Blogs

Employment Law

Old Law Wins a New Case

Virginia courts apply different standards to non-compete agreements depending on the context in which the restriction appears. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Fourth Circuit reversed an Eastern District of Virginia decision in BP Products North America, Inc. v. Stanley because the trial court had evaluated a restrictive covenant in a real estate purchase agreement using the stricter standard typically applied…

May 1, 2012

Business and Financial Services

Fairfax Circuit Court Expands Jurisdiction in Conspiracy Cases

Virginia courts may exercise jurisdiction over out-of-state defendants when those defendants have sufficient contacts with the Commonwealth, even if they never physically lived or worked in Virginia. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Fairfax Circuit Court found jurisdiction existed over nonresident defendants in a business conspiracy case involving employees of a pharmaceutical company because they had directed…

January 1, 2012

Business and Financial Services

Finality of Orders in Reston Homeowners Association v. Ramirez

Under Virginia Supreme Court Rule 1:1, a court generally loses jurisdiction over a final order after 21 days unless the order has been suspended, modified, or vacated within that time. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that Reston Homeowners Association v. Ramirez illustrates how courts determine whether an order is truly final. The case involved a homeowners association seeking corrective action against a property…

January 1, 2012

Business and Financial Services

The Arrogant Car Salesman in a Non-Competition Agreement

Virginia courts are generally reluctant to enforce broad non-competition agreements, but they may be more willing to do so when the facts strongly favor the employer. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the case involved a car salesman whose conduct made him an unsympathetic defendant in the eyes of the court. The article notes that the salesman allegedly acted arrogantly, ignored his contractual obligations, and…

March 1, 2011

Business and Financial Services

The Substantially Prevailing Party

Attorney’s fee provisions in contracts often allow the “substantially prevailing party” to recover fees and costs, but determining who actually qualifies can become complicated when both sides win and lose on different claims. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that courts do not always view the substantially prevailing party as the litigant who simply wins the most claims. The article discusses a dispute in which the…

January 1, 2011

Business and Financial Services

Notice Pleading: Be Simple But Be Precise

Federal notice pleading standards allow plaintiffs to plead claims in relatively simple terms, but complaints still must be specific enough to identify what each defendant allegedly did wrong. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that James River v. Kehoe involved a complicated business dispute in which the plaintiffs filed a twelve-count complaint accusing multiple defendants of participating in a conspiracy to misuse…

March 1, 2010

Business and Financial Services

The Dead Man’s Statute in Virginia

Virginia’s “Dead Man’s Statute” is an evidentiary rule designed to prevent interested parties from fabricating conversations or agreements with someone who has died and can no longer respond. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the rule arose in a dispute involving an alleged oral promise by a farming couple to leave their estate to a relative in exchange for his returning home to help operate the family farm.…

March 1, 2010

Business and Financial Services

Business Torts: Business Conspiracy & Trade Secrets

Virginia businesses pursuing claims for business conspiracy or trade secret misappropriation must meet specific legal standards in order to survive dismissal and obtain relief. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the federal case All Business Solutions, Inc. v. NationsLine, Inc. provided a useful overview of both Virginia’s statutory business conspiracy law and the Virginia Uniform Trade Secrets Act. The article…

September 1, 2009