Blogs

Construction

“Pay When Paid” Change for Subcontractors Coming to Virginia

In 1995, the Virginia Supreme Court expressly held that general contractors could assert an absolute “pay when paid” defense against subcontractors claiming monetary damages for non-payment of work on a construction project. See Galloway Corp. v. S.B. Ballard Constr. Co., 250 Va. 493, 506 (1995). Since then, the law of the land had been that general…

November 4, 2022

Divorce and Family Law

Is Collaborative Divorce Right for Me?

So, you’ve made the decision to get a divorce, but you don’t know which process is right for you. You’ve likely heard about litigation, mediation…but what about collaborative? What is collaborative divorce? The collaborative process is a team-based approach to divorce focused on a voluntary and open exchange of information, with the goal of coming to a fair and reasonable resolution that is best for your family. While each party will have their own lawyer, there will also be a team, which may…

October 28, 2022

Employment Law

New “Know Your Rights” Poster Issued by the EEOC

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated version of the “EEO is the Law” poster that covered employers are required by federal law to post in a conspicuous workplace location. The new “Know Your Rights” poster includes updates to the language and formatting to make it more straightforward, highlights that…

October 24, 2022

Employment Law

Does Title IX Prohibit Discrimination Based on Sexual Orientation and Gender Identity? Not according to Virginia and Other States

On July 27, 2022, Virginia joined forces with more than twenty other states to file a lawsuit against the U.S. Department of Agriculture (USDA), in response to that agency’s recent guidance advising that Title IX of the Education Amendments of 1972’s (Title IX) prohibition of discrimination in educational programs “on the basis of sex” is…

August 22, 2022

Employment Law

501(c)(3) Tax Exempt Status, Private Schools, and Title IX

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in any education programs and activities that receive federal funds and financial assistance. Federal financial assistance typically consists of grants or loans made available by the federal government to fund things such as student scholarships and improvements to…

August 12, 2022

Construction

Prince William County – The Digital Battlefield

Prince William County (PWC) is becoming a crucial location for data center developers. However, as PWC creates incentives for data center market and contemplates zoning changes that favor data center development, some citizens have grown concerned about the changing landscape in their community. While PWC has been courting the development of these centers since the…

August 4, 2022

Divorce and Family Law

Moving Out of the Marital Home – Should You Stay or Go?

If you’ve made the decision to separate from your spouse, you may be wondering, “is it ok for me to move out of the marital home?” As a practical matter, in every case of separation and divorce, one or both parties will eventually need to move out of the marital home. Yet, whether and when to leave the marital home is not only a complicated emotional issue, but can be a highly strategic decision as well. Prior to making a decision, you should consider the following: Will You Be Accused of…

August 3, 2022

Employment Law

Protecting Your Business’s Social Media Accounts

As I revisited our earlier blog below from 2013, I’m compelled to share that it’s always a good time to review all social media accounts at your business and protect your intellectual property. It’s important to avoid infringements of your social media business name or handle, photos you post and content that is uniquely yours.…

August 2, 2022

Employment Law

The Pandemic Has Evolved: EEOC Issues Updated COVID-19 Viral Testing Guidance for Employers

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its guidance Q&A responses to employers relating to COVID-19 workplace issues and the ADA . Most notably, the EEOC has changed its view on when employers can mandate COVID-19 viral testing for workers and still be in compliance with the ADA.[1] Out with the…

July 21, 2022

Employment Law

Fourth Circuit: Title VII Doesn’t Require Civility at Work

It is a bedrock principle of U.S. law that employment discrimination on the basis of sex is prohibited under Title VII of the Civil Rights Act of 1964. And, of course, hostile work environment sexual harassment is a subset of employment discrimination that involves unwelcome conduct because of sex that is sufficiently severe or pervasive…

July 18, 2022