Author Info for Sands Anderson PC

Faith Alejandro

DEI Takeaways from the 3rd Virginia State Bar Diversity Forum

On April 21, 2023, Sands Anderson attended the Virginia State Bar’s Third Annual Forum on Diversity in the Legal Profession. This well-attended program provided dynamic speakers focused on the topic of diversity, equity, and…more

Chief Diversity Officer (CDOs), Diversity, Diversity and Inclusion Standards (D&I), Law Firm Associates, Law Firm Partners

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Jesse Bausch

Moody’s Revises Rating Criteria for Local Governments

On January 15 of this year, Moody’s announced a revised methodology for its evaluation of local government general obligation credits. Moody’s overall methodology is to evaluate each locality seeking/maintaining a rating over…more

Moody's, Municipalities, Rating Agencies

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Michael Bedsaul

Summer Interns, don’t get burned! What employers need to know about unpaid internships

With summer upon us, so is the season for interns seeking work experience and opportunities to meet educational requirements. But, for employers, unpaid internships can get sandy if they use their interns like employees…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Internships

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Gregory Bergethon

What You Need to Know About the CARES Act Paycheck Protection Program

In these challenging financial times, we know businesses are considering how to handle their payrolls and whether or not to furlough or terminate employees. The federal government has several newly enacted or expanded programs…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

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Andrew Biondi

Unjust Enrichment and Quantum Meruit – Not the Same Thing

On a great many occasions, I’ve seen the two causes of action in the title, Unjust Enrichment and Quantum Meruit, spoken in the same breath, as if they are either one in the same or so closely related that they are…more

Breach of Contract, Business Litigation, Contract Disputes, Contract Terms, Implied Covenants

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N. Reid Broughton

Virginia’s New “Ban the Box” Laws

Since 2019, federal law has prohibited federal agencies and contractors from inquiring into a job applicant’s criminal history until after a conditional offer of employment. There is no federal law prohibiting private employers…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Criminal Records

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Ashley Burgess

Penn Virginia files bankruptcy in Eastern District Virginia, Richmond Division

Citing a profound transformation of the oil and gas industry, Penn Virginia Corporation and its affiliates filed for chapter 11 bankruptcy relief early this morning in the United States Bankruptcy Court for the Eastern District…more

Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Oil & Gas

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Lee Byrd

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of…more

Confidentiality Agreements, Contract Terms, Employees, Employer Liability Issues, Employment Litigation

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Stefan Calos

From Condos Made of Stone-a, to Professional Office Condominiums

If you’re my vintage, you might remember Steve Martin’s catchy 1978 hit tune, “King Tut,” whose protagonist “lived in a condo made of stone-a.” Good luck getting this out of your head…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Condominium Corporation, Condominiums

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David Carroll

Corporate Transparency Act: A Primer

This is a basic primer describing the Corporate Transparency Act (“CTA“) which was enacted into federal law on January 1, 2021 as part of the Anti-Money Laundering Act of 2020 and became effective January 1, 2024. The purpose…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption

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Nicole Cheuk

New Title IX Regulations Cast a Wider Net

On April 19, 2024 the long-awaited Biden-era Title IX Regulations dropped. A theme in the U.S. Department of Education’s 2024 Title IX Final Rule: more protection against discrimination based on sex in federally funded…more

Colleges, Department of Education, Educational Institutions, Gender Identity, Sex Discrimination

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Brian Clarke

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of…more

Confidentiality Agreements, Contract Terms, Employees, Employer Liability Issues, Employment Litigation

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Martin Crim

Sheetz v. County of El Dorado: Chipping Away at Elected Officials’ Power Over Development Costs

The US Supreme Court’s decision in Sheetz v. County of El Dorado earlier this month will affect how local governments impose impact fees in the future and who pays certain development costs…more

Building Permits, Constitutional Challenges, Construction Project, George Sheetz v County of El Dorado, Impact Fees

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C. Michael DeCamps

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Policies, Human Resources Professionals

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Katie DeCoster

Virginia’s New Bad Faith Law: What Insurers Need to Know

On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers…more

Auto Insurance, Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation

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Stephen Durbin

Can Virginia Localities Still “Just Say No”? Regulations Permitted After Marijuana’s Legalization

Starting July 1, 2021, small quantities of marijuana may be legally grown and consumed in Virginia. For those who are 21 years old or older, this includes the ability to consume marijuana upon private property, grow up to four…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Hemp, Hemp Cultivation, Marijuana

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C. Thomas Ebel

Real Estate Contracts in COVID-19: Pay Attention to Your Timelines

The COVID-19 pandemic has injected a new level of uncertainty into the timing of performance under real estate contracts. Inspections or appraisals required during the due diligence period can be hindered by the unavailability…more

Coronavirus/COVID-19, Real Estate Development, Real Estate Market

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Lindsay Bunting Eubanks

New Title IX Regulations Cast a Wider Net

On April 19, 2024 the long-awaited Biden-era Title IX Regulations dropped. A theme in the U.S. Department of Education’s 2024 Title IX Final Rule: more protection against discrimination based on sex in federally funded…more

Colleges, Department of Education, Educational Institutions, Gender Identity, Sex Discrimination

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Jeffrey Hamilton Geiger

Due Process and Attorney Discipline

Attorneys facing court sanctions or bar discipline often express surprise at what is perceived to be an absence of due process when it comes to the process, including complaints regarding lack of notice and the inability to…more

Bankruptcy Court, Discovery, Due Process, Law Firm Associates, Law Firm Partners

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Terrence Graves

Getting Paid as a Subcontractor is Always the Name of the Game

General contractors and subcontractors often rely on precise contract language to guarantee payment for their work. In some cases, they may also resort to using a mechanics lien. However, a lesser-known statute in the Virginia…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Contractors

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Matthew Green

WDVA Holds that Victim and Accused are not “Similarly Situated” in a Title IX Equal Protection Claim

In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded…more

Colleges, Disciplinary Proceedings, Due Process, Educational Institutions, Gender-Based Violence

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Ruth Griggs

COVID-19 and HIPAA

The United States Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has recently issued guidance regarding disclosures of patient health information to law enforcement, first responders, and public…more

Coronavirus/COVID-19, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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David Gundlach

The Corporate Transparency Act: FAQs

The Corporate Transparency Act (“CTA”) is a newly effective federal law that requires certain entities to report their owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”). Below are…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption

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Robyn Hansen

Virginia Mandates Paid Sick Leave for Certain Home Health Workers

On March 30, 2021, Governor Ralph Northam signed into law Paid Sick Leave solely for the benefit of a limited class of home health workers. This legislation will go into effect on July 1, 2021. Home health workers entitled to…more

Coronavirus/COVID-19, Employment Policies, Healthcare, Human Resources Professionals, Paid Leave

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David Hearn

Given the Expansion of the Virginia Court of Appeals, It Is Time to Re-think the Composition of Your Trial Team

Virginia appellate jurisdiction experienced a seismic transformation beginning on January 1, 2022. As of this date, the jurisdiction of the Virginia Court of Appeals has drastically expanded to include an appeal of right for…more

Appellate Courts, Appellate Jurisdiction, Appellate Rules, Law Firm Associates, Law Firm Partners

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Eric Howlett

Lord & Taylor Seeks Bankruptcy Protection in Richmond, Virginia

Earlier this week, clothing retailer Lord & Taylor and fashion rental subscription service Le Tote filed for Chapter 11 bankruptcy protection in the Richmond Division of the United States Bankruptcy Court for the Eastern…more

Bankruptcy Plans, Chapter 11, Lord & Taylor

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Jamie Heisler Ibrahim

Title IX Alert: U.S. Department of Education Releases Highly Anticipated Revisions to Title IX Regulations

On Friday, April 19, 2024, the U.S. Department of Education released its final rule amending the implementing regulations for Title IX of the Education Amendments of 1972 (Title IX). The new regulations mandate an overhaul of…more

Colleges, Department of Education, Educational Institutions, Sex Discrimination, Sexual Harassment

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Chris Jones

Ransomware Increasingly Targets Medical Providers

Ransomware continues to make headlines in the data security world, and with good reason. A report issued earlier this year by the Director of National Intelligence highlighted the continued surge in ransomware attacks in the…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Karissa Kaseorg

Virginia Court of Appeals: From Inception to Expansion

In Article VI of the Constitution of Virginia, the judicial power of the Commonwealth is vested in the Virginia Supreme Court and in “other courts of original or appellate jurisdiction subordinate to the Supreme Court as the…more

Appeals, Appellate Courts, Appellate Rules, Law Firm Associates, Law Firm Partners

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Bradford King

2018 Virginia Employment Law Pocket Guide

The guide, written by Sands Anderson’s Employment Law Team and edited by attorney C. Michael DeCamps, provides summaries of key Virginia employment statutes and principles of employment law. The summaries are not intended to be…more

At-Will Employment, COBRA, Court Appearances, Criminal Background Checks, Employer Liability Issues

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Chris Mackenzie

What is Boilerplate Anyway?

It was important, and still is. If you’ve heard it once, you’ve heard it a thousand times – the general terms at the end of an agreement being referred to as “boilerplate” provisions, a phrase that misleadingly suggests that…more

Boilerplate Language, Contract Disputes, Contract Drafting, Contract Negotiations, Contract Terms

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Laura Maughan

Yes, Virginia, You Can Use Electronic Signatures on Pleadings

It’s Christmas come early in Virginia this year. As of July 1, 2024, attorneys in Virginia can officially (and permanently!) use electronic signatures to sign pleadings in Virginia’s state courts. It only took twenty-plus years…more

Digital Signature Standards, E-Signatures, Electronic Notarization Standard, Notarization, Pleadings

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Andrew McRoberts

Time for Localities to Enter the Era of Airbnb

It is a new world in local government land use… following the recent state legislation allowing registries to be established, localities are wise to adopt regulations on Airbnb and VRBO and similar short stay uses…more

AirBnB, Land Use Restrictions, Local Ordinance, Municipalities, Vacation Rentals

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Nathan Mortier

How Many Stars? A Guide for Healthcare Providers in Responding to Negative Online Reviews

‘Tis the season for holiday shopping—including scrolling through online product reviews. Just like reviews for that perfect new grill or an inflatable T-rex costume, online reviews are readily available for healthcare providers,…more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Breach, Hospitals

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Elizabeth Muldowney

Rescission of Revisions to the Vaccine Injury Table

On July 20, 2020, the Department of Health and Human Services published a Notice of Proposed Rulemaking proposing to amend the Vaccine Injury Table by removing Shoulder Injury Related to Vaccine Administration (“SIRVA”),…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Health Care Providers

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Brian Muse

DOL Finalizes Rule Increasing Salary Requirements for Overtime Exempt Employees

The U.S. Department of Labor announced its anticipated Final Rule increasing the salary threshold level needed for employees to be exempt from overtime requirements under the Fair Labor Standards Act…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Jennifer Muse

Much-Anticipated Nationwide Mandate for COVID-19 Vaccines Arrives

This morning, President Biden’s administration announced the details of the nationwide COVID-19 vaccine mandate he promised in early September. Under this new regulation, large employers (defined to have 100 or more…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employment Policies

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Klementina Pavlova

Intelsat S.A. Files Bankruptcy in Richmond, Virginia

Late last night, Intelsat S.A. and its affiliates filed for Chapter 11 bankruptcy protection in the Richmond Division of the United States Bankruptcy Court for the Eastern District of Virginia (Case No. 20-32299-KLP). Attorneys…more

Chapter 11, Creditors, Debtors

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Brian Pitney

Passing The Buck to Consumers: Insurance Update

Sands Anderson’s Brian Pitney recently interviewed independent insurance agent Chris Hall, owner of The Halls of Insurance about recent changes in the insurance industry. They discussed increases in insurance premiums,…more

Commercial Insurance Policies, Commercial Property Owners, Insurance Claims, Insurance Industry, Insurance Litigation

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Ramon Rodriguez, III, MD

COVID-19: Vaccine Injury Compensation Status

On May 5, 2023, the World Health Organization declared an end to the global health emergency caused by the SARS-CoV-2 virus, known as COVID-19. While the emergency has, in many ways, waned, the virus and the need for COVID-19…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health and Safety, Infectious Diseases

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Joshua Rogers

The FTC Rule Banning Noncompetes is (Probably) Dead: 7 Questions Employers are Asking

Many employers breathed a sigh of relief last week after a federal judge in Texas struck down the Federal Trade Commission’s ban on noncompete agreements…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

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Aaisha Sanaullah

Ramadan Mubarak: What Your Muslim Employees Want You to Know

Ramadan, the ninth month in the Islamic lunar calendar, is upon us and almost two billion Muslims (roughly 25% of the world’s population) are enjoying a month of fasting and spiritual reflection. Ramadan is the most sacred month…more

Diversity, Diversity and Inclusion Standards (D&I), Employee Retention, Employer Liability Issues, Human Resources Professionals

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Cullen Seltzer

Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se…more

Appeals, Appellate Courts, Judicial Proceedings, Law Firm Partners, Pro Se Litigants

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Bobby Turnage, Jr.

Risk Assessments in Healthcare: Where Legal Requirements Also Make Good Business Sense!

While some of the legal requirements on your organization can seem overly burdensome, there are times when legal requirements also align nicely with what makes good business sense. Risk assessments in the healthcare industry are…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Care Providers

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Danielle Wang

Keep Calm and Disclose On: Ten Things You Need to Know About the Virginia Resale Disclosure Act

On March 23, 2023, the General Assembly of Virginia amended the Property Owners’ Association Act, Condominium Act, Real Estate Cooperative Act, and Horizontal Property Act in the name of standardization, such changes to be…more

Community Associations, Condominium Associations, Condominiums, Disclosure, Homeowners Association (HOA)

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Elizabeth White

DEI Takeaways from the 3rd Virginia State Bar Diversity Forum

On April 21, 2023, Sands Anderson attended the Virginia State Bar’s Third Annual Forum on Diversity in the Legal Profession. This well-attended program provided dynamic speakers focused on the topic of diversity, equity, and…more

Chief Diversity Officer (CDOs), Diversity, Diversity and Inclusion Standards (D&I), Law Firm Associates, Law Firm Partners

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Doug Winegardner

SCOVA Refuses to Incorporate Prior Discovery Rulings from Previous Non-suited Action

In Temple v. Mary Washington Hospital, Inc., et al., Record No. 131754 (Sept. 12, 2014), the Supreme Court of Virginia opined on an obscure, yet significant, issue related to the common practice of incorporating discovery by…more

Discovery, Hospitals, Trial Court Orders, Wrongful Death

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Adam Winston

Public-Camping Ordinances Survive SCOTUS Challenge, Providing Certainty to Local Governments Policing Illegal Camping

Public-camping ordinances across Virginia and the United States dodged a constitutional bullet that would have prohibited criminal penalties for violations those laws if the defendant did not have adequate access to shelter. …more

Constitutional Challenges, Cruel & Unusual Punishment, Eighth Amendment, Homeless Discrimination, Homeless Issues

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Jeremiah Yourth

Virginia Real Estate Law Updates for 2024

Effective July 1, 2024, Virginia has implemented several significant changes to its real estate laws. In this year’s installment, tenants get a whole lot of protections (kind of), HOAs are put on a tighter leash, and brokers…more

Condominiums, Homeowners Association (HOA), Landlords, Property Owners, Real Estate Brokers

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