Blogs

Intellectual Property

Common Copyright Mistakes Small Businesses Make

Small businesses often expose themselves to legal risk by misunderstanding who owns creative content and how copyrighted materials can be used. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, Ashley R. Dobbs explains that one of the most common mistakes is failing to secure ownership of intellectual property created by non-employees, such as designers or developers, when no written “work for hire” or assignment agreement is in place. The article also…

January 1, 2014

Employment Law

Avoiding Pitfalls of Severance Agreements

Severance agreements are commonly used to manage risk when terminating employees, but poorly structured agreements can create unintended legal exposure for employers. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, Rachelle Hill explains that employers should carefully structure releases, avoid attempting to waive future claims, and ensure agreements are executed at the appropriate time—typically at the end of employment—to remain enforceable. The analysis…

January 1, 2014

Employment Law

2013 Virginia Employment Law in Review

In anticipation of a new year, the following is a brief overview of selected notable employment-related cases in Virginia from 2013. These cases involve non-competition agreements, discrimination claims and bankruptcy issues. Each case has components to keep in mind when dealing with employment matters in Virginia. Demurrer Not Proper Challenge Non-Compete Assurance Data, Inc. v.…

December 28, 2013

Construction

Much Ado About Subdivided Lots and Plats

Pop quiz: You want to purchase an undeveloped lot with the hopes of building your home on it. You hire a title company to perform the title work, which appears to come back clean. You are told your lot used to be part of a bigger parcel, but it was subdivided a few years ago,…

December 26, 2013

Construction

Five Construction Terms Contractors Need to Worry About

Most contract negotiations boil down to several key terms. For construction contractors, these are five critical items that you need to carefully consider and negotiate in each of your agreements. I. What is the Scope? The starting place of a construction contract is the work to be performed. Remarkably, this is often poorly or inconsistently…

December 16, 2013

Business and Financial Services

Minority Shareholder Rights in Virginia

Minority shareholders in closely held Virginia corporations may have legal remedies when majority owners use control in ways that are oppressive, fraudulent, or unfairly prejudicial. In this Bean, Kinney & Korman article, James V. Irving examines Virginia law through the lens of Colgate v. The Disthene Group, Inc., focusing on claims involving shareholder oppression, waste of corporate assets, and misuse of corporate control. The piece explains that while the business judgment rule can protect…

December 2, 2013

Tax Law

1031 Exchanges with a Twist

Section 1031 exchanges can help real estate investors defer capital gains taxes, but the short identification window often makes it difficult to find replacement property that fits an investor’s goals. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains how investors have traditionally used tenant-in-common structures to pool capital, while also warning that those arrangements can become unstable when unanimous consent…

November 2, 2013

Estate Planning

Estate Administration 101: What You Need to Know to Effectively Administer an Estate Qualifying as Executor

Serving as an executor starts with a formal qualification process, and that first step can be more demanding than many people expect. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Lauren K. Keenan explains that an executor must bring the original will and any codicils to the proper probate office, confirm jurisdiction, prepare for possible bond or surety requirements, and complete the court process necessary to receive letters of qualification.…

November 2, 2013

Construction

Of Boats, Dining and Zoning: Virginia Supreme Court Decides Old Dominion Boat Club v. Alexandria City Council

On October 31, 2013, the Virginia Supreme Court decided Old Dominion Boat Club v. Alexandria City Council, et al. The case involved ongoing litigation between the Old Dominion Boat Club (ODBC), the City of Alexandria, and the owner of a restaurant along Union Street in Alexandria, regarding the continuing existence of a private easement in…

November 1, 2013

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