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Articles

Your Responsibility for Worker’s Compensation May Extend Further Than You Think

09/27/2018 by Andrew P. Selman

Workers’ compensation obligations may extend to cover individuals beyond those you consider to be your traditional employees. While this article considers such obligations under the Virginia Workers’ Compensation Act (VWCA), the consideration may be applicable in other states as well. Consult with an attorney licensed in your state to discuss the issue. One of the… Read more »

General Contractors: Important Licensing Considerations

09/26/2018 by Ashley G. Moss

Businesses must become licensed before acting in a contractor’s capacity.  The ability to issue licenses serves an important function of protecting public safety by ensuring that contractors meet established minimum competency requirements.  When applying for licensure, important considerations include (a) where the work will be performed, (b) the type of work the contractor plans to… Read more »

Contractor Safety Continues to Improve, but Trends Continue

09/24/2018 by Neil S. Lowenstein

Various aspects of construction are inherently unsafe. The Federal Occupational Safety and Health Administration (OSHA) therefore continues to maintain focus on the construction industry in an ongoing effort to alleviate workplace incidents. Part of that efforts includes inspection and citation for workplace safety violations. For fiscal year 2017 (October 1, 2016 through September 30, 2017),… Read more »

Five Steps to Greater Cybersecurity Health for Community Associations

Media reports concerning cyber attacks continue to increase.  Over the past few years, some of the largest and well-known companies have been affected by data breaches. These companies have experienced millions of dollars in losses as a result.  Even a small data breach impacting only a few thousand records can expose a business to significant… Read more »

2018 Legislative Changes That Affect Community Associations

08/14/2018 by Deborah M. Casey

Each year an increasing number of bills affecting community associations are introduced in the Virginia General Assembly.  2018 may have been one for the record books. CAI’s Virginia Legislative Action Committee (VALAC) reviewed more than 100 bills that directly or indirectly affect Virginia community associations. Fortunately, there are only a few that passed.  The bills that… Read more »

Umbrella of Immunity for Arbitrators: Where Virginia is Now and Where It Needs to Be.

08/13/2018 by Authored by Law Clerk Brent Bickings, with assistance of Attorney Jean Stallard

In 1985, on an ordinary day at the University of South Carolina School of Law, Professor Dennis R. Nolan, a member of the National Academy of Arbitrators, noticed a young man standing outside of his office door.  The stranger approached him and asked whether he was indeed Professor Nolan.  Upon responding in the affirmative, the… Read more »

Expert Witnesses in Virginia

08/13/2018 by Authored by Law Clerk Emma Greger, with assistance of Attorney James W. Walker

Use of expert witnesses in both the preparation and trial phases of civil litigation is nearly unavoidable.  An internet search will yield “experts” ready to testify as to the minutiae of pretty much any topic imaginable:  brain surgery, night club security, or even fish farming. Before hiring an expert, a savvy litigant considers both whether… Read more »

Beware Of Usury Laws When Receiving A Loan As A Business

08/10/2018 by Authored by Law Clerk Junior J.S. Ndlovu*, with assistance of Attorney Christopher Ambrosio

*Junior Ndlovu is a summer extern with Vandeventer Black. He is a second-year law student at the Washington & Lee School of Law. “‘Usury’ is generally defined as a premium or compensation paid or stipulated to be paid for the use of money borrowed at a greater rate of interest than is allowed by law.”i… Read more »

Federal Law Considerations For Data Custodians Operating Within Ftca § 5

08/10/2018 by Authored by Law Clerk Daniel Salmon, with assistance of Attorney Jonathan Gallo

The last article discussed the consent orders that typically result from Federal Trade Commission Act (“FTCA”) § 5 enforcement actions. This article, the final in a four-article series on data custodianship, discusses some sector-specific laws and provides links for further research.  While these laws are more industry-specific than FTCA § 5, these laws provide the… Read more »

Ftc Consent Orders Pursuant To Ftca § 5

08/10/2018 by Authored by Law Clerk Daniel Salmon, with assistance of Attorney Jonathan Gallo

In the last article, we discussed FTCA § 5 enforcement actions. This article describes the consent orders that often result from FTC complaints alleging unfair or deceptive practices or other unlawful acts in the realm of privacy and data protection.  While consent orders do not require an admission of guilt, they generally prohibit the conduct… Read more »