Kaufman and Canoles



Title Insurance Client Alert - Recent Case: Lis Pendens Filed within 90 days is Avoidable under 11 U.S.C. § 547
In the case of Terry v. Fidelity Nat’l Title Ins. Co. (In re Ware), 2013 Bankr. LEXIS 1051 (Bankr. E.D. Va. Mar. 20, 2013), the Honorable Douglas O. Tice held that a Lis Pendens filed within 90 days of a bankruptcy petition is, in fact, avoidable as a preferential transfer of property under 11 U.S.C. § 547 along with the reformation action which is pegged to said Lis Pendens.
By Jeffrey L. Marks, James L. Windsor and Real Estate Claims & Title Insurance Solutions

Employment Law Update - Summer 2013
In This Issue:
- EEOC Files First GINA Lawsuits
- New Virginia Law Affirms Right Not to Disclose Employee Data
- Retaliation Claim Against Virginia Tech Goes Forward
- OBAMACARE Deadlines are Looming
- What Was He Thinking?
- Leading Health Care Reform Advisor Joins K&C Labor & Employment Team
- 29th Annual Employment Law Update - Your Prescription for Compliance
By Labor & Employment

Private Client Services Update - Dotting Your I's and Crossing Your T's in Charitable Giving
Although we are only halfway through this calendar year, it is not too early to start thinking about your charitable contributions and taking steps to make certain that you get the deductions you believe you are entitled to receive. Making certain all your documentation is in proper order is critical.
By Robert H. Powell III and Private Client Services

Government Contacts Update - Teaming Agreement Ruled an Unenforceable “Agreement to Agree” by Virginia Federal Court
On April 3, 2013, the U.S. District Court for the Eastern District of Virginia decided a case with significant implications for contractors considering a teaming agreement to pursue a government contract. In <EM>Cyberlock Consulting, Inc. v. Information Experts, Inc.</EM>,&nbsp;the Court refused to enforce a teaming agreement between a proposed prime contractor, Information Experts (“IE”) and IE’s proposed subcontractor, Cyberlock Consulting (“Cyberlock”). The Court concluded that the teaming agreement was merely an “agreement to agree” and not an enforceable contract.
By Terence Murphy and Government Contracts & Construction

Employee Benefits Alert - Retirement Plan Amendment Deadline Fast Approaching for Governmental Plan Sponsors
The deadline to file a determination letter application with the IRS with regard to all individually designed governmental retirement plans is quickly approaching.
By ESOPs & Employee Benefits

Private Client Services Update - Estate Planning Considerations for Non-Citizens
New immigration legislation is on the near horizon, or at least it is the subject of active debate in Congress. The result of new legislation may be a welcome clarification of status for families of non-citizens residing in the U.S., and an influx of new immigrants with special skills and ability to generate wealth.
By Alison V. Lennarz and Private Client Services

Third Party Vendor Issues and Checklist
For years, credit unions have been alerted by the NCUA to the need for vendor due diligence and other third-party vendor relationship requirements. Now, the Federal Reserve Board has alerted banks, and the Consumer Financial Protection Bureau has joined the bandwagon and is even issuing unfair and deceptive trade practice alerts against third-party vendors.
By E. Andrew Keeney