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Shining a Light on Executive Session

Deborah M. Casey
Let the sunshine in.  I am not talking about the popular 1969 song by The 5th Dimension.  I am referring to the statutes governing Virginia community associations that require all meetings of a board of directors, including any subcommittee or other committee of the board of directors, where the business of the association is discussed ...
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An Appeal of Right: Navigating the New Court of Appeals of Virginia

An Appeal of Right: Navigating the New Court of Appeals of Virginia

Appellate Practice
W. Thomas Chappell
Chappell, W. Thomas (Fall 2022). An Appeal of Right: Navigating the New Court of Appeals of Virginia. VBA Journal, 24–25. https://vba.ygsclicbook.com/pubs/vbajournal/2022/fall-2022/live/index.html#p=24 ...
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Courtroom And Gavel

Determining Whether a New Cause of Action “Relates Back” to the Initial Complaint

Alli Mentch
Occasionally, a plaintiff may file a complaint and later seek an amendment to add a new cause of action. An issue may arise if the statute of limitations as to the new cause of action has expired. However, if the new cause of action “relates back” to the initial complaint, then the date of filing ...
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Court Room 3

Civil Interlocutory Appeals In Virginia

Appellate Practice
W. Thomas Chappell
*This article was authored with the assistance of Summer Associate Alexa Kathol Macumber. Alexa is pursuing her JD at the Regent University School of Law. While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court ...
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Yale Padlock 5

Lis Pendens and Arbitration – Avoiding an Either-Or Dilemma

Daniel L. Stephens
The filing of a Lis pendens is a vital tool for protecting a party’s rights in enforcing a purchase and sale agreement for real estate, but if the claim at issue falls within a mandatory arbitration clause, the party may not have the right to file a lis pendens. A lis pendens is a notice ...
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Now That’s A Steel:  VDOT Issues Memorandum for Steel Escalation Price Adjustments

Now That’s A Steel: VDOT Issues Memorandum for Steel Escalation Price Adjustments

Gaela R. Normile
Construction material prices have been extremely volatile, negatively impacting virtually all projects. Recently, VDOT issued guidance on steel escalation, but for VDOT projects only. VDOT’s July 27, 2022 memorandum provides that VDOT will consider pay adjustments by change order for the unexpected rise in prices for steel used on projects between January 1, 2022, and ...
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USPTO Registers the Word “THE” as a Trademark for Ohio State

USPTO Registers the Word “THE” as a Trademark for Ohio State

Jane D. Tucker
The trademark THE has just been registered by the United States Patent and Trademark Office (“USPTO”) to The Ohio State University (“OSU”) for t-shirts, ballcaps, and hats.  Yikes!  What does this mean for others wanting to use the word “The”? The trademark registration gives OSU the exclusive right to use the word “The” by itself ...
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Lady Justice Statue

So You Joined the Board…Now What? Check Out Tips from An Attorney

Kathleen W. Panagis, Deborah M. Casey
PAGE 23... CAI National’s Community Association Law Seminar was back live and in-person at the La Quinta Resort & Club in Palm Springs, California from February 9th through 12th. We were more than happy to attend the “live and in-person” portion of the Law Seminar, especially since the weather in Palm Springs was the exact ...
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What To Expect From The Virginia Supreme Court Regarding Certified Questions Of Law

What To Expect From The Virginia Supreme Court Regarding Certified Questions Of Law

Appellate Practice
W. Thomas Chappell
*This article was authored with the assistance of Summer Associate, Alexa Kathol Macumber. Alexa is pursuing her JD at the Regent University School of Law. While the vast majority of cases heard by the Supreme Court of Virginia are to review rulings from lower Virginia courts, occasionally the Supreme Court will be called upon to ...
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Condo 2

New Statutory Requirements for Condominium Inspections Following the Collapse of Champlain Towers South in Florida

Construction
George M. Nicholos
Heightened statutory inspection and maintenance requirements in high-rise condominium buildings emphasize the critical importance of similar inspection and maintenance regimens for similarly situated properties. On June 24, 2021, Champlain Towers South, a 12-story oceanfront condominium building suddenly and unexpectedly collapsed killing 98 people.  On May 25, 2022, almost one year later the State of Florida ...
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The New Court of Appeals of Virginia Issues Its First En Banc Ruling, Issuing an Important Ruling on Preservation of Error

The New Court of Appeals of Virginia Issues Its First En Banc Ruling, Issuing an Important Ruling on Preservation of Error

Appellate Practice
W. Thomas Chappell
Recently, in Jacks v. Commonwealth, No. 0833-20-3, ___ Va. App. ___ (May 17, 2022), the Court of Appeals of Virginia issued its first en banc ruling since it expanded from 11 to 17 full-time members to accompany the new rights of appeal for civil litigants and criminal defendants.  For more information about the expansion of ...
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Compensation & Personal Injury Lawsuits Against Subcontractors in Virginia

Emergency Action Plans

Construction
Neil S. Lowenstein
An Effective, and Necessary, Collaborative Tool for Job Site Safety As Construction Safety Week 2002 wanes, we want to discuss emergency action planning. OSHA requires formalized Emergency Action Plans (EAP) for all employers. For companies with more than 10 employees, the EAP must be written; but companies with fewer than 10 employees may communicate their ...
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Sunset and Clouds

Heat Protection Awareness: It’s starting to get hot again in many places and in other places heat is a constant issue

Construction
Neil S. Lowenstein
As part of Vandeventer Black’s participation in Construction Safety Week 2022, and with heat increasing in many places (or staying hot in others), we wanted to remind those in the industry of the importance of heat-related illness prevention, training, and supervision. It remains important for construction companies to have a well-considered heat-related illness prevention plan ...
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Construction Industry Safety Awareness

Construction Industry Safety Awareness

Construction
Neil S. Lowenstein
According to 2020 OSHA data, there were 976 construction-related fatalities. Of those 88 fatalities included construction supervisors, making it clear that safety awareness is critical for everyone on a project site and not just for tradespersons. In total, OSHA reports that about 20% of all worker fatalities were in the construction industry – accounting for ...
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Human Hands Exchanging Money

Cleaning Up Its Mess – the Virginia Assembly Ditches Virginia’s Overtime Wage Act

Labor & Employment
Anne G. Bibeau
Well, that was fun! Last year, on July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, causing significant headaches for Virginia employers because it differed starkly from the federal Fair Labor Standards Act (FLSA) on a number of key points. Employers were left reeling as they tried to untangle the new law’s ...
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Pile of Money on Top of White Envelope

Virginia’s New Construction Payment Terms (Part 2)

Construction
James R. Harvey
(Part two of a two-part article series)  This article is a continuation of Monday’s article, and we will be discussing in detail the new payment terms for all construction contracts in Virginia. ARE “PAY-WHEN-PAID” CLAUSES A THING OF THE PAST IN VIRGINIA? KINDA, SORTA, MAYBE.  Starting January 1, 2023, all construction contracts in Virginia will ...
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Money In Rubber Band

Virginia’s New Construction Payment Terms (Part 1)

Construction
James R. Harvey
(Part one of a two-part article series)  Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the payment landscape may have just created more uncertainty for Virginia contractors. On April 11, 2022 Governor Younkin signed Senate Bill 550 with proposed amendments ...
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A Brief Overview of Suspension Bonds and Appeal Bonds for Appeals to the Court of Appeals of Virginia and the Supreme Court of Virginia

A Brief Overview of Suspension Bonds and Appeal Bonds for Appeals to the Court of Appeals of Virginia and the Supreme Court of Virginia

Appellate Practice
W. Thomas Chappell
As part of a larger set of articles on appellate practice inspired by the Court of Appeals of Virginia taking on an expanded role, this article will discuss the often-overlooked but important topic of appeal bonds. The term “appeal bond” is frequently used colloquially among the Bar to refer to two different types of bonds: ...
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Closeup Photo of Black and Blue Keyboard

How to Protect Your Business Against Ransomware

Technology Roundup
Jonathan V. Gallo
Within the past decade, technology has evolved extremely rapidly, which can be both beneficial and difficult for business owners to navigate. Just as common technology like laptops and mobile banking has evolved, so have the cybercriminals that target businesses in ransomware attacks. Despite the frightening news of recent ransomware attacks, Vandeventer Black is here to ...
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Hand Signing a Paper

New Federal Law Ends Mandatory Arbitration of Sexual Harassment and Assault Claims

Anne G. Bibeau
This month, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, limiting the use of mandatory employment arbitration agreements. Until now, under the Federal Arbitration Act, employers, by use of valid arbitration agreements, could require employees to submit most claims against the employer to arbitration. The ...
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