Blog: Opinions & Observations

Virginia Employers Face New Limits on Noncompetes Beginning July 1, 2026

April 16, 2026

Virginia employers that use noncompete agreements should take a fresh look at them before July 1, 2026.Under SB 170, signed by Governor Abigail Spanberger on April 13, 2026, a noncompete agreement entered into, amended, or renewed on or after July 1, 2026, may be unenforceable against an employee discharged without cause unless the employer provides severance benefits or other monetary payment and discloses that benefit when the employee signs the...

Fourth Circuit Draws the Line on Student Cell Phone Searches: O.W. v. Carr

April 13, 2026

The Fourth Circuit’s newly issued decision in O.W. v. Carr, Record No. 24-1288 (April 9, 2026) marks one of the most important student-search cases in decades – particularly as schools grapple with the realities of smartphones in the classroom. At its core, O.W. answers a question that has lingered unresolved since the rise of modern smartphones: do the traditional rules governing school searches still apply to digital devices containing vast quantities...

Who Owns the Rights to AI-Generated Images? A Straightforward Guide to Copyright Law

April 10, 2026

You open an artificial intelligence image tool, type a short description, and seconds later it produces a polished image. It might look like a magazine cover or a marketing graphic.So, who owns it?The answer under current U.S. law is simple. If the image is generated by AI without meaningful human creative control, no one owns the copyright. The image falls into the public domain. Anyone can use it, copy it, or sell it.That result surprises people, but it...

Qualified Immunity Reaffirmed: The Supreme Court’s Message in Zorn v. Linton

March 23, 2026

On March 23, 2026, the U.S. Supreme Court issued a per curiam decision in Zorn v. Linton, 607 U.S. __ (2026), reversing the Second Circuit and reaffirming a foundational principle of qualified immunity jurisprudence: law enforcement officers are protected from liability unless they violate clearly established law defined with a high degree of specificity. The decision is notable not only for its doctrinal clarity, but also for what it signals, both to...

The Rise of Trademark Scams: How Small Businesses Can Spot and Stop Them Before It’s Too Late

March 13, 2026

It often begins with an alarming email.A business owner opens their inbox to find a message warning that someone else is about to register their company name as a federal trademark. The email explains that an application has been received, that the sender is “holding” the competing filing, and that the recipient has only a few days to respond if they want to secure the rights themselves. The implication is clear: act now or risk losing the name your...

AI in Litigation: Your New (Very Fast) Associate

March 01, 2026

Let’s be honest: modern litigation is not for the faint of heart. Between ESI productions that rival small libraries, last-minute filings from opposing counsel, and the constant need to distill chaos into coherent arguments, the practice of law can feel like drinking from a firehose.Enter artificial intelligence — the newest member of the litigation team. It doesn’t sleep. It doesn’t bill for coffee breaks. And it can read faster than any first-year...

The EEOC Rescinded Its Harassment Guidance—So How Does This Affect Employers?

February 13, 2026

In January 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. For many employers, the headline raised an obvious question: Does this change what we’re supposed to do about harassment complaints?The short answer is no.What changed is the EEOC’s internal enforcement playbook. What did not change are the laws that govern workplace harassment – and the litigation risks...

Project Labor Agreements on Public Projects: What Virginia Contractors Need to Know Before Bidding

February 02, 2026

Project Labor Agreements (PLAs) are showing up more often in public construction procurement across the country — and increasingly here in Virginia. Many contractors, especially those not steeped in union labor relations, may be unsure what PLAs are, where they are required, and how they can affect competitive bidding and project performance. This primer breaks down current trends, what PLAs actually are, and practical steps contractors should take before...

How to Appeal an Approved Jurisdictional Determination (AJD) issued by the Army Corps of Engineers

November 19, 2025

Wetlands are highly protected under both federal and state law.  This is because wetlands provide many critical benefits. For example, wetlands act as giant sponges, soaking up stormwater and helping with flood control. They also filter out pollutants as water flows from the land into the rivers and seas, improving water quality.  And of course, wetlands provide a habitat for many types of plant and animal life.However, despite all of their benefits, the...

New Tort Law in Virginia Redressing the Nonconsensual Creation and Dissemination of Private Images

November 04, 2025

More than ever, courts are grappling with the digital age and its unique ability to abet sexual harassment.  Many State legislators have begun providing protections strengthening human principles such as consent, bodily autonomy, and privacy in and evolving area, colloquially referred to as “revenge porn”.  In 2017, the Virginia legislature adopted Virginia Code § 8.01-40.4, providing a civil remedy for those injured by the conduct criminalized under...