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Faith Alejandro

Virginia Employment Laws: What Governor Youngkin Just Vetoed and Why It Matters

As the Virginia General Assembly reconvenes next week, employers and employees alike should take note of the recent employment-related legislation that was vetoed, substituted, or approved by Governor Glenn Youngkin. While a few…more

Collective Bargaining, Employee Benefits, Employee Rights, Governor Vetoes, Minimum Wage

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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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Zachary Berry

What to Know About Letters of Intent in Real Estate and Business Deals

Thinking about selling your business or a piece of real estate? You’ll likely need to start with a Letter of Intent (LOI), so it is important to know the basics before you dive in…more

Acquisitions, Commercial Real Estate Market, Contract Drafting, Contract Negotiations, Contract Terms

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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

You Need Standing to Keep a Building Standing

Virginia has long been a leader in historic preservation. But historic structures are still lost, even in the commonwealth. A building dating to the 1790s was recently demolished in the city of Richmond. Despite its age and…more

Historic Preservation, Historical Landmarks, Historical Rehabilitation, Land Developers, Real Estate Development

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David Carroll

Enforcement of the CTA Under a Nationwide Preliminary Injunction – Enforcement of Reporting Deadlines Put on Hold

In a significant development, the U.S. District Court for the Eastern District of Texas has issued a preliminary injunction halting enforcement of the Corporate Transparency Act (CTA). This decision not only delays the CTA’s…more

Beneficial Owner, Business Entities, Constitutional Challenges, Corporate Transparency Act, Preliminary Injunctions

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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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William Daisley III

New HIPAA Reproductive Health Rule Requires Compliance by December 23, 2024

A new HIPAA rule that goes into effect on December 23, 2024 requires each healthcare provider (and other HIPAA covered entities and business associates) to implement new workflows, policies, and procedures in responding to…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Equal Protection, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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C. Michael DeCamps

Upcoming Supreme Court Case to settle FLSA Burden of Proof for Parties

Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden a…more

Burden of Proof, Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Employment Policies

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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

The Future of Fines under the Clery Act Post SEC v. Jarkesy

This spring, the U.S. Department of Education imposed a staggering $14 million fine against Liberty University, a private university in Lynchburg, Virginia. The DOE fined Liberty for violating the federal Clery Act which…more

Clery Act, Colleges, Department of Education, Educational Institutions, Gender-Based Violence

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Jeffrey Hamilton Geiger

May Attorneys Ethically Seek Guidance from Online Forums? Yes, But…

An attorney belongs to a specialty bar organization in which members routinely post questions, comments and tips on an online forum or through an automated email management system. The attorney seeks to post a request for advice…more

American Bar Association (ABA), Confidentiality Policies, Law Firm Associates, Law Firm Partners, Law Practice Management

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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

Executive Order Ends Affirmative Action Plans

On January, 21, 2025, President Donald Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” As a result of this Executive Order, government contractors are no longer…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I)

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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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Jon Hollis

Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions

When a contractor breaks ground on a construction project, unexpected conditions beneath the surface can be an expensive surprise. Unanticipated water, rock, or differing soil types can throw budgets and timelines into disarray…more

Construction Contracts, Construction Disputes, Contract Disputes, Contract Terms, Risk Management

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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

New HIPAA Reproductive Health Rule Requires Compliance by December 23, 2024

A new HIPAA rule that goes into effect on December 23, 2024 requires each healthcare provider (and other HIPAA covered entities and business associates) to implement new workflows, policies, and procedures in responding to…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Equal Protection, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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Elizabeth Muldowney

Vaccination Injury is a Matter of Time

If you believe you were injured by any of the 16 vaccines covered under the National Vaccine Injury Compensation Program you must have symptoms of the claimed injury lasting at least six months to be able to file a claim for…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Pharmaceutical Industry, Prescription Drugs

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Brian Muse

The Supreme Court Holds That Employers Need Not Prove Wage & Hour Exemptions Under a Heightened Standard of Proof

In E.M.D. Sales, Inc. v. Carrera, the Supreme Court decided the burden of proof an employer must meet to prove that an employee is exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act. The Court…more

Appeals, Department of Labor (DOL), Employees, Employment Litigation, Exempt-Employees

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Jennifer Muse

Executive Order Ends Affirmative Action Plans

On January, 21, 2025, President Donald Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” As a result of this Executive Order, government contractors are no longer…more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I)

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Whitney Nelson-Crawford

FOIA and Discovery in Employment Litigation: What Happens in Closed Session Does Not Necessarily Stay in Closed Session

Pursuant to FOIA, a public body may hold a closed meeting for, among other purposes discussion about personnel matters related to specific employees. See Va. Code § 2.2-3711(A)(1). The minutes of a closed meeting, if any are…more

Discovery, Employee Rights, Employment Litigation, FOIA, Government Agencies

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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

Private Real Estate Syndications: A Q&A with Kinloch Capital's Peter Walls

Sands Anderson’s Brian Pitney recently interviewed Founding Parter and Chief Investment Officer Peter Walls of Kinloch Capital about private real estate syndications. They discussed how Kinloch Capital identifies commercial real…more

Investment Funds, Investors, Private Equity, Private Funds, Property Tax

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Ramon Rodriguez, III, MD

Vaccination Injury is a Matter of Time

If you believe you were injured by any of the 16 vaccines covered under the National Vaccine Injury Compensation Program you must have symptoms of the claimed injury lasting at least six months to be able to file a claim for…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Pharmaceutical Industry, Prescription Drugs

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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

Legislation in Virginia General Assembly May Affect Appeals

Senate Bill 999 has passed the Senate and been reported out of the Civil Subcommittee from the House Courts of Justice Committee. The bill, if passed by the House and signed by the Governor, would have two important consequences…more

Appeals, Appellate Courts, Bonds, Federal Rules of Appellate Procedure, Litigation Fees & Costs

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A. Moshe Sherman

Don’t Let the Document "Speak for Itself": Lessons from Lorenz v. Parker

Before the Super Bowl, there are preseason drills; before the masterpiece, there are endless sketches. And before the trial, there is discovery. It is in these detailed, often overlooked moments that cases are won or lost. The…more

Data Collection, Discovery, Discovery Disputes, Document Management, Document Productions

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Bobby Turnage, Jr.

Who’s Responsible When a Third-Party Vendor Is Compromised?

Recently, we had the opportunity to advise some clients who worked with a third-party vendor that maintained custody of personal information pertaining to our clients’ respective end users. The vendor suffered a data breach in…more

Breach Notification Rule, Contract Terms, Data Breach, Data Privacy, Data Protection

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Robin Walker

Top 6 Considerations for Landlords Navigating a Purchase or Right of First Refusal Option in Commercial Leases

When it comes to commercial leases, offering a tenant the chance to purchase the property or exercise a right of first refusal can be an appealing way to sweeten a deal. However, these options come with layers of complexity that…more

Commercial Leases, Contract Negotiations, Landlords, Leases, Property Owners

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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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