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  • Article

    Supreme Court Simplifies Employer Obligations For FLSA Exemption Compliance

    The U.S. Supreme Court recently clarified the standard of proof employers must meet to establish that workers are exempt from the Fair Labor Standards Act ("FLSA") overtime requirements.
    United StatesEmployment and HR
    Pender & Coward
    Pender & Coward
  • Article

    Are Words Alone A Violation Of Fourth Amendment Protections Against Unreasonable Seizures?

    In January 2023, a federal jury delivered a decisive verdict in Nazario v. Gutierrez largely vindicating the conduct of Windsor, Virginia police officers Daniel Crocker and Joesph Gutierrez...
    United StatesCriminal Law
    Pender & Coward
    Pender & Coward
  • Article

    Understanding How A Survey Enhances The Real Estate Closing Process

    Commercial 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...
    United StatesReal Estate and Construction
    Pender & Coward
    Pender & Coward
  • Article

    New Tort Law In Virginia Redressing The Nonconsensual Creation And Dissemination Of Private Images

    More than ever, courts are grappling with the digital age and its unique ability to abet sexual harassment.
    United StatesEmployment and HR
    Pender & Coward
    Pender & Coward
  • Article

    Benefits And Terms Of Private Road Maintenance Agreements

    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...
    United StatesReal Estate and Construction
    Pender & Coward
    Pender & Coward
  • Article

    Is Your DEI Strategy 2025 Compliant? What HR Professionals Need To Know Right Now

    If you've been feeling overwhelmed by the recent whirlwind of changes around Diversity, Equity, and Inclusion (DEI), you're not alone.
    United StatesEmployment and HR
    Pender & Coward
    Pender & Coward
  • Article

    In Newport News School Board V. Z.M. The Supreme Court Of Virginia Leaves No Doubt That Sovereign Immunity Is "Alive And Well" For School Boards Across The Commonwealth Of Virginia

    In the 1960 case of Kellam v. School Board of the City of Norfolk, the Supreme Court of Virginia affirmatively held that school boards are protected from suit for tortious claims by the doctrine of sovereign immunity.
    United StatesLitigation, Mediation & Arbitration
    Pender & Coward
    Pender & Coward
  • Article

    Suggested Provisions For Forbearance Agreements

    When 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...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pender & Coward
    Pender & Coward
  • Article

    2026 Midsession Virginia Legislative Update

    Today, February 18th, is Crossover Day! This is the day when the Virginia House of Delegates and Virginia Senate...
    United StatesReal Estate and Construction
    Pender & Coward
    Pender & Coward
  • Article

    Va. Code § 8.01-626: Appealing Adverse Immunity Rulings On An Expedited Basis

    Virginia Code § 8.01-626 provides a mechanism for bypassing the typically lengthy appeals process for certain types of cases and decisions.
    United StatesLitigation, Mediation & Arbitration
    Pender & Coward
    Pender & Coward
  • Article

    Virginia's AI Bill Veto: What Does This Mean For Virginia Businesses?

    In a decision that has sparked widespread discussion, Virginia Governor Glenn Youngkin recently vetoed HB 2094, a bill aimed at regulating artificial intelligence (AI) and addressing concerns about algorithmic...
    United StatesTechnology
    Pender & Coward
    Pender & Coward
  • Article

    The Future Of Non-Compete Agreements: FTC's Final Rule And Its Implications

    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...
    United StatesEmployment and HR
    Pender & Coward
    Pender & Coward
  • Article

    Name, Image, And Likeness: What Is Going On – Part 2

    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.
    United StatesMedia, Telecoms, IT, Entertainment
    Pender & Coward
    Pender & Coward
  • Article

    Fourth Circuit Draws The Line On Student Cell Phone Searches: O.W. v. Carr

    The Fourth Circuit's newly issued decision in O.W. v. Carr, Record No. 24-1288 (April 9, 2026) marks one of the most important student-search cases in decades – particularly as schools grapple with the realities of smartphones in the classroom
    United StatesLitigation, Mediation & Arbitration
    Pender & Coward
    Pender & Coward
  • Article

    "Employee" And "Employer" – Critical Terms To Understand When Reviewing A Workers' Compensation Claim

    Understanding the meanings of "employee" and "employer" under the Virginia Workers' Compensation Act ("the Act") is crucial in determining whether the Act applies.
    United StatesEmployment and HR
    Pender & Coward
    Pender & Coward
  • Article

    Why Every Real Estate Investor Should Consider An LLC For Rental Properties

    If you own a rental home or two, your personal assets might be more exposed than you think. Around one in three homes in Virginia is rented...
    United StatesReal Estate and Construction
    Pender & Coward
    Pender & Coward
  • Article

    Your Marriage May Be Over: How To Prepare For Meeting With A Divorce Attorney

    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.
    United StatesFamily and Matrimonial
    Pender & Coward
    Pender & Coward
  • Article

    Can I Recover Damages If A Dam Removal Causes My Lake Or River To Disappear?

    When a dam is removed in Virginia, waterfront property owners may face devastating losses as artificially created lakes and rivers disappear, potentially reducing property values by over 20%. A recent federal court ruling addresses whether these homeowners have legal recourse against dam owners who lawfully remove aging structures, returning waterbodies to their natural state.
    United StatesReal Estate and Construction
    Pender & Coward
    Pender & Coward
  • Article

    Meetings Under The Virginia Freedom Of Information Act

    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...
    United StatesLitigation, Mediation & Arbitration
    Pender & Coward
    Pender & Coward
  • Article

    When One Policy Doesn't Fit All: Managing Multistate Employment Law Patchwork

    It used to be that a Virginia employer with a Virginia workforce could manage its people using a single set of policies. Those days are gone.
    United StatesEmployment and HR
    Pender & Coward
    Pender & Coward

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