The Library

On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (“GINA”) into law. The law prohibits discrimination by employers and insurers based on genetic information. This article touches upon some of the key provisions of GINA. GINA expands Title VII by prohibiting employers from discriminating against employees or applicants on the basis of genetic information. “Genetic information” is defined broadly to include information about that individual’s genetic tests, the genetic tests of the individual’s family members, and the manifestation of a disease or disorder in the individual’s family members. The term “family member” is also broadly defined to […]

This article appeared in the Blue Ridge Business Journal on November 5, 2007. A formatted PDF is available under the Additional Reading section. Since 1994, the Social Security Administration (“SSA”) has been sending “no match” letters to employers when an employee’s name or Social Security Number does not match SSA records. The purpose of these letters is to ensure that employees receive proper credit for earnings. Mismatched records are a growing problem for the SSA. The agency currently has more than 255 million mismatched records, and this number increases at a rate of 8 to 11 million per year. There are […]

This article appeared in the Blue Ridge Business Journal on November 5, 2007. A formatted PDF is available under the Additional Reading section. In recent years, we have begun to realize the importance of saving older buildings in our region which can be historically significant bridges to our community’s past. Not only do these buildings add character and diversity to our surroundings, they provide significant tangible and intangible benefits to building owners, developers and our community. Recognizing the positive impact revitalization can have on communities, the federal government and Virginia have implemented programs to encourage rehabilitation and preservation of historic […]

This article appeared in the Blue Ridge Business Journal on October 8, 2007. A formatted PDF is available under the Additional Reading section. In 2005, Congress dramatically changed the landscape of deferred compensation arrangements. In the wake of this new legislation, the IRS and Treasury Department issued volumes of regulations mandating how such arrangements must be structured. These regulations were scheduled to go into effect on January 1, 2007. However, on September 10, 2007, good news was announced – we now have one more full year to get deferred compensation documents into compliance. This does not mean that we are off […]

This article appeared in the Blue Ridge Business Journal on February 11, 2008. A formatted PDF is available by under the Additional Reading section. Q: Who makes health care decisions for me should I become incapacitated? A: In the absence of an advance medical directive made by a patient, a physician may provide or withhold treatment upon the authorization of a court-appointed guardian or committee. If there is no such court-appointed guardian or committee, then family members in descending order of relationship to the patient may authorize treatment. The order of relationship is as follows: spouse, adult child, parent, then […]

This article appeared in the Blue Ridge Business Journal on January 28, 2008. A formatted PDF is available under the Additional Reading section. Q: Are all construction contractors doing business in Virginia required to be licensed? A: Whether you are a construction contractor or the owner of a construction project, this is a question of frequent interest. Knowing the answer will help any party involved in a construction contract to avoid the pitfalls of unlicensed contractors. Virginia law requires that all persons or entities providing contracting services valued more than $1,000 be licensed with the Department of Professional and Occupational […]

The full article is available in pre-formatted PDF format under the Additional Reading section. Published in the Richmond Law Review, November, 2007. Introduction This article looks back on important Virginia labor and employment law developments during the past year, including significant case law and legislation. Contract issues continued to dominate state-law employment litigation in Virginia, especially disputes regarding the enforceability of restrictive covenants. Section II of this article is devoted to some of the more significant employment contract cases considered by Virginia state and federal courts this past year. Section III discusses recent Virginia cases in which courts have considered […]

This article appeared in the Blue Ridge Business Journal on December 3, 2007. A formatted PDF is available under the Additional Reading section. Economic Incentives for Sustainable Real Estate and Development Practices Federal, state, and local governments are responding at an ever-increasing rate to our country’s growing concern for our impact on the environment. Many incentives and programs provide businesses and individual landowners the ability to make environmentally conscious land use and development decisions without sacrificing profitability. Conservation easements allow landowners to realize significant tax benefits while preserving and protecting the agricultural, scenic, or natural resources of their land from […]

This article appeared in the Blue Ridge Business Journal on September 10, 2007. A formatted PDF is available under the Additional Reading section. Q: I am considering leasing commercial space. The landlord has given me his standard “form” lease. How do I know whether the terms are reasonable? A: First of all, there is no such thing as a generic “form” lease. I will touch on a few of the more common provisions commercial tenants should consider negotiating in order to protect their interests. Right to Cure (Correct) a Default. “Failure to pay rent within 10 days after the due […]