Blogs

Business and Financial Services

Business Torts in Virginia: Alliance Technology Group LLC v. Achieve 1, LLC

Virginia business tort claims often rise or fall based on pleading standards, particularly in disputes involving former employees, trade secrets, and alleged business conspiracies. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains how the Eastern District of Virginia’s decision in Alliance Technology Group, LLC v. Achieve 1, LLC analyzed claims involving breach of fiduciary duty, tortious interference, conspiracy, trade secret…

March 1, 2013

Construction

Construction Contracts: Avoiding Clashes and Irreconcilable Differences

Construction contracts often fail because the parties focus heavily on price and scope while overlooking the provisions that govern what happens when problems arise. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that poorly coordinated contract provisions can create conflicts involving payment timing, delay claims, indemnification obligations, insurance requirements, dispute resolution procedures, and change order…

March 1, 2013

Business and Financial Services

Virginia Non-Competition Law After Home Paramount

The Virginia Supreme Court’s decision in Home Paramount Pest Control Companies, Inc. v. Shaffer continued to reshape the enforceability of restrictive covenants well after the original 2011 ruling. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that Home Paramount established a stricter approach to evaluating the “function” element of non-compete agreements, making overly broad restrictions far more vulnerable to challenge. The…

March 1, 2013

Business and Financial Services

How to Protect Your Assets As a Business Owner

Business owners often assume that forming an LLC or corporation is enough to shield personal assets from business liabilities, but that protection can be lost if the entity is not maintained properly. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains that courts are more likely to “pierce the corporate veil” when owners fail to treat the business as a separate legal entity. The article highlights several important…

February 1, 2013

Divorce and Family Law

Separated But Not Divorced: Don’t Wait to Update Your Estate Plan

Separation alone does not automatically remove a spouse from an estate plan, which means delaying updates can create serious unintended consequences if one spouse dies before the divorce is finalized. In this Bean, Kinney & Korman article, the analysis explains that under Virginia law, a separated spouse may still retain inheritance rights, elective share rights, and authority under existing powers of attorney until a divorce decree is entered. The article notes that individuals who are…

February 1, 2013

Tax Law

Tales from the Cliff: Estate Planning Policy for 2013 and Beyond

The “fiscal cliff” legislation enacted at the beginning of 2013 created more certainty for estate planning than many practitioners expected, but it did not eliminate the need for continued planning. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, the analysis explains that the American Taxpayer Relief Act of 2012 permanently set the federal estate, gift, and generation-skipping transfer tax exemption at $5 million per person, indexed for…

February 1, 2013

Construction

Lien Rights of Lenders and Landlords – Part I

Commercial real estate landlords and the lenders for their tenants have competing interests with respect to the tenant’s personal property located at the demised premises. The landlord is looking to secure the tenant’s rental obligations by taking a lien against the tenant’s fixtures, inventory, and equipment located in the space, which may be particularly valuable…

January 29, 2013

Employment Law

Using Consumer Reports as a Pre-Employment Screening Tool

Employers choosing to utilize the consumer report or “credit report” as a method of evaluating potential employees face a myriad of legal pitfalls. Both the Fair Credit Reporting Act and Title VII of the Civil Rights Act of 1964 provide guidelines employers should follow to avoid potential legal liability. The usage of consumer reports as…

January 24, 2013

Employment Law

EEOC Discusses How Not Being Able to Graduate from High School Could Be Considered a Disability

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with disabilities. The act was amended by the ADA Amendments Act (ADAAA) of 2008 with final regulations being issued in March 2011. A significant change in the ADAAA was an expanded definition of “disability.” For an impairment to be considered a disability…

January 3, 2013

Business and Financial Services

Why the Law is Not a Vehicle for Vengeance

Business disputes can escalate quickly when parties act out of resentment or personal animus rather than focusing on the actual legal issues in dispute. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains how the Fairfax Circuit Court’s decision in Applied Training Solutions, LLC v. Pillsbury demonstrated that courts still expect parties to act in good faith, even in contentious employment and business breakups. The article discusses how…

January 1, 2013