Blog: Opinions & Observations

Va. Code § 8.01-626: Appealing Adverse Immunity Rulings on an Expedited Basis

March 03, 2025

Virginia Code § 8.01-626 provides a mechanism for bypassing the typically lengthy appeals process for certain types of cases and decisions. Titled “Review of injunction; petitions for review,” this section of the Virginia Code not only applies to injunctions but also applies to orders “granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant” from continued participation in the lawsuit. Va. Code...

Who Owns that Unused Street? A Roadmap to Virginia’s Layered Legal Approach

February 24, 2025

Most people do not think twice about the quiet, unused, streets that hide within our neighborhoods, cities, and towns. These streets are easy to overlook, until a disrupting event—such as new property development, utility work, or a dispute between landowners—raises the question: who actually owns these forgotten streets? The ownership of unused streets can be a complex issue, that can generate legal disputes over who has the right to access, use, or...

Are Words Alone a Violation of Fourth Amendment Protections Against Unreasonable Seizures?

February 12, 2025

In January 2023, a federal jury delivered a decisive verdict in Nazario v. Gutierrez largely vindicating the conduct of Windsor, Virginia police officers Daniel Crocker and Joesph Gutierrez during a December 5, 2020, traffic stop.As a result of the traffic stop that evening, Caron Nazario filed an eight count Complaint against Crocker, represented by Pender & Coward, and Gutierrez, claiming Fourth and First Amendment violations, common law assault,...

Supreme Court Simplifies Employer Obligations for FLSA Exemption Compliance

January 17, 2025

Supreme Court Gives Employers a Win by Overturning the Fourth CircuitThe U.S. Supreme Court recently clarified the standard of proof employers must meet to establish that workers are exempt from the Fair Labor Standards Act (“FLSA”) overtime requirements.  In doing so, it overturned a decision by Fourth Circuit Court of Appeals, which covers Virginia, that required employers to meet a “clear and convincing” standard when justifying classification of an...

Suggested Provisions for Forbearance Agreements

October 08, 2024

IntroductionWhen a commercial loan goes bad, the lender generally has two choices: (i) do everything it can to collect the loan, including a collection suit versus all obligors and/or liquidation of collateral or, (ii) work with the borrower by providing some time for it to right the ship and regain its financial footing. The latter option typically involves the parties entering into a forbearance agreement whereby the lender does not exercise any of its...

Understanding How a Survey Enhances the Real Estate Closing Process

September 13, 2024

Underlying Tension in Real Estate Closings between Lenders, Borrowers and Title Insurance CarriersCommercial real estate closings are generally a collaborative process; everyone is working toward a closing with great optimism for the future. Nonetheless, all of the parties involved are also looking at ways to protect their individual interests in the event the borrower’s business plan or something else does not work out as expected.  For example, both...

The Future of Non-Compete Agreements: FTC's Final Rule and Its Implications

August 06, 2024

In May, the Federal Trade Commission (“FTC”) published a controversial Non-Compete Clause Final Rule (the “Final Rule”) that impacts almost all non-compete agreements between companies and their employees and contractors – including those already in existence.  That Final Rule is scheduled to go into effect on September 4, 2024 (the “Effective Date”).FTC Outlaws Most Non-compete Agreements Effective September 4, 2024.So-called “non-compete agreements”...

Name, Image, and Likeness: What is Going On – Part 2

August 05, 2024

Name, Image, and Likeness (“NIL”) within the realm of collegiate sports continues to be a hot topic. Since publishing a previous blog post on this subject in October of 2023 (click here to read), several events have occurred sparking a need for another update. For example, EA Sports, a video game developer, brought back its popular college football video game. The company discontinued it in 2013 due to challenges by former players against the company’s...

New Laws in Virginia 2024

June 26, 2024

The 2024 legislative session was a “long session” of 60 days which occurs every other year to adopt a new budget. There were a lot of new legislators, primarily due to redistricting. The first African American Speaker of the House was elected.Democrats control the House of Delegates and State Senate. Republicans hold the Governor’s Office. All bills must be approved by the General Assembly then signed by the Governor for final approval, therefore,...

EEOC Issues Rule Affecting How Employers Must Treat Pregnant Workers

June 10, 2024

Last year, Congress passed the Pregnant Workers Fairness Act (“PWFA”), which requires employers in the private sector with 15 or more employees to provide reasonable accommodations for known limitations related to, affected by, or arising out of pregnancy, childbirth, or “related medical conditions,” unless such accommodations will cause an undue hardship on the employer’s operations. While other laws prohibit discrimination based on pregnancy, the PWFA...