Blog: Opinions & Observations
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...
Read MoreCopyright 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...
Read MoreMeetings 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 VFOIA, originally enacted in 1968, seeks to promote governmental transparency.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...
Read MoreRestrictive 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...
Read MoreDecember 14, 2023
Understanding the meanings of “employee” and “employer” under the Virginia Workers’ Compensation Act (“the Act”) is crucial in determining whether the Act applies. The Act only applies to businesses with three or more employees. If the injured worker was working for a business with less than three employees regularly in service, his/her injury is not covered under the Act, and he/she cannot receive workers’ compensation benefits. Certain businesses...
Read MoreContractor Mistakes: Legal Options for Virginia Homeowners Seeking Remedies
December 05, 2023
When homeowners find themselves dealing with the aftermath of a contractor's subpar or incomplete work, it can be a nerve-wracking experience, as the home is often the biggest and most significant asset that they will ever own. Be it the construction of a new home or the renovation of an older home, residential construction projects typically force homeowners to either heavily tax their bank accounts or encumber themselves with loans.Therefore, issues on...
Read MoreNovember 08, 2023
In June 2023, the United States Supreme Court released an opinion in Groff v. DeJoy that affects all employers who are faced with accommodating their employees’ religious practices and beliefs.Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and applicants based on their religion. The law requires employers to reasonably accommodate an employee’s religious beliefs and practices, unless doing so would...
Read MoreEminent Domain and Carbon Capture Technology
October 27, 2023
In the ongoing effort to address the threat of climate change, the federal government has set an ambitious goal of achieving net zero carbon dioxide emissions by midcentury. While there is a concerted effort to reduce emissions from each sector of the economy, it is widely acknowledged that the goal cannot be achieved by emission reductions alone. Instead, some sort of “carbon capture” technology will need to be developed.Carbon Capture TechnologyThe...
Read MoreName, Image, and Likeness: What is Going On?
October 16, 2023
As you may recall, roughly two years ago we witnessed an increase in the discussion surrounding “Name, Image, and Likeness” (“NIL”) in collegiate athletics. The catalyst stems from the landmark U.S. Supreme Court case of NCAA v. Alston and the subsequent adjustments the NCAA made to its NIL and amateurism policies in response. Shortly thereafter, Virginia entered the discussions by passing its own NIL law for the Commonwealth. For a detailed discussion...
Read MoreBenefits and Terms of Private Road Maintenance Agreements
October 02, 2023
Do you want to live off the beaten path? Have your own little piece of heaven out past where the paved road ends? If so, you’re going to have to figure out how to get there, and not living on a publicly maintained road may involve the far less romantic reality of a private road maintenance agreement. If you need to cross someone else’s property to access your home, then you may be looking at obtaining an access or ingress/egress easement across that other...
Read More