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Business Litigation

NLRB Continues the March Madness by Recognizing College-Athletes as Employees

On Behalf of Berenzweig Leonard, LLP | March 28, 2014 | Business Litigation

Yesterday, the Chicago regional office of the National Labor Relations Board (“NLRB”) issued a decision that could dramatically change the landscape of college athletics as we know it today. The Regional Director for the NLRB found that scholarship football players at Northwestern University are considered employees within the…

Selling Your Company? Make Sure Your Deal Protects Privileged Communications.

On Behalf of Berenzweig Leonard, LLP | March 28, 2014 | Business Litigation , M&A and Corporate

The Delaware Court of Chancery, one of the most sophisticated and influential venues for the resolution of corporate disputes, has held that when one company acquires another, privileged communications between the acquired company and its attorneys are not protected during subsequent litigation between the companies unless the…

SCA Contract Bids Must Account for Applicable CBA Wages and Benefits

by Stephanie Wilson | March 6, 2014 | Business Litigation

Service employees working on a federal contract subject the Service Contract Act must be paid wages and fringe benefits not less than the prevailing wage determination or the wage rates and fringe benefits contained in a predecessor contractor’s Collective Bargaining Agreement (“CBA”). Because…

Did Boss’s Shoulder Touching and Suggestive Comment Constitute Sexual Harassment?

On Behalf of Berenzweig Leonard, LLP | February 26, 2014 | Business Litigation

  A female sales manager for an office furniture company alleged that on two separate occasions, her male supervisor acted inappropriately while driving her back to her hotel after company-sponsored training sessions. In the first instance, the pair had been at dinner with a group of co-workers when…

It’s Your Birthday and You Can Sue If You Want To

On Behalf of Berenzweig Leonard, LLP | February 24, 2014 | Business Litigation

  If you are one of the handful of people who loved the short-lived Aaron Sorkin show Sports Night, you might remember the scene where Dan (played by Josh Charles) gets called to the network lawyer’s office because the network has been billed $2,500 by the representatives of Mildred…

What’s the Real Impact of the New Federal Contractor Minimum Wage Increase?

by Stephanie Wilson | February 17, 2014 | Business Litigation

On February 12, 2014, President Obama signed an Executive Order raising the minimum wage to $10.10 per hour for federal contractors, starting January 1, 2015. Although the Administration has stated that the increase will apply only to new federal contracts, in reality it may end up applying to some existing federal contracts…

A New Reason to Think Twice Before Representing Yourself in Litigation

On Behalf of Berenzweig Leonard, LLP | February 10, 2014 | Business Litigation

If you have ever considered representing yourself in litigation (proceeding “pro se,” in legal parlance) as a cost-saving measure, a recent decision by the U.S. Court of Appeals for the Third Circuit might give you a reason to hesitate. Although pro se litigants typically enjoy leniency from the courts,…

The President’s Minimum Wage Announcement Ignores Current Rates

On Behalf of Berenzweig Leonard, LLP | January 28, 2014 | Business Litigation

President Obama recently announced his intent to sign an Executive Order which would unilaterally increase the minimum wage for certain workers on federal projects. The current federal minimum wage rate is $7.25 an hour, and President Obama is looking to raise it to $10.10 per hour. At first glance,…

A Contractor Makes a Dangerous Gamble When Its Bid Price Assumes the Approval of Local Permitting Authorities

On Behalf of Berenzweig Leonard, LLP | January 27, 2014 | Business Litigation

Should a federal government construction contractor assume that its permit request for a construction project will be approved by local state authorities? Absolutely not, according to the United States Court of Appeals for the Federal Circuit. The Federal Circuit found that the plain language of FAR’s Permits and Responsibilities Clause, which…

Companies Can Now Fight Back Against Anonymous Online Criticism

On Behalf of Berenzweig Leonard, LLP | January 27, 2014 | Business Litigation

It is every company’s worst nightmare: An anonymous poster goes online and makes negative and disparaging statements about the company.  In the social media age we are in, this unfortunate scenario has played out countless times on such sites as Yelp, Rip-Off Report, and other online review sites.  Companies…