Authors
Ambrosio, Christopher Barrett, R. John Bibeau, Anne G. Bilisoly, F. Nash Brennan, Mark S. Buckius, Dean T. Caramore, Megan Casey, Deborah M. Chappell, W. Thomas Coberly, Mark T. Crouch, Richard J. Donaldson, Jed Dustin Narcisse Eaton, Jennifer L. Franczek, William E. Gallo, Jonathan V. Genzler, Patrick A. Guy, Richard S. Harvey, James R. Hemphill, Geoffrey G. Herman, Patrick W. King, Ray W. Klinedinst, Arlene F. Lowenstein, Neil S. Mazzeo, Anthony J. McGann, Bryant C. Moss, Ashley G. Nicholos, George M. O'Dea, T. Duggan O'Donnell, Robert L. Ottinger, Richard Palais, Douglas M. Paul, Dustin M. Pierce, Michael D. Poston, Anita O. Powers, Edward J. Rafal, Adam S. Ratliff, Vania Rixey, James B. Romero, Joseph Safelle, Robert N. Salmon, Daniel Serrano, Jenniffer Sterling, Michael L. Sykes, Brian L. Tracy Taylor Hague, Tucker, Jane D. Vandeventer Black Weckstein, Daniel R. DOL and IRS Issue Guidance on the Families First Coronavirus Response Act (FFCRA) Paid Leave COVID-19 AND TELEWORKING – MAKING SURE BUSINESSES AND THEIR EMPLOYEES ARE ON THE SAME PAGE UPDATE: Virginia DEQ Issues Temporary Environmental Enforcement Policy During COVID-19 Paycheck Protection Program under the Coronavirus Aid, Relief, and Economic Security Act COVID-19 Isolation – A Good Time to Review Your Estate Planning Documents EPA and States Issue Temporary Environmental Enforcement Policies During COVID-19 The CARES Act – What the Coronavirus Aid, Relief and Economic Security Act (CARES Act) Means for Businesses Coronavirus: Additional Consideration for Protecting Community Associations and Continuing to Operate COVID-19, Leasing, and Force Majeure Clauses Fannie Mae and Freddie Mac will grant mortgage forbearance for Borrowers who suspend evictions for renters in multifamily properties with loans backed by Fannie Mae or Freddie Mac Bankruptcy Considerations And Relief For Distressed Businesses Amidst COVID-19 Employers Must Post Notice to Employees Regarding Families First Coronavirus Response Act (FFCRA) Leave Be Vigilant – Covid-19 Creates Additional Opportunities For Fraud Answers To Some Pressing Basic Commercial Issues Arising From COVID-19 Navy Issues Guidance Regarding Barriers to Contractors’ Performance Construction and Government Contractors are Critical Infrastructure – Government Guidance to Contractors Business Financial Assistance during COVID-19 Crisis Payroll Tax Credit for Qualified Emergency Paid Sick Leave and Emergency FMLA Extensions for Tax Returns and Payments Environmental Enforcement Agreements, Force Majeure Provisions, & COVID-19: Now is the Time to Review Your Consent Order and Assess Your Options DOJ Ends Use of SEPs In Civil Enforcement Actions Construction Project Team Considerations Regarding COVID-19 Families First Coronavirus Response Act: What Employers Need To Know Virginia DPOR Offices Closing But Taking Administrative Actions to Minimize COVID-Related Impacts. Buyer Beware: The Sale of Fake Face Masks is Proliferating Businesses Can Register for EPA Verification of Surface Cleaning Products Coronavirus: Protecting Community Associations and Continuing to Operate Coronavirus and the Law of Contracts OSHA Advice Supports Common Sense Approach To Covid-19 In The Workplace Pre-laying Foundation for Lender Consent to Future Leasing Activity Anticipatory Drafting: Documenting the Release Parcel on the Front End Coronavirus and Virginia Workers’ Compensation Guidance for Businesses in Planning for Outbreak of the Coronavirus Coronavirus (COVID-19): A Message from our Managing Partner Virginia’s Workers’ Compensation And Undocumented Workers: Are Employers Liable For Paying Benefits? Construction Change Order: Friend or Foe Virginia’s Right To Work Law Is Under Attack Compliance With Overlapping Solicitation Requirements Small Business Size Standards: Calculation Of Annual Average Receipts Mixed Economic News from the Construction Industry Part 3: UNITED STATES DEPARTMENT OF AGRICULTURE PUBLISHES INTERIM FINAL RULE ON DOMESTIC HEMP PRODUCTION Part 2: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production Part 1: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production Guarantor Provisions to Negotiate in Non-Recourse Financing Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset YOUR SWAM CERTIFICATION IS AT RISK Cyber Liability Insurance for Small to Medium Size Businesses – Are You Covered? Shopping Subcontractors After Using Bid That Resulted In Contract Award U.S. Department of Labor Increases FLSA Salary Threshold House Moves to Ban Employment Arbitration Agreements DoD publishes final rule limiting the use of LPTA procurements effective October 1, 2019 Government Adds Australia as a World Trade Organization Country Cannabis Confusion: The Proliferation Of Cbd Products Can Be Misleading. HIRING EMPLOYEES UNDER THE AGE OF 18 Supporting Your Position: Progress and Issue Documentation is Time Well Spent SBA Raises Size Limit For Firms To Qualify As Small Businesses Unintended Consequences With Modern Day Construction Documents – Typically, “The Devil is in the Details” Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors VIRGINIA LAW ALLOWS FOR THE FIXING OF ERRORS IN THE TERMS OF A WILL OR TRUST DoD Introduces New Cybersecurity Certification for Defense Contractors 2019 Legislative Changes Affecting Community Associations We’ve Been Sued! We Need to Sue! What to Expect When Your Association Goes to General District Court New Virginia Law Regarding Personnel Records To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review Tools of Mutual Benefit: The Scope and Purpose of Lease Guaranties Business Email Compromise Scams and Malware: Why Construction Companies Should Worry Legal Liability of Design Professionals for Failure to Adapt to Climate Change A Virginia Employer’s Guide to Marijuana Department of Labor Proposes New Rule on Joint Employment Status Ransomware – What it is, how to avoid it, and what to do if you are infected. Malware – A Persistent Threat to the Maritime Industry The Department of Labor Proposes New Rule Regarding the Regular Rate of Pay U.S. Department of Labor Proposes New Salary Threshold Bad Company Corrupts Good Licenses Virginia and Fourth Circuit Case Summaries Patent Trolls – What Businesses Need To Know Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part Two) Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part One) 11th Circuit Permits Termination Of Retiree Obligations In Bankruptcy Letters Of Intent: Valuable Tools To Facilitate (Not Obfuscate) The Deal The Small Business Runway Extension Act Of 2018 Who Benefits From Your Design Or Consulting Services Contract? THE NEW TAX ACT AND MY ESTATE PLANS: NOW WHAT? Final Crane Operator Certification Requirements Top 7 Sources Of Uncertainty In Building Design And Construction Canada’s New Data Breach Reporting Requirements In Effect As Of November 1, 2018 SBA Rules On SDVOSB Ownership And Control Recent Change To Rights Of SDVOSB Minority Owners EPIC FOLLOW-UP: COURT CONFIRMS THAT CLASS-ACTION WAIVERS APPLY TO FLSA ARBITRATION Your Responsibility for Worker’s Compensation May Extend Further Than You Think General Contractors: Important Licensing Considerations Contractor Safety Continues to Improve, but Trends Continue Five Steps to Greater Cybersecurity Health for Community Associations 2018 Legislative Changes That Affect Community Associations Beware Of Usury Laws When Receiving A Loan As A Business Federal Law Considerations For Data Custodians Operating Within Ftca § 5 Ftc Consent Orders Pursuant To Ftca § 5 Ftca § 5 And Unfair Or Deceptive Trade Practices Data Custodianship: My Website has 10,000 Users, Now What? Easements by Estoppel in Virginia Potential Contract Adjustments Based on Tariffs Virginia Law Provides Avenue To Save Imperfectly-Executed Wills Another Blow To Construction Indemnity Agreements In Virginia US Supreme Court Overturns Quill Trade Secrets And Proprietary Information – Recent Changes To Virginia Law Federal Jury Enters $50,000 Judgment Against Construction Company For FMLA Retaliation “I Won The Judgment, Now What?” A Few Do’s and Don’ts of Purchasing Small Business Insurance U.S. Supreme Court Rules In Favor Of Employment Agreements Requiring Arbitration On An Individual Rather Than Class Or Collective Basis. Agreements Not to Hire Another Business’s Employees And Sharing Wage Information May Violate Antitrust Laws THE SUPREME COURT RULES THAT AUTOMOBILE SERVICE ADVISORS ARE FLSA EXEMPT. COURT RULES THAT SALARY HISTORY DOES NOT JUSTIFY PAY DISCREPANCY UNDER EQUAL PAY ACT RESTAURANT AND HOTEL INDUSTRY ALERT: SIGNIFICANT CHANGES FOR TIP POOLING ARRANGEMENTS DON’T ASSUME A DESIGN ROLE UNLESS YOU’RE THE DESIGNER CORPORATE ENTITIES FOR DESIGN PROFESSIONALS: ONE SIZE DOESN’T FIT ALL YOU LOST, NOW WHAT? MAKING THE DECISION TO APPEAL What Type of Entity is Right for Your Business? OSHA DEADLINE FOR ELECTRONIC REPORTING OF INJURIES AND ILLNESSES APPROACHING BUYING AT A FORECLOSURE SALE “DON’T LET A BARGAIN BECOME A BURDEN” THE INFORMATIONAL RIGHTS OF MINORITY SHAREHOLDERS IN VIRGINIA DON’T LET “NON-BINDING” AGREEMENTS ACTUALLY BIND YOU CYBER LIABILITY INSURANCE FOR SMALL TO MEDIUM SIZE BUSINESSES – ARE YOU COVERED? BUSINESS RESOLUTIONS FOR THE NEW YEAR Conducting Effective Sexual Harassment Investigations Defend, Indemnify, and Hold Harmless – What Does this Contract Language Mean for A/E Professionals NLRB Comes to its Senses on Joint-Employer Liability, Overruling its Browning-Ferris Decision Writing Off Bad Debt An Overview of Virginia Law on Electronic Signatures Can an Architect Be Held Liable for Defects in Construction Handling Document Subpoenas Sexual Harassment: Reducing Employer Risk of Liability DFARS Clause 252.204.7012 Requirements in Cloud Computing The Perils of Online Mechanic’s Lien Services Changes on the Horizon in Labor and Employment Law USCIS Changes Form 1-9 . . . Again Counting Down to Deadline for DoD Requirements for Safeguarding Covered Deference Information and Cybersecurity Incident Reporting OCTOBER: National Cybersecurity Awareness Month Project Fatality: Now What? (Part 4) Project Fatality: Now What? (Part 3) Project Fatality: Now What? (Part 2) Project Fatality: Now What? (Part 1) Distilling the Development Deal: Avoiding Pitfalls of Handshake Agreements Copyright Law for Community Associations Top Reasons to Amend a Community Association’s Governing Documents A Corporate Formality with Significant Implications – Carefully Select our Community Associations Registered Agent Maintaining Company Minutes Existing Caselaw that Honors U.S. Choice of Law Clauses in International Contracts is Left Undisturbed by Supreme Court Why Contract Relationships are Just as Important as the Terms of Contracts Themselves in a Construction Dispute Mechanic’s Liens: Small Mistakes Can Have Large Consequences ICC Releases Updated A117.1 Building Accessibility Standard Succession Planning: Keeping What You Built Positively Moving Forward Recent Changes to Virginia’s SWaM Regulations Two Significant Policy Changes by the Trump Administration’s Department of Labor Claims for Additional Costs and Delays Under the New AIA A201 General Conditions of the Contract for Construction Valuing Rights Taken Valuation of Temporary Easements Good Collection Practices Protect Lifeblood of Community Associations Bankruptcy Basics for Community Association Boards of Directors EEOC Releases Guidance for Employees with Mental Health Conditions The Economic Loss Rule is Alive and Well for Insurance Licensees Changes to Virginia Law on Tenant Rights After Foreclosure Federal Contract Blacklisting Rule Repealed Exit Strategies in Real Estate Investments Fall Protection: The Right Equipment, Training, and Emphasis Makes a Difference February Architecture Billings Index (ABI) Inches Upward ConsensusDocs Updates 200 Series Federal rulemakers consider a rulemaking petition on demurrage and detention charges OSHA’s Final Rule to Protect Workers from Exposure to Respirable Crystalline Silica Virginias Ongoing Efforts to Address Employee Misclassification by Construction Contractors Fourth Circuit Articulates Test for Joint Employment under the FLSA New Case Law – Violation of Medical Restrictions Builder – Designer Mergers Secondary Easements ESTATE PLANNING FOR FAMILY HELD BUSINESSES: AN UPDATE ON THE NEW IRS PROPOSED REGULATIONS TARGETING “DISCOUNTING” U.S. Department of Labor Issues final Rule on Mandatory Paid Sick Leave for Federal Contractors The New Form I-9: The Forgotten Immigration Law 2017 VA General Assembly Update For Community Associations (Week 2) Landlord Has Personal Claim Against Officer Of Tenant Corporation For Removing Property From Premises Contractor Denied Payment For Work Performed Because Contract Violated Virginia Public Procurement Act Recent Virginia Supreme Court Decision Impacts Subcontractor Liability The Housing Opportunity Through Modernization Act (HOTMA) Update 2017 Virginia Legislative Forecast* NEW FAR CLAUSE HEIGHTENS CYBERSECURITY STANDARDS FOR CONTRACTORS’ INFORMATION SYSTEMS NAVIGATING THE UNITED STATES’ AND THE IMO’S BALLAST WATER MANAGEMENT RULES THE FALSE CLAIM ACT: THE GOVERNMENT’S SLEDGEHAMMER JUST GOT BIGGER TENANTS RIGHTS IN FORECLOSURE UNDER VIRGINIA LAW LEGAL ALERT: FLSA Salary Increase Halted Situs of Injury under the Longshore Act GETTING PAID: Government Contracts Understanding Spoliation and an Attorney’s Role in Preventing the Destruction of Evidence EMPLOYERS BEWARE: Unpaid Officers and Directors may count as employees under the Virginia Workers’ Compensation Act Loaning money to your own business The Federal Contractor “Blacklisting” Regulations are Temporarily Enjoined Choosing Association Attorney is Important Decision The Housing Opportunity through Modernization Act Reforms Federal Housing Administration Project Approval Requirements Books and Records Short-Term Rentals: A Practical Guide Guidance for Virginia Contractors heading South of the Border (to North Carolina) Updates on Employment Eligibility In Preparing for the FLSA Salary Increase, the Fluctuating Workweek Federal Aviation Administration Finalizes Rules For Commercial Use Of Drones Who do you think is a Longshoreman? Practicing Without A Contractor’s License: More Than A Slap On The Wrist Not Registered with SAM? New Proposed Rule Would Preclude Offers Keep Calm and Carry On: Brexit’s Effect Virginia Supreme Court Confirms Employee Firings on the Spot SBA Issues Final Rule Regarding Affiliation Calculation of Annual Receipts Limitationson Subcontracting and Joint Ventures Keep It In The Bathroom If You Can: Effects And Implications Of North Carolina House Bill 2 Construction Forecast For 2017: What Project Types Are Predicted To Be Hot General Accountability Office Proposing Fee for E-Filing Protests Drone Law Fee Schedule Update Businesses Have New Tool to Protect Trade Secrets Important changes to FLSA Exempt Status and Overtime Regulations Chinese Domain Name Scams Important Changes Pending to FLSA Exempt Status and Overtime Regulations Virginia Becomes First State to Formally Regulate Fantasy Sports U.S. Department of Labor Issues Proposed Rule on Mandatory Paid Sick Leave for Federal Contractors Supreme Court of Virginia Clarifies Scope of Contractors’ Potential Liability for Design Defects Highway Projects Affected by Cargo Preference Act Changes Wage and Hour Issues for Tipped Employees The Application of the Amorphous “Death Presumption” in Virginia Workers’ Compensation Driver Privacy Act Now Protects Information Contained Within Your Vehicle Federally-Funded Highway Projects Impacted by Federal Cargo Preference Act Changes Effective as of February 15, 2016 Protecting Your Business’s Reputation on the Internet Agency Agreements FHWA BA Exemption 2012 Memo Vacated EDI Compliance Penalty Information Will Virginia Adopt a Medical Fee Schedule? New Case Law on Wage Loss Benefits After Retirement VDOT RBS 2016 Revisions Summary Provision Agreeing to not Challenge Arbitration Award Voided by Georgia Court Beware of Background Check Disclosure Risks Call the Doctor: Executive Order Establishes New Paid Sick Leave For Federal Contractors Five Things You Should Know About DoD Cybersecurity Regulations Potential Changes…New Overtime Rules Proposed by Department of Labor Reporting Claims or Potential Claims… Don’t Let Your Intern Become a Nightmare New Laws Affecting Construction: Part III Virginia’s New Crowdfunding Law An Ounce Of Prevention… Department of Labor and Industry Misclassifications Policy Preserving Small Business Status in Mentor-Protege Joint Ventures A Word of Caution to Design Builders Recent Revisions to AAA Rules New Laws Affecting Construction: Part II New Laws Affecting Construction: Part I Department of Justice Releases Cyber Security Best Practices The Risks of Using Criminal Statutes to Collect Construction Debts False Claims Act: The Fourth Circuit’s Triple Canopy Decision Call Miss Utility: Call Who & Why? Resurgence of Defense Base Act (DBA) Insurance Coverage for Subcontractor Non-Compliance with Prevailing Wage Laws Prospective Waiver of Lien Rights by Subcontractors & Suppliers The Trouble with Certificates Protect Your Trademark from Cybersquatters You’re About to Get Ambushed New Executive Actions Relating to U.S. Immigration Law Make Sure You’re Covered: Report All Claims and Potential Claims Fourth Circuit Clarifies Federal False Claims Standards in January 2015 Majority Decision Law Tips: Incorporation by Reference Are Cyber Attacks an Act of “War” within the Meaning of Liability Policies? Douglas Palais, Co-Author of Virginia CLE “Insurance Law in Virginia” Statutory Subcontract Limits & Requirements for North Carolina Subcontracts: The Short Summary© North Carolina Mechanic’s Lien Rights: The Short Summary© North Carolina “Little Miller” Payment Bonds: The Short Summary© Industry Opposes Senator McCain’s Jones Act Repeal Rider to Keystone Pipeline Bill What Recourse do you have when a Competitor Protests your Government Contract Reward? Policy Changes in Government Contracting Regarding the Rights of Lesbian, Gay, Bisexual & Transgender Persons (LGBT) Warranty Provisions Deserve Careful Consideration from Contractors Foreign Owners of U.S. Businesses: Time is Running Out New Updates to Cobra Notices Include Affordable Care Act Information New OSHA Reporting Requirements Effective January 1, 2015 Mechanic’s Liens: Part One. Technical Risks Mechanic’s Liens: Part Two. Practical Risks New Virginia Laws Address Medical Provider Billing Primer on Virginia’s Data Breach Law: Part Two Primer on Virginia’s Data Breach Law: Part One The Do’s and Dont’s of International Sales Contracts For Subcontractors-Incorporation By Reference: A Contract Clause Worth Negotiating Confusion Surrounds a New Virginia Law on Emploees’ Personal Identifying Information Can I File a Bid Protest over an IDIQ Task Order? Claims Relating to Violations of Moving and Hauling Permits Risks of Indemnification Clauses Worker’s Compensation in Virginia: Employer Basics Court Questions Teaming Agreement Protect Your Brand Name from Infringing Domain Names by Registering With the New Trademark Clearing House Proposed Rule on the Detection and Avoidance of Counterfeit Electronic Parts in Government Contracting Joint Ventures & Double BPOL Jones Act or Longshore Act? Construction Site Falls, Injuries & Fines Public-Private Partnerships: Conflicting Interests Between Design-Builder and Designer The Princess and the Pea: Liability for Prescription Mattresses? Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors Carrier Prevails in Medical Bill Dispute Rebound in Construction Activity? We Won the Contract, But Then Discovered a Mistake in our Bid. Now What? New Restrictions on Mechanic’s Lien in Virginia A security guard may be covered under the Longshore Act if his work is integral to shipbuilding. OSHA Guidelines Put a Damper on Employee Safety Incentive Programs New Rule on Distracted Service Vehicle Driving Makes Unsafe Habits Expensive HB 153 is now Chapter 654 of the Virginia Code Concurrent Jurisdiction is a Thing of the Past in Virginia Experienced Community Associations Attorney Joins Vandeventer Black Vandeventer Black Donates over $12k to the United Way of South Hampton Roads Chappell Appointed to the Community Associations Institute’s Virginia Legislative Action Committee Vandeventer Black Announces 2020 Executive Board Anne G. Bibeau Selected as ‘Influential Women of Law’ for 2020 Vandeventer Black’s James B. Rixey III Promoted to Partner Attorney Anne Bibeau Elected to the Propeller Club Board of Governors U.S. Coast Guard Veteran and Retired Law Enforcement Officer Joins Vandeventer Black Vandeventer Black Attorneys Recognized as 2020 Top Lawyers of Coastal Virginia Twenty-two Vandeventer Black Attorneys Selected as 2019 Legal Elite Vandeventer Black’s Summer Associate Returns for Employment Vandeventer Black’s James R. Harvey Receives Preeminent Peer Review Rating Vandeventer Black Gears Up for its 2nd Mid-Atlantic Capital Sources Forum in Norfolk Vandeventer Black to Hold 32nd Annual Labor & Employment Law Review and Update Thomas Chappell Named Up & Coming Lawyer for 2019 Vandeventer Black Welcomes Tracy Taylor Hague to their Richmond Legal Team Vandeventer Black Richmond Office Welcomes Saffelle to the Team Vandeventer Black’s Franczek Selected as a “Leader in the Law” for 2019 Six Vandeventer Black LLP lawyers named to the 2020 Best Lawyers® “Lawyer of the Year” list 27 Vandeventer Black LLP lawyers named to 2020 Best Lawyers® list Vandeventer Black’s Palais Honored with the Commonwealth Award by the Independent Insurance Agents of Virginia Dustin T. Narcisse Honored with the Virginia State Bar Young Lawyers’ Conference Significant Service Award Vandeventer Black’s Pierce Receives the President’s Award by the Old Dominion Bar Association Vandeventer Black donates more than $150k to the Foodbank of Southeastern Virginia Vandeventer Black Expands Legal Services in North Carolina Jennifer L. Eaton Joins the Chesapeake Humane Society’s Board of Directors Vandeventer Black LLP Launches New Hemp and Cannabis Law Practice Vandeventer Black LLP Listed as the Largest Maritime Law Firm in Virginia Jennifer L. Eaton Honored as 2019 Taylor Reveley Award Recipient Bibeau and Pierce Elected to the City of Norfolk Grievance Panel Richmond Attorney Named 2019 Virginia Super Lawyers ‘Rising Stars’ Vandeventer Black Attorneys Named 2019 Virginia Super Lawyers ‘Rising Stars’ Michael D. Pierce Joins Board of Directors of St. Mary’s Home for Disabled Children Vandeventer Black Announces its 2019 Executive Board Vandeventer Black Commercial Real Estate attorneys Named ‘Top Lawyers of Coastal Virginia’ Seasoned Bankruptcy and Finance Attorney Jed Donaldson Joins Vandeventer Black Vandeventer Black Expands Legal Network with MSI Global Alliance Partnership Vandeventer Black’s Ashley G. Moss Promoted to Partner Vandeventer Black Attorneys Recognized as Top Lawyers of Coastal Virginia Vandeventer Black Attorneys Recognized as 2018 Legal Elite Vania Ratliff Joins Vandeventer Black LLP Vandeventer Black LLP ranked in 2019 “Best Law Firms” Vandeventer Black’s Pierce selected as Up & Coming Lawyer for 2018 The Mid-Atlantic Capital Sources Forum in Downtown Norfolk Vandeventer Black Attorneys Recognized as 2019 “Lawyers of the Year” Vandeventer Black Attorneys Listed as ‘The Best Lawyers in America’ of 2019 Vandeventer Black Celebrates Anniversary and Receives Proclamation Vandeventer Black Promotes a U.S. Marine Corps Veteran from Within Vandeventer Black’s Pierce Receives SHRBA Lawyer of the Year Award Vandeventer Black Takes Home Six CoVaBiz BOB Awards Vandeventer Black Awarded Best of Coastal Virginia Vandeventer Black Partners Named Women In The Law Anita O. Poston Included in the Virginia Lawyers Hall of Fame Class of 2018 Vandeventer Black Wins Large Firm (Per Capita) Category in 2018 Virginia Legal Food Frenzy Michael Pierce Appointed To The Virginia State Bar Mandatory Continuing Legal Education Board Jennifer L. Eaton Awarded NPBA Walter E. Hoffman Community Service Award Vandeventer Black Named Largest Maritime Law Firm in Virginia Vandeventer Black Richmond Attorneys Among 2018 Virginia Super Lawyers Richmond Attorneys Named Virginia Super Lawyers ‘Rising Stars’ Vandeventer Black Attorneys Named 2018 Virginia Super Lawyers ‘Rising Stars’ Vandeventer Black Attorneys Among 2018 Virginia Super Lawyers Arlene Klinesdinst Elected Chair of VBA’s Labor Relations and Employment Law Section Vandeventer Black’s 2018 Executive Board Elected Vandeventer Black’s Caramore Promoted to Partner Twenty-two Vandeventer Black Attorneys Recognized as Top Lawyers Vandeventer Black Attorneys Recognized as 2017 Legal Elite Vandeventer Black LLP ranked in 2018 “Best Law Firms” Michael Sterling Selected as a Fellow in the Construction Lawyers Society of America Eaton Recognized as Millennial On The Move by CoVaBiz Magazine Sterling to Serve on the Virginia Chamber Legal and Regulatory Reform Institute Advisory Board William E. Franczek Elected to the American College of Construction Lawyers Vandeventer Black Recognized as a Pro Bono Law Firm of the Year Vandeventer Black Commercial Real Estate Attorney Receives Prestigious Peer Rating Anita O. Poston Named a Leader in the Law Vandeventer Black Attorneys Recognized as “Lawyers of the Year” for 2018 27 Vandeventer Black Attorneys Named ‘The Best Lawyers in America’ of 2018 Vandeventer Black Attorneys Recognized in Chambers USA Guide Vandeventer Black’s Michael Pierce Receives SHRBA Member of the Year Award Deborah M. Casey Named to the Executive Board of the Women’s Cabinet of the United Jewish Federation of Tidewater Vandeventer Black Wins First Place of 2017 Legal Food Frenzy Harvey Named President of Norfolk and Portsmouth Bar Association Vandeventer Black moves up to 13th on Virginia’s Largest Law Firms List Mark T. Coberly elected to the Board of Directors of U.S. Maritime Law Association Fortune 100 Company Executive Joins Vandeventer Black LLP Vandeventer Black’s Partner Neil Lowenstein to Serve on DBIA’s Executive Council Ottinger joins Virginia Bar Association Board of Governors Franczek to Serve as President of Builders and Contractors Exchange Michael D. Pierce joins Vandeventer Black’s Norfolk Office Vandeventer Black Announces Elected Executive Board Members VANDEVENTER BLACK ATTORNEYS NAMED VIRGINIA SUPER LAWYERS “RISING STARS” Vandeventer Black Attorneys Recognized as Virginia Super Lawyers Vandeventer Black’s Caramore and Moss Promoted Vandeventer Black LLP Relocates its Richmond Office Twenty-two Vandeventer Black Attorneys 2016 Legal Elite Finalists Vandeventer Black 15th Largest Law Firm in Virginia CoVaBiz Magazine Awards Top Honors To Vandeventer Black LLP Attorneys Vandeventer Black LLP Attorneys have made the Coastal Virginia Magazine Top Lawyers List Four Vandeventer Black Attorneys Named Lawyer of the Year for 2017 Vandeventer Black LLP Partner named College of Commercial Arbitrators Fellow Thomas Chappell Joins Vandeventer Black’s Maritime Law Department 25 Vandeventer Black LLP Attorneys Named Best Lawyers In America 2017 Vandeventer Black LLP Awarded for Support of Virginia Food Bank Vandeventer Black LLP Hires New Chief Information Officer / Assistant Executive Director Vandeventer Black LLP Attorneys Selected as 2016 Super Lawyers Rising Stars Vandeventer Black Secures Another Success Vandeventer Black Attorney Receives Prestigious Peer Rating Richard Ottinger Appointed to Board of Directors of Norfolk Economic Development Authority Nash Bilisoly to Give Opening Speech at Signal Maritime Conference in Seattle on May 24 12 Vandeventer Black LLP Attorneys Selected as 2015 Virginia Super Lawyers Mike Sterling Speaks at Library’s BF Black Plaque Dedication Bill Franczek Selected for Admission into the Fellowship of the College of Comercial Arbitrators Franczek Elected to the Governing Committee of the American Bar Association Forum Vandeventer Black LLP Raises Over $16,000 for United Way of South Hampton Roads Vandeventer Black LLP Announces Election of 2016-2017 Executive Board Two Vandeventer Black Attorneys Selected to Prestigious Virginia Law Foundation Fellows Class Successful Outcome in Business Conspiracy Case Vandeventer Black Names New Partners Vandeventer Black LLP Hires Legal Technology Manager Spencer Guld Joins Richmond’s Vandeventer Black LLP Congratulations to the Vandeventer Black LLP Attorneys Recognized as 2015 Virginia Legal Elite Vandeventer Black LLP Hires Local Attorney and Veteran to Assist with Complex Litigation Jennifer Eaton Joins Norfolk’s Vandeventer Black LLP Office Vandeventer Black Litigators Win Dismissal of Fraud Claim Levied Against Insurer Lowenstein Elected to Represent the 4th Circuit Vandeventer Black LLP to Hold 30th Annual Labor & Employment Law Review and Update 24 Vandeventer Black LLP Attorneys Included in the Best Lawyers in America 2016 17 Vandeventer Black LLP Attorneys Selected as 2014 Legal Elite EDVA Win for Two Vandeventer Black Litigators Vandeventer Black Litigator Receives Prestigious Peer Rating Multinationals in Kristiansand – Mobilizing for the Future Another Vandeventer Black Victory Vandeventer Black Construction Lawyer Included in 2015 Chambers USA Guide Vandeventer Black LLP Achieves Victory for Client at U.S. Court of Appeals for the Fourth Circuit Long Term Nursing Care Malpractice Defense Victory – $2,000,000 Claim Dismissed Vandeventer Black LLP Attorneys Selected as 2015 Super Lawyers Rising Stars 12 Vandeventer Black LLP Attorneys Selected as 2015 Virginia Super Lawyers Four Vandeventer Black Attorneys Receive Prestigious Peer Rating Local HR Professionals Share Perspectives on Workplace Legislation on Capitol Hill Select US Summit in the Washington DC Area Michael Sterling, Managing Partner, Vandeventer Black LLP to Speak at the Knowledge Group’s Payments-Based Public-Private Partnerships (PPP): Public Benefit and Private Capital in 2015 Live Webcast Celebrating The Virginia Chorale’s 30th Anniversary American Arbitration Association Appoints Fanczek to Construction Mega Project Panel American Arbitration Association Appoints Franczek to Construction Mega Project Panel TowneBank Appoints Poston Chairwoman of Norfolk Board of Directors Michael L. Sterling Appointed to Eggleston Services’ Board of Directors Douglas Palais Joins Richmond’s Vandeventer Black Office Managing Partner Chosen as Contributing Author, Inside the Minds: Litigation Strategies for Government Contracts, 2015 ed. Vandeventer Black LLP Lawyer Named 2014 Leader in the Law Vandeventer Black to Hold 29th Annual Labor & Employment Law Review and Update Vandeventer Black Attorneys Handle Case Resulting in Sale of Two Popular Virginia Music Venues Vandeventer Black LLP Announces 23 Lawyers in the Firm to be Included in the 2015 Edition of The Best Lawyers in America Vandeventer Black LLP Announces 23 Lawyers in the Firm to be Included in the 2015 Edition of The Best Lawyers in America Vandeventer Black LLP Awarded for Support of Virginia Food Banks Franczek Named Chair of Government Construction Division by the American Bar Association Ferrell, Harvey, and Powers Selected for Vandeventer Black Executive Board Sterling Named Managing Partner for Vandeventer Black LLP Genzler Named Best Lawyers 2014 Litigation-Construction “Lawyer of the Year” Powers Named Best Lawyers 2014 Admiralty & Maritime Law “Lawyer of the Year” Vandeventer Black Voted Associate of the Year by AGC of Virginia Vandeventer Black’s Brennan Selected as 2014 Top Rated Lawyer in Medical Malpractice Law Vandeventer Black LLP – Part of Winning Team at U.S. Supreme Court Virginia Business Magazine Lists 21 Vandeventer Black Attorneys to Virginia’s Legal Elite for 2013 Vandeventer Black’s Bilisoly Elected Chair of the Norfolk Redevelopment and Housing Authority Board of Commissioners Saunders Joins Law Offices of Vandeventer Black Vandeventer Black Attorney, Herman, Selected for “Leaders in the Law” Program for 2013 The Best Lawyers in America 2014 Lists 23 Vandeventer Black Attorneys Vandeventer Black’s Franczek to Serve on the American Arbitration Association, International Center for Dispute Resolution Super Lawyers Rising Stars 2013 Lists Nine Vandeventer Black Attorneys Super Lawyers 2013 Lists 13 Vandeventer Black Attorneys Robert L. O’Donnell Named the Recipient of the Eggleston/I’Anson Professionalism Award Sterling Selected to Executive Board for Vandeventer Black LLP Vandeventer Black’s Bibeau, Elected President of Hampton Roads Society for Human Resource Management Vandeventer Black LLP Named One of the 2013 Best Places to Work in Virginia for the Third Year in a Row Virginia Business Magazine Lists Vandeventer Black Attorneys to Virginia’s Legal Elite for 2012 Mazzeo Joins Law Offices of Vandeventer Black Vandeventer Black Selected as the 2012 HRUHCA Associate of the Year Rixey Joins Law Offices of Vandeventer Black Poston Named Health Care Law Lawyer of the Year The Best Lawyers in America 2013 Lists 23 Vandeventer Black Attorneys Vandeventer Black Earns the Silver Level Trailblazer Award from the United Way of South Hampton Roads Vandeventer Black Supports Virginia Food Banks Be wary of of increasing claimed IRS Agent phone calls New Legislation Prohibiting Use of Experience Modification Factor For Contractor Eligibility Virginia Supreme Court Confirms Employee Firings on the Spot UPDATE: DOL Announces Final Overtime Rule President Obama Signs Defend Trade Secrets Act GSA Targets Schedule Contract Holders Regarding Countries of Origin for Products GAO Proposing Fee for E-Filing Protests Paid Sick Leave Mandate Proposed by DOL for Contractors Part 2: Paid Sick Leave Mandate Proposed by DOL for Contractors Court Vacates FHWA 90-Percent Threshold and Miscellaneous Products Exemptions Aspects of FHWA Secretary’s 2012 “Buy America” Exceptions Memorandum Federally-Funded Highway Projects Facing Impacts by Federal Cargo Preference Act Changes Cybersecurity Regulations: Implementation Update Per New DOD Interim Rule “Final DRAFT” of VDOT Road and Bridge Specifications Published for Comment OSHA Fine “Catch Up” Provision Included as Part of 2015 Bipartisan Budget Act Final Rule Prohibiting Federal Contractors Retaliating Against Employees and Applicants Who Discuss Wages Issues and Becomes Effective for Contracts Entered Into or Modified On or After January 11, 2016 Provision Agreeing to Not Challenge Arbitration Award Voided by Georgia Court Changes . . . New Overtime Rules Published by Department of Labor HACKED: 5 Things to Know About New DoD Cybersecurity Regulations New Minimum Wage Requirements under FAR 52.222-55 Asking about union affiliation deemed unlawful interrogation by NLRB Insurance Coverage For Subcontractor Non-complaince With Prevailing Wage Laws? – One Court Says There’s At Least a Duty to Defend Virginia “Independent Agencies” Now Covered by Virginia’s Public Procurement Act VB’s Mike Sterling Part of PPP Live Webcast Speaker Team – Thursday, June 18, 2015 @ 12pm – 2pm (ET) Pre-contract Bond, Contract or Mechanic’s Lien Claim Waivers Nearing Statutory Extinction in Virginia Teaming Agreement: Richmond Circuit Court Concludes More than Mere Agreement to Try and Agree Fourth Circuit Clarifies Federal False Claims Standards in January 2015 Majority Decision Thanks to All Veterans! Vandeventer Black Labor & Employment Law Seminar: November 18, 2014, Sheraton Norfolk Waterside Hotel DOL Final Rule Raises Federal Contract Minimum Wage to $10.10 per hour 2014 Carter Gunn Memorial Stressbuster 8K – 27 Nov Federal Contruction Payment Requirements: A Thumbnail Overview New “Fair Pay and Safe Workplace” Mandates Directed By President Obama President Issues Executive Order Banning Sexual Orientation and Gender Identity Discrimintation SBA Issues Final Rule Regarding Affiliation, Calculation of Annual Receipts, Limitations on Subcontracting, and Joint Ventures I’m Liable for What? – Employer Liability for Third Party Harassment Contractual Indemnity Provisions: Certain Provisions in Construction Contracts Void Disclosure of Investigation Documents Granted for Qui Tam Realtor Contractor’s Construction Fraud Implied Employee Bound By Arbitration Agreement in Employment Application Fourth Circuit Upholds Dismissal of EEOC Claims and EEOC’s Obligation to Pay Attorneys Fees Carnell Construction: Major Virginia Procurement Decision Issued by U.S. Fourth Circuit Affecting Claim Recovery Under VPPA GAO Decides Offeror Affiliates Should be Considered in Experience Evaluation President Unilaterally Raises Minimum Wage for Federal Contracts Oh Oh . . . Did I Really Just Waive My Coverage? Fourth Circuit Affirms Dismissal of Suit for Discovery Failings Vandeventer Black’s Lowenstein Teaching Upcoming Public Contracts and Procurement Regulations Seminar New DFAR Clause Added to Safeguard Unclassified Technical Information U.S. Supreme Court Strongly Upholds Contractual Forum Selection Clause Accelerated Payments to Small Business Subcontractors Rule Finalize Locker Room Environment – Lawsuit Waiting to Happen ASBCA Holds That Lack of Contracting Officer’s Decision Does Not Preclude Appeal Challenging Performance Evaluation Potential Criminal Liability for Damage to Undergroud Utilities in Virginia Virginia Administrative Appeals Virginia Mechanic’s lLien: Complexities Revisited Testimony Transcripts: Discoverable or Required to be Bought from the Court Report? The Federal Goverment is Shut Down . . . Now What? New Affirmative Action and Nondiscrimination Obligations Set for March 2014 Contractor’s Misrepresentation Allows Government to Void Maintenance Contract ASBCA Declines to Presume Knowledge by Government Got a spare $472 Million? Fighter Engine Contractor Hit With Major Damages for Fraud Teaming Agreements: Anything more than just an agreement to try and agree? Carnell: VPPA Statutory Cap Sets Ceiling for Change Order Recovery New Guidance Issued by Virginia Regarding Sales and Use Tax Refunds Virginia FOIA: US Supreme Court Holds VA FOIA Can Limit Access to VA Residents Administrative Decision Review Change About to Go Into Effect No Private Cause of Action for Excessive Retainage Withholding, But Subcontractor Does Have Related Contract Claim New Federal I-9 Form Required After May 7, 2013 County Claims: Don’t Forget the Notice of Appeal and Bond Careful what you say: it may be actionable defamation EDVA Dismisses Quantum Meruit Claim as Irreconcilable With Breach of Contract Claim and Also Dismisses Claimed Private Right of Action to Enforce Alleged FAR Violation Forum What Clause? And Why Should I Care? New FAR Provision Requiring Faster Payment to Subcontractors On Horizon Safety Checklist Being Considered by OSHA Advisory Panel for Federal Projects Virginia Supreme Court Adopts Supervisor Liability Cause of Action General Contractor is Necessary Party to Suit on Bond Bonding Off Mechanic’s Lien GAO Sets Notice Standard for Price Realism Evaluations Kickbacks Lead to 87 Months Constructively Debarred Contractor Allowed to Proceed with Claims for De Facto Debarment and Contractual Interference E-Verify Program Extended to September 30, 2015 Adjacent Land Owners Can Proceed with Trespass Claim Against Developer 7th Circuit Bars Payment Bond Claim Based on Paid if Paid Subcontract Vandeventer Black Labor Law Review and Update Seminar set for October 17, 2012 Sale of Condomimiums a Consumer Purchase Under the Virginia Consumer Protection Act Subrogation Waivers: a quick primer Doing Business in the United States: What Everyone Needs to Know Offsite “Subcontractor” Found a Claimant Under Virginia Little Miller Act Bond 2012 Virginia Payment Bond Changes Joint Check / Joint Payment Agreements AMEC Civil: The case that keeps on giving “Best Value” Procurement? – Not for Virginia Public Sealed Bidding Virginia Bid Protests: A quick overview COFC Bid Protect Authority: DOD proposal to make force protestor forum choice Mechanic’s Lien / Payment Bond Reforms Pending in NC COFC held to have exclusive jurisdiction for trade secret misappropriation claim Maintaining and Producing Evidence: It really is that important Am I Really Responsible for That? Subcontractor Not Third Party Beneficiary to Prime Contract Certified Claim Not Necessary to Appeal LD Assessment Mediation: Is if for you? New FAR Rules Confirms No Priority Among Socio-Economic Programs Mechanic’s Lien Law Changes: Updated HB1265: Significant VA Mechanic’s Lien Change Bill Pending Misrepresentation or Good Negotiation: KBR Hit With Multi-Million Dollar Verdict Internet Name Protection: Avoiding branding with the next XXX website Contractor and Surety have to pay twice? Not so fast says Judge Hilton Virginia Little Miller Act Payment Bond Claim Notice Reduced to 90 days New Set Aside Rule for Multiple Award TO/DOs for Small Businesses Acquisitions Savings Reform Act: Coming down the pipe Statutory Employer Defense Found for Subcontractor Notwithstanding Lack of Workers’ Compensation Insurance Federal Prompt Payment Act Doesn’t Give Cause of Action to Subcontractors If you do DOD work, post your posters Equitable Adjustments: Danville Division allows despite disclaimer, but limits recoverable costs Chinese Drywall Excluded from Insurance Coverage Corporate Protection: Henrico Court pierces the veil of contractor CAS Board is Eliminating Overseas Exemption Mediation vs. Arbitration: What’s the difference anyway? You just got sued in Virginia Circuit Court, so now what? Court of Federal Claims Equitable Powers: Yes the CoFC Can! Declaratory relief: Not in the CoFC Alternative Dispute Resolution: Why it’s great Business Decision Voided Insurance Coverage NLRB Proposes Change to Voting GAO Bid Protests: How long do I have to file again? Government Contractor? – Your sophistication may be presumed Federal Project PLAs: House’s Military Construction Bill Doesn’t Preclude Inducing statements: fraud or mere opinion? Qui Tam Plaintiff Awarded $2.2M in Attorneys’ Fees Government Not Required to Certify Claims under CDA Proactive management: staying ahead of the curve Prejudgment interest against a surety: recoverable but from when? Memorial Day: Enjoy but also remember Setoff by Payment Bond Surety Rejected by EDVA Fridge benefit challenges Pay When Paid Clauses: A different twist on use in defense SBJA 2010 Changes: False Claims Act implications Bid Withdrawal Changes Coming This July Careful of that deal, you may be waiving your payment bond claim VDOT Subcontractor Pass-Through Claims: APAC-VA revisited Contract or Tort Claim: The difference goes from clarity to gray Noncompetes: Death by breadth Good contract documents: they make all the difference E-verify Updated Notice: Actual probably isn’t enough Supervision: Grounds for claim of negligence? Sprinkler heads: equipment or building materials? And what’s the difference anyway? Possible bond threshold increase legislation: another consideration E-verify: coming to Virginia? Possible increasing public bond thresholds coming to Virginia WOSB Regulations on the February Horizon Bond Claims: When the last day worked isn’t always the last day for payment bond claims Owner responsibility for constructability, or not? 150-day look back for mechanic’s liens: What’s the big deal? PR: Careful what you tell your PR company; it may come back to haunt you Think those materials are warranted? Maybe not. Virginia Public Bodies Cannot Avoid Delay Damages With Limited Markup Provisions New Crane & Derricks Standard Surety Project Completion: No one size fits all Indemnity and Defense Obligations: Not Necessarily Absolute Payment Bond: It’s not insurance Holiday Cheer: WKRP Old School Sitcom Humor Ordinary Building Materials versus Equipment or Machinery: The Difference is Time No License? – No Pay (Maybe) Delays: Time can, but doesn’t alway, equal money Pay if Paid II – Mechanic’s lien affect Controversial Contract Provisions – No Damages to Delay Controversial Contract Provisions – Pay if paid Industry Forms: Is consensus really an advantage? Is that One Year Warranty Really Just One Year? Complexity of Mechanic’s Lien
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