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Business Litigation

How Does a Construction Contractor Not Slip and Fall Over Its Own Contract?

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

Ensuring that a construction contract clearly defines who is responsible for work-related injuries and related workers compensation benefits is critical, otherwise unanticipated statutory liability could surface, like a roofing contractor learned in…

Depressed Employee Wants Irregular Work Hours

On Behalf of Berenzweig Leonard, LLP | October 2, 2014 | Business Litigation

A budget analyst for the Department of Agriculture with a long history of severe depression asked the agency for permission to work irregular hours each day depending on how she was feeling on a given day.  On some days,…

Court Weighs In On Validity of Liquidated Damages Clauses

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

It is not uncommon for business contracts to contain a liquidated damages clause that provides a set amount to be paid in the event a party breaches the contract. However, a recent decision from the Fairfax County Circuit Court…

New Executive Order Will Require Contractors to Report Labor Law Violations

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

On July 31, 2014, President Obama signed the “Fair Pay and Safe Workplaces Executive Order.” The primary purpose of this Executive Order ‒ which is expected to be implemented beginning in 2016 ‒ is to encourage federal contractors receiving taxpayer dollars to maintain…

Company Cannot Prohibit Employees From Disclosing The Personal Contact Information Of Other Employees

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

Tiffany & Company, the famed jewelry store, has a confidentiality policy that states, among other things, that its employees are prohibited from publicly disclosing other Tiffany employees’ contact information, including their names, addresses, telephone numbers, and e-mail addresses.  Though…

New Construction Arbitration Rules Promise Cheaper and Faster Construction Arbitrations

On Behalf of Berenzweig Leonard, LLP | August 4, 2014 | Business Litigation

Companies involved in construction arbitration can now benefit from new rules which allow them to better predict time frames and costs to resolve disputes. The American Arbitration Association® developed new Supplementary Rules for Fixed Time and…

Do Not Read All FAR Clauses Literally

On Behalf of Berenzweig Leonard, LLP | July 29, 2014 | Business Litigation

A literal reading of some FAR clauses can cost you money. One such clause is the Changes clause (FAR 52.243-4) requiring the contractor to give…

FBI’s More Rigorous Physical Testing For Male Applicants Deemed Unlawful Gender Discrimination

On Behalf of Berenzweig Leonard, LLP | July 25, 2014 | Business Litigation

  All new applicants for the FBI have to pass a physical fitness test in order to be hired as an agent.  Men have to do a minimum of 30 push-ups, while…

Supreme Court Allows Closely-Held Corporations to Opt Out of Obamacare Birth Control Mandate

On Behalf of Berenzweig Leonard, LLP | July 2, 2014 | Business Litigation

On June 30, 2014, the Supreme Court ruled in a 5-4 decision that closely-held for-profit corporations may opt out of regulations issued under the Patient Protection and Affordable Care Act (ACA) mandating insurance plan coverage for certain contraceptive drugs.

Courts Embrace the Use of GPS Evidence

On Behalf of Berenzweig Leonard, LLP | July 2, 2014 | Business Litigation

We’ve all used GPS technology to make life easier. Whether in our cars or on our phones, Global Positioning System technology allows us to pinpoint our location on a map and track where we’ve been. Now, in addition to…