Blogs

Business and Financial Services

USDC Weighs in on Tortious Interference

True love had unintended consequences, resulting in the case of Stradtman v. Republic Services , which remains pending in the United States District Court for the Eastern District of Virginia. Shortly after Stephen Stradtman was named CEO of Otto Industries North America (“Otto”) the company’s business began to expand. This boom in Otto’s business seemed directly attributable to Otto’s relationship with Republic Services, Inc., a waste management business and major purchaser of the plastic…

July 2, 2015

Business and Financial Services

Potential Pitfalls of Terminating an Employee who Requests Extended Leave

An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to those laws. Depending on the factual circumstances, one or more of these laws can apply simultaneously to the same employee. The overlap of these statutes can create a “perfect storm” of laws because it is so easy to get lost or disoriented in trying to follow them. Consider…

April 1, 2015

Business and Financial Services

Charities and Gambling

Most gambling is illegal in Virginia. Seeking creative means to raise money for laudable purposes, legitimate Virginia charities sometimes venture into dangerous waters in the belief that their philanthropic goals insulate them from liability under the Virginia criminal code. They do not. The scenario typically arises when a charitable organization, seeking to drive increased fund-raising, suggests a game of chance, whereby participants contribute money in return for the opportunity to share…

March 2, 2015

Business and Financial Services

Fraud in Virginia

Fraud cases in Virginia are not only difficult to prove, but can also be challenging to plead. The well-established standard that fraud must be pleaded with particularity diverges from the “notice pleading” test that permits general allegations to suffice in most circumstances. In County of Grayson, et al. v. Ra-Tech Services , two Virginia counties brought a claim against Ra-Tech and its two principals – John Spane and Dale Sutphin – alleging fraud, fraud in the inducement, constructive fraud…

November 12, 2014

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

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

Business and Financial Services

Enforcing Oral Contracts: The Presumption is Against You

Oral contracts can be legally binding, but enforcing them in court is often an uphill battle because disputes typically turn into credibility contests over what was actually agreed. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that courts are generally skeptical of oral agreements, especially where key terms are unclear or disputed. Using a federal case from Virginia involving an alleged oral severance agreement, the analysis…

May 1, 2014

Business and Financial Services

Non-Competes in Virginia: The Trend Against Enforceability Continues

Virginia courts continue to apply a strict and increasingly unforgiving standard to non-compete agreements, often refusing to enforce provisions that extend beyond what is necessary to protect a business’s legitimate interests. In this Bean, Kinney & Korman article, James V. Irving explains how recent decisions highlight the risks of overbroad restrictions, particularly in terms of geographic scope, duration, and the definition of prohibited activities. Courts have shown a willingness to deny…

April 15, 2014

Business and Financial Services

Department of Labor Further Delays Publication of its Final “Persuader” Rules

The U.S. Department of Labor (DOL) has once again delayed publication of its final rule on “persuader activities.” The DOL’s final rule was initially scheduled for publication in November 2013. As that date approached, the DOL rescheduled publication for March 2014. Having now hit that mark, the DOL once more has pushed off publication—this time without setting a future date. The new date is expected to be announced in the DOL’s Spring 2014 Regulatory Agenda. In June 2011, the DOL published…

April 2, 2014