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Business Litigation

Yelp Gets a Pass On Negative Social Media Post

On Behalf of Berenzweig Leonard, LLP | March 19, 2015 | Business Litigation

The Fourth Circuit Court of Appeals recently issued a decision having a big impact on how businesses must deal with disparaging commentary on social media.  In Westlake Legal Group v. Yelp, Inc., the court rejected a Virginia law firm’s…

Cantankerous Employee With ADHD Not Considered Disabled

On Behalf of Berenzweig Leonard, LLP | March 2, 2015 | Business Litigation

A police officer in Oregon who had trouble getting along with his fellow officers was described in his performance reviews as “abrasive,” “intimidating,” and “overly aggressive.”  After a subordinate officer filed a grievance against him for poor treatment, the police officer was suspended.  During the ensuing…

Pick your Litigants Wisely When Filing Mechanic’s Lien Lawsuits

On Behalf of Berenzweig Leonard, LLP | February 26, 2015 | Business Litigation

The Supreme Court of Virginia recently held that a subcontractor, Synchronized Construction Services, Inc. (“Synchronized”), could proceed with its mechanic’s lien lawsuit against the project owner and bank, despite the absence of the general contractor…

A Cautionary Tale For Employers to Make Sure Your FMLA Policy Is Up-To-Date

On Behalf of Berenzweig Leonard, LLP | February 5, 2015 | Business Litigation

A recent case from the 6th Circuit shows just how important it is to make sure your Family and Medical Leave Act (“FMLA”) policy is up to snuff. In the case of…

Major Supreme Court Decision Clarifies Compensation for Security Screening

On Behalf of Berenzweig Leonard, LLP | December 18, 2014 | Business Litigation

A recent decision from the U.S. Supreme Court could dramatically change the employment landscape on employee compensation for time spent going through security screening and could likely extend to other pre- and…

Have Contingency Plans in Place for Your Proposal Submissions

On Behalf of Berenzweig Leonard, LLP | December 1, 2014 | Business Litigation

Although a contractor in one recent case had a contingency plan that covered a variety of unforeseen events that would delay the delivery of its proposal to the Government, its plan did not account for the possibility that local…

Will Jonathan Gruber’s Comments Impact the Supreme Court?

On Behalf of Berenzweig Leonard, LLP | November 17, 2014 | Business Litigation

Jonathan Gruber, the MIT professor who was paid by the government to consult on the creation of the Affordable Care Act, recently made headlines with his controversial ObamaCare comments about the “stupidity…

Sandwich Secrets “They” Don’t Want You to Know About: Have Non-Competes Gone Too Far?

On Behalf of Berenzweig Leonard, LLP | October 22, 2014 | Business Litigation

Litigation over non-compete provisions continues to make up a large segment of the lawsuits arising out of the employer-employee relationship, and that trend does not appear to be reversing itself any time soon. Some companies are relentless…

Handling Workplace Concerns Over the Ebola Crisis

On Behalf of Berenzweig Leonard, LLP | October 16, 2014 | Business Litigation

Concerns associated with the spread of Ebola are growing. The World Health Organization has declared the virus an “international health emergency” and the Centers for Disease Control confirmed that the U.S. has now experienced several cases of the virus.

Can You Fire An Employee for A Facebook “Like”?

On Behalf of Berenzweig Leonard, LLP | October 16, 2014 | Business Litigation , Employment & Labor Law

Since the arrival of social media sites such as Facebook and Twitter, employers have worried about protecting themselves from disparaging comments by their employees. Meanwhile, the National Labor Relations Board (NLRB) has intensified its scrutiny of employers’…