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Business Litigation

EEOC’s Policy On Employee Criminal Records Scrutinized

On Behalf of Berenzweig Leonard, LLP | January 8, 2014 | Business Litigation

The Equal Employment Opportunity Commission (EEOC) announced last year a new enforcement guidance under Title VII of the Civil Rights Act of 1964 to employers regarding the use of arrest and convictionrecords in employment decisions. Though there is no federal law prohibiting an employer from asking about arrest and/or conviction…

Is Your Business’s E-mail Marketing Compliant?

On Behalf of Berenzweig Leonard, LLP | January 8, 2014 | Business Litigation

In today’s economy, most businesses do a substantial part of their marketing on the Internet, and use e-mail marketing to advertise their products and services. In an attempt to stem the flow of unwanted, unsolicited junk e-mail (“spam”), Congress enacted the Controlling the Assault of Non-Solicited Pornography…

Contractors Should Beware of Broad Assignments

On Behalf of Berenzweig Leonard, LLP | December 3, 2013 | Business Litigation

  Government contractors often assign government contract payments to banks in exchange for loans to finance the contract. This is sometimes also known as “factoring.” Recently, a broadly worded assignment was interpreted to include not only payments under the original contract, but also payments under a sole-source…

Do You Have an Enforceable Forum Selection Clause?

On Behalf of Berenzweig Leonard, LLP | November 26, 2013 | Business Litigation

  For companies that do business in multiple states, a forum selection clause can minimize the risks and expenses associated with being hailed into a distant and unfamiliar court. A forum selection clause in a contract allows the parties to agree that any litigation resulting from that contract…

Is It Negligent for a Company to Hire Someone Who Turns Out to be a Thief?

On Behalf of Berenzweig Leonard, LLP | October 17, 2013 | Business Litigation

An administrator for a Vienna law firm was accused of stealing over half a million dollars from a client.  The client had hired the law firm to pursue a specific type of immigration visa that entailed making a commercial investment of $500,000.  The employee directed the client to deposit this…

Which Contracting Officer Resolves Disputes Involving Agency Purchases from the GSA Federal Supply Schedule?

by Stephanie Wilson | October 17, 2013 | Business Litigation

A recurring issue faced by vendors on the Federal Supply Schedule (FSS) is which the vendor must deal with when it gets into a disagreement with an ordering agency during the performance of a delivery order – the ordering contracting officer or the GSA contracting officer. The Federal Circuit…

The Government Shutdown’s Impact on Payment to Contractors

On Behalf of Berenzweig Leonard, LLP | October 15, 2013 | Business Litigation

All companies contracting with the Federal Government should ensure that they are doing everything they can to protect themselves and maximize their chances of payment once the government shutdown ends. Congress has approved back pay for federal workers once the shutdown is over, and President Obama recently signed…

Government Contractor Can Be Penalized for Kickbacks Employees Receive Even If the Company Has No Knowledge of the Kickbacks

On Behalf of Berenzweig Leonard, LLP | October 15, 2013 | Business Litigation

Mandatory Anti-Kickback Act procedures will not protect a government contractor from paying civil penalties for kickbacks given by subcontractors to company employees, under the Anti-Kickback Act (AKA), 41 U.S.C. 8701-07. A company is liable for kickbacks its employees receive regardless of whether the company was aware of or…

Using Phantom Stock Plans to Retain Top Talent

On Behalf of Berenzweig Leonard, LLP | October 15, 2013 | Business Litigation , Employment & Labor Law , M&A and Corporate

Every successful business prioritizes the retention of its most valuable employees.  Many such businesses show their willingness to retain top talent through the use of one or another of a variety of employee incentive plans.  Whether it’s the stock option plan typically offered to…

How do Courts Determine Enforcement of a Non-Compete?

On Behalf of Berenzweig Leonard, LLP | September 26, 2013 | Business Litigation

The Virginia Supreme Court recently addressed this issue in an interesting non-compete case that arose in Fairfax County.  The non-compete agreement that an employee signed with a computer company prohibited him from engaging in certain competitive actions for “twelve (12) after the date of termination.”  Based on…