Blogs

Employment Law

Consider This When Engaging Foreign Independent Contractors

In today’s global economy, it has become increasingly common for companies based in the United States to engage workers who live abroad for various purposes. U.S. companies often classify these workers as “independent contractors” to avoid having to navigate the employment landscape in other countries. However, U.S. companies should be aware of the potential pitfalls…

June 30, 2017

Construction

Arlington County Board Passes New Zoning Ordinance Amendment on Size of Signs

On June 17th, the Arlington County Board approved an amendment to Arlington’s Zoning Ordinance allowing greater aggregate sign area for certain properties with retail. The adopted amendment—which applies to buildings with comprehensive sign plans in commercial/mixed-use zoning districts—would increase the allowed aggregate sign area for retailers facing publicly accessible plazas. It would also increase the…

June 30, 2017

Business and Financial Services

Indefinite Geographical Range Sacks Enforceability of Non-Compete Agreement

Judge Liam O’Grady of the U.S. District Court, sitting in Alexandria, has found a non-competition agreement overbroad and unenforceable because its geographical component was defined by an irrelevant factor that resulted in a zone of prohibited competition that was indefinite in geographical range. The non-compete in NVR v. Nelson prevented the defendant / former employee…

June 26, 2017

Employment Law

Employment Law Under the Trump Administration

Like it or not, Donald Trump is the 45th President of the United States of America. Now that the initial shock has worn off, it’s time to evaluate how federal employment laws, regulations, and enforcement may shift under the Trump Administration. While President Trump has not spoken at length regarding employment law since taking office,…

April 10, 2017

Construction

Statewide Regulatory Updates Underway for Engineers, Land Surveyors, and Architects

The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects (“the Board”) is reopening its regulations for general review. The Board is only at the notice of intent stage of the process, so it is unclear at this time which regulations will be revised. The goal of the review is to…

April 3, 2017

Construction

Arlington County Board Approves 1.2mm SF of Mixed-Use Development in West Rosslyn

On February 25th, the Arlington County Board unanimously approved Penzance’s 1555 Wilson Boulevard 4.1 Site Plan project. The applicant, represented by Matt Roberts, proposed to rezone the properties and submitted a 4.1 Site Plan application to permit approximately 1.2 million square feet of mixed-use development in the West Rosslyn area. The project, approved at 10…

March 27, 2017

Estate Planning

D.C. Estate Tax Changes in 2017

As of January 1, 2017, those having to pay estate taxes in the District of Columbia will be paying less. This is due to tax reforms put in place several years ago, which are tied directly to revenue growth goals. The District of Columbia is one of a dwindling number of states that require residents to pay a state estate tax. Maryland also assesses a state estate tax; Virginia does not. The amount of tax due is based on the value of the individual’s estate at the date of death and applies to…

March 1, 2017

Business and Financial Services

Successor Liability: a New Corporation is Not an Escape Route

A debtor business entity cannot shed its obligations by dissolving and reforming as a new and separate business. If the new business is a “mere continuation,” the debts will attach to the new company, but holding the owners liable for the debt is a more difficult issue, requiring a creative approach to maximize the chances of success. United States District Court Judge Anthony Trenga considered the possible liability of a successor entity and its principles individually when the owners of…

January 30, 2017

Business and Financial Services

Federal Court Halts Implementation of New Overtime Final Rule

Yesterday afternoon, the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking implementation of the Department of Labor’s Final Rule that would have raised the minimum salary level for white-collar exempt employees under the Fair Labor Standards Act (“FLSA”) from $455 per week ($23,660 annually) to $913 per week ($47,476 annually), effective as of December 1, 2016. It should be emphasized that the Court’s decision to stay…

November 23, 2016

Business and Financial Services

Ten Things You Should Know When Buying an Existing Franchise Business

The typical path to becoming a franchisee is to sign a franchise agreement with a franchisor and open up a new franchise location. In a new, start-up franchise system, this is likely to be the only path to becoming a franchisee. But in an established franchise system with many existing franchisees, you may have an opportunity to become a franchisee by purchasing the business of an existing franchisee. If you are considering purchasing a franchise from an existing franchisee, here are 10 things…

November 9, 2016