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Syringe and Medical Vial With Light Blue Vaccine

Court Temporarily Blocks Vaccine and Testing Rules for Private Employers

Dean T. Buckius
On Friday, we reported on OSHA’s new rules that require employers with 100 or more employees to ensure that their employees are vaccinated or tested weekly for Covid-19.  On Saturday, a federal appeals court temporarily stayed (or suspended) the enforcement of the rules. What this means for the future of the rules is uncertain.  The ...
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Face Masks Background

OSHA Has Issued Its Emergency Temporary Standard for Businesses with 100 or More Employees

Anne G. Bibeau
OSHA’s long-awaited Emergency Temporary Standard (“ETS”) will be published in the Federal Register on November 5, 2021. The ETS applies to businesses with 100 or more employees, requiring them to either mandate the COVID-19 vaccine for all covered employees or adopt a policy requiring covered employees to elect between vaccination and regular testing and face ...
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Tweet About Elon Musk

Tweeting Your Way Into A Legally Enforceable Contract

James Levantino, Gaela R. Normile
Introduction: If you haven’t heard the news, a recent article published by CNN Business reported that the Director of the United Nations’ World Food Programme (“WFP”), David Beasley, declared that “2% of Elon Musk’s wealth could help solve world hunger.” According to Mr. Beasley, billionaires need to “step up now, on a one-time basis.” Well, ...
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Cybersecurity Awareness Month: Tips On Practicing Basic Cyber Hygiene

Prioritizing Cybersecurity in a Hybrid Workplace

Jonathan V. Gallo
In this day and age, employees are more connected than ever. The hybrid workplace is here to stay, and for employees, this means relying on connected devices from their home offices. According to recent data,[1] smart home systems are set to rise to a market value of $157 billion by 2023, and the number of ...
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Hand Holding a Mask

Masks, Vaccines, and a Return to the Workplace = Continued Economic Strength in the Construction Industry

George M. Nicholos
Upturn in construction activity expected; the AIA’s Architecture Billings Index through August 2021 indicates continued economic strength despite growing supply chain issues. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from American Institute of Architects (AIA) member firms located throughout the country reporting on activity of “work-on-the-boards.” The data ...
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Cybersecurity Awareness Month Banner

FIGHT THE PHISH!

Jonathan V. Gallo
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 article 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 ...
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Cybersecurity Awareness Month Do Your Part Banner

Cybersecurity Best Practices

Jonathan V. Gallo
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 ...
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Cybersecurity Awareness

Vandeventer Black LLP Supports Cybersecurity Awareness Month – 2021

Jonathan Gallo
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 ...
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Syringe and Medical Vial With Light Blue Vaccine

Legal Alert: New Vaccination Requirements for Federal Contractors

Anne G. Bibeau
On September 9, 2021, President Biden announced an ambitious plan to increase COVID-19 vaccinations. On that same date, he signed an Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”). The EO requires that (1) by November 14, 2021, all new federal contracts and contract-like instruments solicited on or after October 15, ...
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Doctor Injecting Woman's Left Arm

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. In July 2020, Virginia became the first in the nation to issue workplace safety rules regarding COVID-19, with its emergency temporary standard. DOLI revised the emergency temporary standard and made it ...
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Yale Padlock 5

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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Doctor Holding Syringe

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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Us Dollar Bills Background

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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Doctor Injecting Woman's Left Arm

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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Disabled Only Sign

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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Man And Woman Hands With Wedding Ring

Estate Planning for Married Couples and Parents

Patrick W. Herman, Peyton Farley
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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Shadow Jump Shot Picture of Two Woman With Sunset Background

Estate Planning for Young Adults

Patrick W. Herman, Peyton Farley
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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Lady Statue of Justice

Appellate Practice: Standard of Review in Virginia Appellate Courts

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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Glass Railing

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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Set of American Dollar Bills as Background

SECURE Act 2.0 – Look Out for New Retirement Plan Incentives

Vandeventer Black
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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