Blogs

Construction

A Landlord’s Duty to Mitigate. Part IV

In this series we have been examining a landlord’s duty to mitigate their damages after a default by the tenant. Earlier we looked at the laws in the District of Columbia and Virginia. An examination of Maryland’s law is below.

June 22, 2012

Construction

A Landlord’s Duty to Mitigate. Part III

This series focuses on a commercial landlord’s duty to mitigate their damges after a default by a tenant. Earlier we discussed the District of Columbia‘s treatment of the duty to mitigate. A discussion with respect to the law of Virginia is below, with Maryland to follow shortly.

June 4, 2012

Construction

Knowing When to Pull the Plug on a Construction Project

Construction projects often show warning signs long before they completely fail, but owners and contractors may ignore those signs because they hope the problems will resolve themselves. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson explains that recurring late payments, routine missed deadlines, poor workmanship, and communication breakdowns are often indicators that a project is heading toward serious trouble. The article…

June 1, 2012

Employment Law

Maryland is the first state to ban employers from asking applicants and employees for online passwords

As a follow up to my most recent post about the media coverage of the emerging trend of employers asking or requiring job applicants and/or current employees to provide their Facebook or other social media passwords, Maryland just passed legislation on Wednesday that bans employers from asking applicants and employees for their personal online passwords.…

May 3, 2012

Employment Law

A Warning for Employers Requiring Social Media Login Information

A new trend that has emerged in the employment arena is employers asking applicants to provide their Facebook username and password or other social media login information during the interview process. Other employers are making compliance with this new policy a condition of employment. Many Facebook users have increased the security settings on their accounts…

May 2, 2012

Divorce and Family Law

Estate Planning and Divorce: What to Consider When You’re Separating or Divorced

Divorce can disrupt even a carefully prepared estate plan because many estate planning documents assume a spouse will continue serving as beneficiary, executor, trustee, or agent. In this Bean, Kinney & Korman article, the analysis explains that people going through separation or divorce should review wills, trusts, beneficiary designations, powers of attorney, and advance medical directives as early as possible. The article notes that jointly owned assets may need to be retitled, beneficiary…

May 1, 2012

Estate Planning

National Health Care Decision Day: Have You Made Your Wishes Known?

National Health Care Decisions Day was created to encourage people to discuss and document their wishes regarding future medical care before a crisis occurs. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, the analysis explains that advance care planning can include living wills, advance medical directives, and health care powers of attorney naming a trusted person to make decisions if someone becomes unable to speak for themselves. The article…

May 1, 2012

Employment Law

Old Law Wins a New Case

Virginia courts apply different standards to non-compete agreements depending on the context in which the restriction appears. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Fourth Circuit reversed an Eastern District of Virginia decision in BP Products North America, Inc. v. Stanley because the trial court had evaluated a restrictive covenant in a real estate purchase agreement using the stricter standard typically applied…

May 1, 2012

Tax Law

Tax Law: Preparing for the New Tax on Investment Income

Beginning in 2013, higher-income taxpayers faced a new 3.8 percent tax on net investment income under the Affordable Care Act. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, the analysis explains that the new tax would apply to interest, dividends, rents, royalties, annuities, passive business income, and capital gains for individuals with adjusted gross income above certain thresholds. The article notes that the thresholds were $200,000 for single…

May 1, 2012

Estate Planning

Top Five Reasons to Update Your Power of Attorney

Outdated powers of attorney can create serious problems if they no longer comply with current law or reflect a person’s actual wishes. In this Bean, Kinney & Korman article, the analysis explains that one major reason to update a power of attorney is the adoption of newer laws such as HIPAA, the Uniform Health Care Decisions Act, and the Uniform Power of Attorney Act, all of which changed what authority an agent may need in order to act effectively. The article also notes that changes in…

May 1, 2012