Overview
James Irving is senior counsel with Bean, Kinney & Korman. Jim’s practice areas include business counseling and entity formation, contracts, purchase and sale agreements, shareholder or membership agreements, non-competition agreements, non-disclosure and trade secret agreements, as well as the purchase and sale of the stock or assets of a business, and the negotiation, drafting and litigation of employment agreements.
A graduate of the University of Virginia, where he earned a BA in English, with distinction, and the College of William and Mary, where he earned his JD. He is a member of the bars of Virginia and his native Massachusetts.
Jim helps a broad variety of businesses and their respective management teams anticipate and address the legal issues affecting them. His wealth of experience as both a trial lawyer and transactional attorney allows him to bring a broad perspective to his work. As a creative problem solver, Jim works to find practical solutions to business problems but understands that aggressive litigation can be the logical extension of an unsuccessful negotiation.
Jim represents various types of businesses including hotels and restaurants, medical practices, government contractors, retailers, builders and architects, and professional service providers such as accountants, personnel placement businesses and financial planners. He understands that many of the businesses he represents often have similar problems, but that for each business owner, his or her problem is paramount and expects and deserves individual attention.
Reported Cases
- Kapani v. Rana, 55 Va. Cir. 16 (2001)
- Mikkilineni v. Gibson-Thomas Eng’g Co., No. 02-1118, 2003 U.S. Dist. LEXIS 5754 at *1 (D.D.C. Mar. 31, 2003)
- Roy J. Bucholtz, P.C. v. Computer Based Sys., 255 Va. 349 (1998)
- Matrix Mech. Corp. v. Harrison, Nos. 2068-96-4; 2069-96-4, 1997 Va. App. LEXIS 176 at *1 (Mar. 25, 1997)
- Far East Bank v. Dang, 257 Va. 524 (1999)
- Lee v. Mulford, 269 Va. 562 (Va. 2005)
- Trimark Ptnrs., L.L.C. v. HST, LL.C., 39 Va. Cir. 415 (Va.Cir.Ct., 1996)
Bar and Court Admissions
Virginia, 1982
Massachusetts, 2000
U.S. District Court for the Eastern District of Virginia
U.S. Bankruptcy Court for the Eastern District of Virginia
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of Maryland
Education
Marshall-Wythe School of Law, College of William and Mary, J.D., 1981
University of Virginia, B.A. with distinction, 1976
Awards and Honors
Virginia Business Legal Elite in Administrative/Government/Legislative, 2023
Arlington Magazine, Top Attorney – Business/Corporate, 2019, 2021
AV rated by Martindale-Hubbell
Affiliations
Virginia State Bar
Arlington Bar Association
Fairfax Bar Association
D.C. Bar
Exit Planning Exchange
Arlington Community Foundation (Program and Distribution Committee)
Greater Washington Board of Trade (Former Member, Green Committee)
Arlington YMCA (Former Member, Board of Directors)
Arlington Rotary (Former Member, Past President, Paul Harris Fellow)
Alpha Omicron of Chi Psi, Charlottesville, Virginia (Board of Directors)
Events
- Judge at the 47th Annual William B. Spong Tournament
Friday, February 16, 2018 - Employees vs. Independent Contractors vs. Interns: Worker Designations and Why It Matters
Wednesday, October 16, 2013 - Seminar on Starting a New Business and Employment Law
Friday, June 7, 2013
News
- Twenty-eight Attorneys from Bean, Kinney & Korman Recognized as Top Attorneys for 2021 by Arlington Magazine
Thursday October 21, 2021 - Twenty-six Attorneys from Bean, Kinney & Korman Recognized as Top Attorneys by Arlington Magazine
Friday October 18, 2019 - James Irving was featured in “3 Things Small Business Owners Don’t Include in Their Year-End Planning, But Should.”
JD Supra Law News, Thursday December 5, 2013 - Jim Irving featured in “Protecting the Biz: Safeguarding Musts”
Northern Virginia Magazine, Wednesday June 1, 2011 - Jim Irving featured in “Slip-and-fall plaintiff fighting to recover funds”
Virginia Lawyers Weekly, Thursday September 2, 2010
Blogs
- What Should You Choose? A Sub-S Corporation or an LLC
Business Insights, Sunday August 27, 2017 - Indefinite Geographical Range Sacks Enforceability of Non-Compete Agreement
Business Insights, Monday June 26, 2017 - Data Security in a Technological World
Employment Law, Friday September 12, 2014
Publications
- SCC’s Increased Security Promises Greater Burdens for Users
LinkedIn, December 12, 2019 - Can an Employee Who Quits Receive Unemployment Benefits
LinkedIn, September 10, 2019 - Successor Liability: a New Corporation is Not an Escape Route
January 30, 2017 - The Public’s Right to Access Trumps Trump University’s Confidentiality Claim
June 20, 2016 - Creative Pleading in Business Torts
BKK Business Law Newsletter, May 20, 2016 - Lessons from the Bankruptcies of Donald Trump
Bankruptcy Law News, May 9, 2016 - HR 101 from Abercrombie & Fitch
BKK Business Law Newsletter, January 21, 2016 - Trade Secrets and Confidentiality
BKK Business Law Newsletter, January 21, 2016 - Obligations of the Corporate Status
BKK Business Law Newsletter, November 24, 2015 - New Laws in Local Jurisdictions
BKK Business Law Newsletter, September 1, 2015 - Latent Drunk Driving
BKK Business Law Newsletter, September 1, 2015 - USDC Weighs in on Tortious Interference
BKK Business Law Newsletter, July 2, 2015 - DWI in Your Driveway
BKK Business Law Newsletter, March 2, 2015 - Charities and Gambling
March 2, 2015 - Fraud in Virginia
BKK Business Law Newsletter, November 12, 2014 - Restrictions in Franchise Agreements Narrowly Construed
BKK Business Law Newsletter, September 2, 2014 - Tortious Interference in Virginia – Improper Methods Requirement
BKK Business Law Newsletter, July 1, 2014 - Data Security in a Technological World
June 3, 2014 - Enforcing Oral Contracts: The Presumption is Against You
BKK Business Law Newsletter, May 1, 2014 - Non-Competes in Virginia: The Trend Against Enforceability Continues
April 15, 2014 - The Hidden Power of Routine Contract Provisions
BKK Business Law Newsletter, March 4, 2014 - Minority Shareholder Rights in Virginia
December 2, 2013 - False Notes in the Music Industry: Fiduciary Duty of Business Partners
BKK Business Law Newsletter, November 1, 2013 - Business Audits Allow Business As Usual
October 22, 2013 - Sea Change in Virginia Non-Competition Law
September 24, 2013 - Regular contributor of articles and insights on the non-competition lawyers group on LinkedIn
September 2, 2013 - Proactive Steps to Protect Trade Secrets
BKK Business Law Newsletter, September 1, 2013 - A Tactical Approach to Defending Virginia Non-Competes
BKK Business Law Newsletter, September 1, 2013 - Pitfalls on Termination: Employer May be Liable for Employees’ Loose Talk
BKK Business Law Newsletter, July 1, 2013 - New I-9 Creates Risk for Employers
BKK Business Law Newsletter, May 1, 2013 - Virginia’s New Employment-Based Tort
The Corporate Counselor, April 1, 2013 - Business Torts in Virginia: Alliance Technology Group LLC v. Achieve 1, LLC
BKK Business Law Newsletter, March 1, 2013 - Virginia Non-Competition Law After Home Paramount
BKK Business Law Newsletter, March 1, 2013 - Written Contracts and the Statute of Limitations
BKK Business Law Newsletter, January 1, 2013 - Why the Law is Not a Vehicle for Vengeance
BKK Business Law Newsletter, January 1, 2013 - Distinguishing Between Non-Competition Agreements in Employment Agreements and Those in the Sale of a Business
BKK Business Law Newsletter, November 1, 2012 - Enforceability of Waivers of Prospective Liability
BKK Business Law Newsletter, September 1, 2012 - Old Law Wins a New Case
BKK Business Law Newsletter, May 1, 2012 - Fairfax Circuit Court Expands Jurisdiction in Conspiracy Cases
BKK Business Law Newsletter, January 1, 2012 - Finality of Orders in Reston Homeowners Association v. Ramirez
BKK Business Law Newsletter, January 1, 2012 - Virginia Supreme Court Limits Transfers of LLC Membership Interest
BKK Business Law Newsletter, January 1, 2012 - Virginia Narrows Employer Non-Competition Protections
BKK Construction & Land Use Newsletter, December 1, 2011 - Non-Competes in Virginia Civil Settlement Agreements
BKK Business Law Newsletter, November 1, 2011 - Non-Competition Agreements and Independent Contractors
BKK Business Law Newsletter, September 1, 2011 - Importance of Corporate Formalities
BKK Business Law Newsletter, July 1, 2011 - The Arrogant Car Salesman in a Non-Competition Agreement
BKK Business Law Newsletter, March 1, 2011 - The Substantially Prevailing Party
BKK Business Law Newsletter, January 1, 2011 - Employees and Independent Contractors
HR.com, November 1, 2010 - Restrictive Covenant as a Restraint of Trade
BKK Business Law Newsletter, September 1, 2010 - Consider Legal Ramifications of Personal Guarantees
Society for Human Resource Management Legal Report, September 1, 2010 - Sexual Discrimination in the Workplace – Hostile Environment
BKK Business Law Newsletter, July 1, 2010 - The Dead Man’s Statute in Virginia
BKK Business Law Newsletter, March 1, 2010 - Notice Pleading: Be Simple But Be Precise
BKK Business Law Newsletter, March 1, 2010 - Non-Competition in State Court
BKK Business Law Newsletter, November 1, 2009 - Remedies for Breach of Non-Competition Agreements
BKK Business Law Newsletter, November 1, 2009 - Protecting & Registering Your Intellectual Property
BKK Business Law Newsletter, September 1, 2009 - Business Torts: Business Conspiracy & Trade Secrets
BKK Business Law Newsletter, September 1, 2009 - Prudent Corporate Director Conduct
BKK Business Law Newsletter, July 1, 2009 - Piercing the Corporate Veil
BKK Business Law Newsletter, May 1, 2009 - Effectiveness of Arbitration Agreements
BKK Business Law Newsletter, May 1, 2009
Newsletters
- Business Law Newsletter – May 2016
- Business Law Newsletter – January 2016
- Business Law Newsletter – November 2015
- Business Law Newsletter – September 2015
- Business Law Newsletter – July 2015
- Business Law Newsletter – March 2015
- Business Law Newsletter – November 2014
- Business Law Newsletter – January 2014
- Business Law Newsletter – September 2013
- Business Law Newsletter – March 2013
- Business Law Newsletter – January 2013
- Business Law Newsletter – November 2012
- Business Law Newsletter – September 2012
- Business Law Newsletter – May 2012
- Business Law Newsletter – January 2012
- Construction & Land Use Newsletter – December 2011
- Business Law Newsletter – November 2011
- Business Law Newsletter – September 2011
- Business Law Newsletter – May 2011
- Business Law Newsletter – March 2011
- Business Law Newsletter – January 2011
- Business Law Newsletter – September 2010
- Business Law Newsletter – July 2010
- Business Law Newsletter – May 2010
- Business Law Newsletter – March 2010
- Business Law Newsletter – November 2009
- Business Law Newsletter – September 2009
- Business Law Newsletter – July 2009
- Business Law Newsletter – May 2009
- Business Law Newsletter – March 2009
- Business Law Newsletter – November 2008
- Business Law Newsletter – September 2008
- Business Law Newsletter – July 2008
- Business Law Newsletter – May 2008
- Business Law Newsletter – March 2008
- Business Law Newsletter – January 2008
- Business Law Newsletter – July 2007
- Business Law Newsletter – March 2007
- Business Law Newsletter – January 2007
- Business Law Newsletter – May 2006
- Business Law Newsletter – March 2006
- Business Law Newsletter – January 2006
- Business Law Newsletter – November 2005
- Business Law Newsletter – September 2005
- Business Law Newsletter – July 2005
- Business Law Newsletter – May 2005
- Business Law Newsletter – November 2004
- Business Law Newsletter – September 2004
- Business Law Newsletter – July 2004
- Business Law Newsletter – May 2004
- Business Law Newsletter – March 2004
- Business Law Newsletter – January 2004
- Business Law Newsletter – September 2003
- Business Law Newsletter – May 2003
- Business Law Newsletter – March 2003
- Business Law Newsletter – January 2003
- Business Law Newsletter – November 2002
- Business Law Newsletter – September 2002
- Business Law Newsletter – July 2002
- Business Law Newsletter – May 2002
- Business Law Newsletter – March 2002
- Business Law Newsletter – January 2002
- Business Law Newsletter – November 2001