Blogs

Land Use & Zoning

Virginia's July 1 Zoning Changes Already Bind Fairfax County. The Zoning Ordinance Has Not Caught Up.

Virginia’s July 1, 2026 Code amendments now bind Fairfax County applications for data centers, housing, parking, solar, storage, and wireless infrastructure, even before the Zoning Ordinance is updated. Hearings remain unscheduled.

August 26, 2026

Land Use & Zoning

Virginia's Faith in Housing Act: What Tax-Exempt Landowners Should Be Doing Before January 1, 2027

Virginia's 2026 General Assembly enacted companion bills HB 1279 and SB 388 (2026 Acts of Assembly, cc. 1096 and 1009), the Faith in Housing Act, adding § 15.2-2288.9 to the Code of Virginia. Localities must permit qualifying mixed-use or residential projects by right on land owned by property tax-exempt religious organizations and certain 501(c)(3) nonprofits, without rezoning, special use permit, or other discretionary approval.

August 26, 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

Business and Financial Services

512,000 Lines, One Night, Zero Permission: The Claude Code Leak and the Legal Crisis of AI Clean Rooms

On March 31, 2026, Anthropic, the company behind the Claude artificial intelligence system, accidentally published the entire source code of a product called Claude Code inside a routine software update. A missing line in a configuration file shipped 512,000 lines of proprietary code to the public. No hack. No breach. Human error. An important distinction:…

April 13, 2026

Litigation

Are Conversations with Artificial Intelligence (AI) Discoverable in Litigation? Lessons from United States v. Heppner

Clients and lawyers alike are increasingly using generative artificial intelligence tools to organize facts, explore legal theories, and draft narrative summaries. But a recent court ruling calls into question whether conversations with AI should be protected in litigation, or whether they are fair game in discovery. This article will briefly explore the typical scope of…

February 13, 2026

Construction

The Efficiency Mandate: Navigating Northern Virginia’s New Land Use Guardrails

As we move into February 2026, the Northern Virginia land use landscape is being reshaped by a distinct “top-down” pressure. While local Boards continue to grapple with the political fallout of data center density and affordable housing mandates, the Commonwealth has signaled a forceful move toward administrative streamlining. For developers, the last 30 days have…

February 11, 2026

Construction

Data Center Infrastructure Under Siege: Lessons from Virginia’s Digital Gateway Decision

The rapid growth of artificial‑intelligence applications has collided with America’s aging energy and permitting infrastructure. This collision of massive demand and regulatory friction creates a high-stakes environment where, as the recent invalidation of Prince William County’s 24.7 billion Digital Gateway project demonstrates, even the most monumental projects can be derailed by fundamental procedural errors. Global…

August 25, 2025

Construction

Special Exceptions vs. Variances: Picking the Right Path in Virginia Land‑Use Cases

Your project is stalled. The zoning administrator says your plans don’t comply. Special exceptions and variances serve very different purposes under Virginia law. Choosing the wrong one can waste months and fees and, in some cases, force applicants to start over. To avoid those pitfalls, you need to understand the legal standards, who decides your…

August 19, 2025

Construction

Prince William County Affordable Dwelling Unit Ordinance: Developer Impact Analysis

Prince William County’s Affordable Dwelling Unit Ordinance, effective December 1, 2025, introduces voluntary density bonuses reaching 95% additional units in exchange for affordable housing integration. While creating potential value opportunities, the framework requires careful analysis of long-term obligations and market positioning implications for development teams. Prince William County’s adoption of the Affordable Dwelling Unit (AfDU)…

July 18, 2025

Construction

Northern Virginia Development Fees Surge Towards Full Cost Recovery

Northern Virginia jurisdictions are implementing significant fee increases ranging from 5% to 25% during 2024-2025, with most localities targeting 100% cost recovery for development services. This fundamental shift from taxpayer-subsidized services to developer-funded operations represents the most substantial fee restructuring in nearly a decade, driven by mounting budget pressures and aging technology infrastructure across the…

July 9, 2025