Bean, Kinney & Korman, PC

2300 Wilson Boulevard Suite 700
Arlington, VA 22201, United States

  • 703.525.4000
  • 703.525.2207

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
| Civil Procedure, Commercial Law & Contracts, Business Torts, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Commercial Law & Contracts, Business Torts

Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements

People sometimes forget that when you click “I Accept” or “I Agree”, you are entering into a legally-binding contract with the software company or website owner. And usually, the terms of the contract are extremely one-sided in…more
| Commercial Law & Contracts, Science, Computers, & Technology

Common Myths about Copyrights and the Internet

Myth: If it’s on the Internet, it’s in the public domain. Mostly False. “Public domain” refers to works which are NOT protected by copyright law. There are only three ways in which something can be considered…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Protective Orders in Virginia

As I am writing this article, it is the day after the first week of NFL football games. The sole topic on the cover of sports websites, discussed on sports radio shows and covered on ESPN and other sports channels is the video…more
| Civil Remedies, Criminal Law, Family Law

Construction & Land Use Newsletter - September 2014

In This Issue: - Water, Water, Everywhere - D.C. Office of Planning Takes a Stand Against Pop- Ups with New Zoning Text Amendment - Excerpt from Water, Water, Everywhere: Despite the lingering effects…more
| Construction Law, Zoning, Planning & Land Use, Real Estate - Residential

D.C. Office of Planning Takes a Stand Against Pop-Ups With New Zoning Text Amendment

Sustained population growth in the District of Columbia in recent years has spurred a rapid wave of construction throughout the city as upscale condominium projects appear to spring up almost overnight to meet growing demand for…more
| Construction Law, Zoning, Planning & Land Use, Real Estate - Commercial

The Eight Corners Rule and the District of Columbia

The Eight Corners Rule is a judicially created rule in the District of Columbia. It allows an insurance carrier to determine whether to grant coverage when the insured files a complaint by analyzing only the “four corners” of…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Water, Water, Everywhere

Despite the lingering effects of the Great Recession on real estate, residential infill development is a popular model in Northern Virginia for the residential developer. With infill development, a developer will typically…more
| Construction Law, Real Estate - Residential

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Franchise Law

Splits Are Not the Best for Business: Uncertainty after Conflicting Decisions on the Scope of Obamacare Subsidies

The recent decisions by the Fourth Circuit and the D.C. Circuit address a controversy that could have far-reaching consequences for the Patient Protection and Affordable Care Act (the “ACA”). Under the ACA, states and the…more
| Conflict of Laws, Labor & Employment Law, Health, Insurance, Taxation

LGBT in the Workplace: The Rundown on President Obama’s Executive Orders on “Sexual Orientation” and “Gender Identity” Discrimination

On July 21, 2014, President Obama issued an executive order that amends Executive Orders 11478 and 11246 by adding LGBT anti-discrimination protections. President Obama took this action after Congress failed to pass the…more
| Civil Rights, Labor & Employment Law, Government Contracting

Wills, Trusts and Estates Newsletter - August 2014

In This Issue: - Thinking of Moving to Florida? Maybe a Little Further South is a Better Option - New Investment Thinking for Trustees? - Excerpt from New Investment Thinking for…more
| Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

Thinking of Moving to Florida? Maybe a Little Further South is a Better Option

In an effort to revitalize its economy, Puerto Rico has passed tax laws intending to attract investment to the island. Located two hours from Florida, the Caribbean territory of the U.S. offers several substantial tax exemptions…more
| Finance & Banking, Taxation

New Investment Thinking for Trustees?

Traditionally, trustees invest the assets within a trust to ensure the assets are preserved for when they are distributed to the beneficiaries, often when the beneficiaries reach a certain age. However, this “cautious”…more
| Finance & Banking, Wills, Trusts, & Estate Planning
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