Wendy Alexander provides a legal update on Ryan, LLC v. FTC in relation to her coverage of past rulings.

U.S. District Court for the Northern District of Texas, in Ryan, LLC v. FTC, holds that the U.S. Federal Trade Commission’s rule banning most non-competes is unlawful and orders that the FTC’s non-compete rule will not take effect on September 4, 2024.  As the validity of the FTC’s rule is also playing out in cases in other jurisdictions, split circuit decisions are a likely scenario.  Virginia employers should stay apprised of upcoming developments in the case law, and keep Virginia’s non-compete rule in Va. Code §40.1-28.7:8 regarding “lower wage” workers in mind (which as of January 2024 was defined per the applicable legislation as those making $73,320 or less per year).

 

Michael Coughlin, with the firm’s Eminent Domain Practice Group, and Will Gibson with the firm’s Trust, Estates and Tax practices, presented Adding Value: Tax Treatment of Condemnation Proceeds at the 17^th annual Virginia Eminent Domain Conference presented by CLE International. In this presentation, Michael and Will discussed the nuances and options for clients with respect to deferral of capital gains tax resulting from receipt of condemnation proceeds. Internal Revenue Code Section 1033 is a unique and often underutilized section that allows recipients of condemnation proceeds to reinvest the money received and defer capital gains tax—it is similar in nature to the often used section 1031 exchange, but its guidelines are more favorable to the taxpayer. Will walked attendees through the process of electing a deferral, what qualifies for deferral and the basics of what eminent domain attorneys should know so they can offer informed advice to their clients. Michael presented multiple examples of how knowledge of the exchange process can be a great addition to the service provided to a landowner facing condemnation. He further provided examples of situations a real estate investors, owner/operators and homeowners may face, and what tax treatment different elements of just compensation receive.

To round out the presentation, Walsh Colucci Lubeley & Walsh partnered with Alan Lichtenstein with Fortitude Investment Group who provided great insight regarding the use of Delaware Statutory Trusts (DST) for deferral of gain and shared examples of how clients could benefit from the use of a DST for reinvestment. If you are facing a condemnation proceeding and have questions regarding the tax treatment of money received, please contact Michael Coughlin or Will Gibson.

Arlington County’s Green Building Density Incentive Policy for Site Plans permits additional density for Administrative Regulation 4.1 site plans through commitments to pursue LEED Gold certification or higher. The existing policy was most recently updated by the Arlington County Board on December 12, 2020.

While it was intended that the policy be updated every three-to-five years, the current policy includes an “Automatic Update,” contained in Appendix 3 to the policy, to increase the minimum requirements for energy optimization specified for each level of participation. This update applies to all 4.1 site plans accepted by the County after June 30, 2023.

Projects seeking density under the 0.25 and 0.35 FAR bonus levels must achieve one of the following:

• At least 14 percent performance improvement for LEED version 4.1 EA credit Optimize Energy Performance; OR
• At least 24 percent performance improvement for LEED version 4 EA credit Optimize Energy Performance/Annual Energy Use; OR
• A HERS index of 60 or lower if pursuing LEED version 4.1 Multifamily EA credit Optimize Energy Performance Option 3 HERS index rating; OR
• A HERS index of 60 or lower if pursuing Earthcraft Multifamily certification.

Projects seeking density under the 0.45 FAR and higher FAR bonus levels must achieve one of the following:

• At least 18 percent performance improvement for LEED version 4.1 EA credit Optimize Energy Performance; OR
• At least 28 percent performance improvement for LEED version 4 EA credit Optimize Energy Performance/Annual Energy Use; OR
• A HERS index of 55 or lower if pursuing LEED version 4.1 Multifamily EA credit Optimize Energy Performance Option 3 HERS index rating; OR
• A HERS index of 55 or lower if pursuing Earthcraft Multifamily certification.

For reference, the full policy may be accessed here.

 

 

 

 

 

 

 

 

 

What You’ll Learn at the Future of Arlington County 

• Missing Middle Housing Bill: What does the single-family-only zoning ban, which goes into effect July 1, mean for the county in terms of the housing crisis as well as the expansion of neighborhoods?
• Why are new residents, tenants and businesses being drawn to neighborhoods like Ballston, Clarendon, Rosslyn, National Landing and others? How are developers and investors selecting neighborhoods for their projects? What factors are being considered?
• What is in store for Arlington’s mixed-use development pipeline in terms of bringing in multifamily, retail and other projects? What are current resident and tenant demands and how are developers meeting them while staying within budget?
• How are the challenges of the economic downturn impacting construction and development within NoVa? What solutions have developers and investors come up with to overcome these obstacles?
• How does the county compare to other areas within D.C. and Virginia? What is the area doing differently to stand out from other counties and cities?

How You’ll Do More Commercial Real Estate Business in the Virginia Region: 

As of 2023, Arlington County has a population of 234,000 and continues to grow. As residential developments increase, Virginia has 70% of Committed Affordable Units that are in the planning stages, including Rosslyn-Ballston, Richmond Highway and Columbia Pike. How will the area’s new initiatives and bills benefit Arlington County in terms of affordability, the housing crisis, development and more? How does the region plan to keep up with demand and supply? Join Arlington executives as they discuss their latest project pipeline, economic growth, top neighborhoods, overcoming challenges and more!

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Walsh, Colucci, Lubeley & Walsh, P.C., a leading multi-practice law firm focusing on commercial real estate services and business transactions, proudly announces its 40^th anniversary.

Founded in 1983 by Martin “Art” Walsh, Thomas Colucci, Nicholas Malinchak, and Jerry Emrich, the firm has been committed to providing exceptional legal guidance and fostering long-term relationships with clients across Northern Virginia.

Over the past four decades, Walsh Colucci has been a part of numerous significant projects and played a pivotal role in shaping Northern Virginia’s growth and development. The firm has built a solid reputation for its expertise in land development, urban planning, and zoning. The firm and its members have been consistently ranked in law firm publications including US News & World Report, Chambers USA, Virginia Business, Super Lawyers, Virginia Lawyers Weekly, and more.

Walsh Colucci has steadily evolved to meet the ever-changing needs of its clients and has expanded to four offices located throughout the region, and its practice areas now include Land Use & Zoning, Real Estate Transactions, Litigation, Business Transactions, Eminent Domain, and Estate Planning & Administration.

“We are proud of our 40-year journey rooted in service to our clients and the broader region,” said Tom Colucci, a founding partner of the firm. “Since the beginning, our success has been built upon the principles of trust, responsiveness, and a deep commitment to our clients’ best interests. And we are well-positioned to carry that tradition forward for another four decades.”

“The firm’s accomplishments are a testament to the dedication and expertise of our remarkable attorneys and staff,” said Mike Lubeley, another firm founder. “The key has been to foster a cohesive and congenial atmosphere in which collaboration thrives. This has enabled us to retain talent, deliver high-quality services, and consistently exceed our client’s expectations. And, it goes without saying that our emphasis on building long-term client relationships and thoughtful community engagement has been a driving force behind our success.”

A major component of its firm-wide mission has been the active support of numerous charitable causes related to the fine arts, healthcare, education, youth activities, and more. A major philanthropic effort has included hosting an annual golf tournament fundraiser for the Juvenile Diabetes Research Foundation, which has raised nearly $2 million to support Type 1 Diabetes research over the past 25 years. Members of the firm also routinely serve on the boards of local organizations, public agencies, building industry advocacy groups, and chambers of commerce.

As Walsh Colucci enters its fifth decade of service, the firm remains dedicated to its clients and committed to their evolving needs. With offices in Arlington, Prince William, Loudoun, and Winchester, the firm is well-positioned as a distinguished and trusted partner for individuals and organizations navigating the complexities of the legal landscape.

Save the date for Bisnow’s Future of Loudoun County event! Learn about the Silver Line expansion, residential projects, industrial activities, new developments, and much more. https://bit.ly/bisnow-loudoun23

What You’ll Learn about the Loudoun County Economic Development & Real Estate Market

• Silver Line Extension: How is the $3B project bringing tourists, residents and other economic development projects to the region?
• What is in store for Loudoun County’s development pipeline? Is there still a strong demand for residential and retail projects or will asset classes like industrial begin to see more traction?
• How are new residents, tenants, businesses, etc. being lured into neighborhoods like Ashburn, Leesburg, Dulles, etc.? How are developers and investors selecting neighborhoods for their projects?
• How are the challenges of the economic downturn impacting construction and development within the area? What solutions have developers and investors found to overcome these obstacles?
• Envisioning Loudoun / Loudoun 2040: How are the latest economic projects bringing in more opportunities and growth into the county?

How You’ll Do More Commercial Real Estate Business: 

The latest economic investments and opportunities happening throughout the county, including the new WMATA Loudoun Gateway and Ashburn Station Metrorail and USTA’s new campus, are drawing new residents and businesses to the area. What are the county’s plans to capitalize on this growth and spur more opportunities? What is in store for the region’s development pipeline? Join Loudoun County’s executives as they discuss the latest projects, investments, challenges, deals and more!

Maggie K. Paterson joins the firm as a summer intern. She is currently a college student at the University of Vermont (UVM), College of Agriculture and Life Sciences, where she is majoring in Public Communications and minoring in Art and Statistics. She volunteers at UVM FeelGood, a student-run non-profit deli, where donations/proceeds go towards the goal of ending world hunger. She graduated from Bethesda-Chevy Chase High School in 2021 where she played varsity lacrosse for four years. Welcome, Maggie!

We are thrilled to announce the Virginia Super Lawyers and Rising Stars for 2023! These outstanding attorneys have been recognized for their exceptional skills, experience, and achievements in their respective practice areas. Their dedication and excellence sets the bar high for the legal profession. We applaud their hard work and congratulate them on this well-deserved honor.

Arlington County’s Department of Community Planning, Housing and Development (CPHD) is undertaking a major effort to modernize the County’s Administrative Regulation 4.1 Site Plan document—the first such revision in four years.

The initiative is intended to reformat the document for usability and readability, and reflect recent changes in County policy (e.g., the 2020 Green Building Incentive Policy) and new submission and review procedures (e.g., Permit Arlington, E-Plan Review, and the new Site Plan Review Committee process).

Graphics will be incorporated to better explain the review process, and many of the standalone submission documents, forms, and letters will be consolidated.

An emphasis will also be placed upon providing clearer lists of minimum submission requirements, including revisions to the TIA/MMTA scoping matrix. For those site plan projects seeking to utilize the Green Building Incentive Policy, new requirements for preliminary sustainability information will be inserted.

Given the growing emphasis on biophilic design, the revised document will require applications to prepare a narrative describing each project’s biophilic, open space, and landscape design elements. The narrative, while deemed preliminary, is intended to provide a baseline for SPRC and discussion and staff review.

Staff is currently working on the first draft and, following review by the County Attorney’s Office, it will be forwarded to the County Manager for review and approval (anticipated this summer).  Walsh Colucci will closely monitor this revision effort and will provide updates and draft documents as they become available.