Blogs

Business and Financial Services

Tortious Interference in Virginia – Improper Methods Requirement

Virginia law imposes a critical additional hurdle for certain tortious interference claims: proof of “improper methods” beyond mere interference. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that while traditional elements of tortious interference include a valid contractual relationship, knowledge, intentional interference, and resulting damages, courts require a fifth element—improper conduct—when the underlying contract is…

July 1, 2014

Construction

Look! Up in the Sky! It’s a…Plane!: Proposed FAA Policy Could Affect Building Heights

The Washington, D.C. metropolitan area has no shortage of airplanes flying over the region. There is also no shortage of developers and landowners who want to create the region’s landmark buildings and skyscrapers which may fall within flight paths. These developers would rightfully be concerned that the Federal Aviation Administration (FAA) is proposing a change…

June 20, 2014

Construction

Rules for Local and Out-of-State Construction Companies

The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state, or municipal level, set-aside programs exist to give small, local, and other discrete businesses the ability to compete for lucrative construction contracts. Efforts to support local…

June 12, 2014

Construction

New Tools in the Zoning Game

As of July 1, 2014, Virginia landowners will have a new tool to use in the zoning game. On April 6, 2014, Governor McAuliffe signed SB 578 into law. The bill provides a damages remedy for applicants seeking zoning or subdivision approvals and who are faced with accepting the imposition of unconstitutional conditions as the…

June 3, 2014

Estate Planning

A Contrarian View on Bypass Trusts

Bypass (or credit shelter) trusts have long been a cornerstone of estate planning for married couples seeking to maximize estate tax exemptions, but changes in federal law have shifted that analysis. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains that the introduction of portability—allowing a surviving spouse to use a deceased spouse’s unused estate tax exemption—reduces the necessity of bypass trusts in many cases.…

May 12, 2014

Estate Planning

Estate Planning for Your Eighteen Year Old: What You Need to Do Now May Surprise You

Turning eighteen creates an immediate and often overlooked legal shift: parents lose the automatic authority to access medical, financial, and educational information or make decisions on behalf of their child. This Bean, Kinney & Korman article explains that even if a young adult has minimal assets, basic estate planning documents are still essential to avoid gaps in authority during emergencies. The analysis highlights practical tools such as healthcare directives, powers of attorney, and…

May 12, 2014

Estate Planning

Getting More Out of Trusts: The Total Return Unitrust

Traditional trust structures often rely on income-based distributions, which can create tension between current beneficiaries who rely on income and remainder beneficiaries who depend on long-term growth. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, John M. Bryan explains how the total return unitrust offers a modern alternative by tying distributions to a fixed percentage of the trust’s overall value rather than the income it generates. This…

May 12, 2014

Business and Financial Services

Enforcing Oral Contracts: The Presumption is Against You

Oral contracts can be legally binding, but enforcing them in court is often an uphill battle because disputes typically turn into credibility contests over what was actually agreed. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that courts are generally skeptical of oral agreements, especially where key terms are unclear or disputed. Using a federal case from Virginia involving an alleged oral severance agreement, the analysis…

May 1, 2014

Divorce and Family Law

New Child Support Guidelines under Virginia Code Section 20-108.2: What do They Mean for You?

Recent updates to Virginia’s child support guidelines under Virginia Code § 20-108.2 introduced changes that directly affect how support obligations are calculated, particularly in cases involving shared custody and adjustments for certain expenses. In this Bean, Kinney & Korman article published in the BKK Family Law Newsletter, Christian M. Lapham explains how the revised formula alters the allocation of parenting time and financial responsibility, potentially increasing or decreasing…

May 1, 2014

Employment Law

Fairfax Circuit Court Strikes Down Noncompete as Overbroad – Part 2

Part 1 of this post discussed a suit brought by Wings LLC to enforce a noncompete against two defector employees. The letter opinion said that the noncompete was unenforceable. In this post, I examine the role of noncompetition agreements and when other agreements may be better options in cases such as this one. The Role…

April 28, 2014