Virginia Lawyer The Official Publication of the Virginia State Bar February 2021 Volume 69/Number 5 Features HEALTH LAW 13 The Year of Health Law Adaptation by Allyson K. Tysinger 14 COVID-19 Liability in Long-Term Care: A Tidal Wave or a Trickle of Litigation in Virginia? by Beth A. Norton 18 Expansion of Telemedicine during COVID-19 and the Issue of Non-Compete Agreements by Dean E. Lhospital 22 The New Virginia DOLI COVID-19 Emergency Workplace Standards: An Administrative Nightmare for Healthcare Providers by William P. “Scott” Daisley and Elizabeth Dahl Coleman 26 Pre-Disposition Mitigation of Traffic Cases: A Simple Proposal to Improve Access to Justice, Public Health, and Court Operation during COVID and Beyond by Shawn Mihill 28 The COVID-19 Pandemic: The Legal Issues, the Public Impact, and Our Progress by Mark R. Herring, Attorney General of Virginia Noteworthy VSB NEWS 37 Stephanie Grana Elected VSB President-elect 37 New Virginia Lawyers Sworn in Virtually 37 Be Prepared: National Healthcare Decisions Day 38 Prince William County Bar Association Honors Local Attorneys 39 In Memoriam 40 Augustus Benton Chafin 40 Florence W. Madden 41 Joan Marie O’Donnell 41 Mark B. Sandground Sr. 42 Bar Council Elections Departments 6 36 57 60 60 61 Forum Wellness Professional Notices Cartoon Advertiser’s Index Classified Ads GENERAL INTEREST 30 Goodbye VPNs – Hello Zero Trust Network Access by Sharon D. Nelson and John W. Simek 32 Opinion: Virginia’s Cash Bail System: Denying Due Process to the Poor by Clarence M. Dunnaville Jr. Columns 8 10 12 43 44 46 47 48 62 President’s Message Executive Director’s Message Bar Counsel’s Message Access to Legal Services Letter from the Access to Justice Commission Law Libraries Technology and the Future Practice of Law Risk Management The Last Word VIRGINIA LAWYER REGISTER 50 Disciplinary Summaries 51 Disciplinary Proceedings 52 Notices to Lawyers: A Roundup of News and Proposed Rule Amendments from vsb.org 53 CLE Opportunities Cover: Attorney General of Virginia Mark R. Herring and members of his pandemic team: First row: Attorney General of Virginia Mark R. Herring; Second row (L to R): Deputy Attorney General Keonna C. Austin; Chief Deputy Attorney General Erin B. Ashwell; Third row (L to R): Heather Hays Lockerman; Justin I. Bell; Carol L. Lewis; Fourth row (L to R): Grant E. Kronenberg; Robin V. Kurz; Fifth row (L to R): Solicitor General Toby J. Heytens; Allyson K. Tysinger, Health Law Section Chair. Photo by Deirdre Norman at the Attorney General’s office in the historic Barbara Johns Building. 3