Blogs

Bankruptcy, Restructuring and Creditors’ Rights

To Stay Clear of Stay Violations, Action May be Required

The automatic stay, imposed (automatically, of course) by the filing of a voluntary bankruptcy petition, is the most fundamental of protections offered by the Bankruptcy Code. The stay, governed by 11 U.S.C. § 362 , is designed to provide debtors with a “breathing spell” from creditors and the opportunity to liquidate or reorganize under the supervision of the bankruptcy court. It bars not only the commencement of any action against the bankruptcy debtor to collect debts, but also the…

July 2, 2015

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

Employment Law

DOL Releases Proposed FLSA Overtime Regulation Amendments

The Department of Labor (DOL) has just released its long-awaited Notice of Proposed Rulemaking to the white collar exemption under the Fair Labor Standards Act (FLSA). The amendments, if passed, will significantly increase the minimum salary test (from $23,660 to $50,440) for hours worked over 40 in a work week. The amendments will have far-reaching…

July 1, 2015

Construction

Issues with HVAC – Part 1

Disputes over specialized tenant improvements or exclusive heating and air conditioning systems are common in commercial leasing. Landlords and tenants often argue over maintenance and repair obligations, or whether or not such specialized tenant improvements can remain on the premises upon the expiration of the term or if tenant is obligated to remove the alterations…

July 1, 2015

Employment Law

Employer Risks in Using Employment-Related Criminal Background Checks

Use of employment-related background checks by employers to discover information about the work history, education, criminal record and financial history of job applicants has become ubiquitous. In one recent survey of employers, 92% of those responding stated that they subjected all or some of their job candidates to criminal background checks. The reasons for increased employer reliance on criminal background checks are straightforward – to control theft and fraud and address heightened…

July 1, 2015

Employment Law

Upcoming FLSA Changes & Shrinking of the White Collar Exemption: Now is the Time to Reassess Compliance and Update Your Policies

In response to a directive from President Obama, the Department of Labor (DOL) has been working since Spring 2014 to revise the white collar exemption under the Fair Labor Standards Act (FLSA). The revisions are expected to significantly increase the minimum salary test and the primary duties test. What does the FLSA provide for and…

June 29, 2015

Construction

Arlington’s Retail Action Plan: Further Discussion

The debate about the new Retail Action Plan (“The Plan”) continued earlier this month as the Board held another work session to discuss the progress on ongoing efforts to update the Plan. Much of the discussion focused on the so called “red streets” within the Plan. These streets are designated for pure retail uses, including:…

June 24, 2015

Construction

A Patriotic Partnership: The Construction Industry and the Military

“My fellow Americans, ask not what your country can do for you, ask what you can do for your country.” -President John F. Kennedy Richmond-based Hourigan Construction has begun work on Phase One of the Marine Security Force Regiment headquarters and compound at the Naval Weapons Station in Yorktown, VA. The new facilities will include…

June 17, 2015

Construction

Fairfax County’s Plans for the Route 1 Corridor

On May 12, 2015, the Fairfax County Board of Supervisors voted unanimously to endorse a phased, multimodal approach to the future expansion and development of the Route 1 Corridor between Huntington and Fort Belvoir. This will take place in the context of eventual expansions and improvement extending further to Woodbridge. This approach, recommended by the…

June 10, 2015

Construction

Relaxed Variance Standards in Virginia Soon to Go Into Effect

Last year, we wrote about the difficult standards in Virginia for obtaining a zoning variance, particularly in light of the recent case Martin v. City of Alexandria, in which the Supreme Court held strictly that all statutory requirements must be met before a variance may be granted. Now, those requirements are about to change. Effective…

May 14, 2015