Retailers & Restaurateurs

Overview

While facing challenges common to other business enterprises, retail merchants and restaurateurs have particular needs for legal services that start with an understanding of how they operate, what they need to operate effectively and what can threaten their profitability or put them out of business altogether.

Our Clients

Bean, Kinney & Korman counts among its valued clients many who are retailers and restaurant operators in Virginia, Maryland and the District of Columbia, including:

• supermarkets
• specialty wholesalers and retailers
• dry cleaners
• white tablecloth and fast casual restaurants
• multiple franchise operations
• food wholesalers
• fitness centers and health clubs
• dance and cooking schools
• optical centers
• hair salons
• nightclubs
• caterers

Legal Services for Retail Establishments and Restaurants

In addition to the organizational and transactional services that most businesses need, we have worked closely with owners of retail shops and restaurants to counsel them on leasing, zoning, construction, employment law, business acquisition and sale, and litigation matters. Our attorneys are committed to being responsive and informed given our familiarity with the unique aspects of our clients’ businesses.

For our Northern Virginia restaurateurs who serve alcoholic beverages, we provide knowledgeable and experienced counsel on regulatory matters, including licensing and response to enforcement actions.

Publications

• Pandemic-related legal battles changing how we work in Greater Washington and beyond
  Washington Business Journal, April 8, 2022
• Franchise FAQs
  January 24, 2022
• Supervisors support consolidation for storage facility expansion
  the Annandale Blog, July 28, 2021
• Recipeasly promised to ‘fix’ online recipes. After critics called it theft, the site shut down.
  The Washington Post, March 2, 2021
• Are We Partners?
  January 12, 2021
• Why You Should Consider Opting for Arbitration During the Coronavirus Pandemic
  American Bar Association - Practice Points, November 30, 2020
• Are California-Style Right of Recall and Worker Retention Laws Right for Virginia?
  LinkedIn, October 22, 2020
• New Employee Protections for Non-Payment of Wages Go Into Effect in Virginia
  July 21, 2020
• New Protections against Workplace Discrimination Based on Sexual Orientation, Gender Identity, and Pregnancy Now in Effect in Virginia
  July 21, 2020
• New Enhanced Whistleblower Protections for Virginia Employees Now in Effect
  July 21, 2020
• INSIGHT: Don’t Say This in the New Workplace
  Bloomberg Law, June 15, 2020
• Virginia Enacts New, Far-Reaching Employment Laws
  Arlington Chamber of Commerce Blog, June 3, 2020
• What Can Employers Ask and Do About Their Employee’s Health During the Coronavirus Crisis? Answers from the EEOC
  April 14, 2020
• Documentation and Recordkeeping: COVID-19 Paid Leave and Employer Paid Leave Tax Credits
  April 7, 2020
• SBA Paycheck Protection Loans under the CARES Act
  April 4, 2020
• Emergency Paid Leave Laws: DOL Issues Additional FAQs to Answer Employer Questions
  April 2, 2020
• CARES Act: Payroll Tax Benefits
  April 1, 2020
• Wages & Benefits Questions During the Coronavirus Business Downturn
  Arlington Chamber of Commerce Blog, April 1, 2020
• DOL Issues Second FAQs: Provides More Guidance to Employers on Paid Leave Laws
  March 30, 2020
• How Employers Can Obtain Timely Payment: Tax Credits Under Families First Coronavirus Response Act
  March 26, 2020
• Maryland COVID-19 Small Business and Nonprofit Assistance
  March 24, 2020
• Understanding the Available Tax Credits Under Families First Coronavirus Response Act
  March 23, 2020
• Trump Signs Law: U.S. Workers Get Expanded FMLA Leave and Paid Sick Leave
  March 19, 2020
• House Amendments to Families First Coronavirus Act – Mixed Bag for Employee Leave Benefits
  March 18, 2020
• Families First Coronavirus Response Act
  March 16, 2020
• SCC’s Increased Security Promises Greater Burdens for Users
  LinkedIn, December 12, 2019
• What Can I Ask Job Applicants? Some Basic Do’s and Don’ts
  LinkedIn, November 13, 2019
• New Virginia Law Requires Employer Disclosure of Requested Personnel Records
  October 3, 2019
• Employers Take Heed: DOL Reiterates You Cannot Delay FMLA Designation Beyond Five Business Days
  LinkedIn, September 18, 2019
• Deadlock Provisions in Agreements – Say No to the Rochambeau Method
  September 17, 2019
• Wage-Hour Mishap Creates Unsavory Stew for Prominent Restaurant Group
  LinkedIn, September 3, 2019
• The Best Defense Against FLSA Lawsuits for Unpaid Overtime
  Best Lawyers, August 9, 2019
• EEOC Report: Workplace Sexual Harassment Complaints are Up
  May 10, 2019
• Workplace Violence: 5 Key Practices Employers Should Consider
  Arlington Chamber of Commerce Blog, May 2, 2019
• Should I Franchise My Business?
  January 28, 2019
• DOL Explains When Employees Must Be Paid for Travel Time
  July 6, 2018
• How Much Can a Franchisee Expect to Earn – New Disclosure Guidelines for Franchisors
  November 21, 2017
• You Need What?: When Does Your Employee’s Request for More Leave Become Unreasonable Under the ADA?
  August 4, 2017
• Ten Things You Should Know When Buying an Existing Franchise Business
  November 9, 2016
• HR 101 from Abercrombie & Fitch
  BKK Business Law Newsletter, January 21, 2016
• Trade Secrets and Confidentiality
  BKK Business Law Newsletter, January 21, 2016
• A Tale of Two Cases: The Perils of Using Temporary Workers
  BKK Business Law Newsletter, January 13, 2016
• The Financial Risks to Employers of Misclassification of Employees as Independent Contractors
  BKK Business Law Newsletter, November 8, 2015
• Arlington County Board Approves the Retail Action Plan
  BKK Construction & Land Use Newsletter, September 1, 2015
• Arlington County Board Revisits the Retail Action Plan
  BKK Construction & Land Use Newsletter, March 3, 2015
• Redskins Trademark Cancelled – Q&A with Bean, Kinney & Korman
  June 19, 2014
• Common Copyright Mistakes Small Businesses Make
  BKK Business Law Newsletter, January 1, 2014
• Business Audits Allow Business As Usual
  October 22, 2013
• Proactive Steps to Protect Trade Secrets
  BKK Business Law Newsletter, September 1, 2013
• Severance Agreements: What Are They Good For?
  American Bar Association - Tort Trial & Insurance Practice Section Newsletter, September 1, 2013
• Administration Postpones Health Care Reporting and Penalties Until 2015
  Virginia Employment Law Journal, July 3, 2013
• Fourth Circuit Joins D.C. Circuit in Striking Down NLRB’s Employee Rights Notice Posting Rule
  BKK Business Law Newsletter, July 1, 2013
• SCOTUS Strikes Down DOMA – Employer Obligations in Virginia, D.C., and Maryland
  BKK Employment Law Newsletter, July 1, 2013
• Zoning Ordinance Revisions Affecting Arlington County’s By-Right Outdoor Cafés
  BKK Construction & Land Use Newsletter, June 1, 2013
• How to Protect Your Assets As a Business Owner
  BKK Wills, Trusts and Estates Newsletter, February 1, 2013
• Copyright Law 101: Your Guide to Copyright Law
  WebCents magazine, November 16, 2012
• Estate Tax Savings and Increased Creditor Protections When You Incorporate LLCS and Limited Partnerships into Your Estate Plan
  November 1, 2012
• Enforceability of Waivers of Prospective Liability
  BKK Business Law Newsletter, September 1, 2012
• Copyright Law: What Intellectual Property is Protected?
  Small Business Trends, September 1, 2012
• Alert for Trademark Owners: Trademark Monitoring and Registration Scams
  IP Frontline, June 1, 2012
• The Benefits of LEDs
  BKK Construction & Land Use Newsletter, February 1, 2010

Blogs

• EEOC Doubles Enforcement Effort Against Employers in FY2023
  Employment Law, Wednesday April 10, 2024
• Avoiding the “Sunk Cost Fallacy” in Legal Disputes
  Business Insights, Wednesday February 21, 2024
• What is a “Low Wage” Worker and Why It Matters to Virginia Employers
  Employment Law, Wednesday February 7, 2024
• Generative AI and Intellectual Property: Navigating the Trademark Terrain 
  Business Insights, Monday January 22, 2024
• When Stormy Weather Closes Your Business, Do You Still Have to Pay Your Employees?
  Employment Law, Monday January 22, 2024
• The Labyrinth of Civil Disputes: A Litigator’s Guide to Alternative Dispute Resolution (ADR)
  Business Insights, Tuesday January 16, 2024
• What is “Beneficial Ownership” under the Corporate Transparency Act?
  Business Insights, Monday January 8, 2024
• Generative AI and Copyright Law: The Future Awaits Deciphering
  Business Insights, Tuesday December 19, 2023
• The Employee’s Handbook to Holiday Work
  Employment Law, Thursday December 14, 2023
• NLRB Delays Start Date for New Joint Employer Rule
  Employment Law, Wednesday November 22, 2023
• Are You a Joint Employer Under the NLRB’s New Rule? Why it Matters to Your Business
  Employment Law, Thursday November 16, 2023
• The Risks of Reusing Employment Document Templates
  Employment Law, Monday October 30, 2023
• Flex Drivers are Amazon Employees, not Contractors, Says Virginia Appeals Court
  Employment Law, Monday October 23, 2023
• “Parking Reimagined”: A Fresh Approach to Modernizing County Parking
  Real Estate, Land Use & Construction Law, Thursday October 19, 2023
• “Plan Langston Blvd” to Reach County Board in November
  Real Estate, Land Use & Construction Law, Friday October 13, 2023
• EEOC Touts its Aggressive Enforcement Efforts in FY’23
  Employment Law, Monday October 2, 2023
• New Overtime Protections: What Employers and Employees Need to Know
  Employment Law, Thursday September 14, 2023
• EEOC Proposes New Regulations for Pregnant Workers Fairness Act
  Employment Law, Tuesday August 15, 2023
• NLRB Adopts Employee-Friendly Standard for Evaluating Workplace Rules
  Employment Law, Tuesday August 8, 2023
• Unraveling the Legal Labyrinth of Workplace Retaliation Claims
  Employment Law, Monday July 10, 2023
• Arlington County Releases Langston Boulevard Area Plan
  Real Estate, Land Use & Construction Law, Wednesday July 5, 2023
• Will Liability Waivers Bar the Families of the Titan Expedition Victims from Recovering Damages?
  Employment Law, Wednesday July 5, 2023
• Employee Noncompetes Violate Federal Labor Law, According to NLRB General Counsel
  Employment Law, Tuesday June 27, 2023
• NLRB Ditches Trump-Era Independent Contractor Test – Reverts to 2014 Obama Standard
  Employment Law, Wednesday June 21, 2023
• Holidays and Calculating FMLA Leave
  Employment Law, Thursday June 1, 2023
• Remote Work Revolution: Legal Challenges and Telecommuting
  Employment Law, Monday May 15, 2023
• Fair Use or Foul Play? Navigating the Complexities of Copyright Fair Use in the Digital Age
  Business Insights, Wednesday May 3, 2023
• Elon Musk’s “What Not to Do” Moments – Part 4:  Racial Discrimination by Supervisors Should Never be Tolerated!
  Employment Law, Tuesday April 11, 2023
• Elon Musk’s “What Not to Do” Moments – Part 3:  Just Say No to Twitter!
  Employment Law, Thursday April 6, 2023
• FTC Votes to Extend Public Comment Period for Proposed Ban on Non-Competes
  Employment Law, Monday March 20, 2023
• Elon Musk’s “What Not to Do” Moments, Part 2: Don’t Forget to Tell Your Employees That They Have Been Terminated!
  Employment Law, Monday March 13, 2023
• Elon Musk’s “What Not to Do” Moment: Don’t Insult Your Disabled Employees on Twitter!
  Employment Law, Thursday March 9, 2023
• Equal Pay and Your Workplace: What Employers Need to Know
  Employment Law, Wednesday March 8, 2023
• NLRB Changes Rules for Employee Severance Agreements
  Employment Law, Friday February 24, 2023
• Best Practices to Reduce Employer Risks in Implementing a Reduction-in-Force
  Employment Law, Wednesday February 22, 2023
• Data Security in the Technological World
  Employment Law, Thursday February 16, 2023
• DOL: Best Practices to Minimize Risks of Remote Worker Unpaid Wage Claims
  Employment Law, Tuesday February 14, 2023
• Federal Trade Commission Proposes Rule to Ban Employer Non-Compete Agreements
  Employment Law, Monday January 9, 2023
• Understanding the Pros and Cons of Pay Transparency
  Employment Law, Tuesday January 3, 2023
• What Employers Need to Know About Office Holiday Parties
  Employment Law, Thursday December 1, 2022
• Privacy Law Comes to Virginia: How will Virginia’s Consumer Data Protection Act Affect my Business?
  Business Insights, Friday November 11, 2022
• New “Know Your Rights” Poster Issued by the EEOC
  Employment Law, Monday October 24, 2022
• Protecting Your Business’s Social Media Accounts
  Employment Law, Tuesday August 2, 2022
• The Pandemic Has Evolved: EEOC Issues Updated COVID-19 Viral Testing Guidance for Employers
  Employment Law, Thursday July 21, 2022
• Fourth Circuit: Title VII Doesn’t Require Civility at Work
  Employment Law, Monday July 18, 2022
• Fairfax County Signage Shake-up
  Real Estate, Land Use & Construction Law, Monday July 11, 2022
• Parking Reimagined – Changes to Fairfax County’s Parking Requirements
  Real Estate, Land Use & Construction Law, Monday June 27, 2022
• Plan Langston Boulevard – A Lesson in Smart Planning: Encouraging Investment and Development in Arlington
  Real Estate, Land Use & Construction Law, Thursday June 16, 2022
• Changes to Fairfax County’s Site-Specific Plan Amendment Process
  Real Estate, Land Use & Construction Law, Monday June 13, 2022
• HUBZone Compliance, Protests, and Affiliates
  Business Insights, Wednesday March 9, 2022
• DOLI Moves to Repeal Virginia’s COVID-19 Workplace Safety Regulations
  Employment Law, Thursday February 24, 2022
• Are Facemasks Still Required in Virginia Workplaces?
  Employment Law, Friday January 28, 2022
• Big News for Big Employers: Sixth Circuit Court of Appeals Reinstates OSHA COVID Workplace Safety Standards for Large Employers
  Employment Law, Monday December 20, 2021
• Virginia Expands Workplace Protections for Individuals with Disabilities
  Employment Law, Monday July 12, 2021
• The New Virginia Overtime Wage Act: Big Changes are Coming for Many Virginia Employers
  Employment Law, Thursday July 1, 2021
• Tackling the New Normal – EEOC Issues Updated Guidance for COVID-19 Vaccines in the Workplace
  Employment Law, Tuesday June 8, 2021
• Fourth Circuit Nixes Appellate Review of Arbitration Award
  Employment Law, Thursday May 27, 2021
• Fourth Circuit Adopts Expansive View of Same-Sex Harassment
  Employment Law, Tuesday May 25, 2021
• COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021
  Employment Law, Tuesday April 13, 2021
• COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021
  Business Insights, Tuesday April 13, 2021
• Bean, Kinney & Korman: Helping to Develop Cost-Effective COVID-19 Workplace Safety Policies and Procedures that Meet Virginia’s New Regulatory Requirements and OSHA, CDC Guidelines
  Employment Law, Monday April 5, 2021
• Should we use In-House Counsel for Internal Investigations?
  Employment Law, Tuesday March 23, 2021
• Legal Considerations When Terminating an Employee
  Employment Law, Tuesday March 23, 2021
• Avoiding Liability Under the Fair Labor Standards Act
  Employment Law, Tuesday March 23, 2021
• Complying with DC’s Accrued Sick and Safe Leave Requirements
  Employment Law, Tuesday March 23, 2021
• Thinking About Hiring an Unpaid Intern this Summer?
  Employment Law, Tuesday March 23, 2021
• OSHA Tells Employers: Vaccinated Employees Should Still Wear Face Coverings
  Employment Law, Wednesday February 3, 2021
• DOL Explains FLSA Travel Time Payment Rules for Part-Day-Telework Employees
  Employment Law, Friday January 15, 2021
• DOL Allows Employers to Electronically Post Required FLSA/FMLA Notices
  Employment Law, Friday January 8, 2021
• DOL Adjusts their View of Telemedicine to Support FMLA Leave
  Employment Law, Monday January 4, 2021
• DOL Issues New Tipped Employee Rules under the FLSA
  Employment Law, Monday December 28, 2020
• Deck the Halls (but stay Home) this Holiday Season
  Employment Law, Tuesday November 3, 2020
• The IRS Chief Counsel’s Informal Guidance Clarifies Some Issues Left Open after Notice 2020-65 Regarding the “Payroll Tax Holiday”
  Business Insights, Wednesday October 14, 2020
• The IRS Chief Counsel’s Informal Guidance Clarifies Some Issues Left Open after Notice 2020-65 Regarding the “Payroll Tax Holiday”
  Employment Law, Wednesday October 14, 2020
• IRS Releases Instructions to Form 941 Expanding on Prior Guidance on Deferral of Social Security Tax
  Employment Law, Thursday October 8, 2020
• Virginia Phase 3 Reopening: Will a COVID-19 Liability Waiver Protect Your Business from Legal Risks?
  Employment Law, Monday July 6, 2020
• Summer Camps Closed Due to COVID-19? DOL Issues Additional Guidance for FFCRA Leave Eligibility
  Employment Law, Wednesday July 1, 2020
• Employer Antibody Testing for COVID-19 Violates the ADA, According to New EEOC Guidance
  Employment Law, Friday June 19, 2020
• DOL Final Rule: Employers Can Pay Bonuses and Premium Pay Under FLSA Fluctuating Workweek Compensation
  Employment Law, Tuesday June 9, 2020
• Can Virginia Employees Still Get Paid Leave Under the FFCRA After Businesses Reopen and Schools Close?
  Employment Law, Wednesday June 3, 2020
• Virginia Adds a “Ban the Box” Law for Pot Possession
  Employment Law, Tuesday May 26, 2020
• Employees in Virginia are Heading Back to the Workplace. What Can Employers Ask or Do?
  Employment Law, Tuesday May 19, 2020
• Virginia Enacts Dramatic and Far-Reaching Employment Law Protections
  Employment Law, Monday April 27, 2020
• COVID-19 Economic Relief Investigations: They Will Expose Some Businesses to Civil Liability
  Business Insights, Wednesday April 22, 2020
• Online Board Meetings – What to Know When Social-Distancing Requires Your Meetings to Go Virtual
  Business Insights, Thursday April 16, 2020
• Marijuana & the Workplace
  Employment Law, Friday February 21, 2020
• Ownership Interests in an LLC – The Options are Endless!
  Business Insights, Tuesday October 29, 2019
• Do You Really Need a Letter of Intent?
  Business Insights, Wednesday September 18, 2019
• ​​Five Things to Consider When Leasing to a Restaurant Tenant
  Real Estate, Land Use & Construction Law, Tuesday July 16, 2019
• Guaranty of Leases: Landlords and Tenants – Part 2
  Real Estate, Land Use & Construction Law, Wednesday May 22, 2019
• Internet Defamation Guide – 10 Questions to Spot or Avoid Online Defamation
  Business Insights, Thursday August 2, 2018
• Freedom of Speech or Freedom from Defamation? – 5 Takeaways from Yelp’s Recent Court Victory
  Business Insights, Wednesday July 18, 2018
• Montgomery County and D.C. Minimum Wage Rates Increase
  Employment Law, Friday July 6, 2018
• What Should You Choose? A Sub-S Corporation or an LLC
  Business Insights, Sunday August 27, 2017

News

• Philip M. Schwartz and Justin T. Banford Join Bean, Kinney & Korman
  Wednesday January 10, 2024
• Alexandra M. Fletcher, Allison K. Riddle and Joseph P. Macy Join Bean, Kinney & Korman
  Friday July 7, 2023
• Andrew W. Gregg Joins Bean, Kinney & Korman
  Tuesday May 17, 2022
• R. Scott Caulkins, Patricia Bruce, and Carole Capsalis Join Bean, Kinney & Korman
  Tuesday February 8, 2022
• Kandis M. Koustenis and Dusko J. Stojkov Join Bean, Kinney & Korman
  Thursday June 18, 2020
• Timothy Dugan Elected 2020‑2021 Chair of the Real Property Section Council of the Maryland State Bar Association
  Thursday May 21, 2020
• Timothy Dugan Recognized as Top Attorney by Bethesda Magazine
  Tuesday December 10, 2019
• Timothy Dugan Joins Bean, Kinney & Korman as a Shareholder
  Wednesday October 16, 2019
• Joe Meadows quoted within article: Businesses should avoid court battles over online reviews
  The Colorado Springs Business Journal, Friday April 5, 2019
• David S. Houston Joins Bean, Kinney & Korman as a Shareholder
  Wednesday February 13, 2019
• Redskins Trademark Cancelled – Q&A with Bean, Kinney & Korman
  Thursday June 19, 2014

Events

• Legal Clinic with Bean, Kinney & Korman
  Online, Tuesday, May 16, 2023
• Essentials of Business Law – Dealing with Drafting Deadlocks
  Webcast, Friday, March 4, 2022
• Everything you need to know about COVID-19 vaccines, mask mandates, and Virginia workplace safety
  Online, Thursday, August 26, 2021
• Small Business Check-Up: Best practices to help ensure the legal health of your business
  Online, Tuesday, March 16, 2021
• COVID-19 Vaccine Rollout: Key Legal Considerations for Employers
  Online, Wednesday, March 10, 2021
• COVID-19 Vaccines are Here: Key Public Health and Legal Considerations for Employers
  Online, Wednesday, January 27, 2021
• Remote Work Is Here to Stay: Key Legal Issues for Employers
  Webcast recording - view on demand, Tuesday, December 15, 2020
• 2020 Legal Drama in the Commonwealth:
  Online, Thursday, November 19, 2020
• Small Business Academy Workshop: The Legal Side of Business
  Online, Wednesday, October 14, 2020
• Overview of Virginia Department of Labor and Industry COVID-19 Regulations for Employers
  Online, Tuesday, August 4, 2020
• Nonprofit Forum: Reopening Strategies
  Online, Tuesday, July 28, 2020
• ULI Washington, D.C. Young Leaders Presentation “Northern Virginia Land Use”
  Monday, May 25, 2020
• Comparative Zoning and Land Use Laws in Northern Virginia and Suburban Maryland
  University of Maryland, Monday, May 25, 2020
• Webinar: Moving Beyond COVID-19 – EEOC/DOL/IRS Guidance and Getting Back to Business
  Online, Friday, May 1, 2020
• Webinar: Moving Beyond COVID-19
  Online, Thursday, April 30, 2020
• Women Mean Business Committee Presents:
  Online, Tuesday, April 21, 2020
• The Legal Side of Business
  Webinar, Wednesday, April 15, 2020
• Webinar: Understanding Your Leases and Contracts in the COVID-19 Landscape
  Webinar, Friday, March 27, 2020
• Deadlock-Breaking Mechanisms in LLCs: Avoiding Litigation and Dissolution When Members and Managers Fail to Agree
  Webinar, Thursday, January 16, 2020
• LLC or S-Corp
  Teleconference, Thursday, December 19, 2019
• The Legal Side of Business
  Fairfax Business Center, Annandale, VA, Wednesday, December 4, 2019
• Negotiating Key Provisions in Shared Work Space Agreements
  Webinar, Tuesday, November 12, 2019
• Maryland State Bar Association Land Use Institute: “Recent Federal and State Land Use Court Decisions”
  Saturday, May 25, 2019
• Internet Defamation: Defend Against Defamers and Cyber-attackers
  Bean, Kinney & Korman :: 2300 Wilson Blvd. :: 1st Floor Conference Room :: Arlington, VA 22201, Thursday, October 25, 2018
• Restaurant Failures – What to Do When Your Iron Chef Melts
  Turnaround Management Association, Chesapeake Chapter, Friday, March 27, 2015
• “Five Common Advertising Mistakes that Could Break the Law”
  4600 Fairfax Drive, Suite 804, Arlington, Virginia, Thursday, October 31, 2013
• Employees vs. Independent Contractors vs. Interns: Worker Designations and Why It Matters
  Wednesday, October 16, 2013