Blogs

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

Employment Law

OFCCP’s Final Rule On Employing People With Disabilities Takes Effect March 24

On March 24, 2014, the final rule published by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) requiring federal contractors and subcontractors to undertake affirmative action for individuals with disabilities will take effect. The final rule makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which…

March 20, 2014

Construction

Developing Projects in a Changing Climate

More than one landowner has been disappointed to find out they cannot develop their property how they would like. This disappointment can be compounded if the landowner bought a property based on its zoning potential, but the locality then rezoned the property to remove the use, essentially pulling the rug out from under them. Luckily,…

March 12, 2014

Construction

The Evolution of Deal-Making in the Construction Industry

Ask anyone who has several years of experience in construction if they ever engaged in a handshake deal and the answer will be a resounding “yes.” For those unfamiliar with the term, a handshake deal is essentially a verbal commitment that is sealed with a handshake between the contracting parties. Handshake deals were not just…

March 7, 2014

Bankruptcy, Restructuring and Creditors’ Rights

Bankruptcy: Preference Defendants Don’t Feel “Preferred”

Bankruptcy preference actions can force businesses to return payments they received legitimately before a customer or counterparty filed for bankruptcy. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, Andrea Campbell Davison explains how Section 547 of the Bankruptcy Code allows a trustee to recover certain transfers made in the 90 days before a bankruptcy filing if those payments gave one creditor more than it would have received in a Chapter 7 liquidation.…

March 4, 2014