Blog: Opinions & Observations
Virginia's AI Bill Veto: What Does This Mean for Virginia Businesses?
April 22, 2025
In a decision that has sparked widespread discussion, Virginia Governor Glenn Youngkin recently vetoed HB 2094, a bill aimed at regulating artificial intelligence (AI) and addressing concerns about algorithmic discrimination. For business leaders in Virginia—and across the country—this decision raises important questions about the future of AI regulation and its implications for businesses operating in an increasingly tech-driven world.So, what exactly...
Read MoreIs Your DEI Strategy 2025 Compliant? What HR Professionals Need to Know Right Now
April 16, 2025
If you’ve been feeling overwhelmed by the recent whirlwind of changes around Diversity, Equity, and Inclusion (DEI), you’re not alone. With the Trump administration’s executive order rolling back federal DEI initiatives and a surge of legal scrutiny hitting private-sector programs, HR leaders are navigating uncharted waters filled with compliance challenges.So, what’s changed—and more importantly, how should you respond?First, a Quick RecapIn January,...
Read MoreChanging Child Support in Virginia Requires a Court Order
April 11, 2025
“What do you mean I’m on the hook for years of back child support? We agreed I wouldn’t need to pay any more! They can’t do this to me!”Yes, they can.No, the oral agreement doesn’t count.No, it is not fair, but it is the law.In Virginia, child support orders cannot change without a new court order, even if both parents agree. This article explains what child support orders are, why informal agreements don’t hold up, and how to properly modify a support...
Read MoreNavigating an EEOC Charge: A Practical Guide for Businesses
April 08, 2025
Let’s face it—receiving a notice from the Equal Employment Opportunity Commission (EEOC) about a discrimination charge can feel like opening Pandora’s box. For many business owners, it’s not just unsettling; it’s downright stressful. But here’s the good news: with the right approach, you can navigate this process effectively and protect your business. Let us walk you through what happens during an EEOC investigation and how to respond in a way that...
Read MoreMarch 25, 2025
In the years following the General Assembly’s expansion of the Court of Appeals of Virginia’s jurisdiction to cover all civil matters and the notable expansion of a right of appeal in all cases, many litigants face the daunting prospect of having their case heard before an appellate court. Having finished an arduous trial or painstaking motions practice before a circuit court, a litigant must put pen to paper yet again to write a brief that they will...
Read MoreVa. 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...
Read MoreWho 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...
Read MoreAre 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,...
Read MoreSupreme 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...
Read MoreSuggested 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...
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