Resources

Fairfax County’s 2025 Site-Specific Plan Amendment (SSPA) process is set to launch soon, presenting a significant opportunity for property owners and developers to influence the future land use of their properties. Whether you are a current property owner or an investor looking to purchase land, understanding the SSPA process is crucial to making informed decisions that could lead to more lucrative development deals. In this blog, we’ll explore how the SSPA process works, why timing is critical, and why enlisting the help of a land use attorney is essential to navigate this complex but potentially rewarding endeavor.

Navigating the operational and logistical challenges of a business divorce can be as complex as the legal and financial aspects. Properly managing these elements is crucial to ensure a smooth transition and maintain business continuity. This fifth blog in our eight-part series delves into the key operational and logistical considerations you need to address during a business divorce. From transferring ownership and assets to handling recruitment and staffing changes and establishing new policies for the use of company assets, understanding these elements will help you effectively manage the transition.

Recently, I had the pleasure of giving a virtual presentation along with my BKK colleague, Mark Viani, covering a number of significant recent workplace changes, including the FTC’s new Non-Compete Clause Rule, which will make it unlawful as of September 4, 2024, for employers to enter into new non-compete clauses with workers.  Employee non-compete provisions that were entered into prior to September 4, 2024, will also be banned under the FTC’s new Rule as of September 4, 2024, except for those with “senior executives,” a narrow category restricted more or less to C-suite executives.

The recent lawsuit against Arlington County’s “Missing Middle” Housing policy has brought the complexities of zoning and land use regulations into sharp focus. As Arlington seeks to address its housing affordability crisis, this policy aims to diversify the types of housing available, particularly in neighborhoods traditionally zoned for single-family homes. The case offers a unique opportunity to explore the legal intricacies of zoning laws and their impact on community development.

In today’s evolving workplace landscape, pay transparency has emerged as a critical topic for employers and employees alike. But what exactly is pay transparency, and why does it matter? Pay transparency involves the open sharing of information about compensation within an organization, including salary ranges, pay scales, and criteria for raises and bonuses. This blog explores the problems pay transparency aims to address, the relevant regulations for federal contractors, trends in state and local legislation, and best practices for employers, particularly in Virginia, Maryland, and the District of Columbia (DMV).

In the complex landscape of business divorces, understanding the financial and tax implications is crucial. These considerations can significantly impact both the immediate settlement and the long-term financial health of the involved parties. This blog, the fourth in our eight-part series, delves into the essential financial and tax aspects of a business divorce. From accurately valuing the business to navigating tax liabilities, this guide aims to equip you with the knowledge needed to manage these challenges effectively.

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) gave notice of proposed rulemaking titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.”  The proposed rules would for the first time set federal heat standards to protect the health and safety of U.S. workers. There are currently no federal OSHA standards regulating heat-stress hazards in the workplace.

Data centers have become a significant facet of the technological landscape, particularly in regions like Northern Virginia, which hosts a substantial portion of the world’s data infrastructure. The development of data centers, while economically beneficial, often faces community resistance and regulatory challenges. This article explores recent trends and developments in data center land use, focusing on the balance between economic growth and community concerns.

Lawyers are quite good at putting the fear of God into their clients and friends. This tendency has even been reduced to the catchy term of laying out the “Parade of the Horribles.” In reality, for non-profits, there are some things you absolutely, positively should never do … and unfortunately, I know many of these directly from watching clients and friends step on these specific rakes and suffer the resulting pain.

We’re occasionally asked if it’s a good idea for issuers to pay unregistered “finders” fees in exchange for connecting potential investors in conjunction with private securities offerings. “No,” is the short answer. The majority of finders are hired by issuers under finder’s, advisory, or other agreements that often involve payment of “success fees” when a finance transaction is completed.

On July 1, 2024, Virginia ushered in a new era in higher education in the Commonwealth with the implementation of groundbreaking legislation that bans legacy preferences in college admissions. The move positions Virginia as a leader in the quest for a more equitable and inclusive admissions process.

Negotiating an exit in a business divorce can be one of the most critical phases of the entire process. Somewhat like a conventional divorce, business divorces involve complex financial, operational, and personal considerations that can significantly impact the future of all parties involved. This blog, the third in our eight-part series, focuses on the “Dos” and “Don’ts” in taking the steps and initiating strategies for exiting the business. With the right approach, it’s possible to reach an amicable resolution that preserves relationships and secures a fair outcome for everyone.

On May 7, 2024, the Federal Trade Commission (“FTC”) published its final Non-Compete Clause Rule (“Final Rule”) making it an “unfair method of competition,” in violation of Section 5 of the Federal Trade Commission Act (“FTC Act”), for employers to “enter into non-compete clauses with ‘workers’” (includes both “employees” and “independent contractors”) after the effective date of the Final Rule, which is September 4, 2024. For worker non-competes entered into before September 4, 2024, those too are banned under the Final Rule, except for those with “senior executives,” a category restricted more or less to C-suite executives.

The Federal Trade Commission (FTC) has recently issued a groundbreaking rule aimed at banning non-compete agreements and clauses in the United States. The rule is designed to enhance competition and innovation by facilitating greater mobility in the workforce. The new rule may have a substantial impact on employment-related agreements but contains a carve out for non-competes that are tied to the “bona fide” sale of a business.

With the advent of Apple’s new AI initiative, “Apple Intelligence,” and its partnership with OpenAI to integrate ChatGPT into Siri, the demand for data centers is set to soar. As AI technology becomes more embedded in everyday devices, the need for robust and efficient data centers will only increase, leading to greater scrutiny and regulation. This article explores how data center developers and utility companies are navigating these challenges by implementing innovative solutions.

This is the second part in a series on “What You Need to Know about a Business Divorce.” To read Part One, click here. In the intricate realm of business partnerships, the dissolution of a professional relationship—commonly known as a business divorce—can be a complex and challenging process. Navigating this terrain requires careful planning, informed decision-making, and expert guidance. This blog, the second in our eight-part series, focuses on the initial considerations and steps essential for a successful business divorce. Whether you’re a seasoned entrepreneur or a legal professional, understanding these foundational aspects is crucial for managing a business separation effectively.

As we conclude our series on navigating the construction industry economy and its ramifications in 2024, we now turn to synthesizing these facts in strategic direction.

In the intricate world of urban development, zoning plays a crucial role in shaping our cities and communities. Public-private partnerships (PPPs) have emerged as a dynamic tool for navigating the complexities of zoning ordinances, particularly in regions like Northern Virginia. This article explores how PPPs can collaborate effectively to overcome zoning challenges and drive successful development projects, highlighting recent changes in the PPP structure and showcasing real-world examples in the DMV area.

This is the first part in a series on “What You Need to Know about a Business Divorce.” In the dynamic world of business, partnerships and joint ventures can sometimes reach an impasse, leading to what is known as a “business divorce.” This term refers to the legal separation of business partners or co-owners who can no longer work together effectively. Much like its marital counterpart, a business divorce can be complex and emotionally charged, impacting both the personal and professional lives of those involved.

Navigating the complexities of a legal dispute often involves understanding various legal tools, one of which is the subpoena. This comprehensive guide explains what a subpoena is, its implications, and how to effectively respond to ensure compliance while protecting your legal interests.