The Library

The Surface Transportation Board (“STB”) issued a Notice of Proposed Rulemaking (“NPRM”) in a new sub docket of Ex Parte 711 (Sub. No. 2), regarding open access a.k.a. competitive switching rules. Comments on the proposal are due October 23, 2023; Reply comments are due November 21, 2023. The summary below provides some high-level points, but the decision is lengthy, highly detailed, and subject to further analysis (particularly with respect to the detailed discussion of performance standards). This decision closes Docket No. EP 711 (Sub-No. 1) and proposes, in a new subdocket, a new set of regulations that would provide for […]

By Matthew W. Broughton, Jared A. Tuck, and Summer Associate Joshua R. Justus It can be easy to ignore the worst case scenario until it actually happens, and when it does, you don’t want to be left wondering what you could have done differently. Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) act like a safety net for you and your family if you are involved in a collision with a motorist who either: doesn’t have any motor vehicle insurance or doesn’t have enough insurance to cover your damages.  It is common for survivors and surviving family members of […]

AI tools undoubtedly offer benefits in the recruitment and hiring process; however, the use of AI screening tools when making employment decisions comes with associated risks. One significant risk is that an employer may unintentionally violate federal anti-discrimination laws if the AI tool disproportionately screens out individuals in protected classes and the employer is unable to justify the exclusion as sufficiently job-related and consistent with business necessity. The increasing popularity and use of AI tools in the recruitment and hiring process has caught the attention of the Equal Employment Opportunity Commission (EEOC), and it has begun to aggressively target AI […]

This article appeared in the Summer 2023 issue of the VBA Young Lawyers Division’s Opening Statement. By Jared A. Tuck[1] The COVID-19 pandemic forced law firms around the world to transition their practices online.[2] Now, although courts have largely resumed their regular, in person proceedings,[3] many lawyers and firms have kept tools from the pandemic in their toolbox. One such popular practice is the continued use of remote platforms for depositions. Recognizing that remote depositions are here to stay, this article provides an overview of the following: (1) the law on remote depositions, (2) the advantages and disadvantages of remote […]

During the 2022 Session, the Virginia General Assembly passed SB 550, which prohibited the application of contingent payment clauses (known as “pay-if-paid” clauses) under most circumstances. The bill also established prompt payment clauses for prime contracts and subcontracts on private projects. Virginia’s Prompt Payment Act was formerly applicable only to public projects. The legislative process during the 2022 session did not result in a consensus among stakeholders concerning the appropriate statutory language. This is a link to the final language of the bill, which was very different from the original bill, or the first substitute presented in committee. The bill […]

From The Fee Simple. Published July 2023.

The Clean Water Act[1] (CWA) prohibits the discharge of pollutants into navigable water, which is defined in the CWA as “waters of the United States” (WOTUS). For decades, the definition of WOTUS has been a moving target. On May 25, 2023, the U.S. Supreme Court (SCOTUS) may have settled this debate in its Sackett v. Environmental Protection Agency decision where the Court narrows the U.S. Army Corps of Engineers (USACE) and Environmental Protection Agency’s (EPA) jurisdiction to regulate wetlands under the CWA.[2] Sackett establishes that in order for the federal agencies to exercise jurisdiction over an adjacent wetland, a party […]

As we have reported over the past five months, read here, the Biden Administration is continuing to orchestrate a frontal assault on noncompete agreements, while at the same time trying to change the rules on a going forward basis.  This article provides a short update on the latest federal agency actions, including a new opinion released by the NLRB’s General Counsel and the status of the FTC’s Draft Rule, recent state law changes, and an important reminder that employment relationships are fiduciary in nature and are supposed be based on “integrity and fairness” which is a concept that swings both […]