Blog: Opinions & Observations

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The EEOC Rescinded Its Harassment Guidance—So How Does This Affect Employers?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

When One Policy Doesn’t Fit All: Managing Multistate Employment Law Patchwork

September 30, 2025

It used to be that a Virginia employer with a Virginia workforce could manage its people using a single set of policies. Those days are gone. Today, a Hampton Roads employer can post a remote job on Monday and, by Tuesday, find itself subject to pay transparency laws in Colorado, privacy rules in California, and noncompete limitations in Minnesota – all without opening an office there or sending a manager out of state.The reason is simple: jurisdictional...

New Laws in Virginia Effective July 1, 2025

June 25, 2025

Here is my annual summary of bills that will become law in Virginia on July 1st and a brief explanation of how they came about. The legislature sent 916 bills to Governor Youngkin. Initially, he signed 599 bills, amended 159 bills, and vetoed 157 bills. The budget (HB1600) was returned with 205 amendments and eight items vetoed. When the General Assembly reconvened, the House voted to lump most of the Governor’s 95 vetoes into a single block. Of those, 82...