Resources

From persistent supply chain disruptions to severe weather events, 2024 brought a fresh wave of construction delays across Virginia. While many of these challenges may feel familiar, they’ve pushed one particular contract clause into the spotlight again: force majeure.

Business owners invest significant time and resources into building their companies, yet many overlook the importance of a well-structured succession plan. Business succession planning is essential to ensuring the continuity of operations, protecting financial stability, and facilitating a seamless transition of ownership. A comprehensive succession plan should not exist in isolation, however. It must be aligned with the business owner’s personal estate plan to account for tax implications, legal complexities, and the long-term financial well-being of heirs and stakeholders.

Effective July 1, 2025, it will be unlawful for Virginia employers to enter into noncompete agreements with employees who are eligible for overtime pay under the Fair Labor Standards Act (FLSA). The new law significantly expands existing Virginia law, which, since 2020, has prohibited employers from entering or enforcing noncompetes with “low wage employees.”

As commercial real estate (CRE) borrowers continue to navigate a challenging environment marked by rising interest rates, maturing debt, and declining asset valuations, one strategy is quietly regaining relevance: the short sale. Though long associated with residential distress, short sales are becoming a practical, lender-approved alternative to foreclosure in the commercial sector. Borrowers facing default and lenders seeking efficient exits are increasingly turning to negotiated sales below the outstanding loan balance as a way to manage risk, preserve value, and avoid prolonged legal proceedings.

A recent survey by the Restaurant Association of Metropolitan Washington revealed that 29% of respondents are at least somewhat likely to close their restaurants in 2025. That number rises to 44% for full-service casual establishments. [1] For many DC area restaurant owners, already grappling with high operational costs, staffing shortages, and shifting consumer habits, this data confirms widespread industry concerns.

[1] https://www.bizjournals.com/washington/news/2025/03/18/dc-restaurant-outlook-ramw-survey-shawn-townsend.html

A smartphone in every pocket means it’s easier than ever for employees to secretly record workplace conversations. Whether it’s a tense meeting with a supervisor or HR, or a casual conversation with coworkers, the ability to record those discussions with the tap of a button presents a real legal and operational challenge for employers.

On March 26, 2025, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) published in the Federal Register an interim final rule that proposes to substantially narrow the existing beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) to “require only entities previously defined as ‘foreign reporting companies’ to file a BOI report.

Northern Virginia, with its dynamic economy, presents significant opportunities for development. However, navigating the complexities of zoning and land use regulations is crucial for project success. One important mechanism within this regulatory framework is the “special exception,” known as a “special use permit” or “use permit” in some jurisdictions. Understanding special exceptions is essential for anyone looking to build or develop in this competitive market.

Business owners often seek ways to structure their companies efficiently while protecting assets and limiting liability. One option that has gained attention in recent years is the Series LLC, a unique entity structure that allows for multiple “series” or compartments under a single LLC umbrella. Each series is intended to operate independently, with its own assets, liabilities, and members.

Language access is a critical consideration for employers in today’s diverse workplaces. Recent policy shifts, such as the designation of English as the official language of the United States, have introduced new dynamics that businesses must navigate to ensure compliance and maintain an inclusive environment. This blog outlines key legal considerations and best practices for employers in light of these changes.​

The U.S. Equal Employment Opportunity Commission (EEOC) was created by Congress with the enactment of Title VII of the Civil Rights Act of 1964. It is the agency tasked with enforcing federal job discrimination and harassment laws that prohibit discrimination in employment based on race, color, religion, sex, national origin, age, disability, pregnancy, and genetic information. It has never been a favorite of the current occupant of the Oval Office.

Many of us were looking for some additional clarity regarding the Corporate Transparency Act (CTA) in the wake of FinCEN’s February 28, 2025, Notice. We may have finally received that when the Treasury Department’s announced in posts on X on March 2, 2025, that it will not enforce any penalties or fines associated with the beneficial ownership information reporting rule under the existing regulatory deadline.

Accessible parking is essential for ensuring inclusivity – yet we understand that new zoning requirements can pose challenges for developers and property owners. In December 2024, Fairfax County’s Board of Supervisors adopted the Accessible Minimum Parking Requirements Amendment to modernize its zoning regulations, align with ADA standards, and improve accessibility across new and existing developments. While these changes are designed to support individuals who rely on accessible parking, they also introduce adjustments that stakeholders must plan for and incorporate into their projects.

Those following this blog will recall that FinCEN just announced ten days ago that Beneficial Ownership Information reporting (BOIR) requirements under the Corporate Transparency Act (CTA) were once again back in effect with the decision of U.S. District Court for the Eastern District Court of Texas, in Smith, et al. v. U.S. Department of the Treasury, to lift the stay on BOIR filing requirements pending a decision by the Court of Appeals for the Fifth Circuit.

The Department of Government Efficiency (DOGE) Workforce Optimization Initiative (Initiative) is a federal initiative with a stated aim of improving government operations by implementing strategic workforce planning, integrating technology, and streamlining staffing structures. In today’s evolving workplace landscape, businesses must stay informed about workforce efficiency trends and government initiatives that may influence employment policies, recruitment, and workforce management.

They’re back! FinCEN Beneficial ownership information reporting (BOIR) requirements under the Corporate Transparency Act (CTA) are once again back in effect. The catalyst in this very long-running back-and-forth was the February 18, 2025, decision of the U.S. District Court for the Eastern District Court of Texas, in Smith, et al. v. U.S. Department of the Treasury, lifting its January 7, 2025, order that had put a nationwide hold on BOIR requirements. The February 18 order will remain in effect while the case is on appeal for a decision by the U.S. Court of Appeals for the Fifth Circuit.

Remote work has become a fixture in the modern workplace, offering employees flexibility while allowing companies to attract top talent regardless of location. However, this shift can come with heightened cybersecurity risks, exposing both employers and employees to potential data breaches, cyberattacks, and legal liabilities. Employers must balance cybersecurity measures with employee privacy rights while complying with federal and state data protection laws.

The four-day workweek is gaining traction as companies seek more ways to enhance business productivity, improve employee satisfaction, and attract top talent. Across various industries, companies are exploring the feasibility of condensing work hours, without reducing employee pay. However, before implementing a four-day workweek, employers should carefully consider the legal implications to ensure continued compliance with wage and hour laws, overtime calculations, employee benefits, and workplace policies.

A day after being sworn into office as president, Donald Trump began to issue executive orders aimed at implementing his campaign promise to take decisive actions on immigration enforcement. One major change is the administration’s rescission of a longstanding policy that limited federal immigration enforcement activities in particularly sensitive locations, such as churches, schools, and hospitals.

In the longest running game of legal pong in years in the United States, the Supreme Court entered the fray in the battle over enforceability of the Corporate Transparency Act (CTA) requirements on disclosure of ownership with FinCEN. On January 23, 2025, the Supreme Court issued a stay of the trial court’s nationwide preliminary injunction in the case of Texas Top Cop Shop, Inc. v. McHenry.