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Virginia’s Permanent COVID Standard Has Been Revised, Again

Virginia’s Permanent COVID Standard Has Been Revised, Again

Anne G. Bibeau
Virginia’s Department of Labor and Industry (DOLI) has made additional changes to Virginia’s safety standard on COVID in the workplace, the Permanent COVID Standard (16VAC25-220, VOSH Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19). In July 2020, Virginia became the first in the nation to issue workplace safety rules regarding COVID-19, ...
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Contractor Takeover Leads to Tortious Interference With Contract and Conspiracy Claims

Construction
Neil S. Lowenstein
When a subcontractor is having trouble completing its subcontract work, it is not uncommon for a contractor to assert itself more directly into the completion process to help expedite the work. What’s the harm you might ask? A recent Loudoun County, Virginia case answered that question: It could lead to a tortious interference with contract and conspiracy claims by the ...
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Legal Alert: Biden’s Plan Will Expand Vaccination Requirements

Legal Alert: Biden’s Plan Will Expand Vaccination Requirements

Anne G. Bibeau
On September 9, 2021, President Biden announced an ambitious plan to increase COVID-19 vaccinations. Here are the highlights of this plan with the greatest impact on private-sector employers: Vaccine Mandate for Businesses with 100+ Employees. The Occupational Safety and Health Administration (OSHA) will issue an emergency temporary standard (ETS) that will require all employers with ...
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Legal Counsel’s Two Cents on Community Association Budget Considerations

Legal Counsel’s Two Cents on Community Association Budget Considerations

Kathleen W. Panagis, Deborah M. Casey
It is that time of year.  Summer vacations are in the books, schools are in session, and pumpkin spice lattes are back on tap.  These signs of Fall also mean many Virginia community associations are in budget season. Community association boards rely on their budget committees, management team, accountants, auditors, and/or reserve specialists for input ...
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Appellate Practice: Original Jurisdiction Of Virginia Appellate Courts

Appellate Practice: Original Jurisdiction Of Virginia Appellate Courts

Appellate Practice
Daniel L. Stephens
As discussed in our recent article, the Virginia General Assembly voted to allow most criminal defendants and civil litigants to have an appeal as of right to the Court of Appeals of Virginia starting on January 1, 2022. This means that Virginia lawyers will spend more time in the Commonwealth’s appellate courts and will need ...
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Employers Likely Not Liable for Vaccine-Related Injuries to Employees

Employers Likely Not Liable for Vaccine-Related Injuries to Employees

Michael D. Pierce
*This article was authored with the assistance of Summer Associate, Albert Gutiérrez. Albert is pursuing his JD at the University of Richmond School of Law. - Vaccine mandates are the subject of much discussion and controversy in nearly every industry, both in America and abroad.  As protests rage across the country, many workers question the ability ...
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Yes, private employers can mandate COVID-19 vaccines — and it’s becoming more common, lawyer says

Yes, private employers can mandate COVID-19 vaccines — and it’s becoming more common, lawyer says

Anne G. Bibeau
<< Interview by Elizabeth Moore for The Virginian-Pilot. >> Face masks and COVID-19 vaccines have been politicized, but the law regarding what an employer can require of employees is clear. Months ago, the outlook for return to life and work was optimistic. Now, the spread of the delta variant of COVID-19 creates a unique situation for businesses ...
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What the Beep?! New Law Changes Community Association Treatment of Accessible Parking Requests

What the Beep?! New Law Changes Community Association Treatment of Accessible Parking Requests

Kathleen W. Panagis
For Virginia community associations, requests for accessible parking to accommodate a disability come in many forms.  Requests range from asking for a designated handicap parking space to a parking space closer to one’s residence to curb cuts to reconfiguring and/or restriping a parking space.  These requests involve a change in a rule or policy of ...
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Estate Planning for Married Couples and Parents

Estate Planning for Married Couples and Parents

Patrick W. Herman
In this two-part series, the articles focus on the importance of proper estate planning.  The previous article focused on Estate Planning for Young Adults. This article will highlight important documents and considerations for married couples and parents. Getting married is often a fun and exciting time for a couple. As you make arrangements to head ...
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Estate Planning for Young Adults

Estate Planning for Young Adults

Patrick W. Herman
Estate planning is the tool that allows individuals to control how their assets and lives will be managed in case of their incapacitation or death. One common misconception is that estate planning is solely for the wealthy. On the contrary, estate planning is for everyone! No matter what stage of life you are in, every ...
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GAO Sustains Protest for Awardee’s Organizational Conflicts of Interest

GAO Sustains Protest for Awardee’s Organizational Conflicts of Interest

Daniel Salmon
In its recent decision in the Matter of: Steel Point Solutions, LLC, the GAO considered the concept of Organizational Conflicts of Interest (OCI).  OCIs usually fall into one of three categories: “biased ground rules,” “impaired objectivity,” and “unequal access to information.”  In this case, the GAO sustained a protest because the Agency failed to adequately ...
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Appellate Practice: Standard of Review in Virginia Appellate Courts

Appellate Practice: Standard of Review in Virginia Appellate Courts

Appellate Practice
W. Thomas Chappell
As discussed in our recent article, the Virginia General Assembly voted to allow most criminal defendants and civil litigants to have an appeal as of right to the Court of Appeals of Virginia starting on January 1, 2022.  This means that Virginia lawyers will spend more time in the Commonwealth’s appellate courts and will need ...
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Corporate Transparency Act: General Requirements and Purposes

Corporate Transparency Act: General Requirements and Purposes

Gaela R. Normile
It is well-known that certain filings must be made at the state level when forming a corporation or limited liability company. For example, in Virginia, articles of organization or incorporation—depending on the entity being formed—must be filed with the State Corporation Commission that identifies the entity’s name, registered agent, registered office, and principal office. However, ...
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SECURE Act 2.0 – Look Out for New Retirement Plan Incentives

Robert N. Saffelle
On the heels of 2019’s SECURE Act (Setting Every Community Up for Retirement Enhancement Act), there currently is broad bipartisan congressional support for additional retirement plan legislation providing incentives to increase employees’ retirement savings.  The House and Senate have drafted substantially similar bills which are working their way through the legislative process.  Nicknamed “SECURE Act ...
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How does El Salvador’s Bitcoin Law Impact U.S.-based Virtual Currency Exchanges?

How does El Salvador’s Bitcoin Law Impact U.S.-based Virtual Currency Exchanges?

Daniel Salmon
In our recent article on the legal framework governing virtual currencies, we briefly discussed the distinction between money transmitters and virtual currency exchanges.  In short, transmitters are entities that convert fiat currency into virtual currency, whereas exchanges are entities that swap one virtual currency for another, such as Ethereum (ETH) for Dogecoin (DOGE).  The distinction ...
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U.S. Supreme Court Rules that the NCAA's Limits on Education-Related Benefits Violate Federal Antitrust Law

U.S. Supreme Court Rules that the NCAA’s Limits on Education-Related Benefits Violate Federal Antitrust Law

Appellate Practice
W. Thomas Chappell
In a recent unanimous decision, the Supreme Court of the United States in NCAA v. Alston ruled that the National Collegiate Athletic Association’s (NCAA) limits on education-related benefits are invalid under federal antitrust law. This decision will affect compensation rules for student-athletes and is perhaps a sign of potential changes ahead in the NCAA’s student-athlete compensation ...
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Government Contracting: DUNS Number, SAM Registration, and CAGE Code

Government Contracting: DUNS Number, SAM Registration, and CAGE Code

Daniel Salmon
For prospective government contractors, the first step in this venture is to ensure your business is properly registered.  Registration requirements include obtaining a Data Universal Number System (DUNS) number, registration in the System for Award Management (SAM), and obtaining a Commercial and Government Entity (CAGE) code for each unique facility location.  Simply put, all three ...
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Virginia Has Created a New Right of Appeal for Civil and Criminal Litigants

Virginia Has Created a New Right of Appeal for Civil and Criminal Litigants

Appellate Practice
W. Thomas Chappell, Daniel Salmon
Until this last legislative session, Virginia was the only state in the nation without a right of appeal from civil judgments and criminal convictions.  However, the most recent General Assembly session passed, and the Governor signed, perhaps the most consequential piece of legislation affecting the Virginia legal system in many years: the creation of a ...
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Heat-Related Illness Prevention: Training and Supervision

Heat-Related Illness Prevention: Training and Supervision

Daniel Salmon
In the previous article, we highlighted tips for creating a heat-related illness prevention plan (HRIPP) and discussed the importance of considering total heat stress and personal risk factors. In this article, we will focus on the importance of adequate training and day-to-day supervision in preventing heat-related illness in the workplace. Training is one tool that, ...
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Heat-Related Illness Prevention: Creating an Effective Plan

Heat-Related Illness Prevention: Creating an Effective Plan

Daniel Salmon
In the last article, we discussed federal standards related to heat-related illness. As it warms up this summer, now is a perfect time to update or create a heat-related illness prevention plan (HRIPP) for your business. In this article, we will highlight the benefits of creating an effective HRIPP as well as helpful tips for ...
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