Blogs

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

Health Savings Accounts

Health savings accounts, or HSAs, allow individuals enrolled in high-deductible health plans to set aside money on a tax-advantaged basis for qualified medical expenses. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, the analysis explains that HSA contributions can generally be made on a pre-tax basis, investment earnings grow tax-free, and withdrawals remain tax-free when used for eligible medical expenses. The article also notes that unlike flexible…

November 1, 2010

Business and Financial Services

Restrictive Covenant as a Restraint of Trade

Virginia courts disfavor restraints on trade and will enforce restrictive covenants only when they are reasonable between the parties and do not harm the public. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that BP Products v. Stanley involved a covenant requiring an Alexandria gas station owner to purchase all fuel and petroleum products exclusively from BP. The article notes that the court refused to enforce the covenant because…

September 1, 2010

Business and Financial Services

Sexual Discrimination in the Workplace – Hostile Environment

Hostile work environment claims do not require a single dramatic event; repeated offensive conduct can be enough to violate federal employment law. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Fourth Circuit revived a lawsuit brought by the EEOC on behalf of a female physician who alleged that the owner of her medical practice repeatedly made sexually explicit comments and crude remarks over a period of years. The article…

July 1, 2010

Business and Financial Services

“Please Pull Up to the First Window”

Far be it for a lawyer to bite the hand of the system that feeds him, but the issue of whether jurisdictions should regulate drive-through windows is worth discussing. Drive-through windows have been around before the Golden Arches and as long as there are automobiles, there will be a demand for them. That demand sometimes emanates from the business operator, sometimes from the customer and most times from both. Local jurisdictions have a tendency to scrutinize and regulate the issue of drive…

April 1, 2010

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

Non-Competition in State Court

Virginia state courts in 2009 continued to show that the specific facts of a case can significantly influence whether a non-competition agreement will be enforced. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the case Virginia Academy of Fencing, Inc. v. Sintchinov involved a former fencing instructor who allegedly solicited students away from his former employer after leaving the academy. The article notes that the court…

November 1, 2009

Business and Financial Services

Remedies for Breach of Non-Competition Agreements

Virginia employers seeking to enforce non-competition agreements often focus first on injunctive relief because money damages alone may not adequately protect customer relationships, confidential information, or goodwill. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that courts may issue temporary restraining orders, preliminary injunctions, and permanent injunctions to stop a former employee from continuing to violate a…

November 1, 2009

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