Blog: Opinions & Observations
Virginia’s New Series LLC – Uses, Benefits and Drawbacks
September 11, 2020
As of July 1, 2020, the “Series Limited Liability Company,” became the newest addition to Virginia’s legal entity landscape. Set forth in a new Article 16 of Virginia’s Limited Liability Company Act, Virginia’s act is modelled on the Uniform Protected Series Act and brings a relatively new business structure to Virginia. Essentially a variant of a traditional limited liability company, a Series limited liability Company (“Series LLC”) attempts to provide the benefits of a...
Read MorePerfecting and Successfully Enforcing a Mechanic’s Lien and Dealing with a Lender’s Priority
August 14, 2020
It goes without saying that any mechanic’s lien must be timely filed and must meet all the statutory requirements under the applicable lien statute, not only if the lien claimant expects to enforce its lien, but also if a lien claimant expects to have its mechanic’s lien enforced ahead of the lender’s lien, perfect the lien in accordance with the local statute, and meet any deadline and other requirements for instituting and successfully prosecuting an action to enforce the...
Read MoreJuly 13, 2020
An Employer's Application for Hearing allows an employer to suspend or terminate workers’ compensation benefits of an injured employee who is under an open indemnity award. There are certain instances when an employer can request that workers’ compensation benefits be stopped. An employer may choose to file an Employer’s Application for Hearing and request that the injured worker’s compensation benefits be terminated if: the worker refuses vocational rehabilitation...
Read MoreNew Virginia Employment Laws Effective July 1, 2020
June 30, 2020
Virginia has traditionally been viewed as an employer-friendly state. Part of that reputation arises from the fact that it had relatively few wage payment regulations and that state courts were closed to most employment-related claims. Instead, employees had to bring their discrimination claims in federal court, where there were statutory caps to damages, and they had to rely on the Department of Labor and Industry to pursue any wage payment claims. Not any longer. This...
Read MoreNew Laws in Virginia Effective July 1, 2020 and Noteworthy Actions by the Virginia Legislature
June 29, 2020
Many of the new laws passed in the 2020 legislative session reflect concerns that dominated the news last year, such as legalizing marijuana, mass shootings and gun control. The 2021 session will, no doubt, have bills introduced reflecting current concerns raised by the Black Lives Matter movement and COVID-19. Decriminalization of Marijuana Penalties for offenses involving personal possession of up to one ounce of marijuana are now a civil violation and no longer a...
Read MoreSeparation and Divorce During COVID-19: Steps to Take During Lockdown
May 05, 2020
Despite being told that “this is the new normal”, there is nothing normal about the current coronavirus pandemic shutdowns and the related experiences people are enduring throughout Virginia, and the world. Many families are hunkered down in a home where parents are trying to assume new roles that may include classroom teacher, child entertainer, and in some cases, a full-time spouse. Every family has its own dynamic which develops into their “normal” lives. Some function...
Read MoreNew Unemployment Benefits Under the CARES Act
April 24, 2020
The recently enacted Coronavirus Aid, Relief and Economic Security Act, known as the CARES Act, includes three new federally-funded programs to provide additional unemployment compensation for workers. While the federal government is providing the funding, the programs will be administered by the states as part of their unemployment insurance systems. What follows is a brief summary of each program. PANDEMIC UNEMPLOYMENT ASSISTANCE The CARES Act creates the Pandemic...
Read MoreApril 24, 2020
UPDATED 4/27/20 - Virginia Governor signed the legislation. Our Community Association Practice Group has been fielding many questions from concerned Boards of Directors regarding their ability to conduct association business during the current COVID-19 pandemic. Currently, the Virginia Property Owners’ Association Act and the Virginia Condominium Act, require at least two directors to be physically present at a board meeting in order for the rest of the board to attend...
Read MoreBrown Water Seamen and the Stowaway Virus: Coronavirus Precautions
April 23, 2020
When one thinks of the seamen of old or of modern times, images of sailing across the deep, blue ocean between continents on wooden sailing ships or, perhaps, making long voyages on ultra-large container vessels comes to mind. These “blue water” seamen, however, constitute only a small fraction of the crews that work onboard the vessels that make our economy run. Most vessels ply the waters closer to home, including tug boats, tow boats, pilot boats, derrick barges,...
Read MoreEvaluating Recent Legislative Efforts to Reform Oyster Leasing in Virginia
April 23, 2020
In January of 2016, the Virginia Marine Resources Commission, concerned about reports of conflicts in the Lynnhaven River system between oyster farmers harvesting from leased grounds and upland property owners, boaters, and other users and about proposed legislation that would have instituted a moratorium on new leases within that river system, formed a working group to review the matter and make recommendations about how to address the conflicts. Very quickly, it became...
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