James V. Irving

James V. Irving

Bean, Kinney & Korman, PC

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Business Law Newsletter - November 2014

In This Issue: - Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements - Fraud in Virginia - Common Myths about Copyright and the Internet - Excerpt from...more

11/18/2014 - Apple Clickwrap Agreements Copyright Fair Use Federal Rules of Civil Procedure Fraudulent Inducement Internet IP License iTunes License Agreements Pleading Standards Public Domain Software

Fraud in Virginia

Fraud cases in Virginia are not only difficult to prove, but can also be challenging to plead. The well-established standard that fraud must be pleaded with particularity diverges from the “notice pleading” test that permits...more

11/17/2014 - Federal Rules of Civil Procedure Fraud Fraudulent Inducement Pleading Standards

Restrictions in Franchise Agreements Narrowly Construed

Virginia’s public policy in favor of freedom of contract is well established. It may be most conspicuously evidenced by the Supreme Court of Virginia’s increasingly narrow construction of post-contract employment restrictions...more

9/3/2014 - Franchise Agreements Franchises Non-Compete Agreements Restrictive Covenants

Tortious Interference in Virginia – Improper Methods Requirement

The U. S. District Court for the Eastern District of Virginia says a company that hired away a competitor’s employees may be liable for tortious interference. This can occur with an at-will business contract without the need...more

7/3/2014 - Employer Liability Issues Employment Contract Hiring & Firing Restrictive Covenants Tortious Interference

Data Security in a Technological World

The Uniform Trade Secrets Act, adopted by 47 states including Virginia, Maryland, and the District of Columbia, generally defines protectable trade secrets as information that derives independent economic value from not being...more

6/4/2014 - Cybersecurity Data Breach Data Protection Electronically Stored Information Popular UTSA

Enforcing Oral Contracts: The Presumption is Against You

Oral contracts are often difficult to enforce because the facts are contested or remembered differently. The age-old admonition to “get it in writing” is as valid today as in the days of scriveners with quill pens. David...more

5/1/2014 - Employment Contract Hiring & Firing Oral Contracts Pre-Termination Notice Severance Pay

The Hidden Power of Routine Contract Provisions

Sometimes contractual provisions considered to be routine or boilerplate can have practical consequences down the road. A recent case from the U.S. District Court for the Eastern District of Virginia reminds us that choice...more

3/6/2014 - Arbitration Arbitration Agreements Contract Disputes Contract Drafting

Business Law Newsletter - January 2014

In This Issue: - Minority Shareholder Rights in Virginia - Revisions to Federal Non-Party Subpoena Power (Rule 45): Streamlining and Simplifying Outdated Procedures, Effective December 1, 2013 - Common...more

1/9/2014 - Copyright Minority Shareholders Non-Parties Small Business Startups Subpoenas

3 Things Small Business Owners Don't Include in Their Year-End Planning, But Should

When it comes to year-end planning, what's the one thing most small business owners don't do but should? That's the question we put to attorneys writing on JD Supra, knowing that the diversity of insights would make...more

12/4/2013 - Buy-Sell Agreements Employee Benefits Legal Perspectives Small Business Year-End Compliance Checklist Year-End Planning Year-End Tax Planning

Minority Shareholder Rights in Virginia

In August 2012, Judge Jane Marum Roush, sitting by designation in the Circuit Court of Buckingham County, issued a comprehensive letter opinion in Colgate et al. v. The Disthene Group, Inc. The opinion reassessed a...more

12/3/2013 - Board of Directors Closely Held Businesses Corporate Dissolution Corporate Governance Corporate Officers Fiduciary Duty Minority Shareholders Shareholder Rights Shareholders

False Notes in the Music Industry: Fiduciary Duty of Business Partners

A “fiduciary duty” is imposed by law upon parties with certain relationships dependent on a high level of trust and confidence. According to the Supreme Court of Virginia, a fiduciary relationship is established “whenever a...more

11/5/2013 - Breach of Duty Fiduciary Duty Good Faith LLC Music Industry Partnerships

Business Audits Allow Business As Usual

Preventive law is a prime component of our business law philosophy. As with doctors who prescribe preventive steps to avoid illness, we counsel our business clients to insure compliance with corporate formalities and to...more

10/22/2013 - Audits Compliance Required Documentation Trade Secrets

Sea Change in Virginia Non-Competition Law

On Sept. 12, the Virginia Supreme Court handed down Assurance Data Inc. v. Malyevac, rebalancing the scales in the continuing battle to find the proper equilibrium between over-breadth and enforceability in non-competition...more

9/25/2013 - Non-Compete Agreements Restrictive Covenants

Business Law Newsletter - September 2013

In This Issue: - Proactive Steps to Protect Trade Secrets - Finding a Safe Path to Following the FCC’s Newest Consumer Privacy Directives - A Tactical Approach to Defending Virginia Non-Competes - Excerpt...more

9/10/2013 - FCC Litigation Strategies Non-Compete Agreements Privacy Laws Privacy Policy Restrictive Covenants

Proactive Steps To Protect Trade Secrets

The Virginia Trade Secrets Act protects the critical business secrets of a person or individual provided three pre-conditions are met: 1) the information to be protected must fit the definition of a trade secret;...more

9/4/2013 - Data Protection Trade Secrets

A Tactical Approach To Defending Virginia Non-Competes

Virginia civil procedure provides a defendant with two principal avenues to challenge the sufficiency of a plaintiff’s claim. The first, a demurrer, contends that even if all well-pled facts are true, the complaint is...more

8/30/2013 - Demurrers Non-Compete Agreements Restrictive Covenants

Pitfalls On Termination: Employer May Be Liable For Employees’ Loose Talk

Even though a Virginia bank properly terminated a bank teller and then warned bank employees not to discuss it, the bank still faced potential liability to the ex-teller for defamation when employees talked about it to...more

7/8/2013 - Defamation Employer Liability Issues First Amendment Hiring & Firing Just Cause Liability Termination

New I-9 Creates Risk for Employers

On March 8, the Department of Homeland Security adopted a new Form I-9. The I 9 establishes employment eligibility for a potential worker and is a required document for all new hires. Forms must be completed by all U.S....more

4/24/2013 - Eligibility Employer Liability Issues Forms I-9 Required Documentation

Business Law Newsletter - March 2013

In This Issue: - Business Torts in Virginia - Virginia Non-Competition Law After Home Paramount - 2013 Mileage Rates Alert - Excerpt from 2013 Mileage Rates Alert: The Internal Revenue Service has...more

3/18/2013 - Business Torts Civil Conspiracy Fiduciary Duty Fraud IRS Misappropriation Non-Compete Agreements Pleadings Standard Mileage Rates Tax Deductions Tortious Interference Trade Secrets

Business Torts In Virginia

In late January, the United State District Court for the Eastern District of Virginia, sitting in Richmond, handed down an opinion that provided a succinct analysis of the pleading standards applicable to several Virginia...more

3/7/2013 - Business Torts Civil Conspiracy Conversion Fiduciary Duty Fraud Misappropriation Tortious Interference Trade Secrets

Virginia Non-Competition Law After Home Paramount

The 2011 Virginia Supreme Court decision in Home Paramount Pest Control Companies, Inc. v. Shaffer turned Virginia non-competition law upside down. As I discussed more fully in a prior article, Home Paramount established a...more

3/1/2013 - Franchise Agreements Home Paramount Pest Control Companies Inc. Inc. v Goldberg Non-Compete Agreements Severability Doctrine United Marketing Solutions

Business Law Newsletter - January 2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

1/10/2013 - Breach of Contract Communications Decency Act Conversion Copyright Defamation DMCA Infringement Sanctions Software Statute of Limitations Third-Party Trade Secrets Website Owner Liability Written Agreements

Business Tort Suit Brings Sanctions

Virginia’s business-friendly laws and precedents provide employers with powerful remedies and employees with effective deterrents against wrongful conduct in business affairs. As a Fairfax Circuit judge has recently...more

12/31/2012 - Breach of Contract Conversion Sanctions Software Trade Secrets

Written Contracts And The Statute Of Limitations

Business people prefer written to oral contracts for many reasons. Among them, the terms of a written contract are less susceptible to misconstruction or misunderstanding, and some oral agreements – including real estate...more

12/24/2012 - Breach of Contract Statute of Limitations

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