Articles

Yes!  However, this was not the law until the enactment of H.R.3608/S.2991, which was just enacted into public law.  Let’s face it, some jobs in the United States require workers to be able to read, speak, and understand the English language.  Perhaps there is no more compelling need for such communication than by the operator of a large commercial vehicle such as a tractor-trailer or bus, which literally can weigh over 70,000 pounds and be as long as 120 feet.  These vehicles are not only heavy and long, but they are also tall and often as high as 14 feet.  […]

President Trump has issued a broad executive order aimed at confronting the growing threat of cyber‑enabled crime, signaling a more aggressive, national‑security‑oriented approach than prior federal efforts. The order—released alongside the administration’s “Cyber Strategy for America”—focuses on dismantling transnational criminal organizations responsible for ransomware, financial fraud, phishing, extortion, and related cyber schemes. Although the order does not impose new legal requirements on private companies, it foreshadows increased government engagement with the private sector and heightened enforcement expectations across several industries. A Shift in Focus: Cybercrime as a National Security Threat The executive order frames cybercrime not merely as a law‑enforcement […]

Article originally featured in the Virginia Lawyer, Vol. 74 No. 5 published by the Virginia State Bar. It’s Wednesday night, and like most lawyers (perhaps a slight exaggeration), you and your esteemed colleagues are deep in a game of construction law jeopardy. Amid the fervor of the room, and noticing you are only slightly behind the leader, you select your next category—“Contract Terms” for $800. Your friend and moderator, channeling his best Alex Trebek, reads the statement, “a duty to make good any loss, damage, or liability incurred by another.”[1] The familiar melancholic tune begins to play, but it doesn’t […]

Many employers pay salaried and hourly employees on a biweekly schedule, which usually results in 26 pay periods per year. In 2026, paying salaried employees on a biweekly schedule, could cause some employers to issue 27 biweekly payrolls, depending on how their payroll calendar falls. This anomaly occurs roughly every decade due to leap years and the fact that a 365-day year does not divide evenly into 14-day pay cycles. But while the cause is simple, the consequences for employers can be anything but. If your organization hasn’t considered whether you will have a 27-pay-period cycle in 2026, now is […]

The U.S. Department of Justice (DOJ) issued policy memoranda in May and July of 2025 announcing a stated intent to investigate entities that accept federal dollars via contracts and grants while engaging in “race, ethnicity, or national-origin based preferences” in employment practices. These policies evidence the DOJ’s expanded use of the False Claims Act (FCA) to investigate and, in some cases, take action against companies whose DEI efforts are perceived to violate federal law. These policies are now beginning to take shape, as the DOJ has recently initiated multiple investigations into the DEI practices of several major companies that contract […]

While many may think of resolutions, family, friends, a Times Square countdown, or new beginnings on New Year’s Day, January 1 also quietly marks a significant annual event for copyright law. Each year, many previously copyrighted works enter the public domain, eliminating their copyright protection and rendering them available for use and reproduction by the public at large. Duke University publishes a list of works entering the public domain, and 2026 will see a number of iconic works and characters from 1930 become free for public use and distribution. For example, some works entering the public domain this year include […]

Businesses with employees who work in Virginia and are paid by commission received an early New Year’s Eve present when a divided Supreme Court of Virginia overturned a 2024 ruling by the Virginia Court of Appeals that had extended the protections of the Virginia Wage Payment Act beyond wages and salaries to commissions and all other forms of compensation.[1] Groundworks Operations LLC v. Campbell, Record No. 241092 (Va. Dec. 30, 2025) Justice McCulloch writing for the majority concluded “the language of the [wage theft] statute and its context do not support an interpretation that extends its protections to commissions.”[2] In […]

On December 11, 2025, President Trump signed Executive Order 14365, titled “Ensuring a National Policy Framework for Artificial Intelligence.” The order seeks to establish a unified federal approach to regulating artificial intelligence (AI), aiming to prevent what the administration calls a “patchwork” of state laws that could hinder innovation and impose excessive compliance costs. After rescinding the prior administration’s comprehensive 2023 executive order on AI governance, Executive Order 14110 (titled “Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”), in January, President Trump’s executive order constitutes the current administration’s latest effort to supersede regulation of AI […]

Overview of the 8(a) Program and Background The SBA’s 8(a) Business Development Program (the “Program”) supports small businesses owned by socially and economically disadvantaged individuals and certain entities (e.g., Alaska Native Corporations, American Indian Tribes, and Native Hawaiian Organizations).  Eligible firms gain access to set-aside federal contracting opportunities, plus tailored counseling, training, and technical support. In recent years, the Program has come under much scrutiny.  Beginning in 2023 in response to a challenge in federal court, the SBA ended its practice of providing a “presumption” of social disadvantage to certain identified ethnic groups and has since required all current and […]

Passengers involved in a motor vehicle accident almost always have a “good case” to recover for their injuries received in an automobile accident. So long as the passenger did not contribute to the accident in some way, for example by interfering with the driver, the passenger will likely be able to recover monetary damages. The passenger’s claim can be against many different defendants, such as another vehicle driver that was involved in the crash or a company/individual who contributed to the crash by setting up a dangerous situation in the roadway or even by the passenger’s driver and their vehicle […]