Blogs

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

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