Blogs

Business and Financial Services

Health Savings Accounts

Health savings accounts, or HSAs, allow individuals enrolled in high-deductible health plans to set aside money on a tax-advantaged basis for qualified medical expenses. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, the analysis explains that HSA contributions can generally be made on a pre-tax basis, investment earnings grow tax-free, and withdrawals remain tax-free when used for eligible medical expenses. The article also notes that unlike flexible…

November 1, 2010

Estate Planning

The Role of the Trust Protector

Trust protectors are becoming more common in irrevocable trusts as more states modify or abolish the rule against perpetuities and allow trusts to continue for multiple generations. In this Bean, Kinney & Korman article published in the BKK Wills, Trusts and Estates Newsletter, Jonathan C. Kinney explains that a trust protector may serve as a mediator, advisor, or decision-maker when disputes arise between trustees and beneficiaries or between different classes of beneficiaries. The article…

November 1, 2010

Estate Planning

Virginia Uniform Power of Attorney Act

Effective July 1, 2010, Virginia adopted the Uniform Power of Attorney Act, joining a handful of other states that have adopted the Uniform Act in some form or fashion. Some of the highlights of the act are: Any power of attorney executed in Virginia after July 1, 2010 is deemed durable unless it expressly states otherwise. A power of attorney is not required to be acknowledged before a notary public but the party’s signature is deemed to be genuine if acknowledged before a notary public. Any…

November 1, 2010

Construction

Tenant Issues in Real Estate Leases

An earlier blog post focused on important issues relating to the Letter of Intent. Assuming now that you have gotten past the letter of intent stage and are moving forward to a binding lease agreement, we will now focus on common legal issues reviewed from the tenant’s perspective. If your current lease is up for…

October 29, 2010

Construction

Violence Against Women Act Protections Extended to HUD Program Housing

For those of you out there who own and/or operate affordable housing subsidized by HUD, you should take note that the protections extended by the Violence Against Women Act (VAWA) have been permanently extended to HUD Section 8 properties. The final rules published yesterday in the Federal Register now make the prior 2008 interim rules…

October 28, 2010

Construction

Arlington’s Community Energy Plan – Just the Facts

Well, now that I’ve had the chance to really focus on and review Arlington County’s Community Energy Plan Summary of Preliminary Recommendations and its Addendum, published on October 13th, it looks like the County has taken its first step toward its goal for a Community Energy Plan. As with prior explanations about the Community Energy…

October 26, 2010

Construction

Indemnity – Going Too Far Can Invalidate the Clause

Those wishing to stretch indemnity clauses to the limit may want to read the recent Supreme Court of Virginia case, Uniwest Construction v. Amtech Elevator Services. This case, in addition to a recent indemnification case from the 4th Circuit, demonstrate that there are some real risks to demanding excessive indemnity obligations in a contract. You…

October 22, 2010

Construction

More Votes for Northern Virginia?

Yes, it’s getting to be that wonderful time of year again, and with all the 2011 pre-legislative session jockeying already well under way in Virginia, one of the 600 pound gorillas in the room this year is how the statutorily mandated redistricting process will play out. With control over the house and senate split, and…

October 21, 2010

Construction

A New Zoning Ordinance for Arlington County?

How many times have you land use and zoning folks gone through your locality’s zoning ordinance, read some random sentence that is a surviving remnant from like the 1938 ordinance, and thought: “What the heck does ‘draying’ mean? And what does this have to do with our twenty story office building?” Or, “Can my neighbor…

October 19, 2010

Construction

Breaking News: GSA to Require LEED Gold on all GSA Owned Projects

Lance Davis, director of the sustainability office for the General Services Administration, announced that moving forward, GSA will require all projects to achieve a LEED Gold certification level from through the Leadership in Energy and Environmental Design (LEED) certification system of the U.S. Green Building Council. The announcement occurred at the Green Legal Matters conference…

October 18, 2010