Blog: Opinions & Observations

Suggested Provisions for Forbearance Agreements

October 08, 2024

IntroductionWhen a commercial loan goes bad, the lender generally has two choices: (i) do everything it can to collect the loan, including a collection suit versus all obligors and/or liquidation of collateral or, (ii) work with the borrower by providing some time for it to right the ship and regain its financial footing. The latter option typically involves the parties entering into a forbearance agreement whereby the lender does not exercise any of its...

Understanding How a Survey Enhances the Real Estate Closing Process

September 13, 2024

Underlying Tension in Real Estate Closings between Lenders, Borrowers and Title Insurance CarriersCommercial real estate closings are generally a collaborative process; everyone is working toward a closing with great optimism for the future. Nonetheless, all of the parties involved are also looking at ways to protect their individual interests in the event the borrower’s business plan or something else does not work out as expected.  For example, both...

The Future of Non-Compete Agreements: FTC's Final Rule and Its Implications

August 06, 2024

In May, the Federal Trade Commission (“FTC”) published a controversial Non-Compete Clause Final Rule (the “Final Rule”) that impacts almost all non-compete agreements between companies and their employees and contractors – including those already in existence.  That Final Rule is scheduled to go into effect on September 4, 2024 (the “Effective Date”).FTC Outlaws Most Non-compete Agreements Effective September 4, 2024.So-called “non-compete agreements”...

Name, Image, and Likeness: What is Going On – Part 2

August 05, 2024

Name, Image, and Likeness (“NIL”) within the realm of collegiate sports continues to be a hot topic. I wrote my first blog post discussing this subject on October 16, 2023. (Click here to read). Since then, several events have occurred sparking a need for another update. For example, EA Sports, a video game developer, brought back its popular college football video game. The company discontinued it in 2013 due to challenges by former players against the...

New Laws in Virginia 2024

June 26, 2024

The 2024 legislative session was a “long session” of 60 days which occurs every other year to adopt a new budget. There were a lot of new legislators, primarily due to redistricting. The first African American Speaker of the House was elected.Democrats control the House of Delegates and State Senate. Republicans hold the Governor’s Office. All bills must be approved by the General Assembly then signed by the Governor for final approval, therefore,...

EEOC Issues Rule Affecting How Employers Must Treat Pregnant Workers

June 10, 2024

Last year, Congress passed the Pregnant Workers Fairness Act (“PWFA”), which requires employers in the private sector with 15 or more employees to provide reasonable accommodations for known limitations related to, affected by, or arising out of pregnancy, childbirth, or “related medical conditions,” unless such accommodations will cause an undue hardship on the employer’s operations. While other laws prohibit discrimination based on pregnancy, the PWFA...

Your Marriage May Be Over: How to Prepare for Meeting with a Divorce Attorney

May 24, 2024

We all know someone – a neighbor, friend, relative, or coworker - who feels like their marriage may be headed towards disaster … and undoubtedly some people reading this article are in this situation themselves. The feeling that your marriage may be heading toward divorce can be overwhelming, frightening, and downright depressing, but being prepared and taking control of the situation can help alleviate those sensations. This article is designed to help...

Copyright Law, Collages, and Artists’ Rights

May 08, 2024

The Hampton Roads Region is home to a thriving and diverse population, including artists. Visual artists work with a myriad of mediums, including paints, clay, images, and a vast array of combinations of the same.A completed piece of artwork often goes beyond the ink on the canvas or the representation of the naked eye. Often, the piece is a culmination of untold hours of work, the interweaving of an artist’s skills and years of experience, and the...

Meetings Under the Virginia Freedom of Information Act

April 09, 2024

The Virginia Freedom of Information Act (“VFOIA”) If you work in local government within the Commonwealth, you are probably aware of VFOIA. If not, it is prudent that you familiarize yourself with this legislation, as it instructs how public bodies should operate in various respects. VFOIA, originally enacted in 1968, seeks to promote governmental transparency. The General Assembly clearly expressed this sentiment, stating that VFOIA “ensures the people...

Restrictive Covenants Prohibiting Short-Term Rentals Upheld by Virginia Court of Appeals

March 07, 2024

Short-term rentals such as those listed on sites like Air B&B and VRBO are becoming more and more common across the Commonwealth. However, short-term rentals are controversial.  On one hand, they offer vacationers or business travelers an alternative to traditional hotels. They also provide an income source to homeowners who can rent out their homes (or portions of their homes) for short periods of time.  On the other hand, many of the short-term rental...