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Make It Stop: What A Court Can And Can’t Order A Defamation Defendant To Stop Saying

Make It Stop: What A Court Can And Can’t Order A Defamation Defendant To Stop Saying

Daniel L. Stephens
A defamatory statement or publication can cause serious damage to a person’s business or professional reputation. Monetary damages are always available to the victim of defamation, but in some cases, damages do not fit a client’s situation or needs. For example, in many circumstances, the person making the defamatory statements has done so on numerous ...
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A Quick Refresher on the Association Complaint Procedure

A Quick Refresher on the Association Complaint Procedure

Kathleen Panagis
In July 2020, I was slated to co-present at the Virginia Leadership Retreat (“VLR”) on a program titled It’s the Association Feud! Surveys of the Ombudsman’s Determinations of Final Adverse Decisions to Complaint, After Complaint…After Complaint. In preparation of our presentation, my co-presenter and I spent many months reviewing and summarizing the 200-plus determinations issued ...
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Justice law legal concept. statue of justice or lady justice with law books background.

Bid Protests On The Basis Of Cardinal Change: The Fine Line Between Solicitations And Contract Administration

Daniel Salmon
The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests.  Bid protests are challenges to the terms of a solicitation or to the award of a federal contract.  Post-award protests are generally the result of an interested, but unsuccessful, offeror challenging the agency determination that another ...
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Modern Houses 2

Circuit Court Upholds Rule Requiring Residents to Sign Assumption of Risk Form As a Condition to Using Certain Common Areas During the Pandemic

Kathleen Panagis, Deborah M. Casey
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.  See Norman v. Foxchase Owners’ Assoc., Inc., Case No. CL20-1481 (Albemarle Cnty., Oct. 30, 2020).  From what can be gleaned from a ...
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Circuit Court Upholds Rule Requiring Residents to Sign Assumption of Risk Form As a Condition to Using Certain Common Areas During the Pandemic

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 W. 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.  See Norman v. Foxchase Owners’ Assoc., Inc., Case No. CL20-1481 (Albemarle Cnty., Oct. 30, 2020).  From what can be gleaned from a ...
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Virtually Impossible: Eleventh Circuit’s Denial of Non-Parties Attending Arbitration Hearings Via Video or Telephone

Virtually Impossible: Eleventh Circuit’s Denial of Non-Parties Attending Arbitration Hearings Via Video or Telephone

Gaela Normile
In the age of COVID, it is a rarity for hearings, oral arguments, client meetings, or any other legal proceeding to be held in-person. Instead, lawyers, judges, arbitrators, and all other legal figures are relying on their computers and telephones to keep the dockets moving. With the relative ease of logging into a hearing or ...
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The Short Guide to Short-Term Rentals: Norfolk, VA Edition

The Short Guide to Short-Term Rentals: Norfolk, VA Edition

T. Duggan O'Dea
Short-term rentals have become increasingly popular with Hampton Roads visitors and a big source of income for local property owners. Many guests in the Hampton Roads area are finding accommodations on websites like AirBnb.com, HomeAway.com, and Tripping.com, instead of staying in traditional hotels and resorts. In 2018, Airbnb hosts in the City of Norfolk alone ...
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Simplified PPP Forgiveness Procedure for Loans of $50,000 or Less

Simplified PPP Forgiveness Procedure for Loans of $50,000 or Less

Ray W. King
NOTE:  This article updates the information in the following Articles previously published: PPP Loan Forgiveness, April 29, 2020 Additional PPP Loan Forgiveness Guidelines, June 2, 2020 PPP Loan Forgiveness Application, After the Payroll Protection Program Flexibility Act of 2020, June 24, 2020 On Friday, October 9, 2020, the Small Business Administration (“SBA”) released guidelines for ...
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Business Owners’ Reputations: How Notoriety Can Make Owners (and Their Businesses) Prey to Defamation

Business Owners’ Reputations: How Notoriety Can Make Owners (and Their Businesses) Prey to Defamation

Daniel L. Stephens
Effectively marketing a business and maintaining its reputation and goodwill within the community is exceptionally important to the success of a business, but it is a full-time effort as well. For better or worse, a business’s image and reputation are often closely tied to the image and reputation of its owner or owners. This can ...
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court room

To Infinity and Beyond Immediate Parties: The Fourth and Ninth Circuit Split on the Enforceability of “Infinite Arbitration Clauses”

Dustin M. Paul, Gaela Normile
Imagine walking into an AT&T store to sign up for a service plan and buy a new cellphone. Perhaps, you are excited to finally get your hands on the latest iPhone. At the same time your new phone is placed into one hand, a pen is placed into the other. You sign the dotted line ...
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DOL Proposes New Rule Clarifying Independent Contractor Status

DOL Proposes New Rule Clarifying Independent Contractor Status

Labor & Employment
Anne G. Bibeau, Gaela Normile
The U.S. Department of Labor (“DOL”) has proposed a new rule interpreting independent contractor status under the Fair Labor Standards Act (“FLSA”). The purpose of the proposed rule is to provide clarity as to when a worker is an independent contractor, and not an employee, under the FLSA. If adopted, the proposed rule would operate ...
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Federal Contractors Beware: New Executive Order Prohibits Certain Anti-Discrimination Training

Federal Contractors Beware: New Executive Order Prohibits Certain Anti-Discrimination Training

Labor & Employment
Anne G. Bibeau, Gaela Normile
On September 22, 2020, President Trump signed the Executive Order on Combating Race and Sex Stereotyping (“EO”). Under the EO, executive departments and agencies, the military, federal contractors, and federal grant recipients are required to include specific provisions pertaining to workplace training in every government contract entered into after November 21, 2020. The EO, which ...
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construction-1717905_1280

Construction Industry Economics Respecting COVID-19 Mixed But Positively Trending

George M. Nicholos
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 United States reporting on construction project activity the AIA refers to as “Work-on-the-Boards” (projects in the planning and design processes).  The data is compiled by the AIA’s Economics & Research ...
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GAO Rejects Contractor’s Use of AIA Bid Bond for Federal Project

GAO Rejects Contractor’s Use of AIA Bid Bond for Federal Project

Anthony J. Mazzeo
As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry-standard consensus forms that define the relationships and terms involved in design and construction projects.  While these forms are appropriate for commercial projects, contractors that perform a mix of commercial and government projects should use caution when using ...
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Virginia’s Proposed Permanent Standard for Infectious Disease Prevention Regulations: A reminder that the opportunity for public comment closes September 25, 2020

Virginia’s Proposed Permanent Standard for Infectious Disease Prevention Regulations: A reminder that the opportunity for public comment closes September 25, 2020

Neil Lowenstein
As previously publicized, the Virginia Department of Labor’s (DOL) Safety and Health Codes Board (Board) Emergency Temporary Standard (ETS) for Infectious Disease Prevention became effective on July 27, 2020, but because of their nature would expire unless they or alternatively proposed regulations were made into permanent standards. When the ETS were published, DOL included its ...
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Understanding the Legal Aspects of Privacy in the Age of Smart Phones and Residential Security Cameras

Understanding the Legal Aspects of Privacy in the Age of Smart Phones and Residential Security Cameras

Kathleen Panagis
This article is published in Southeastern Virginia Community Associations Institute’s (“SEVA-CAI”) Currents newsmagazine (Quarter 2 edition)  and is re-printed with permission. With most people in modern society having smart phones that have cameras and video recording capability coupled with the soaring popularity of residential security cameras, one may wonder to what extent does one have ...
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DOL Revises its FFCRA Paid Leave Rule To Narrow the Category of Health Care Providers that Can Be Exempted from the Paid Leave Requirements

DOL Revises its FFCRA Paid Leave Rule To Narrow the Category of Health Care Providers that Can Be Exempted from the Paid Leave Requirements

Labor & Employment
Anne G. Bibeau
On August 3, 2020, the Southern District of New York issued an opinion invalidating certain portions of the U.S. Department of Labor’s (“DOL”) Temporary Rule on the paid leave requirements of the Families First Coronavirus Response Act (“FFCRA”). The DOL has responded by revising its Temporary Rule. The revision, which goes into effect on September ...
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Laptop, Computer, Desktop

Technology for Community Associations in the Midst of Coronavirus

Deborah M. Casey
There is nothing like a global pandemic, complete with Gubernatorial Executive Orders to stay home, social distance and limit gatherings and CDC health recommendations to provide laser focus on how community associations can utilize technology. While the spotlight is on the present crisis, community associations may find that it fast forwards new and improved ways ...
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Update on Section 889 restriction on government contractors use of Chinese-made telecommunications equipment and services

Update on Section 889 restriction on government contractors use of Chinese-made telecommunications equipment and services

Anthony J. Mazzeo
Last week, we advised government contractors in this article about the new restrictions imposed by an interim rule and revised Federal Acquisition Regulation clauses that require contractors doing business with DoD, GSA, and NASA to certify they do not use “covered telecommunications and services” from Huawei and other Chinese companies.  We’ve learned that the Director ...
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New FAR provisions will have far reaching impact for government contractors: Government imposes restrictions on contractors’ telecommunication equipment

New FAR provisions will have far reaching impact for government contractors: Government imposes restrictions on contractors’ telecommunication equipment

Anthony J. Mazzeo
Prime contractors can expect to be asked for a new round of certifications as the result of a FAR provision that takes effect on August 13, 2020.  The provision was announced by an Interim Rule published in the Federal Register on July 14, 2020.  The rule is applicable to all contractors doing business with the ...
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