Skip to content

Business Litigation

Employee’s Facebook Posting Not Enough To Put Her Employer On Notice Of Sexual Harassment

On Behalf of Berenzweig Leonard, LLP | June 11, 2014 | Business Litigation

A restaurant employee, who claimed she was groped and fondled by a fellow employee, posted her complaints about the poor working conditions at the restaurant on Facebook.  The Facebook page was one that had been set up by employees…

Virginia Orders Uber and Lyft to Pull Over

On Behalf of Berenzweig Leonard, LLP | June 6, 2014 | Business Litigation

In the latest conflict between technology and government regulation, Virginia’s DMV has issued a cease and desist order to Uber and Lyft, claiming that their businesses are illegal and cannot pick up passengers in Virginia.  Undeterred, Lyft has responded that it intends to continue operating there, stating in a…

Virginia Courts Reject Fraud Claims Disguised as Breach of Contract Claims

On Behalf of Berenzweig Leonard, LLP | June 6, 2014 | Business Litigation

A Virginia federal court recently confirmed that fraud claims seeking breach of contract damages are not allowable under Virginia law. This principle is referred to as the economic loss rule, and mandates that parties cannot “double-dip” and allege tort damages for contractual breaches in the form of…

5 Ways Construction Companies Can Avoid Copyright Risks

On Behalf of Berenzweig Leonard, LLP | June 6, 2014 | Business Litigation

Architectural copyright law gives judges the power to impose hefty damages for infringement. This area of copyright law covers architectural works, which broadly encompasses not only plans, but also buildings themselves. As a result, companies should take protective measures to avoid copyright risks. Below is a short checklist of actions…

DOL Debars Contractor for Wage and Hour Violations

On Behalf of Berenzweig Leonard, LLP | May 20, 2014 | Business Litigation

  The Department of Labor (“DOL”) recently debarred Garcia Forest Service LLC (“Garcia”) and its president for three years for violating the McNamara-O’Hara Service Contract Act (“SCA”) and the Contract Work Hours and Safety Standards Act (“CWHSSA”). The SCA requires that contractors performing services on covered…

Company Facing Age Discrimination Claim after Offering Conflicting Reasons for Terminating Employee

On Behalf of Berenzweig Leonard, LLP | May 19, 2014 | Business Litigation

James Pierson worked at the Tennessee plant of a large national printing company for nearly forty years, when he was suddenly laid off at the age of 62. The company initially told Pierson that his layoff was due to a company-wide cost-cutting move, and that others were also being…

Holy Dollar Signs! Legal Considerations for Comics Creators

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

Comics are big business.  AMC’s hit reality show Comic Book Men was recently renewed for a fourth season, and comics-related content continues to dominate both in theaters and on television.  Amazon just announcedthat it would be acquiring comiXology, the leading platform for digital comics, and both businesses and individuals…

Major Court Ruling Protects Subcontractors’ Right to Get Paid

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

The right of subcontractors to get paid on federal projects is more iron-clad thanks to a recent decision out of the Ninth Circuit Court of Appeals, handed down on April 29, 2014. The decision explains that state law cannot frustrate the federal statute providing subcontractors and…

Cautionary Tale: When Contemplating Live Music at Your Venue, Get a License

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

Last summer, a small band performed at a bar called 69 Taps in Medina, Ohio, near Cleveland. That evening, the band covered a number of popular songs that the mostly middle-aged audience had grown up listening to. The bar had not asked for a set list, nor had the band…

EEOC Takes Aggressive Position On Severance Agreements

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

The Equal Employment Opportunity Commission (“EEOC”) recently filed a lawsuit against one of the nation’s largest pharmacy chains, CVS, claiming its separation agreements violate Title VII of the Civil Rights Act. This action by the EEOC is surprising and significant, since the targeted provisions…