Blogs

Divorce and Family Law

How Is Child Custody Determined?

Child custody decisions are driven by one central principle: the best interests of the child. In this Bean, Kinney & Korman article, James W. Korman explains that Virginia courts look at a broad range of practical factors when determining custody, including each parent’s involvement in the child’s daily life, the quality of the parent-child relationship, the parent’s ability to provide stability, and any concerns about abuse, neglect, substance abuse, or other forms of parental unfitness. The…

May 3, 2013

Business and Financial Services

New I-9 Creates Risk for Employers

The federal government’s revised Form I-9 created new compliance challenges for employers by expanding the form, increasing documentation requirements, and adding complexity to the employment verification process. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the 2013 version of the I-9 became significantly longer and more detailed than prior versions, increasing the likelihood of clerical mistakes and incomplete entries. The…

May 1, 2013

Estate Planning

The Benefits of Appointing A Standby Guardian

Parents often name a guardian for minor children in a will, but a will only becomes effective at death and does not address situations where a parent is still living but unable to care for a child. In this Bean, Kinney & Korman article, the analysis explains that a standby guardianship allows a parent to designate someone in advance to assume responsibility for a child if a triggering event occurs, such as incapacity, terminal illness, or death. The article notes that Virginia law permits…

May 1, 2013

Divorce and Family Law

Emergency Points if a Divorce is Impending: Financial Accounts and Personal Property

When divorce appears likely, one of the biggest immediate risks is that a spouse may begin dissipating assets, moving money, or taking control of jointly held property before any formal court orders are in place. In this Bean, Kinney & Korman article, James W. Korman explains that individuals considering separation should promptly review joint bank accounts, brokerage accounts, credit cards, debit cards, safety deposit boxes, and valuable personal property. The article notes that either party…

March 27, 2013

Construction

Lien Rights of Lenders and Landlords – Part II

In Part I of this blog post, we discussed the varied interests of the landlord and the tenant’s lender in the tenant’s personal property located at the premises in the context of a commercial lease. Part II below will discuss suggested compromise solutions and a typical landlord waiver.

March 10, 2013

Business and Financial Services

Business Torts in Virginia: Alliance Technology Group LLC v. Achieve 1, LLC

Virginia business tort claims often rise or fall based on pleading standards, particularly in disputes involving former employees, trade secrets, and alleged business conspiracies. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains how the Eastern District of Virginia’s decision in Alliance Technology Group, LLC v. Achieve 1, LLC analyzed claims involving breach of fiduciary duty, tortious interference, conspiracy, trade secret…

March 1, 2013

Construction

Construction Contracts: Avoiding Clashes and Irreconcilable Differences

Construction contracts often fail because the parties focus heavily on price and scope while overlooking the provisions that govern what happens when problems arise. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that poorly coordinated contract provisions can create conflicts involving payment timing, delay claims, indemnification obligations, insurance requirements, dispute resolution procedures, and change order…

March 1, 2013

Business and Financial Services

Virginia Non-Competition Law After Home Paramount

The Virginia Supreme Court’s decision in Home Paramount Pest Control Companies, Inc. v. Shaffer continued to reshape the enforceability of restrictive covenants well after the original 2011 ruling. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that Home Paramount established a stricter approach to evaluating the “function” element of non-compete agreements, making overly broad restrictions far more vulnerable to challenge. The…

March 1, 2013

Business and Financial Services

How to Protect Your Assets As a Business Owner

Business owners often assume that forming an LLC or corporation is enough to shield personal assets from business liabilities, but that protection can be lost if the entity is not maintained properly. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts & Estates Newsletter, Jonathan C. Kinney explains that courts are more likely to “pierce the corporate veil” when owners fail to treat the business as a separate legal entity. The article highlights several important…

February 1, 2013

Divorce and Family Law

Separated But Not Divorced: Don’t Wait to Update Your Estate Plan

Separation alone does not automatically remove a spouse from an estate plan, which means delaying updates can create serious unintended consequences if one spouse dies before the divorce is finalized. In this Bean, Kinney & Korman article, the analysis explains that under Virginia law, a separated spouse may still retain inheritance rights, elective share rights, and authority under existing powers of attorney until a divorce decree is entered. The article notes that individuals who are…

February 1, 2013