Blogs

Business and Financial Services

Pitfalls on Termination: Employer May be Liable for Employees’ Loose Talk

Employers can create unnecessary legal exposure during a termination if managers or supervisors make careless statements about why an employee was fired. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that comments made after termination can support claims for defamation, breach of contract, or wrongful discharge if they are inaccurate or inconsistent with the employer’s documented reasons. The article discusses Sewell v. Wells…

July 1, 2013

Employment Law

U.S. Supreme Court Decision Limits Employer Liability in Title VII Cases

Vance v. Ball State University You may be aware of the U.S. Supreme Court decision in Vance v. Ball State University, issued on June 24, 2013, which held that an employer is not strictly liable for a supervisor’s harassment unless the supervisor has the authority to take a “tangible employment action” against the employee. In…

June 27, 2013

Construction

What the SCOTUS Opinion in Koontz v. St. Johns River Water Management District Means for Virginia Property Owners

Today, the U.S. Supreme Court (“SCOTUS”) issued its opinion in Koontz v. St. Johns River Water Management District, No. 11-1447, slip op., 570 U.S. ___ (2013). Koontz, a victory for the property owner, is an important property rights case affecting the government’s ability to impose monetary conditions on the approval of land use permits.

June 25, 2013

Construction

Upcoming Changes to Parking Space Requirements of the Arlington County Zoning Ordinance

Arlington Commercial Parking Working Group It is no secret Arlington’s workforce is changing how they get to work. In recent years, there has been a shift from single-occupancy vehicle (“SOV”) trips to other transportation modes, such as Metrorail, bicycling, and bus. This has caused developers of commercial site plan projects in Arlington County, especially along…

June 20, 2013

Divorce and Family Law

When You Are Divorced, What Happens to Child Custody if a Parent Moves?

Relocation after divorce can significantly affect custody and visitation arrangements, especially when one parent wants to move far enough away to disrupt the existing parenting schedule. In this Bean, Kinney & Korman article, James W. Korman explains that Virginia courts evaluate relocation requests under the “best interests of the child” standard rather than automatically allowing or prohibiting a move. The article notes that courts will consider factors such as which parent has been the…

June 11, 2013

Business and Financial Services

Regular guest blogger on the Washington Business Journal’s blog Biz Beat

In this Washington Business Journal Biz Beat guest blog post, Timothy R. Hughes discusses the privacy and legal risks raised by the Carrier IQ controversy and warns that similar forms of hidden data collection could emerge through other mobile technologies. The piece explains that Carrier IQ software drew national scrutiny after reports that it could monitor smartphone activity without clear consumer awareness, prompting investigations and widespread concern about transparency in mobile data…

June 7, 2013

Land Use & Zoning

Arlington County Reconsiders Parking Ratios for Commercial Site Plans

Arlington County’s effort to revisit parking ratios for commercial site plans reflected a broader shift away from auto-focused development and toward transit-oriented planning. In this Bean, Kinney & Korman article, Mark Viani and Matt Roberts explain that Arlington County was considering a new system under which developers providing less parking than the “starting parking ratio” for a project area would pay mitigation fees to offset increased demand on public transportation and other…

June 1, 2013

Real Estate

Zoning Ordinance Revisions Affecting Arlington County’s By-Right Outdoor Cafés

Arlington County’s 2013 zoning amendments brought greater clarity and flexibility to the rules governing by-right outdoor cafés. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Matthew G. Roberts explains that the Arlington County Board approved revisions to the zoning ordinance that formalized many long-standing administrative practices while updating the rules for outdoor dining areas. The article notes that the amendments created a formal…

June 1, 2013

Employment Law

Pets in the Workplace: Policies and Guidelines, Part 3

This is the final part of the three part series addressing pets in the workplace. The first post discussed the benefits of allowing pets in the workplace. This second post provided insight into the legal liabilities of having pets in the office and other litigation that has occurred in this area. This final post provides…

May 28, 2013

Employment Law

Pets in the Workplace: Legal Liabilities Part 2

This is part two of the three part series addressing pets in the workplace. The first post discussed the benefits of allowing pets in the workplace. This second post will provide insight into the legal liabilities and other litigation that has occurred in this area. Our final post next week will include information on how…

May 24, 2013