Blogs

Business and Financial Services

Restrictions in Franchise Agreements Narrowly Construed

Courts continue to interpret restrictive provisions in franchise agreements narrowly, particularly when enforcement depends on precise contractual language such as whether an agreement was “terminated” or simply expired. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains how that distinction proved decisive in Hamden v. Total Car Franchising Corp., where most post-agreement restrictions were deemed unenforceable because the agreement…

September 2, 2014

Business and Financial Services

The Eight Corners Rule and the District of Columbia

The “eight corners rule” can determine whether an insurer must defend a claim in the District of Columbia by limiting the coverage analysis to the allegations in the complaint and the language of the insurance policy itself. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, Jennifer O. Schiffer explains that insurers generally cannot rely on outside evidence and instead must evaluate the duty to defend based only on the complaint’s “four corners” and the…

September 2, 2014

Employment Law

Splits Are Not the Best for Business: Uncertainty after Conflicting Decisions on the Scope of Obamacare Subsidies

The recent decisions by the Fourth Circuit and the D.C. Circuit address a controversy that could have far-reaching consequences for the Patient Protection and Affordable Care Act (the “ACA”). Under the ACA, states and the District of Columbia are authorized to establish health insurance market places (“exchanges”) where each state’s citizens may purchase health insurance.…

August 18, 2014

Estate Planning

New Investment Thinking for Trustees?

Traditional trust investment strategies often emphasize preserving assets through cautious, low-volatility investing, but that approach may not always best serve beneficiaries over time. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, Jonathan C. Kinney and Jennifer O. Schiffer examine whether trustees should rethink conventional investment models and consider more growth-oriented strategies when managing trust assets. The piece explores how…

August 4, 2014

Estate Planning

Thinking of Moving to Florida? Maybe a Little Further South is a Better Option

Puerto Rico’s tax laws can offer substantial advantages for certain individuals and business owners willing to relocate, but those benefits depend on meeting strict residency and income-sourcing requirements. In this Bean, Kinney & Korman article, Jonathan C. Kinney and Samuel J. Banks explain how Puerto Rico’s Act 20 and Act 22 incentives may reduce taxes on active income, passive income, and certain capital gains for qualifying residents. The piece walks through the practical legal standards…

August 4, 2014

Business and Financial Services

Tortious Interference in Virginia – Improper Methods Requirement

Virginia law imposes a critical additional hurdle for certain tortious interference claims: proof of “improper methods” beyond mere interference. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that while traditional elements of tortious interference include a valid contractual relationship, knowledge, intentional interference, and resulting damages, courts require a fifth element—improper conduct—when the underlying contract is…

July 1, 2014

Construction

Look! Up in the Sky! It’s a…Plane!: Proposed FAA Policy Could Affect Building Heights

The Washington, D.C. metropolitan area has no shortage of airplanes flying over the region. There is also no shortage of developers and landowners who want to create the region’s landmark buildings and skyscrapers which may fall within flight paths. These developers would rightfully be concerned that the Federal Aviation Administration (FAA) is proposing a change…

June 20, 2014

Construction

Rules for Local and Out-of-State Construction Companies

The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state, or municipal level, set-aside programs exist to give small, local, and other discrete businesses the ability to compete for lucrative construction contracts. Efforts to support local…

June 12, 2014

Construction

New Tools in the Zoning Game

As of July 1, 2014, Virginia landowners will have a new tool to use in the zoning game. On April 6, 2014, Governor McAuliffe signed SB 578 into law. The bill provides a damages remedy for applicants seeking zoning or subdivision approvals and who are faced with accepting the imposition of unconstitutional conditions as the…

June 3, 2014

Estate Planning

A Contrarian View on Bypass Trusts

Bypass (or credit shelter) trusts have long been a cornerstone of estate planning for married couples seeking to maximize estate tax exemptions, but changes in federal law have shifted that analysis. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains that the introduction of portability—allowing a surviving spouse to use a deceased spouse’s unused estate tax exemption—reduces the necessity of bypass trusts in many cases.…

May 12, 2014