Resources

In our last article, we discussed the general state of the regional construction economy and how that applies to specific industry vertical markets. We now turn to specific national macro-economic trends and discuss how these trends in turn impact the current regional construction economy. As part of this dialogue, we also discuss how these specific trends point towards specific contract and risk management issues that need to be front and center right now.

At Bean, Kinney & Korman, my experience as a litigator has provided me with countless opportunities to observe the transformative power of arbitration in resolving disputes outside the traditional court system. Arbitration is a strategic choice for businesses. Arbitration comes in a variety of forms, each designed to cater to the specific needs and circumstances of the disputing parties. Let’s take a closer look at the diverse types of arbitration that businesses can leverage:

This year has brought about distinct challenges and opportunities in the Washington, DC construction market. These changes reflect the broader economy and specific local dynamics. We will explore the current environment across various construction sectors and identify trends that are shaping the industry.

In a decision of significance for private schools and other tax-exempt organizations, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided recently that merely having 501(c)(3) tax status is not a form of “federal financial assistance” sufficient to subject a tax-exempt school or organization to compliance obligations under Title IX of the Education Amendments of 1972 (Title IX).

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently released its FY 2023 Office of General Counsel (“OGC”) Annual Report reflecting the agency’s litigation efforts to enforce federal anti-discrimination laws for the fiscal year ending September 30, 2023.It shows that the agency doubled the number of lawsuits filed against employers.

The ripple effects of a bankruptcy in the construction sector can be far-reaching, impacting not just the entity filing for bankruptcy but also its partners, including general contractors, subcontractors, suppliers, and owners. The financial stability of your construction business can be severely affected by the bankruptcy of a third party, regardless of its tier in the construction process. However, with the right tools and resources, you can protect your business from significant losses.

The emergence of Northern Virginia, specifically Prince William County, as a burgeoning data center hub encapsulates a dynamic intersection of technological advancement and community response. This region, on track to surpass Loudoun County as the data center capital of the world, exemplifies the massive infrastructural and economic transformations driven by the digital era. With over forty-five existing data centers and potential expansion to 80 million square feet, Prince William County’s trajectory illustrates the immense scale of data center proliferation.

In the fast-paced world of construction, managing financial risk is paramount for both general contractors and subcontractors. A critical aspect of this risk management is understanding the contractual mechanisms in place, particularly “Pay-if-paid” and “Pay-when-paid” clauses. These clauses can significantly impact the cash flow and financial stability of the parties involved. Here’s what you need to know about these clauses in Washington D.C., Virginia, and Maryland.

When considering a settlement proposal, businesses and individuals alike often fall into the decision-making trap termed the “sunk cost fallacy.” This article will discuss what the sunk cost fallacy is, provide common examples, and explore strategies for avoiding its pitfalls.

The Virginia Department of Labor and Industry (DOLI) announced recently that the average weekly wage, which is used to define “low wage employee” in the Commonwealth would increase to $1,410 per week in 2024, up from $1,343 per week in 2023. Why might that matter if you are a Virginia employer?

In our previous exploration of generative AI, we pierced the veneer of copyrights. Today, we venture further into the realm of Intellectual Property (IP), focusing on another cornerstone: trademarks. As AI’s prowess expands, the boundaries of trademarks are increasingly tested, compelling us to reexamine foundational principles in this AI-infused era.

For the first time in more than two years, the northern Virginia area was blanketed by a significant winter storm recently, with enough snow accumulation that many businesses made the decision to close for the day. Those office closures likely raised questions that many Virginia employers hadn’t thought about for a while: Do I have to pay my employees, if I decide to shut things down because of bad weather?

In the world of civil litigation, the pursuit of resolution does not always necessitate the formal battleground of a courtroom. As a practical litigator at Bean, Kinney & Korman, I recognize how valuable it is to guide parties through the Alternative Dispute Resolution (ADR) process—often a more collaborative and empowering pathway to settle disputes. ADR encompasses a spectrum of methodologies, each designed to facilitate a resolution tailored to the nuanced needs of the parties involved, well before the specter of a trial looms on the horizon.

In a move to fortify transparency within corporate America, the enactment of the Corporate Transparency Act (CTA or Act) and its implementing regulations have introduced critical changes to the reporting and disclosure requirements for businesses. A central aspect of this legislation is the concept of “beneficial ownership.” This term, crucial yet complex, is essential for compliance officers, business owners, and stakeholders to fully understand. This blog aims to provide a detailed overview of what “beneficial ownership” means under the CTA and the ensuing responsibilities for beneficial owners.

Introduction: Embracing the Digital Renaissance

In the expansive digital universe, few technological marvels evoke as much fascination and debate as generative AI. At its core, this technology, powered by intricate algorithms, challenges conventional notions of creativity by producing content autonomously, often surpassing human capabilities in nuance and complexity. But as with all disruptive innovations, its rapid ascent brings with it a plethora of unresolved questions, particularly in the realm of legal rights and protections.

The holiday season often brings a surge in work hours, especially for those in the retail and service industries. This period, while potentially lucrative for both employers and employees, also brings with it questions about holiday pay, overtime, and legal rights. This article aims to address these concerns, offering clarity and some guidance to help navigate the festive but often complex holiday work schedule.

On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a new rule, with an effective date of December 26, 2023, establishing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA. A more detailed evaluation of the new joint employer rule is available here.

On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a long-awaited new rule addressing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA.

Determining exactly what type of non-profit structure your entity has, and which exempt organizations may apply, is a critical first question for your organization. The mission, vision, and values are the beating heart of your nonprofit’s activities. Still, fiscal responsibilities play a pivotal role in the survival and success of your organization. In this fourth and final part of our series, we aim to shed light on the intricate world of nonprofit structures and the various IRS designations that apply to nonprofits.

Non-profit organizations are generally governed by a board of directors. The board retains the chief executive officer, sets the organization’s strategy, establishes the budget, and tries to develop resources to meet the missions and strategy of the organization. The board of directors plays a pivotal role in guiding and amplifying the organization’s efforts. The board makes the difference between an organization that merely exists and one that thrives and creates impactful change. In this, our third blog in the series, our focus shifts from the foundational elements of a nonprofit to the intricacies of board management.