles addressing ransomware attacks, such as those involving Colonial Pipeline and JBS S.A., ...
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Recent guidance issued by the U.S. Environmental Protection Agency (“EPA”) evidences EPA’s intention to better incorporate Environmental Justice (“EJ”) considerations into program administration and enforcement.  Specifically, EPA issued two memoranda that signal a revitalized focus on EJ enforcement. On June 21, 2021, EPA issued a memorandum titled Strengthening Environmental Justice Through Criminal Enforcement, which sets out specific steps to advance EJ goals through criminal enforcement, ...
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On June 28, 2021, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that would require a one-time report from companies that manufactured or imported per- and polyfluoroalkyl substances (PFAS) in any year since January 1, 2011. The proposed rule would require regulated entities to provide an expansive suite of information, including the specific chemical identity, categories of use, production volume, byproducts, environmental and ...
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On April 12, 2021, the Virginia Department of Environmental Quality (DEQ) issued a Notice of Intended Regulatory Action (NOIRA) to establish first-time numeric turbidity criteria for Commonwealth surface waters in response to a directive by the State Water Control Board.  The establishment and potential enforcement of numeric turbidity criteria would impact a wide range of potential regulated industries, including construction, mining, infrastructure projects, and municipal ...
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In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises only when the settlement agreement resolves CERCLA-specific liabilities.  This decision may call into question the effect of existing settlement agreements, the viability of ongoing contribution cases, and may revive the ability of  some parties ...
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It has been barely a month since we reported on the recent ransomware attack on the Colonial Pipeline Company, yet news continues to break with additional revelations about the recent attack.  What we have learned during the past several weeks should give businesses encouragement, while reinforcing some important lessons. Shortly after the attack, it was revealed that Colonial Pipeline paid roughly $4.3 million in bitcoin ...
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A few weeks ago, details of the Colonial Pipeline ransomware attack filled the news cycle, and by now, most people have heard about the latest ransomware attack to hit the news.  Brazil’s JBS S.A., the world’s largest meat processing company, was targeted this week by a ransomware attack that, according to reports, appeared to have originated from a criminal group likely operating in Russia, shutting ...
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Our previous article in this series looked at the legal framework surrounding blockchain technology.  This article will look at practical uses for the technology. Blockchain technology has implications for many business owners, even those not interested in the speculative trading element in cryptocurrency which is akin to trading in the stock market.  In addition to acting as a cash replacement, cryptocurrencies have many other applications, ...
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Our previous article considered the technology behind cryptocurrency. This article will focus on the legal framework governing the industry.  The cryptocurrency market is subject to a patchwork of inconsistent legislation and regulations that continue to evolve, leading to uncertainty about its future.  While the blockchain industry has grown for years, regulators have not kept pace with this growth, making the desire for regulatory clarification greater ...
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Bitcoin was first introduced in a 2009 white paper, Bitcoin: A Peer-to-Peer Electronic Cash System.[1]  Since then, cryptocurrencies[2], also known as virtual or digital currencies, have exploded, with thousands of different types in circulation, achieving a $2T market cap in early 2021[3], and with the number of blockchain wallet users rising to more than 70 million as of May 2021.[4] However, the blockchain concept, which ...
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If you had never heard of the Colonial Pipeline Company before last week, chances are that you have heard about it now.  Sitting in your car waiting in long lines to fill up at your local gas station hoping they don’t run out is likely not something you have experienced unless you are old enough to remember the gas shortages of the 1970s. Colonial Pipeline ...
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Click here to watch the video. [Video Transcript] Hello, and welcome to Van Black Law.  Vandeventer Black is a business and litigation law firm providing internationally recognized services across a wide variety of legal sectors.  Thank you for tuning in to Van Black Law’s Technology Roundup where we discuss the latest data and technology issues affecting your business. I’m Jonathan Gallo, and I am part of Vandeventer Black’s Cybersecurity and Data Privacy Group.   Today we’re going to discuss some of the major provisions of Virginia’s ...
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Ah yes, hope is in the air as we turn the corner on winter and approach spring.  This year more than most, hope is riding on a wave of vaccinations that promises to break the grip of uncertainty that COVID has had on our daily lives.  Businesses in particular, many struggling to simply stay alive, are eagerly welcoming a potential wellspring of activity fueled by ...
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Article published in Virginia Lawyer | April 2021 | VOL. 69 | The Construction Law and Public Contracts Issue | Page 45 ...
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On January 20, 2021, President Biden issued Executive Order (“EO”) 13,990, an expansive directive which resets the Federal Government’s vision for implementing nearly the entire gamut of environmental programs, including the Government’s approach to the incorporation of science in decision-making; public health; air, water, and chemical regulation; enforcement; environmental justice; climate change; and natural resource protection.  Of immediate consequence, section 2 of the EO requires ...
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On January 21, 2021, the State Water Control Board (“Board”) published draft amendments to the Chesapeake Bay Preservation Area Designation and Management Regulations that would require localities to incorporate coastal resilience and climate change adaptation into local land use ordinances.  This draft regulation implements amendments to the Chesapeake Bay Preservation Act (“CBPA”) passed during the 2020 General Assembly which requires local governments add consideration of ...
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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 the Construction General Permit must submit a registration statement that ...
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According to a recent report by global insurer Beazley based on its customer data, in the first half of 2020, total costs of ransom payments doubled, along with the number of ransom demands paid compared with the same time period in 2019. Ransomware is a form of malicious software (malware) that blocks user access to a device or files, usually by encryption, until the victim ...
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