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Business Litigation

Can a Nurse Refuse CPR to Follow “Company Policy” While a Woman Dies?

On Behalf of Berenzweig Leonard, LLP | March 4, 2013 | Business Litigation

The nation is abuzz about an incredible situation at a California assisted living facility.  A video clip with the discussion of this breaking news is attached below. A nurse at the facility called 911 for medical assistance when a female resident had difficulty breathing.  The dispatcher on the 911…

What Are Common Bid Errors to Avoid?

On Behalf of Berenzweig Leonard, LLP | February 14, 2013 | Business Litigation

The procurement process is fraught with many procedures and regulations, and therefore submitting a flawless solicitation is a difficult task.  But there are some errors committed with enough frequency that contractors can readily learn from the mistakes of others. Recent protest decisions of the Government Accountability Office (GAO) show good examples of…

House Bill if Passed Would Affirmatively Require Employers to Pay Employees for Jury Duty

On Behalf of Berenzweig Leonard, LLP | February 8, 2013 | Business Litigation

On December 6, 2012, the Virginia House of Representatives introduced HB1368, which if passed will significantly change Virginia employment law. Currently, Virginia law does not require employers to pay employees for days missed due to jury duty, although employers are prohibited from requiring employees to use vacation…

Can’t Always Pick Employees Based On The Interview

On Behalf of Berenzweig Leonard, LLP | February 7, 2013 | Business Litigation

Can a company give a job to a less qualified male candidate just because he did better in the job interview than the female candidate?  That was the issue facing a federal judge in Virginia recently. On paper, the female candidate was far superior to the male candidate.  The posting…

The Implied Duty of Good Faith and Fair Dealing: What Does it Mean for Virginia’s Businesses?

On Behalf of Berenzweig Leonard, LLP | January 11, 2013 | Business Litigation

The duty of good faith and fair dealing has its roots in the Uniform Commercial Code (“UCC”), which applies to sales and other commercial transactions, and is now recognized at common law in some form in most jurisdictions. Numerous Virginia state and federal courts have held that the implied…

Bidders Must Not Delay Protesting Solicitation Amendments

On Behalf of Berenzweig Leonard, LLP | January 9, 2013 | Business Litigation

Filing a protest before the agency even awards a contract can be a very difficult business decision because it seems like you are suing your potential customer to get the order. But sometimes that difficult decision must be made and, as we will see, might not be a bad business…

Equal Justice Under Law?

On Behalf of Berenzweig Leonard, LLP | December 12, 2012 | Business Litigation

“Equal Justice Under Law.” Those words are engraved above the entrance to the United States Supreme Court building. They express an aspirational goal rarely achieved. The dispensing of “justice” is, more often than not, unequal. It is no secret that in litigation rich people have a great advantage over the less…

Government Contractor’s Non-Compete Deemed Enforceable

On Behalf of Berenzweig Leonard, LLP | November 27, 2012 | Business Litigation

  The Virginia Supreme Court recently sent a strong message in favor of enforcing narrowly-drawn non-compete clauses in subcontracts between government primes and subs. Preferred Systems Solutions, Inc. (PSS) was on a team led by Accenture that won a Blanket Purchase Agreement to support a Defense Logistics Agency (DLA)…

Can Employers Refuse to Hire Someone Because They Are Unemployed?

On Behalf of Berenzweig Leonard, LLP | November 14, 2012 | Business Litigation

In this challenging economy, unemployed individuals are looking for any way to find suitable employment. However, in a recent article posted on AOL Jobs, employers across the country explained that they tend to stray away from hiring the unemployed citing reasons such as not knowing why an unemployed worker lost…

Small Business Subcontractors: Accelerated Payments

On Behalf of Berenzweig Leonard, LLP | October 22, 2012 | Business Litigation

The Office of Management and Budget has told federal agencies that they should accelerate their payments to prime contractors in order for the primes to pay their subcontractors sooner.  Instead of paying primes 23-30 days after they submit an invoice as is typical, agencies should now pay the prime’s…