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Business Litigation

Not All Employee Insults Are Defamatory

On Behalf of Berenzweig Leonard, LLP | August 13, 2012 | Business Litigation

A surgeon at Inova Fairfax Hospital claimed that the hospital and several of its staff members defamed him by making a number of statements challenging his abilities as a doctor.  Among the allegedly defamatory statements the doctor claimed the staff made were the following: That he was “incompetent and…

Pay Attention to Payment Clauses in Contracts

On Behalf of Berenzweig Leonard, LLP | August 7, 2012 | Business Litigation

Under a Labor Hour contract, a government contractor can legally be paid for 50 hours of work performed by a salaried employee in one week, even though that employee does not receive more than what his salary pays based on 40 hours per week. Although the government claimed that…

Social Media Policies Under Scrutiny by the Government

by Nick Johnson | August 7, 2012 | Business Litigation

Social media is everywhere.  Most people are interacting through social media outlets such as Facebook, Twitter and LinkedIn.  The ability to interact with friends, family and colleagues in real-time is unprecedented in modern day society.  However, given the transparent nature of social media outlets, privacy issues can be problematic, especially…

Disciplinary actions and racial discrimination

by Declan Leonard | August 2, 2012 | Business Litigation

A new case out of Charlottesville looks at whether employers can be held liable for discrimination if they discipline an employee of one race for an infraction but not an employee of another race. A Caucasian employee for the Department of the Army noticed a dirty coffee cup and spoon left…

Be Safe: Interpret “Should” In An RFP To Mean “Shall”

On Behalf of Berenzweig Leonard, LLP | July 20, 2012 | Business Litigation

Although the English language clearly distinguishes the words “should” and “may” from the word “shall,” GAO does not. Recently, an RFP from the CIA required offerors to provide resumes for all personnel. KPMG submitted resumes for all personnel to be used not only for the initial performance period but also…

Shoving or Discrimination?

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

  A male supervisor who was offended at a comment made by a female employee during a meeting, shoved the female employee on her arm.  The female employee sought treatment for the alleged pain from the altercation, and she also claimed to have suffered headaches, nightmares, and high blood…

Courts start considering injuries caused while texting

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

Can businesses be exposed to liability just because their employees are texting while driving, even during lunch or on their way home at night?  In view of recent trends reflected in various parts of the United States, the answer is arguably yes. A couple of years ago, a Virginia court…

Non-Compete Agreements: Overly Broad and Unenforceable?

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

  An employee for Virginia-based Paramount Pest Control Company left to go work for a competing pest control company, and once there, he actively solicited Paramount’s customers.  The employee had signed a non-compete agreement with Paramount, which prohibited him for a period of two years from working in any…

Consider a CTA to Increase Your Profits

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

Government contractors may be missing out on new business opportunities available under the GSA Federal Supply Schedule (FSS). A recent decision shows how to take advantage of a teaming opportunity unique to the GSA Federal Supply Schedule: the GSA FSS CTA. Although teaming in government contracting is common among vendors,…

Contracting Options and Rights Expand

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

  A recent Board of Contract Appeals case highlights that government contractors may be missing out on new business opportunities available under the GSA Federal Supply Schedule (FSS) by not taking advantage of a direct teaming opportunity unique to the GSA FSS. Although teaming in government contracting is common…