Blogs

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

Employment Law

Fairfax Circuit Court Strikes Down Noncompete as Overbroad – Part 1

On March 6, 2014, a Fairfax Circuit judge denied a preliminary injunction in a suit brought by Wings LLC to enforce a noncompete against two defector employees. In a letter opinion, Judge Bruce D. White said the noncompete was unenforceable because the geographical limits were overbroad. The ruling is not particularly unprecedented but offers another…

April 15, 2014

Construction

Rosslyn Sector Plan Update: Step One

Over the past year and a half, Arlington County has been working to update the Rosslyn Sector Plan, which is the guiding planning document for Arlington, Virginia’s downtown neighborhood of Rosslyn. This would be the first major update to the Rosslyn Sector Plan since 1992, although small area updates were approved by the Arlington County…

April 15, 2014

Business and Financial Services

Non-Competes in Virginia: The Trend Against Enforceability Continues

Virginia courts continue to apply a strict and increasingly unforgiving standard to non-compete agreements, often refusing to enforce provisions that extend beyond what is necessary to protect a business’s legitimate interests. In this Bean, Kinney & Korman article, James V. Irving explains how recent decisions highlight the risks of overbroad restrictions, particularly in terms of geographic scope, duration, and the definition of prohibited activities. Courts have shown a willingness to deny…

April 15, 2014

Employment Law

U.S. Department of Labor Further Delays Publication of its Final “Persuader” Rules

The U.S. Department of Labor (DOL) has once again delayed publication of its final rule on “persuader activities.” The DOL’s final rule was initially scheduled for publication in November 2013. As that date approached, the DOL rescheduled publication for March 2014. Having now hit that mark, the DOL once more has pushed off publication—this time…

April 2, 2014

Employment Law

No WARNing of Bankruptcy?

Bankruptcy does not automatically eliminate an employer’s obligations under the federal WARN Act, and financially distressed companies can still face significant liability for failing to provide advance notice of mass layoffs or plant closings. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, Andrea Campbell Davison explains how bankruptcy can complicate WARN Act compliance, including disputes over whether a debtor still qualifies as an “employer” and…

April 2, 2014

Business and Financial Services

Department of Labor Further Delays Publication of its Final “Persuader” Rules

The U.S. Department of Labor (DOL) has once again delayed publication of its final rule on “persuader activities.” The DOL’s final rule was initially scheduled for publication in November 2013. As that date approached, the DOL rescheduled publication for March 2014. Having now hit that mark, the DOL once more has pushed off publication—this time without setting a future date. The new date is expected to be announced in the DOL’s Spring 2014 Regulatory Agenda. In June 2011, the DOL published…

April 2, 2014