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Virginia Circuit Court Upholds Rule Requiring Residents To Sign Assumption Of Risk Form As A Condition To Using Certain Common Areas During The Pandemic

Deborah M. Casey, Kathleen Panagis
A Charlottesville Circuit Court held that a rule promulgated by a Virginia property owners’ association requiring residents to sign an assumption of the risk form prior to using certain common areas was reasonable ...
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Don’t be a victim of an ADA drive-by!

Don’t be a victim of an ADA drive-by!

George M. Nicholos
This past year marked the 30th Anniversary of the Americans with Disabilities Act (ADA). The Act was signed into law on July 26, 1990. The Act is a civil rights law that promotes the inclusion of people with disabilities in every aspect of life, including existing buildings and facilities.  Under Title III, the Act defines ...
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Court Upholds Mandatory Assumption Of COVID-19 Risk Form

Court Upholds Mandatory Assumption Of COVID-19 Risk Form

Deborah M. Casey
A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19 ...
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Hindsight is 2020 – A Look Back at Impact of COVID-19  on Community Associations Focuses Efforts Moving Forward

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

Kathleen W. Panagis, Deborah M. Casey
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 ...
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Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

Daniel Salmon
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 ...
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VOSH STANDARD REVISIONS APPROVED

VOSH STANDARD REVISIONS APPROVED

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

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

Anne G. Bibeau
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 ...
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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

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

Ray W. King
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 ...
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GAO Finds SAM Registration Requirement to be Minor Informality

GAO Finds SAM Registration Requirement to be Minor Informality

Daniel Salmon
FAR 4.1102 requires offerors to register 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 contacts, and some others.  However, the Government Accountability Office (“GAO”) recently found that an offeror’s failure to renew its SAM registration was not ...
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Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

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

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

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

Labor & Employment
Michael D. Pierce
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 ...
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cannabis law, hemp law, virginia cannabis

Changing Times – Recent Developments Give Cannabis Businesses New Optimism (Part 2)

Jonathan V. Gallo
Part 2 of a Two-Part Series In last week’s article we discussed some of the recent developments at the state, federal, and international levels that have given cannabis businesses new reasons to be optimistic in 2021.  In this second of a two-part series, we will briefly discuss some of the key findings of the recent ...
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COVID CONFUSION: Recent Updates from the CDC and Governor Northam Leave Employers with More Questions and No Clear Answers

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

Anne G. Bibeau
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 ...
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Be Wary of Real Estate Closings When Appealing Judgments

Be Wary of Real Estate Closings When Appealing Judgments

Gaela Normile
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 ...
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VOSH Standard Revisions

VOSH Standard Revisions

Daniel Salmon
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 ...
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cannabis law, hemp law, virginia cannabis

Changing Times – Recent Developments Give Cannabis Businesses New Optimism

Jonathan V. Gallo
The year 2020 has been like no other in recent memory, but as the second decade of the 21st century draws to a close, recent developments at the state, federal, and international levels have given cannabis businesses new reasons to celebrate despite this year’s hardships.  This two-part article will discuss some of those developments.  Virginia ...
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Virginia’s New COVID-19 Reporting Change and Online Reporting Portal

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

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

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

Jonathan V. Gallo
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 ...
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Timely Protest Following Required Debrief or Explanation Letter

Timely Protest Following Required Debrief or Explanation Letter

Daniel Salmon
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 ...
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Virginia Federal Court Dismisses Employee’s COVID-19-Related Wrongful Termination Lawsuit

Labor & Employment
Michael D. Pierce
For Virginia employers, 2020 has turned their world upside down between the complicated issues arising from the coronavirus pandemic and a wave of new state employment laws.  However, a recent decision issued in the United States District Court for the Eastern District of Virginia lends some support to employers exercising discretion and caution in this ...
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