Blogs

Employment Law

Fourth Circuit Joins D.C. Circuit in Striking Down NLRB’s Employee Rights Notice Posting Rule

In June 2013, the Fourth Circuit joined the United States Court of Appeals for the District of Columbia Circuit in vacating the National Labor Relations Board’s “notice posting rule” (the “rule”). The controversial rule would have impacted nearly six million employers, the majority of which are small businesses. The rule issued by the National Labor…

August 16, 2013

Divorce and Family Law

Divorce and the Professional: Division of Property and Business Interests

Divorce can create especially difficult property division issues for professionals, business owners, and individuals with stock options or ownership interests in closely held companies. In this Bean, Kinney & Korman article, James W. Korman explains that equitable distribution laws can treat business interests, stock, deferred compensation, and professional practices as marital property subject to division. The article notes that even where one spouse built the business independently,…

August 7, 2013

Estate Planning

Uniform Real Property Transfer on Death Act

Transfer-on-death deeds can allow real property to pass directly to named beneficiaries without going through probate, creating a simpler option for certain estate plans. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains that Virginia’s adoption of the Uniform Real Property Transfer on Death Act allows real estate to be handled in a manner similar to bank or brokerage accounts with transfer-on-death or pay-on-death…

August 2, 2013

Estate Planning

Basic Information About Durable General Powers of Attorney

A durable general power of attorney can be one of the most important estate planning documents because it allows a trusted agent to manage financial and legal matters if the principal becomes incapacitated. In this Bean, Kinney & Korman article, the analysis explains that Virginia’s Uniform Power of Attorney Act changed several important rules governing these documents. Powers of attorney are now presumed durable unless stated otherwise, copies may be accepted in place of originals, and…

August 1, 2013

Estate Planning

Per Stirpes Means Per Stirpes, Correct?

The phrase “per stirpes” does not always produce the same inheritance result because some states follow a traditional definition while others use the modern approach contained in the Uniform Probate Code. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains that the traditional per stirpes method begins dividing an estate at the generation closest to the decedent, even if everyone in that generation has died, while the…

August 1, 2013

Tax Law

When You Thought It Was Safe to Go Back in the Water – Estate Tax Revisions

Federal estate tax changes in 2013 reduced uncertainty in some areas, but they also made clear that additional revisions could still be on the table. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains that the American Taxpayer Relief Act of 2012 set the federal estate, gift, and generation-skipping transfer tax exemption at $5.25 million per person, indexed for inflation, while increasing the top estate tax rate to 40…

August 1, 2013

Construction

Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims

On July 25, 2013, the United States Court of Appeals for the Fourth Circuit decided Sansotta v. Town of Nags Head, a case out of North Carolina. Sansotta dealt with the important issue of “ripeness,” which asks whether a case is procedurally appropriate for a court to make its decision.

July 27, 2013

Employment Law

Administration Postpones Health Care Reporting and Penalties Until 2015

On Tuesday, July 2, the Treasury Department announced that the Obama Administration will delay the Affordable Care Act’s mandatory employer and insurer reporting requirements for another year. These requirements will not take effect until 2015 while the Treasury Department works out new rules to help businesses navigate the complexities of the health care mandate. The…

July 3, 2013

Employment Law

SCOTUS Strikes Down DOMA – Employer Obligations in Virginia, D.C. and Maryland

Employers must take heed and review their employee benefit packages in light of the Supreme Court’s opinion, United States v. Windsor, finding that the Defense of Marriage Act (DOMA) is unconstitutional. The opinion directly impacts employers in the 12 states, including Maryland and the District of Columbia recognizing same-sex marriage. While the impact may not…

July 1, 2013

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