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Author archives: Jessica Perdue

31
Oct
2019

Blast From The Past- 2002 VF&N Building Ground Breaking

February 12th, 2002

Vanderpool, Frostick & Nishanian, P.C.  groundbreaking ceremony of the current VF&N building in Old Town Manassas. Brought to you by the magic of VHS conversion.

Mr. Vanderpool speaks to the vision he had for his firm and surrounding community.

Paraphrased:

Today represents an intersection of two different visions; my vision to create a top-notch law firm for businesses and residents of this area and, about that same time, Historic Manassas inc had a vision of what old town could become…. All those things we hoped would happen in old town Manassas have happened.

And with good attorneys like Rick and Randy and all the attorneys of the firm, we have been able to begin the process of growing the law firm that we are very proud of. We look forward to being a big participant in the city of Manassas.


Fast forward 18 years and it would seem the attorneys of VF&N have kept that vision alive.

2006- Arthur Sinclair Award from the Prince William County Bar Association

2007- Community Outreach Award from the Prince William Regional Chamber of Commerce

2008- Loy E. Harris Award from the City of Manassas for service to the community

2009- Name one of Virginia’s largest law firms by Virginia Lawyers Weekly

2017- Prince William Chamber Business Excellence Award

2019- Leadership Prince William Vision Award

17
Oct
2019

Avoiding Litigation: Free Seminar

Wednesday, Oct. 23rd
6:30 p.m. – 8:30 p.m.
Centerfuse in Manassas

Join VF&N’s litigation attorney Brett Callahan as she presents at the Oct. YPNOVA Success Series Seminar: Avoiding Litigation.

Ms. Callahan will cover common mistakes businesses make that can lead to or increase the risk of litigation related to contracts, real estate, employment, intellectual property, business formation, and compliance.

Open to the public, YPNOVA membership not required.

9
Oct
2019

When is the last time you updated your employee handbook?

Join us for a free upcoming seminar: Employee Handbooks. Will Yours Make the Grade?

February 13th, 2020

  • Time: 8:30 am –10:00 am
  • Location: Paul Davis training room- 44601 Guilford Dr, Ashburn, VA 20147

In partnership with the Loudoun Workforce Resource Center, join Vanderpool, Frostick & Nishanian, P.C.’s employment law attorneys Kris Spitler and Brendan Cassidy for a presentation on how to create an effective and compliant employee handbook.

Whether you are creating a brand new handbook or revising your current handbook, spending the time to properly craft the policies in your employee handbook can help ensure that they fit your Company’s business needs, do not expose it to liability, and provide employers with defenses against common charges brought by employees.

To reserve your space, please complete the form below:

Employee Handbook Seminar
25
Sep
2019

Four VF&N attorneys rated AV Preeminent®

Congratulations to our team of AV Preeminent® attorneys Randolph Frostick, Olaun Simmons, Michael Vanderpool & Kristina Keech Spitler! AV Preeminent® is Martindale-Hubbell’s highest professional achievement, a designation trusted worldwide by buyers and referrers of legal services.

The process of Martindale-Hubbell® Peer Review Ratings™ has been the gold standard in the rating of attorneys’ legal ability and high ethical standards for more than 100 years. One of the reasons this award is such an honor is that it is only bestowed on a select few, about 10% of all attorneys. Because of this, it is a designation that can be trusted by clients and those who need to refer clients for other legal services.

For more info visit: https://www.martindale.com/ratings

19
Jul
2019

So What Did Change with the New Proffer Law?

In our first blog post on the 2019 Virginia proffer legislation, we told you what hasn’t changed with the new law. As promised, now we will address what has changed.

Myth: Under the new law, localities have no liability exposure for unreasonable demands unless the governing body requests one in writing, so planning staff can talk to developers again. 

Reality: The new legislation says that developers and localities can talk, but the old legislation didn’t say they couldn’t. The reason why local government attorneys warned staff against talking to developers was the Koontz decision from the US Supreme Court, and specifically Justice Kagan’s dissent in that case which warned that “no local government official with a decent lawyer would have a conversation with a developer” because of the risk of liability. (That hasn’t changed.) There’s also the question of whether a local governing body authorizes or ratifies a written request from a staff member.

The bottom line is that the new law changes the liability exposure of localities, but localities should still exercise caution.

Myth: Under the new law, localities can expect to receive proffers for facilities in addition to the four enumerated facility types of transportation, schools, public safety, and parks.

Reality: The new legislation allows for proffers to be deemed reasonable if signed by the applicant and property owner, even if they are for off-site proffers that aren’t for the four kinds of public facility. However, beware that the new law takes away with one hand what it hands out with the other. Right after the language about the owner and applicant being able to make any offsite proffer reasonable just by signing it, the General Assembly wrote the following:

2. Failure to submit proffers as set forth in subdivision 1 shall not be a basis for the denial of any rezoning or proffer condition amendment application.

This raises an interesting question if the locality relies upon impacts on facilities other than transportation, parks, schools and public safety to deny a rezoning.

Myth: Under the new law, an applicant has to object in writing to a proffer request in order to challenge it later. 

Reality: Challenges based on violations of “this section” (Va. Code Section 15.2-2303.4) require a written objection to the governing body before the aggrieved applicant can file suit. This limits the availability of the legal remedies under that code section, but does not limit the remedies available for a constitutional challenge or a challenge based on another statute.   It is also important to note that this section does not extend to conditions imposed pursuant to a special use permit.

Localities still need to do their own analysis on whether a proffer request is reasonable. Maybe not as much changed with the new law as some people are hoping.

By the Proffer Professors: Mike Vanderpool & Martin Crim

16
Jul
2019

Eighth Annual Employment Law and HR Summit

 

Eighth Annual Employment Law and HR Summit
Vision 2020: The Future of HR

 

Friday, October 11, 2019 – 8:00am-5:00pm

Foxchase Manor: 8310 Chatsworth Drive, Manassas, Virginia 20109

 

REGISTER HERE 

 

As a human resource professional, business owner, executive, manager or administrative personnel tasked with dealing with HR issues, you need to stay on top of recent developments in the field of HR and employment law that may impact the future of your business. This Summit is designed to provide you with critical information in an engaging and useful format. Being informed about what is going on in the world of employment will help you stay on top of your company’s evolving HR needs.

The Employment Law & HR Summit is an easy and affordable way to summarize and highlight the most up-to-date information employers need to address issues currently impacting their workforce and organization, and identify issues that can have an impact on tomorrow’s workplace.

Jointly Presented by Vanderpool, Frostick & Nishanian, P.C., and Prince William SHRM, Inc.

Speakers & Topics

Kristina Keech Spitler, Esq.- Vanderpool, Frostick & NishanianHottest employment law issues and trends of 2019 as well as significant court decisions.
Christopher D. Silva – Assistant District Director US Department of Labor/Wage & Hour DivisionLearn important information from the DOL on topics including FLSA exemptions, wage deductions, independent contractor classifications, overtime requirements, and minimum wage issues. This is also the opportunity for attendees to gain a clearer perspective about common employer violations and trends in DOL enforcement.
Jinnae Monroe – Managing Principal, Professionals by DesignGain a deeper richer understanding of generations in the workplace and best practices for accepting roles and responsibilities of each generation. The session will discuss the importance of HR’s role in leading and guiding other organizational units in embracing generational differences.
Mauricio Velasquez – CEO & Owner The Diversity Training GroupThe HR professional in 2020 must understand the concepts of Change Management and have the skills and knowledge to guide their organizations through change. This session will address how HR professionals can help their organizations identify the impact of change, assess and manage the ripple effects that change can cause across the organization, and how to communicate change across throughout all levels of the organization.

PricingIncludes admission, continental breakfast, lunch, written materials (online), and a chance to win prizes!!!

Early Bird Rate on or before August 31st: PWSHRM Member Rate: $129, Non-Member Rate: $169.

Regular Rate on or after September 1st: PWSHRM Member Rate: $169, Non-Member Rate: $199.

Cancellation Fee $25. No refunds will be issued after September 12, 2019. Registration closes October 3, 2019.

Credit Status: One-Day Conference is approved for 5 HRCI ( 3.75 Business/1.25 General ) & 5 SHRM PD Hours

22
May
2019

Client awarded large Australian government contract

In a press release by the Australian Minister for Defence; issued March 06, 2019 it was announced that “the Royal Australian Navy (RAN) will receive a new sovereign air transportable Submarine Rescue Service capability under a contract with Phoenix International (Australia).”

Attorney Christopher Collins speaks to the proposal efforts, the due diligence performed to vet subcontractors and the importance of solid teaming agreements.

15
May
2019

How to Protect Your Business When Ice Agents Want To Inspect Your I-9 Forms

ICE Agents have been active recently in the Prince William area and other parts of the VA/DC/MD metropolitan area, investigating businesses (especially small and medium companies) to determine compliance with properly completing and retaining I-9 forms.  Employers in industries involving construction, restaurants, landscaping, and janitorial/cleaning services are frequently (but by no means the only) targets of ICE investigations. 

U.S. Immigration and Customs Enforcement (ICE) (an agency within the Department of Homeland Security) has significantly increased its efforts to reduce unlawful immigration employment practices under the Immigration Reform and Control Act (IRCA). Employers are legally required to verify the identity of the person they hire and to confirm that they are eligible to work in the United States.  The law further requires that employers document this process by completing a Form I-9 for each person they hire.

ICE has focused enforcement efforts on employers who hire an illegal workforce. They follow up on tips provided by the public and conduct random and unannounced audits of employer records to determine if the company has complied with its legal obligations.  They do not need probable cause to investigate your business nor do they need to have a tip.  

I-9 Forms and ICE’s Notice of Inspection

The mandatory I-9 forms must be completed every time you make a new hire.  The form must be retained for three years after the date of hire, or one year after the date employment ends, whichever is later. If ICE has been given a tip or the business has been selected for an audit, ICE will present you with a Notice of Inspection.  

What to Expect from an ICE Inspection

The notice of inspection usually requests the following records from the company:

  • I-9 records
  • Payroll records
  • 1099s
  • No-match and mismatch letters

Upon notice, you have three business days to provide the investigating officers with the requested documents.

Civil and Criminal Penalties

Failure of employers to comply with IRCA can result in substantial civil fines and ultimately, possible criminal prosecution if you are found to have knowingly violated the law. 

What To Do If ICE Agents Present You With A Notice of Inspection Regarding Your I-9s

  • Do not provide records immediately or allow an immediate inspection of records as you have up to three days to respond.
  • Call your trusted employment lawyer in order to advise you on the best course of action and to timely respond with the proper documents presented in the best light possible.

Ensuring Compliance Before ICE Investigates

If you have not yet been the subject of an investigation, you can take steps to protect your business.  Employers should conduct confidential internal audits of your I-9 forms with the help of your employment lawyer.  This process can help you correct any potential problems before an inspection and avoid possible fines.  It is also beneficial to have knowledgeable employment counsel conduct periodic training of your personnel assigned to handle your I-9s.

Contact a Trusted Employment Law Attorney

Kristina Keech Spitler, Esq., with Vanderpool, Frostick & Nishanian is ready to help your business respond to an ICE inspection, provide a confidential internal Form I-9 audit, and/or help train your personnel to properly complete and retain I-9 forms.


Kristina Keech Spitler is a Shareholder and Head of the Employment Law Practice of Vanderpool, Frostick & Nishanian, PC.  With over thirty years of experience, Kris has been recognized as “Legal Elite” in Employment Law by Virginia Business Magazine, as well as a “Leader in the Law” and an “Influential Women of Law” by Virginia Lawyers Weekly.  You can reach Kris at (703)369-4738 or kspitler@vfnlaw.com.

** The information contained in this website is provided for informational purposes only and should not be construed as legal advice. 

14
May
2019

Book Smarts…VF&N attorney, textbook contributor

Pictured above: VF&N land use and zoning attorney, Karen Cohen, with legendary engineer, Sid Dewberry, PE, LS, Chairman Emeritus, Dewberry, Kat Grimsley, Director of the MS Real Estate Development program at George Mason University, and the team of book contributors, celebrating the publication of the third in a series of land development books by industry-leading design firm, Dewberry. 

Development of the Built Environment: From Site Acquisition to Project Completion is a textbook that explores the entire development process from an applied perspective to provide architects, civil engineers, and other team members with an understanding of the context in which real estate development occurs.  Karen, fellow alumnae of the Mason Masters of Real Estate Development (MRED) program, and others, were contributors and advisors.

2
May
2019

Land use and zoning explained: Repurposing an established building through a special use permit

The commercial real estate and property sector in Northern Virginia and Prince William County has experienced fluctuations in recent years which resulted in vacant buildings. For the owners of these properties, they’re left with a tough decision – let the property stay vacant or repurpose the property.

Repurposing property is using a building differently than the original intent. As a property owner, you are looking for cost-effective ways to keep your investment profitable.  For example, If you turn an old factory into loft apartments, or a barn into an event center, the building sees new life, you continue to make money, and all without building on existing green space. But it isn’t always that easy to change land use of an existing property.

Land use considerations

Land use laws regulate how businesses can operate on certain lands. The most common form of land use regulation is zoning. Cities use this legal process all across the country to help regulate their local development. Zoning laws prevent you from coming home to your well-established housing neighborhood and finding a big box store has set up shop next door.

While it’s not likely for a big box store to pop up next to houses, it is possible as in our earlier example, for a factory to become loft apartments. The zoning for that land must change to account for residents living on the property instead of people coming to work. Without making this change, it puts both the business operator and you, the property owner, in legal peril. It’s up to you to make sure the city allows the land use modification.

Special use permit (SUP)

A special use permit allows a local government to take a look at one particular development and to impose conditions needed to mitigate any impacts on the community. It is available only if the zoning ordinance provides for it.

To obtain a special use permit, you must get approval from the governing body in your community. You need to file an application, submit the filing fee, provide documentation supporting your request, and submit to questioning at a public hearing.  See the steps outlined below:

The process to obtain a SUP