18 October

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Is it illegal to resell your Washington Nationals World Series tickets for a profit?

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in Blog : Gross, Romanick, Dean & DeSimone, P.C.

The Washington Nationals on Thursday announced how the remaining tickets for D.C.’s first World Series games in 86 years will be distributed. The Nationals are the eighth major league franchise to be based in Washington, D.C., and the first since 1971. and Now Washington is guaranteed to host Games 3 and 4 of the Fall Classic on Oct. 25 and Oct. 26 against the winner of the American League Championship Series. to know more see the wikipidea page. We did it!!! After fourteen seasons of existence, and for the first time since 1933, Washington DC, by way of the Washington Nationals,...

15 July

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THE OBSCURE COMMERCIAL REAL ESTATE BROKER’S LIEN ACT

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in Blog : Gross, Romanick, Dean & DeSimone, P.C.

Many commercial real estate brokers and commercial property owners are unaware of a provision in the Virginia Code that allows a broker to record a lien for unpaid leasing commissions against the owner’s property. The Commercial Real Estate Broker’s Lien Act (the “Act”), which is codified as Virginia Code §55-526 and -527, can be a tremendous tool for brokers, and a tremendous headache for property owners. In order to record the lien, the broker must have a written agreement signed by the owner for the payment of a leasing commission. This requirement applies to both the landlord’s broker and to the...

12 December

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Trade Secrets Act Claim Against Competitor Can Proceed Even Though Claim Based On Violation Of Non-compete Agreement Is Dismissed

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in Blog : Gross, Romanick, Dean & DeSimone, P.C.

The most recent edition of this newsletter discussed the 2018 case of Darton Environmental, Inc. v. FJUVO Collections, LLC, et.al. (U.S. District Court, Western District) (the "Darton Case"). See our article on the enforceability of non-compete agreements with a competitor. This article is the second in a series of three articles analyzing the Darton Case as an example of common business litigation involving non-compete agreements, torts and statutory claims. Darton Environmental, Inc. ("Darton") wanted to do business with FJUVO Collections, LLC ("FJUVO"), and for that purpose only showed its facilities to FJUVO. To assure that FJUVO would not steal its technology...

16 November

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Gross & Romanick P.C. Changes Name Effective on January 1, 2019

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Dependable Lawyers. Effective Solutions. We are happy to announce that, effective on January 1, 2019, Gross, Romanick, Dean & DeSimone, P.C. will officially change its name to Gross, Romanick, Dean & DeSimone, P.C. We will continue to offer the same high quality legal services upon which Gross, Romanick, Dean & DeSimone, P.C. has built its stellar reputation, but will do so with the addition of two named partners, A. Charles Dean and Christopher J. DeSimone. This name change reflects the expanded roles that Messrs. Dean and DeSimone have undertaken since becoming partners of the law firm in 2014. Please note that,...

12 November

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Enforceability of Non-Compete/Confidentiality Agreements with Competitor

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in Blog : Gross, Romanick, Dean & DeSimone, P.C.

Obviously, it is not advisable to share proprietary and trade secret information with competitors or potential competitors, but business circumstances may dictate a need for such revelations, such as a possible merger, acquisition or future business arrangement. In these situations, the parties generally enter into a Non-disclosure Agreement ("NDA") and should also consider a Non-compete and Confidentiality Agreement ("Non-compete Agreement"). The 2018 case of Darton Environmental, Inc. v. FJUVO Collections, LLC, et.al. (U.S. District Court, Western District)(the "Darton Case") illustrates the risks of revealing your secrets to a competitor, even with a Non-compete Agreement in place. If the situation turns bad,...

12 November

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Purchasing a Virginia Residential Rental Property at Foreclosure? You Need to Understand the Tenant’s Rights.

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If you purchase a Virginia residential rental property at foreclosure, you need to understand the rights of the tenants occupying the property. In the wake of the 2009 foreclosure crisis, Congress enacted the Federal Protecting Tenants at Foreclosure Act ("PTFA"), which expired in 2014 but was permanently extended on May 24, 2018. The purpose of the PTFA is to protect tenants from immediate eviction after the homeowner defaults on the mortgage and the lender forecloses on the property. Virginia Code § 55-225.10, which went into effect on July 1, 2017 before the extension of the PTFA, also protects tenants from...

27 August

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Reservation of Rights Letters

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Have Your Cake and Eat It Too A reservation of rights letter (a “RORL”) is a notice that one party to a contract or dispute (the “sender”) provides to the other party (the “recipient”) in order to preserve certain contract rights or remedies that might otherwise be deemed waived as a result of the sender’s actions. A typical RORL will include language that the sender’s performance of a certain act "is not a waiver of any of the sender's rights under the contract and applicable law" and that the sender “reserves all of its rights and remedies under the contract and...

12 July

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Why Do We Care About the Common Law of Old England?

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When most people hear the term "common law" they think of "common law marriage" in which two individuals can be considered legally married even though they never formally wed. Virginia is one of a majority of states in which you cannot create a common law marriage. Although common law marriage is a very interesting topic, this article will not discuss common law marriage. Instead, it will provide a basic understanding of the common law and how it is relevant to our modern legal system. A brief history of the common law: The foundations of the common law dates to the Battle...

20 June

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Assignment of Commercial Leases | Gross, Romanick, Dean & DeSimone, P.C.

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In most business sale transactions, the buyer will want to operate the business at the current location(s) after the sale. As a result, the seller’s real property leases must be “assigned” to the buyer as of the closing date of the sale. A commercial lease is “assigned” when the buyer steps into the shoes of the seller and becomes the “tenant” under the lease. In the vast majority of cases, the written consent of the landlord must be obtained before the lease can be assigned to the buyer. One of the first things the buyer should do as part of...

20 June

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Asset Sale or Equity Sale? | Gross, Romanick, Dean & DeSimone, P.C.

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There are two primary methods for buying or selling an existing business: (1) The asset purchase and, (2) The equity purchase. The advantages and disadvantages of each method should be assessed in every business sale. The purpose of this article is to explain in very general terms how these two transactions differ. In the equity purchase, the buyer acquires an ownership interest in the business that is sufficient to control the company. If the business is a corporation, the buyer purchases stock in the corporation from the existing shareholders. If the business is a limited liability company (LLC), the buyer purchases a...

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