Blogs

Bankruptcy, Restructuring and Creditors’ Rights

Bankruptcy and Government Contractors

Government contractors that enter bankruptcy face a different set of risks than ordinary commercial debtors because the value of the business often depends on preserving existing federal contracts and eligibility for future awards. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, Andrea Campbell Davison explains that Section 525(a) of the Bankruptcy Code can limit government discrimination based solely on bankruptcy status, but those protections are narrow in…

November 1, 2013

Business and Financial Services

False Notes in the Music Industry: Fiduciary Duty of Business Partners

A “fiduciary duty” is imposed by law upon parties with certain relationships dependent on a high level of trust and confidence. According to the Supreme Court of Virginia, a fiduciary relationship is established “whenever a special confidence has been reposed in one who in equity and good conscience is bound to act in good faith.” The duty requires scrupulous good faith and candor between the parties. It typically arises between trustee and beneficiary and guardian and ward, but also between…

November 1, 2013

Business and Financial Services

Business Audits Allow Business As Usual

Businesses often focus on day-to-day operations while overlooking internal legal and operational weaknesses that can create significant exposure over time. In this Bean, Kinney & Korman article, James V. Irving explains that regular business audits can help companies identify risks before they turn into disputes, regulatory issues, or costly litigation. The analysis highlights that an effective audit should examine more than just finances, including corporate governance documents, buy-sell…

October 22, 2013

Divorce and Family Law

What Are My Options in a Divorce Besides Going to Court?

Divorcing couples do not always need to resolve disputes through litigation, and several alternative processes may offer greater flexibility, privacy, and control than a courtroom proceeding. In this Bean, Kinney & Korman article, James W. Korman explains that options such as mediation, neutral case evaluation, arbitration, and collaborative law can help parties address custody, support, property division, and debt allocation without a trial. The piece emphasizes that these approaches may…

October 21, 2013

Construction

The Recurring Quixotic Quest for Zoning Moratoria in Northern Virginia

Arlnow.com recently reported that the Arlington Ridge Civic Association (ARCA) has requested the Arlington County Board “freeze” all zoning action within the Arlington Ridge neighborhood until the impact of current development on the neighborhood can be assessed. This request came as part of ARCA updating its Neighborhood Conservation Plan, a non-binding document that creates recommendations…

October 19, 2013

Divorce and Family Law

Divorce, Child Support and Alimony

Child support and alimony are often among the most financially significant and contested issues in a divorce, but Virginia law treats them differently. In this Bean, Kinney & Korman article, James W. Korman explains that child support is generally determined through statutory guidelines based on parental income, custody arrangements, health insurance costs, and childcare expenses, while alimony is more discretionary and depends on factors such as the length of the marriage, the parties’…

October 16, 2013

Construction

When Do Virginia Contractors Need a License?

The question of exactly what triggers a requirement for a contractor’s license comes up frequently in my practice. Like many other things in the law, the answer is not particularly clear and can be somewhat circular. Still, there are some practical signposts that provide definition and allow for some risk analysis. Starting Point: What Does…

September 25, 2013

Employment Law

Sea Change in Virginia Non-Competition Law

Virginia courts continue to view non-compete agreements skeptically, but recent case law may make it more difficult for employees to defeat those restrictions at the earliest stages of litigation. In this Bean, Kinney & Korman article, James V. Irving explains how the Virginia Supreme Court’s decision in Assurance Data, Inc. v. Malyevac shifted the procedural landscape by holding that employers should generally have the opportunity to present evidence supporting the reasonableness of a…

September 24, 2013

Construction

Newberry Station: Political Contributions vs. Political Realities

Political contributions and developer-politician interaction are facts of life in the development community. And it makes sense too – developers bring many benefits to communities, such as housing, work space, shopping, and contributions to community amenities, while politicians help marshal the project in a manner they believe will benefit constituents. To be sure, there must…

September 11, 2013

Business and Financial Services

A Tactical Approach to Defending Virginia Non-Competes

Virginia civil procedure provides a defendant with two principal avenues to challenge the sufficiency of a plaintiff’s claim. The first, a demurrer, contends that even if all well-pled facts are true, the complaint is inadequate. The court will not look beyond the four corners of the complaint in judging a demurrer. In contrast to the first challenge, a plea in bar provides a defendant with the opportunity to offer evidence to defeat the plaintiff’s claim by proving or disproving a distinct…

September 1, 2013