Blogs

Real Estate

Arlington County Board Revisits the Retail Action Plan

On January 20, during a special work session (open to the public) the County Board considered updates to the Arlington County Retail Action Plan (the “Retail Plan”). County Board members met with Arlington Economic Development staff, the Arlington Retail Task Force of the Economic Development Commission and members of the Planning Commission. Also in attendance as part of the audience were members of the Arlington Chamber of Commerce and the local Business Improvement Districts. The Retail…

March 3, 2015

Business and Financial Services

Charities and Gambling

Most gambling is illegal in Virginia. Seeking creative means to raise money for laudable purposes, legitimate Virginia charities sometimes venture into dangerous waters in the belief that their philanthropic goals insulate them from liability under the Virginia criminal code. They do not. The scenario typically arises when a charitable organization, seeking to drive increased fund-raising, suggests a game of chance, whereby participants contribute money in return for the opportunity to share…

March 2, 2015

DWI in Your Driveway

Drivers in the Commonwealth be forewarned: a conviction for driving while intoxicated does not require that the defendant be driving the vehicle or that it be on a public road. In October of 2014, the Supreme Court of Virginia affirmed the conviction of Charlottesville resident Justin Sarafin for Driving While Intoxicated (“DWI”). It was largely uncontested that Mr. Sarafin was intoxicated when K. E. McBrearty knocked on his car window at 3:30 in the morning. It was also uncontested that he…

March 2, 2015

Construction

Arlington’s New Take on Density Exclusions

A new memorandum issued by Arlington County’s Director of the Department of Community Planning, Housing and Development, Bob Brosnan, is proposing to change which areas in a building developers can expect to exclude from density calculations in a 4.1 Site Plan application.

February 25, 2015

Construction

Legal Steps to Start a Construction Company in Virginia

I am often asked, “What are the basic steps of starting a construction company?” We help with many of these steps, but we also advise clients how to do it on their own. Here are some of the basic steps. Create Your Entity Given the threat of personal injuries and property damages, construction contractors and…

February 11, 2015

Employment Law

Cunningham v. Feinberg: Virginia Employers May be Answerable in Maryland Courts for Unpaid Wages

In a case with potential significance for many Virginia employers, the Court of Appeals of Maryland recently decided in Cunningham v. Feinberg that the Maryland Wage Payment and Collection Law (“MWPCL”) may be applicable to unpaid wage claims arising from employment agreements entered into in Virginia. Thus, a Virginia employer that does not exercise care…

February 10, 2015

Construction

Protecting Your Brand: A Gift Not Reserved for the Holidays

In light of the recent holiday season, one thing that all construction industry professionals can agree on is that brand protection is a gift whose usefulness never ceases. You understand the significance of it. Your logo may appear on scaffolding, on the tops and sides of buildings, or in trade publications. Your workplace safety and…

February 6, 2015

Construction

Arlington County Retail Action Plan Update

On January 20, during a special work session open to the public, the County Board considered updates to the Arlington County Retail Action Plan (the “Retail Plan”). County Board members met with Arlington Economic Development staff, the Arlington Retail Task Force of the Economic Development Commission and members of the Planning Commission. In the audience…

February 4, 2015

Tax Law

Obama Proposes Changes to Federal Tax Policy

In his State of the Union Address on January 20, the President outlined changes he would like to see made to federal tax policy. Among his proposed changes, President Obama suggested closing the stepped up basis “loophole” and increasing the top tax rate on capital gains and dividends from 23.8 percent to 28 percent. If such proposals become law, this could have major impacts on mid- and high-income Americans and their families. Currently gifts made at death receive a favorable “step up in…

February 2, 2015

Construction

Fairfax Circuit Court Limits Homeowners’ Ability to Challenge Zoning Administrator

Contentious land use approvals often result in lawsuits, which, even when unsuccessful, can lead to costly delays for developers. In the recent case styled In Re: November 20, 2013 Decision of the Board of Zoning Appeals of Fairfax County, the Fairfax County Circuit Court threw out one such legal challenge by homeowners to a controversial…

January 28, 2015