Christopher T. Craig

Proposed Non-Compete Regulation Change

January 20, 2023

Are you or your employees subject to a “non-compete” agreement? Are you aware of recent changes in Virginia law limiting the use of non-compete agreements? If not, be sure to review our blog posts from 2020 covering those changes: An Overview on New Virginia Laws that Impact Employers Important New Employment Laws in Virginia START NOW This blog post focuses on further proposed restrictions by the US Federal Trade Commission (FTC) that would ban most non-compete agreements and require the parties to a non-compete agreement to revoke and rescind the agreement, as employers would be required to inform current and former employees (and other parties to any such agreement) that the agreement is null and void. The Draft Rule The draft rule simply bans non-compete agreements outright (as well as any agreement that would have the same effect of a non-compete), for most employer/employee relationships – including some non-compete agreements embedded in business purchase and sales agreements. The only limited exceptions would be if a selling shareholder owns at least 25% of the entity being sold. Others not covered by the rule include franchisees and businesses that are not subject to the Federal Trade Commission Act (e.g., federal banks, savings

Outside General Counsel – Legal Counsel for Your Business

October 17, 2022

Good legal advice and counsel are “value added” to any small, medium, and large business. Counsel can manage risk and spot and eliminate problems BEFORE they occur, conserving corporate resources for more productive use. For example, your Counsel can help: Avoid and manage employee disputes Craft compensation plans Draft employee handbooks and company policies Handle corporate governance problems concerning shareholders, Directors and officers Prepare contracts Protect intellectual property Advise on corporate structure, and Eenhance profits by avoiding costs incurred by errantly “going it alone.” But, not every business can afford a full time General Counsel. That dilemma can be solved by recruiting Outside General Counsel – a private attorney or Firm with skill and experience in a variety of corporate legal matters. Outside General Counsel is just that – general – similar to a general practitioner physician. Outside Counsel can represent the business in ways such as: Corporate legal matters and disputes Handle day-to-day legal matters related to contracts and non-disclosure agreements HR issues Leasing and the like. Outside Counsel can also help solve more complex legal matters personally, through his or her law firm, or outsourcing and managing the problem through an attorney that focuses on the issue. In

What is an Estate Attorney in Fairfax VA

September 20, 2022

Having your estate organized ensures that your last wishes are fulfilled. While it can be uncomfortable to think of death, it is important to plan. An estate attorney can help you create a solid plan. Here’s what you need to know. What is an Estate Attorney? The word “estate” may suggest immense grounds and sprawling mansions, but its not quite the same. A person’s estate is everything belonging to that person, including real estate, bank and brokerage accounts, personal property, cars, pets, retirement accounts, and the like. An estate attorney can help organize these assets to help ensure that they go to the proper people and places on the client’s death. Estate attorneys work in estate law, which consists of many areas in which the attorney may practice. Last Will and Testament What happens to your assets when you die? Do you want everything left to your spouse and children? Maybe you want to leave a donation to a charity organization. Whatever you wish to do with your belongings after your death, you need a plan that includes proper beneficiary designations and a last will and testament to ensure those wishes are carried out. Smart Tax Strategies There are many

Tortious Interference with Business Expectancy

June 13, 2022

There are 5 required elements to a tortious interference with contract claim: (1) the existence of a valid and enforceable contract between two parties; (2) a third party’s awareness of that contractual relationship; (3) that third party’s intentional and unjustified inducement of one party to breach the contract; (4) a resulting breach caused by that third party’s conduct; and (5) damages. Wrongful Conduct Wrongful or illegal conduct must be proven to prevail in tortious interference claim. For example, defaming a product or a seller’s services with false negative characteristics, or a breach of contract resulting from a third party’s bribery, fraud, use of criminal extortion or violence, unfounded litigation, deceit or conduct that violates antitrust laws may give rise to a tortious interference claim as well. However, conduct consistent with aggressive competition, such as ending a contractual relationship or discontinuing a product where the discontinuance or termination is not accompanied by wrongful or illegal conduct designed to cause the plaintiff financial harm, is not an act of tortious interference. Privileged Interference There are several privilege-based defenses to tortious interference claims. For example, when the third party is motivated to protect his or her substantial interest based on an objectively reasonable

Easy Steps to Estate Planning Fairfax VA

June 7, 2022

Estate planning is important for everyone. Despite what you may think, nearly everyone has an estate, including, for example: a car, home, investments, checking and savings accounts, life insurance, personal possessions, and the like. Large or small, everyone has an estate. And, as we all know, you can’t take your estate with you when you die. Estate planning is the process of preparing detailed instructions for how you want your estate to be handled after you die. Making the plan now will ensure that your wishes are carried out efficiently and in the manner that you desire. Estate planning can involve a variety of actions. For example, your estate planning may include: Adopting living trusts or wills to help manage and dispose of your estate, and naming agents and instructions under advanced medical directives and powers of attorney to assist you with your health care and financial affairs while you are alive. Completing or updating beneficiary designations and otherwise aligning them with your plan. Securing insurance, such as disability income insurance, to replace your income if you can not work due to injury or illness, long term care insurance to help pay for your care during extended