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Is That Indemnification Provision Enforceable? Lessons From Fifteen Years of Case Law Applying Va. Code § 11-4.1

Articles

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 […]

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2026 Brings Payroll Glitch for Salaried Employees: What All Employers Need to Know

Articles

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 […]

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DOJ Targets Corporate Diversity Programs Via the False Claims Act

Articles

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 […]

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Publicly Available vs. Public Domain: When Are Copyrighted Works Free To Use?

Articles

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 […]

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Employers Win Round One: Virginia’s Wage Theft Statute Does Not Include Commissions – Will it Last?

Articles

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 […]

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Executive Order Targeting State AI Regulation Shakes Up State Enforcement

Articles

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 […]

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Small Business Administration (SBA) Orders 8(a) Firms to Submit Extensive Financial Records

Articles

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 […]

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Passenger Rights in Virginia: How Injured Passengers Can Recover After a Car Accident

Articles

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 […]

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Using FOIA to Strengthen Your Personal Injury Case

Articles

Article written by Investigator Danny Brabham It is important to know that if you are involved in a personal injury incident that in any way involves a town, county, city, state or federal agency, the Federal Freedom of Information Act (FOIA) of 1967 and/or the Virginia Freedom of Information Act of 1968 could prove to be extremely beneficial to your case. Virginia FOIA The Virginia Freedom of Information Act (FOIA) was established by the Virginia General Assembly and was enacted on July 1, 1968 to ensure that citizens have access to public records and meetings of public bodies.[1] The Virginia […]

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Pentagon Announces Final Rule Implementing CMMC, Effective November 10, 2025

Articles

On September 9, 2025, the Department of Defense (DoD) released its long-anticipated final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. After several years of proposals, public comments, and interim measures, the DoD has now solidified the framework for its revamped CMMC program. The goal: ensure contractors in the Defense Industrial Base (DIB) properly protect sensitive information, particularly Controlled Unclassified Information (CUI) and Federal Contract Information (FCI), while clarifying legal obligations, streamlining processes, and providing a phased implementation. The final rule introduces a phased, three-year implementation period that begins on November 10, 2025. At a basic level, the CMMC program changes the […]

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