博客:意见 & 观察

Restrictive Covenants Prohibiting Short-Term Rentals Upheld by Virginia Court of Appeals

2024年3月7日

比如Air B等网站上列出的短租房&B and VRBO are becoming more and more common across the Commonwealth. 然而，短期租赁存在争议.  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.  另一方面，许多短租...

“Employee” and “Employer” – Critical Terms to Understand When Reviewing a Workers’ Compensation Claim

2023年12月14日

Understanding the meanings of “employee” and “employer” under the Virginia Workers’ Compensation Act (“the Act”) is crucial in determining whether the Act applies.  该法案仅适用于拥有三名或三名以上员工的企业.  If the injured worker was working for a business with less than three employees regularly in service, 他/她的伤害不在该法的赔偿范围内, 他/她不能享受工伤补偿福利.  某些业务...

Contractor Mistakes: Legal Options for Virginia Homeowners Seeking Remedies

2023年12月5日

When homeowners find themselves dealing with the aftermath of a contractor's subpar or incomplete work, 这可能是一次伤脑筋的经历, 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.因此，关于...

Groff v. DeJoy: The Supreme Court Changes the Rules for How Employers Must Accommodate Religious Beliefs

2023年11月8日

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, 除非这样做...

土地征用权与碳捕获技术

2023年10月27日

在应对气候变化威胁的持续努力中, 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.碳捕获技术...

名称，图像和相似:发生了什么?

2023年10月16日

你们可能还记得, roughly two years ago we witnessed an increase in the discussion surrounding “Name, Image, 和相似”(“零”)在大学体育. 催化剂来自具有里程碑意义的美国.S. 最高法院案件NCAA诉. 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. 详细讨论...

私人道路维修协议的好处及条款

2023年10月2日

你想过不寻常的生活吗? Have your own little piece of heaven out past where the paved road ends? If so, 你必须想办法到达那里, and not living on a publicly maintained road may involve the far less romantic reality of a private road maintenance agreement. 如果你需要穿过别人的地盘进入你的家, then you may be looking at obtaining an access or ingress/egress easement across that other...

The Importance of Title Insurance Policy Endorsements in Commercial 房地产 Transactions

2023年9月6日

Most buyers and lenders engaging in commercial real estate transactions understand that title insurance is needed to protect their respective interest in the title to the property, 但是不要停下来详细地思考什么是覆盖或, 也许更重要的是, what is not covered but could be with a few well-chosen policy endorsements. Some buyers and lenders who have certain endorsements on their checklists do not know or understand the large...

New Controversial 维吉尼亚Law Aimed at Easing Broadband Expansion Challenged by Railroads

2023年7月31日

One of the goals of the recent federal investment in infrastructure is ensuring universal broadband internet access.  While the Virginia General Assembly was largely quiet on the eminent domain front this year, 它确实通过了一项法案，以帮助促进宽带扩展的努力.  However, the new law has already come under challenge by a group of railroads, who argue, 除此之外, 法律没收了他们的财产却没有给予足够的赔偿.The...

Civil Liability for Property Damage, Death, or Injury Near Waterfront Property

2023年7月7日

One commonly asked question regarding waterfront property ownership is the extent of civil liability for property damage, injuries, or death occurring in the waterways adjacent to or on the property.  The answer to this question involves a complex interplay between Virginia state law (tort law) and federal law (admiralty and maritime law).  This article aims to provide a comprehensive understanding of the liability considerations for waterfront property...