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With the Demise of the Chevron Doctrine, Will the FTC’s Ban on Non-Competes...

On May 7, 2024, the Federal Trade Commission (“FTC”) published its final Non-Compete Clause Rule (“Final Rule”) making it an “unfair method of competition,” in violation of Section 5 of the Federal...

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Negotiating the Exit in a Business Divorce

Negotiating an exit in a business divorce can be one of the most critical phases of the entire process. Somewhat like a conventional divorce, business divorces involve complex financial, operational,...

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New Virginia Higher Ed Laws: A Significant Shift in College Admissions

On July 1, 2024, Virginia ushered in a new era in higher education in the Commonwealth with the implementation of groundbreaking legislation that bans legacy preferences in college admissions. The...

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Raising Money; Paying Finder’s Fees to Unregistered Broker-Dealers Can Be Risky

We’re occasionally asked if it’s a good idea for issuers to pay unregistered “finders” fees in exchange for connecting potential investors in conjunction with private securities offerings. “No,” is...

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Some Things a Non-profit Should Never Do

Lawyers are quite good at putting the fear of God into their clients and friends. This tendency has even been reduced to the catchy term of laying out the “Parade of the Horribles.” In reality, for...

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Data Center Shake-Up: New Rules and Hotspots in Virginia

Data centers have become a significant facet of the technological landscape, particularly in regions like Northern Virginia, which hosts a substantial portion of the world’s data infrastructure. The...

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OSHA Proposes New Heat Injury and Illness Protections for Workers

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) gave notice of proposed rulemaking titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.”  The...

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Financial and Tax Implications in a Business Divorce

In the complex landscape of business divorces, understanding the financial and tax implications is crucial. These considerations can significantly impact both the immediate settlement and the...

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Pay Transparency: Key Insights for Employers in the DMV

In today’s evolving workplace landscape, pay transparency has emerged as a critical topic for employers and employees alike. But what exactly is pay transparency, and why does it matter? Pay...

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Zoning Laws in Focus: Understanding the Arlington County Missing Middle...

The recent lawsuit against Arlington County’s “Missing Middle” Housing policy has brought the complexities of zoning and land use regulations into sharp focus. As Arlington seeks to address its...

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Courts Issue Mixed Rulings in Legal Challenges to FTC’s Ban on Non-Competes....

Recently, I had the pleasure of giving a virtual presentation along with my BKK colleague, Mark Viani, covering a number of significant recent workplace changes, including the FTC’s new Non-Compete...

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Operational and Logistical Considerations in a Business Divorce

Navigating the operational and logistical challenges of a business divorce can be as complex as the legal and financial aspects. Properly managing these elements is crucial to ensure a smooth...

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Unlock Development Opportunities with Fairfax County’s 2025 SSPA Plan...

Fairfax County’s 2025 Site-Specific Plan Amendment (SSPA) process is set to launch soon, presenting a significant opportunity for property owners and developers to influence the future land use of...

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Mini-COBRA Laws in Virginia, DC, and Maryland: What Small Business Employers...

As small business employers and benefits managers, staying compliant with employment laws is a key part of your success. One area that deserves special attention is health insurance continuation...

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Will Virginia’s New Massive Education Union Influence K-12 and College Labor...

The recent news about the formation of a massive education union in Fairfax County, Virginia, near Washington, D.C., driven by the merger of several large labor groups, marks a significant moment for...

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Best Practices for Terminating Remote Workers in Virginia

The rise of remote work has fundamentally reshaped the modern workplace, offering unprecedented flexibility and access to talent across geographic boundaries. However, this shift introduces new...

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Business Owners: Yes You Still Need to Disclose Who Owns Your Company

Reminder that ALL “Reporting Companies” must file their Beneficial Owner Information Report (“BOIR”) by 12/31/24.  The Corporate Transparency Act (“CTA”) is a broad new law requiring filing a BOIR...

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Employers: Be Careful What You Say About a Former Employee. Inflammatory...

U.S. employers continue to face significant risks from claims of unlawful workplace retaliation under federal law, including Title VII of the Civil Rights Act and the Fair Labor Standards Act (FLSA)....

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Phantom Stock Plans for LLCs

Attracting and retaining top talent often requires innovative compensation strategies. Multi-member LLCs are flexible but can also be complex. Founders and executives often wish to reward...

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What Every Buyer and Builder Should Know About Virginia’s Implied Warranty on...

When purchasing or selling a “new” home in Virginia, it’s crucial to understand the legal protections and obligations that come into play. One such critical aspect is the implied warranty provided...

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