Resources

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.

In today’s dynamic digital environment, artificial intelligence (AI) is transforming industries at an unprecedented pace. For businesses and law firms, harnessing the power of AI can offer significant benefits but also creates risk. Implementing a generative AI policy can help mitigate that risk. Here are the top 5 reasons why implementing a comprehensive AI policy is crucial for your business now.

Receiving notice that you or your business have been sued can be a daunting experience. It’s natural to feel overwhelmed, angry, or scared, but it’s crucial to approach the situation methodically and with a clear mind. This blog will guide you through the essential steps to take when after being served with a lawsuit, helping you to navigate the legal process effectively.

We have recently discussed the 2024 construction market and economic conditions, the impact of the same locally and resulting risk issues, and examined the second order impacts from the state of the economy. We now will focus on specific critical contract terms and suggestions that developers and contractors should focus on in the current environment.

The Corporate Transparency Act (CTA) was adopted to bring more openness into the business world by making companies disclose their true owners. This initiative aimed to thwart crimes like money laundering by removing the veil of anonymity that some business owners exploit. The law’s relatively straightforward path hit a major snag after a trial court ruling in Alabama found the CTA unconstitutional. Despite this, for anyone not directly involved in that lawsuit, the rules still apply as per the Financial Crimes Enforcement Network (FinCEN)’s directive.

As Virginia continues to establish itself as a central hub in the digital economy, data centers have become critical to supporting our extensive digital needs. These facilities are essential for cloud computing, internet services, and managing the vast amounts of data generated by businesses and consumers. The advent of artificial intelligence (AI) further highlights the strategic importance of these data centers. Companies like NVIDIA are at the forefront of the AI revolution, developing chips that power AI applications.

We recently discussed the general construction market in 2024 by sector and the specific economic impacts at play in the construction market. We now turn to discussing some of the second order effects that these economic factors are having in the Washington, DC construction market here in April 2024. We will then raise some specific areas of legal concern implicated by current conditions.

Arlington County is pursuing measures to address the challenges of increasing office vacancy rates, influenced by changing work patterns and economic conditions. The county has implemented several strategic initiatives aimed at revitalizing its commercial real estate sector. These measures include adaptive reuse of obsolete buildings, enhancements to density allowances in Rosslyn, and updates to parking standards for compact cars. These initiatives were affirmed during the April 20, 2024, Board Meeting.

In our last article, we discussed the general state of the regional construction economy and how that applies to specific industry vertical markets. We now turn to specific national macro-economic trends and discuss how these trends in turn impact the current regional construction economy. As part of this dialogue, we also discuss how these specific trends point towards specific contract and risk management issues that need to be front and center right now.

At Bean, Kinney & Korman, my experience as a litigator has provided me with countless opportunities to observe the transformative power of arbitration in resolving disputes outside the traditional court system. Arbitration is a strategic choice for businesses. Arbitration comes in a variety of forms, each designed to cater to the specific needs and circumstances of the disputing parties. Let’s take a closer look at the diverse types of arbitration that businesses can leverage:

This year has brought about distinct challenges and opportunities in the Washington, DC construction market. These changes reflect the broader economy and specific local dynamics. We will explore the current environment across various construction sectors and identify trends that are shaping the industry.

In a decision of significance for private schools and other tax-exempt organizations, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided recently that merely having 501(c)(3) tax status is not a form of “federal financial assistance” sufficient to subject a tax-exempt school or organization to compliance obligations under Title IX of the Education Amendments of 1972 (Title IX).