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  • Avoiding the “Sunk Cost Fallacy” in Legal Disputes

    February 21, 2024 By Harrison J. Clinton | Business Insights

    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.

  • What is a “Low Wage” Worker and Why It Matters to Virginia Employers

    February 7, 2024 By R. Douglas Taylor, Jr. | Employment Law

    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?

  • Generative AI and Intellectual Property: Navigating the Trademark Terrain 

    January 22, 2024 By Kandis M. Koustenis | Business Insights

    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.

  • When Stormy Weather Closes Your Business, Do You Still Have to Pay Your Employees?

    January 22, 2024 By R. Douglas Taylor, Jr. | Employment Law

    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?

  • The Labyrinth of Civil Disputes: A Litigator’s Guide to Alternative Dispute Resolution (ADR)

    January 16, 2024 By Allison K. Riddle | Business Insights

    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.

  • What is “Beneficial Ownership” under the Corporate Transparency Act?

    January 8, 2024 By R. Douglas Taylor, Jr. | Business Insights

    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.

  • Generative AI and Copyright Law: The Future Awaits Deciphering

    December 19, 2023 By Kandis M. Koustenis | Business Insights

    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 Employee’s Handbook to Holiday Work

    December 14, 2023 By R. Douglas Taylor, Jr. | Employment Law

    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.

  • NLRB Delays Start Date for New Joint Employer Rule

    November 22, 2023 By R. Douglas Taylor, Jr. | Employment Law

    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.

  • Are You a Joint Employer Under the NLRB’s New Rule? Why it Matters to Your Business

    November 16, 2023 By R. Douglas Taylor, Jr. | Employment Law

    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.

  • Exploring the Spectrum of Nonprofit Tax-Exempt Entities

    November 15, 2023 By Timothy R. Hughes | Business Insights

    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.

  • Structuring, Growing, and Nurturing Your Nonprofit Board

    November 8, 2023 By Timothy R. Hughes | Business Insights

    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.

  • The Risks of Reusing Employment Document Templates

    October 30, 2023 By R. Douglas Taylor, Jr. | Employment Law

    As we navigate through 2023, the employment law landscape continues to shift and evolve, more so than many experts had anticipated. The dynamic regulatory framework has been particularly noteworthy, with federal government agencies actively weighing in and reshaping the contours of employment documentation.

  • The Basics of Nonprofit Governing Documents

    October 27, 2023 By Timothy R. Hughes | Business Insights

    This second post in our four-part series explores the basic documents that establish the structure of a non-profit and its governance. It is axiomatic that nonprofits exist to create positive change, serving communities, and advancing societal betterment. Yet, even with the most altruistic intentions, a nonprofit can only succeed when it is built upon a solid legal and structural foundation. This foundation starts with the initial governing documents and key policies which establish the rules of the road and structure of the organization.

  • Flex Drivers are Amazon Employees, not Contractors, Says Virginia Appeals Court

    October 23, 2023 By R. Douglas Taylor, Jr. | Employment Law

    In a case with significant consequences for gig economy workers and businesses in the Commonwealth, the Virginia Court of Appeals ruled recently that Amazon Logistics, Inc. (Amazon) had misclassified Ronald Diggs, a Flex delivery driver, as an independent contractor, when, in fact, he was an Amazon employee. With the Court’s finding, Amazon now owes unemployment insurance taxes and penalties to the Commonwealth of Virginia not only for Diggs, but for all its similarly misclassified Flex delivery drivers.

  • “Parking Reimagined”: A Fresh Approach to Modernizing County Parking

    October 19, 2023 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    In a practical move towards modern urban planning, Fairfax County’s Parking Reimagined project has taken a big step in reshaping the local parking landscape. Having received approval from the Board of Supervisors following a public hearing on September 26, 2023, the initiative targets modernizing off-street parking and loading requirements, ensuring they’re in sync with current and future needs.

  • “Plan Langston Blvd” to Reach County Board in November

    October 13, 2023 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    Plan Langston Blvd, a transformative vision for Route 29, envisions a tree-lined, pedestrian-friendly highway with modern apartments over retail spaces. As we approach the final stages of discussion and potential approval, the County Board could approve the Plan at their November board hearing. In this blog. we’ll shed some light on the recent developments, concerns, and diverse public opinions surrounding the plan.

  • EEOC Touts its Aggressive Enforcement Efforts in FY’23

    October 2, 2023 By R. Douglas Taylor, Jr. | Employment Law

    On September 29, 2023, the Equal Employment Opportunity Commission (EEOC or Commission) announced its year-end litigation round-up, summarizing the Commission’s enhanced efforts to enforce federal employment laws. The EEOC enforces Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, and parts of the Americans with Disabilities Act.

  • Laying the Groundwork for an Effective Nonprofit

    October 2, 2023 By Timothy R. Hughes | Business Insights

    This is the first part in a four-part series on “Legal Foundations for Starting and Operating a Nonprofit.”

    Starting a new business is exciting for every founder. Founding a nonprofit adds the layer of creating positive change in the world which adds depth and meaning as well. Meeting the challenge of starting a nonprofit requires first understanding a series of intricate legal considerations and important strategic questions. This first entry in our series aims to guide aspiring nonprofit founders through the initial steps of laying a solid initial foundation for your organization’s future success.

  • New Overtime Protections: What Employers and Employees Need to Know

    September 14, 2023 By R. Douglas Taylor, Jr. | Employment Law

    The U.S. Department of Labor (DOL) recently shook up the labor market with an announcement that could significantly impact 3.6 million low-paid salaried workers in the United States. Under the new rule proposed by the DOL, the new salary threshold for overtime pay eligibility under the Fair Labor Standards Act (FLSA) would be set at $1,059 per week or about $55,000 per year, up from the current salary level of $684 per week, or $35,578 annually.

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