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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
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
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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Bottom View of Basketball Ring

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

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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Court Room 3

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

W. Thomas Chappell
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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Sun

Heat-Related Illness Prevention: Training and Supervision

Vandeventer Black
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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Sunset

Heat-Related Illness Prevention: Creating an Effective Plan

Vandeventer Black
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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Sunset and Clouds

Heat-Related Illness Prevention: Introduction to Federal and State Standards

Vandeventer Black
Heat-related illness can affect various industries and work environments. As temperatures rise this summer, it is important for businesses to have a plan to address heat-related illness to protect both the employer and its employees from avoidable harm.  This article is the first in a three-part series and will highlight sources of federal and state ...
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Marijuana

Virginia’s JLARC Recommends Changes to Virginia’s New Cannabis Law

Cannabis Law
Jonathan V. Gallo
The Virginia General Assembly’s Joint Legislative Audit and Review JLARC (JLARC) released a briefing comparing Virginia’s recently passed cannabis law to the recommendations in its study released in November 2020.  For background on the 2020 study, review our previous article. JLARC found that the General Assembly implemented 80% of its recommendations and policy options from ...
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New Developments in the Colonial Pipeline Attack Provide Businesses Good News – And Some Important Lessons

Jonathan Gallo
It has been barely a month since we reported on the recent ransomware attack on the Colonial Pipeline Company, yet news continues to break with additional revelations about the recent attack.  What we have learned during the past several weeks should give businesses encouragement, while reinforcing some important lessons. Shortly after the attack, it was ...
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