News & Analysis

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Virginia Businesses Beware: Significant New Risks for Use of Independent Contractors

Following a nation-wide trend aimed to recover lost tax revenues and combat unfair competitive advantage associated with improper treatment of employees as independent contractors, the 2020 General Assembly passed new laws restricting independent contractor classification. Starting July 1, 2020, unless a person has an independently-established trade or business and is…

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2020 Sees Revolutionary Changes To Employment Discrimination Law In Virginia

Effective July 1, the Virginia Values Act fundamentally re-writes the Virginia Human Rights Act (VHRA)—with significant practical consequences for employers large and small.  Publicity surrounding the Act has focused on its addition of sexual orientation and gender identity to VDHA’s list of protected characteristics.  Such changes add Virginia to the…

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Now is Not the Time to Scale Back IEPs

With all schools in Virginia closed through the end of the academic year, parents of children with disabilities suddenly find their children without the programming, structure, and supports they need to access the general education curriculum and make meaningful progress on their educational goals.  The unfortunate reality is that online…

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FINRA Considers Rules that Restrict the Expungement Process

OVERVIEW In December, the Financial Industry Regulatory Authority (“FINRA”) issued Regulatory Notice 17-42, requesting comment on proposed changes to the expungement process for customer dispute information.  Through requests for expungement, associated persons seek to remove allegations made by customers from the Central Registration Depository (“CRD”) and from FINRA’s publicly-accessible BrokerCheck…

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Brokercheck Link Now Required on Firm Websites

An amendment to FINRA Rule 2210 (Communications with the Public) has taken effect as of June 6, 2016.  Originally announced in Regulatory Notice 15-50, the amendment adds new sections (d)(8)(A) and (B) to the rule, requiring member firms to include “a readily apparent reference and hyperlink to BrokerCheck” on certain web pages intended to…

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Do I Really Need a Lawyer for My Special Education Case?

The Individuals with Disabilities Education Act (“IDEA”) guarantees all children with disabilities a free appropriate public education.  Unfortunately, that right is not self-executing; students and their parents must be vigilant and persistent to secure and maintain the services and accommodations to which they are entitled under the law.  While parents…

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The Pendulum Swings Back for FINRA Expungement–But for How Long?

Remember that reputation and integrity are your most valuable assets—and can be lost in a heartbeat.  Charlie Munger, Vice Chairman of Berkshire Hathaway This statement is true for all, but it has a particular resonance for financial advisors.  In the highly regulated financial services industry, registered representatives can be haunted…

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