Level up on how different Virginia laws affect your business, and learn how we are continually improving our general counsel services to meet our clients’ needs

Ask General Counsel: Employer’s mandatory COVID-19 vaccination policy upheld

Employer’s mandatory COVID-19 vaccination policy upheld
Image by: Paul Lara / InsideNoVa Published by Ask General Counsel on InsideNova, 7/13/2021 In an April edition of Ask General Counsel, we asked:  Can Employers Require Employees to Receive COVID-19 Vaccinations? Our answer was “Yes, with some exceptions and if the mandatory vaccine policy is job-related and consistent with business necessity.” This opinion was supported
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Corporate Issues in Divorce – Avoiding Divorce Issues Among Equity holders

Post Covid-19 Company Meeting
The best way to ensure smooth corporate operations is to anticipate risk and events at the outset of an enterprise. Unfortunately, the same positive energy that can help launch a great business can also interfere with people’s willingness to discuss negative future events, even if it is in the best interests of the business to
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Advice from Divorce Attorney – How to Protect Your Business During a Divorce

Negotiating Business Ownership in Divorce
Photo by Tima Miroshnichenko from Pexels Couples typically do not enter into marriage thinking about divorce, but, unfortunately, not planning for the possibility can oftentimes have serious consequences. Divorces can be difficult, and even more complex when business assets are at stake. For many business owners, the business itself is the individual’s most valuable asset. Business owners
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Paycheck Protection Program Round 2: Business Eligibility

Payroll Protection Program Round 2 Eligibility Requirements
Congress recently passed a $900 billion COVID-19 relief bill, the Consolidated Appropriations Act, 2021, which included funds for another round of the Paycheck Protection Program (PPP). The new round of PPP is similar to the first round, but the bill includes some important differences. These new PPP loans will be available through March 31, 2021.
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6 Reasons Business Owners should NOT serve as the Registered Agent for their Business.

Businesses in Virginia are required to have a registered office and registered agent.  Many business owners serve as the registered agent and use their home as the registered office.  That may be a bad idea.  You should consider using General Counsel, P.C.    Here are Six Reasons Why     #1. Safety The registered office is
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Business Break-Ups Can Be Complicated – Valuation of Corporate Shares

Business Break-Ups or Business Divorces occur when business owners can no longer agree on operations or future of a company.  As we wrote in this article, What Should I Consider During a Business Divorce, messy (and expensive) business break-ups can be minimized or avoided by careful planning. In a recent case, the plaintiff shareholder filed
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Top Five Reasons Virginia Employers Need to Review/Update Their Restrictive Covenant Agreements

Recent changes in employment law and changes to the economy and workplace in general, due to the coronavirus pandemic, may require some employers to update their employment agreements and restricted covenant agreements. Discussed below are the top five reasons employers may wish to review and update their restrictive covenant agreements. #1. No longer applicable to
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Leesburg Man Arrested for $2.5M CARES Act Loan Fraud

Leesburg man arrested for $2.5M CARES Act Loan Fraud
In an October 20, 2020 Press Release, the Department of Justice announced that Didier Kindambu, was arrested on charges of fraudulently obtaining over $2.5 million in loans through the CARES Act Paycheck Protection Program (PPP) for his businesses Papillon Air, Inc. and Papillon Holdings.  It is alleged that Kindambu created fraudulent payroll documentation and submitted
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How Can You Comply with Virginia’s MANDATORY COVID-19 Emergency Temporary Standard?

Learn How in This Webinar! Recorded Sep 15, 2020 at 12:30 PM EDT. This Webinar provided an overview of the Virginia Emergency Temporary Standard and discuss the Virginia Emergency Standard Forms Generator (VES Forms Generator) (www.covidcomplianceplans.com), to help Employers easily and inexpensively create the tools to comply with the Emergency Temporary Standard.
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Acclaim Technical Services, LLC Acquires Global Consulting Services, Inc.

Congratulations to General Counsel, P.C. client Global Consulting Services, Inc. (GCS) on its acquisition by Acclaim Technical Services, LLC. We were pleased to help with legal services through this transaction. Acclaim Technical Services, LLC (ATS)announced Sept. 1 it has acquired Global Consulting Services, Inc. (GCS), a Rockville, MD-based company with approximately 30 employees, to meaningfully differentiate and
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Should Your Business Consider A Business Interruption Lawsuit Against Your Insurance Company

Closed Store
A recent decision in the Western District of Missouri may have set the stage for “business interruption” coverage for businesses for losses resulting from COVID-19. Business interruption insurance replaces lost income when a business has to temporarily close. The policies generally apply when there’s “direct physical loss or damage.” “Direct physical loss or damage” typically
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Maintaining Confidentiality During Workplace Investigations

Workplace Investigation
In a recent case, the Western District of Virginia found that emails between defendants were not entitled to the work product privilege and were instead discoverable. The court held that for the work product privilege to apply, the subject materials “must be part of the process of seeking, developing, or conveying legal advice or strategy”
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What to Consider Before Implementing a Mandatory Arbitration Agreement for Your Business

Writing Contracting Dispute Language
Arbitration is a form of alternative dispute resolution, aimed at resolving disputes outside of the traditional court system. You can find more information about arbitration, and alternative dispute resolution generally, here. In context of employment agreements, mandatory arbitration requires employees to utilize arbitration instead of the public court system and these agreements are typically entered
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A Special 4th of July Message from Lewis Rhodes, LtCol USMCR, GCPC GovCon Practice

Lewis Rhodes, Attorney, Marine Veteran
Dear Friends and Colleagues:  As we head into the Fourth of July Holiday, I wanted to take a moment to reflect on this 245th Birthday of this great Nation.  We have never been perfect, but we have always aspired to be. That is what truly makes the United States so special. We are founded on
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Business Attorney Matthew Brennan Joins General Counsel, P.C.

Matthew Brennan, Business Attorney
NEWS RELEASE Contact:  Merritt Green (mgreen@gcpc.com)  FOR IMMEDIATE RELEASE         Matthew Brennan (mbrennan@gcpc.com)  June 23, 2020     Telephone:  703-556-0411 McLean, Virginia:  General Counsel, P.C. is honored to have Mr. Matthew Brennan join the firm.  For the past 25 years, Mr. Brennan represented clients at Brennan & Waite, P.L.C., a firm he
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Congress Makes PPP Loan Forgiveness Easier

PPP Loan Forgiveness Easier
Congress just passed new legislation with significant changes to the PPP forgiveness terms.  Titled the  Paycheck Protection Flexibility Act, Congress’s goal was to ease the burden on businesses  for allocating and spending PPP funds within a finite period of time. Passing with overwhelming bi-partisan support, President Trump is expected to sign this Act into law. 
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SBA Clarifies PPP Good Faith Certification Question

Small Business Administration Seal
As promised, today the SBA published its latest round of guidance on the Paycheck Protection Program (“PPP”) and the “good faith” certification. We have discussed this topic in detail here and here. Back on April 23rd, in light of public outcry over large, publicly traded companies receiving PPP loans, the SBA clarified that only companies
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SBA Heightens Certification Requirement for PPP Loans and Provides a Safe Harbor

Requirements for CARES Act PPP
The SBA published new guidance for the Paycheck Protection Program on April 23rd. To no one’s surprise given the press around the first wave of the loans, the SBA ratcheted up the certification requirements for these loans. In a PPP loan application, a borrower needs to certify that the “current economic uncertainty makes this loan
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CARES Act Relief for Government Contractors

U.S. Capital where the CARES Act was put into law
NOTE: more information on this subject is also available in this recording of an interactive session with government contractors about these provisions. You May be Eligible for Reimbursement for Paid Leave Now that the dust has settled on the Paycheck Protection Program (which is also just about out of funding), it is time to look
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The Lifeline for Mid-Sized Businesses: Main Street Lending Option

Main Street Lending Option
On April 9, the Department of Treasury and the Federal Reserve published the regulations governing the Main Street Lending Program. This program is funded under the CARES Act and is designed to support small and mid-sized businesses who did not qualify for the Paycheck Protection Program (“PPP”). However, this program may also be available to
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