Business Law Newsletter

Bean, Kinney & Korman, P.C. writes, edits and publishes a Business Law Newsletter devoted to business issues and other matters of interest to our clients.  Published in January, March, May, July, September and November of each year, it is offered of no charge to clients and friends of the firm and is designed to highlight current events in business related law, and to acquaint our clients and friends with updated legal concepts and principles.  Past issues are made available with the understanding that they are not offered as specific legal advice, and that the facts and opinions set out therein may be, or may become out dated with the passage of time.

May 2013 - Volume 13, Issue 3

• Subpoenas: What Are They and What Do You Do If You or Your Business Receives One?
• Sequestration and the Continuing Resolution's Effect on Government Contracting
• New I-9 Creates Risk for Employers

March 2013 - Volume 13, Issue 2

• Business Torts in Virginia
• Virginia Non-Competition Law After Home Paramount
• 2013 Mileage Rates Alert

January 2013 - Volume 13, Issue 1

• Written Contracts and the Statute of Limitations
• Website Owners: Who is Liable for Third Party Postings on Your Website?
• Business Tort Brings Sanctions

November 2012 - Volume 12, Issue 6

• Distinguishing Between Non-Competition Agreements in Employment Agreements and Those in the Sale of a Business
• Advantages and Disadvantages of a Partnership

September 2012 - Volume 12, Issue 5

• Enforceability of Waivers of Prospective Liability
• Copyright Law 101

July 2012 - Volume 12, Issue 4

• Tax Law: Important Tax Developments from the First Quarter of 2012
• Alert for Trademark Owners: Trademark Monitoring and Registration Scams

May 2012 - Volume 12, Issue 3

• Tax Law: Preparing for the New Tax on Investment Income
• Old Law Wins a New Case
• Meet Our Attorneys: Ashley R. Dobbs

March 2012 - Volume 12, Issue 2

• 10 Common Mistakes That Can Doom an Acquisition Buyer's Prospective
• Tax Law: Engaging Appraisers for Closely-Held Business Interests

January 2012 - Volume 12, Issue 1

• Finality of Orders
• Virginia Supreme Court Limits Transfers of LLC Membership Interest

November 2011 - Volume 11, Issue 6

• Tax Law: IRS Announces New Settlement Procedure For Workers Misclassified as Independent Contractors
• Non-Competes in Virginia Civil Settlement Agreements
• Meet Our Attorneys - Jennifer A. Brust

September 2011 - Volume 11, Issue 5

• Non-Competition Agreements and Independent Contractors
• Red Shoe Diaries – Trademark Edition

July 2011 - Volume 11, Issue 4

• TAX LAW: Tax Consequences of Contributing Property to a Corporation
• Billions At Stake For Copyright Holders in Digital Music Royalty Lawsuit
• Meet Anthony E. Cooch

May 2011 - Volume 11, Issue 3

•  James V. Irving ("Jim") and Phil W. Jaeger of Bean, Kinney & Korman, P.C. Represent Base Technologies, Inc. in its Sale to CA Technologies

March 2011 - Volume 11, Issue 2

• Trademark Bullying or Proper Protection? - The Battle over "FOR THE CURE"
• The Arrogant Car Salesman
• TAX LAW: Beware the 100% Trust Fund Penalty

January 2011 - Volume 11, Issue 1

•  TAX LAW: 2010 Tax Relief Act Has Far-Reaching Consequences
• The Substantially Prevailing Party
• The Ninth Circuit Speaks Out On (and "Clarifies") the First Sale Doctrine

November 2010 - Volume 10, Issue 6

•  Health Savings Accounts
• THE USPTO Answers the Call to Trademark Bullying
• To Protect Your Business From Employees Who Leave - Require a Non-compete Provision in Employment Contracts

September 2010 - Volume 10, Issue 5

• Restrictive Covenant as a Restraint of Trade
• TAX LAW:  Health Care Tax Credits, Penalties and "Cadillac" Plans
• Proper Use in Commerce of a Trademark - A Call to Avoid Token Use

July 2010 - Volume 10, Issue 4

• Selling Your Business in 2010 When Federal Tax Rates Are Still Low
• Sexual Discrimination In The Workplace - Hostile Environment
• TAX LAW: Recent Tax Developments

May 2010 - Volume 10, Issue 3

• TAX LAW: "Economic Substance"Test Enacted as Part of Health Care Law
• Personal Guarantees
• Employees and Independent Contractors

March 2010 - Volume 10, Issue 2

• The Dead Man's Statute
• TAX LAW  Beware: IRS to Commence Intensive Employment Tax Audits
• Notice Pleading
• Meet Our Attorneys - William C. Groh

January 2010 - Volume 10, Issue 1

• FIN 48: Will this be the Feared Road Map for IRS?
• One More New Year's Resolution
• Feeling the Effect of Someone Else's Filing?

November 2009 - Volume 9, Issue 6

• Remedies for Breach of Non-Competition Agreements
• Non-Competition in State Courts
• Latest Mechanics Lien Malpractice Trap:  No Perfection Without "Statement of Intent"
• Meet Our Attorneys - David A. Temeles, Jr.

September 2009 - Volume 9, Issue 5

• Business Torts
• Employment Termination
• Intellectual Property
• Meet our Attorneys - Raighne C. Delaney

July 2009 - Volume 9, Issue 4

• Prudent Director Conduct
• Fences, Rules & Neighbors
• ASHCROFT v. IQBAL
• Meet Our Attorneys

May 2009  - Volume 9, Issue 3

• Piercing the Corporate Veil
• Effectiveness of Arbitration Agreements
• Residential Mortgages and Underwater Properties
• Meet Our Attorneys

January 2009 - Volume 9, Issue 1

• Family Limited Partnership and Family Limited Liability Company Valuation Discount Planning
• Tax Law Change
• Virginia Legislative Updates
• Meet Our Attorneys

September 2008 - Volume 8, Issue 5

• Non-Signatories Bound by Contract's Arbitration Case
• Square Deal in Norfolk
• Trademark Infringement

July 2008 - Volume 8, Issue 4

• Additional Immigration Related Compliance Obligations Imposed on Federal Contractors
• Upon Termination of Employment, Are you Required to Pay For Accrued But Un-used Vacation Time
• Non-Competition Agreements - Doctors

May 2008 - Volume 8, Issue 3

• Business Torts
• Limited Liability Companies
• Defamation Suit Over Blog

March 2008 - Volume 8, Issue 2

• Prenuptial Agreements: Acts of Distrust or Strategic Wealth Management?
• New Changes Likely for Area Homeowners' Associations
• Defamation and Public Officials

January 2008 - Volume 8, Issue 1

• Blue Pencil Provision May Defeat Non- Competition Agreements
• Enhanced Eligibility for Unemployment Benefits
• Claims Between Partners
• General District Court Jurisdiction

November 2007 - Volume 7, Issue 6

• Tax Law - Year-end Planning
• Change in VA Grantor Tax
• New I-9 Requirements for Employers

September 2007 - Volume 7, Issue 5

• Tax Law Code Section 409A
• New Focus on I-9 Enforcement and Social Security No. Match Letters

July 2007 - Volume 7, Issue 4

• Service Disabled Veterans
• Common Mistakes in Selecting a Business Name, Part 2
• Corporate Shareholders

May 2007 - Volume 7, Issue 3

• The Perils of Electronically Stored Information
• Common Mistakes in Selecting a Business Name
• Jury Verdict for BKK Client

March 2007 - Volume 7, Issue 2

• Buyer of Government Contractors
• Accessing Employment Practices
• Saloonkeeper Liability

January 2007 - Volume 7, Issue 1

• Non-Competition Agreements
• Employment Discrimination Issue
• Mechanic's Liens Standards Strictly Construed

May 2006 - Volume 6, Issue 3

• Limited Liability Companies
• Consent to Contract
• Indemnification Agreements

March 2006 - Volume 6, Issue 2

• Statute of Limitations Exceeded
• Words of Apology By Medical Practitioners
• Doctors' Immunity Revisited

January 2006 - Volume 6, Issue 1

• Arbitration Awards
• Sanctions for Unsupported Pleadings
• Meet Our Attorney: Philip Winchester Jaeger
• Fair and Accurate Credit Transaction Act of 2003

November 2005 - Volume 5, Issue 6

• The Protection of Trade Secrets
• New Overtime Rules
• Meet Our Attorney: Mitchell B. Weitzman
• Non-Competition in Government Contracts
• Divorce Privacy Act

September 2005 - Volume 5, Issue 5

• Realtors Fiduciary Duty
• Alexandria City Council Adopts Major Innovation Business Tax Relief, Reform and Simplification
• Meet our Attorney:  Charles B. Thomas
• Piercing the Corporate Veil

July 2005 - Volume 5, Issue 4

• Lessons from Morgan Stanley
• The Battle Over Internet File Swapping, Part 2 - TKO
• Traffic Stops

May 2005 - Volume 5, Issue 3

• Bankruptcy Reforms: Residential Landlords
• The Battle Over Internet File Swapping
• Virginia Civil Procedures
• Gambling on Gambling
• Standard Mileage Rates

March 2005 - Volume 5, Issue 2

• Blackberry Wars
• You Haven't Got Mail
• Modification to Leases Through Course of Conduct Waiver & Estoppal

January 2005 - Volume 5, Issue 1

• Summary of Certain Provisions of the American Jobs Creation Act of 2004
• Tax Reform and Simplification for U.S. Businesses
• Other Offsetting Revenue Provisions
• Non-qualified Deferred Compensation Changes

November 2004 - Volume 4, Issue 6

• New Guidelines for Credit Card Compliance
• State Department Green Card Lottery
• Obligations of Nursing Homes and Assisted Living Facilities
• Meet Our Lawyer:  Frederick R. Taylor
• The Duty of Loyalty

September 2004 - Volume 4, Issue 5

• Department of Labor Revises Overtime Regulations After 50 Years
• Non-Solicitation Agreements
• BKK Areas of Practice and the Particular Focus of Each BKK Attorney

July 2004 - Volume 4, Issue 4

• Letters of Intent
• Volunteer Protection Act
• Tenancies in the Entireties
• Selection of Trademarks and Service Marks

May 2004 - Volume 4, Issue 3

• Tax Traps for Realtors
• Business Conspiracy Remedies Limited
• LLC's: Remedies for Deadlock
• Passage of HB 5018 Heralds the Repeal of Virginia's Estate Tax

March 2004 - Volume 4, Issue 2

• Employment Discrimination Law
• Electronic Contracting in Virginia
• The Internet and Jurisdiction, Part 2

January 2004 - Volume 4, Issue 1

• The Internet and Jurisdiction
• Electric Contracting in Virginia
• The Internet and Jurisdiction, Part 2

September 2003 - Volume 3, Issue 5

• Piercing the Corporate Veil
• Confidentiality of News Sources
• Non-competition Clause held Unenforceable

July 2003 - Volume 3, Issue 4

• Ownership of Web Sites and Software Applications
• Virginia Anti-Spam Laws
• Cyber-Griping

May 2003 - Volume 3, Issue 3

• Premises Liability
• Retail Franchising
• ABC

March 2003 - Volume 3, Issue 2

• Business Torts
• Sub Chapter S Corporations
• Defamation
• Meet Our Lawyer: Carol Schrier-Polak

January 2003 - Volume 3, Issue 1

• Intellectual Property Audits and Protection of Trade Secrets
• Non-competition Agreements
• Conspiracy and Tortious Interference With a Business Contract
• Meet Our Attorney:  Jonathan C. Kinney

November 2002 - Volume 2, Issue 6

• Another Look at Accord and Satisfaction in Virginia
• James W. Korman Elected Fellow of Virginia Law Foundation
• A Tortious Interference with Business Expectancies - The Noerr-Pennington Doctrine
• Satire and Defamation
• Meet Our Lawyers:  Leo S. Fisher

September 2002 - Volume 2, Issue 5

• Business Audits Allow Business As Usual
• Marital Property - What is it?
• Meet Our Lawyers:  James W. Korman

July 2002 - Volume 2, Issue 4

• Estate Planning Alert
• Sexual Harassment
• Unauthorized Practice of Law
• Tax Liens on Jointly Held Property
• Identification Requirements for Notaries
• Meet Our Lawyers:  Joseph P. Corish

May 2002 - Volume 2, Issue 3

• Corporate Director Conduct: Duties of Loyalty and Care
• Emergency Points if a Divorce is Impending

March 2002 - Volume 2, Issue 2

• Marriage, Divorce and Your Business
• The Ins and Outs of Confession of Judgment Provisions
• Arbitration and Contract Interpretation

January 2002 - Volume 2, Issue 1

• Accord and Satisfaction Revisited
• News from the District of Columbia
• Real Estate Issues: Housing Discrimination
• Internet Law

November 2001 - Volume 1, Issue 1

• Accord and Satisfaction
• Respondeat Superior
• Intellectual Property

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