Blogs

Business and Corporate Litigation

Virginia’s Arbitration Fairness Act Is Now in Effect: A Compliance Checklist for Businesses and Their Counsel

Arbitration clauses are a fixture of modern commercial life. Consumer contracts, employment agreements, franchise arrangements, and service agreements routinely include pre-dispute arbitration provisions that require parties to resolve disagreements outside of court. For businesses operating in Virginia, those provisions are now subject to a new layer of state law.

July 28, 2026

Employment Law

The Old Dominion’s New Employment Law Reality: Virginia Whistleblower Claims Are Everywhere

In many ways -- and under many laws -- Virginia remains part of the Old South. The Commonwealth continues to adhere strongly to employment at will, remains cautious about expanding common-law causes of action, and generally prefers clearly stated statutory rights over judicial innovation. Historically, Virginia employers operated in a legal environment that was comparatively predictable and, in many respects, very employer-friendly. Then came July 1, 2020.

July 27, 2026

Employment Law

Virginia is Developing Workplace Heat Illness Prevention Rules: Construction Employers Should Start Planning Now

Northern Virginia and, indeed, much of the northeastern United States, is in the middle of a punishing stretch of summer heat. Washington, D.C. and Baltimore are reached 102 degrees, with National Weather Service extreme heat warnings in effect for parts of D.C., Maryland, and Virginia. For construction companies, this is not just a weather story. It is a workplace safety, scheduling, productivity, and compliance issue.

July 13, 2026

Employment Law

Congrats, Virginia Construction Contractors: You Now Guaranty Every Subcontractor’s Payroll at Every Tier

Effective July 1, 2026, Virginia construction contractors have clear and explicit wage payment compliance requirements applicable to every tier of their contract chain. The VA General Assembly expanded Virginia's wage enforcement laws and created new exposure for construction contractors, especially general contractors.

July 13, 2026

Business and Financial Services

AI Discovery After Heppner: Courts Begin Protecting Pro Se Litigants and Litigation Strategy

In our prior article on United States v. Heppner, we discussed whether a litigant's conversations with artificial intelligence are protected as privileged or work product. Since Heppner, three additional court decisions have been rendered which complicate the landscape, particularly in the context of pro se litigants.

July 2, 2026

Employment Law

Employment Law Landmines for Federal Contractors

Federal contractors operate in one of the most heavily regulated employment environments in the country. In addition to traditional employment laws, contractors must navigate obligations tied to federal contracts, agency oversight, and specialized whistleblower protections. Because of this layered regulatory framework, workplace issues that might be routine in other industries can quickly escalate into litigation,…

June 29, 2026

Employment Law

What is Worrying Our Nonprofit Clients – Part III: Staffing and Talent

As part three of our series, we turn to people. Money may be the traditional first and most accurate answer when asking what is worrying nonprofit leaders; however, staffing and talent are close behind. In most organizations, these two topics are really the same issue. Nonprofits do not execute their missions in the abstract. They…

June 25, 2026

Business and Financial Services

When the CEO Steps Away: Why Nonprofits Are Embracing Sabbaticals

Nonprofit boards are under increasing pressure to recruit, retain, and support strong executive leadership. That is no small task. Nonprofit executives are expected to manage staff, satisfy funders, support boards, maintain community relations, oversee budgets, comply with expanding legal obligations, and advance the organization’s mission—often with fewer resources than their for-profit counterparts. Against that backdrop,…

June 24, 2026

Employment Law

Assumption of Risk After Post v. The Pines Horse Farm: Why Virginia Businesses Should Revisit Their Customer Waivers

Does your Virginia business provide activities that pose a meaningful risk of physical injury such as horseback riding, fitness classes, recreational sports, camps, or similar customer-facing services? Does your business rely on customer “waivers” of liability to manage the risks inherent in such activities? That instinct is understandable. A written agreement that warns customers of…

June 22, 2026

Employment Law

Bonuses and Overtime: When Payroll Math Becomes an Employer Liability

Employers who pay bonuses to nonexempt employees need to understand a deceptively simple wage-and-hour rule: overtime must be paid based on the employee’s regular rate of pay, not merely on the employee’s base hourly rate. When an employee receives commissions, shift differentials, incentive pay, production bonuses, attendance bonuses, or other compensation tied to their work…

June 22, 2026