Blogs

Business and Financial Services

False Notes in the Music Industry: Fiduciary Duty of Business Partners

A “fiduciary duty” is imposed by law upon parties with certain relationships dependent on a high level of trust and confidence. According to the Supreme Court of Virginia, a fiduciary relationship is established “whenever a special confidence has been reposed in one who in equity and good conscience is bound to act in good faith.” The duty requires scrupulous good faith and candor between the parties. It typically arises between trustee and beneficiary and guardian and ward, but also between…

November 1, 2013

Business and Financial Services

Business Audits Allow Business As Usual

Businesses often focus on day-to-day operations while overlooking internal legal and operational weaknesses that can create significant exposure over time. In this Bean, Kinney & Korman article, James V. Irving explains that regular business audits can help companies identify risks before they turn into disputes, regulatory issues, or costly litigation. The analysis highlights that an effective audit should examine more than just finances, including corporate governance documents, buy-sell…

October 22, 2013

Business and Financial Services

A Tactical Approach to Defending Virginia Non-Competes

Virginia civil procedure provides a defendant with two principal avenues to challenge the sufficiency of a plaintiff’s claim. The first, a demurrer, contends that even if all well-pled facts are true, the complaint is inadequate. The court will not look beyond the four corners of the complaint in judging a demurrer. In contrast to the first challenge, a plea in bar provides a defendant with the opportunity to offer evidence to defeat the plaintiff’s claim by proving or disproving a distinct…

September 1, 2013

Business and Financial Services

Proactive Steps to Protect Trade Secrets

Trade secret protection depends as much on preventive measures as it does on the underlying value of the information itself. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Virginia Trade Secrets Act protects confidential business information only if three conditions are met: the information qualifies as a trade secret, the owner takes reasonable steps to maintain secrecy, and the person using the information knows or should…

September 1, 2013

Business and Financial Services

Pitfalls on Termination: Employer May be Liable for Employees’ Loose Talk

Employers can create unnecessary legal exposure during a termination if managers or supervisors make careless statements about why an employee was fired. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that comments made after termination can support claims for defamation, breach of contract, or wrongful discharge if they are inaccurate or inconsistent with the employer’s documented reasons. The article discusses Sewell v. Wells…

July 1, 2013

Business and Financial Services

Regular guest blogger on the Washington Business Journal’s blog Biz Beat

In this Washington Business Journal Biz Beat guest blog post, Timothy R. Hughes discusses the privacy and legal risks raised by the Carrier IQ controversy and warns that similar forms of hidden data collection could emerge through other mobile technologies. The piece explains that Carrier IQ software drew national scrutiny after reports that it could monitor smartphone activity without clear consumer awareness, prompting investigations and widespread concern about transparency in mobile data…

June 7, 2013

Business and Financial Services

New I-9 Creates Risk for Employers

The federal government’s revised Form I-9 created new compliance challenges for employers by expanding the form, increasing documentation requirements, and adding complexity to the employment verification process. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the 2013 version of the I-9 became significantly longer and more detailed than prior versions, increasing the likelihood of clerical mistakes and incomplete entries. The…

May 1, 2013

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

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