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  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…

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…

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…

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…

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…

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…

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…

In this technological age, intellectual property issues often arise in employment, including questions regarding the ownership of intellectual property developed or created by an employee and disputes with departing employees over trade secrets and other confidential business information. As a matter…

A manufacturing engineer employee for a Roanoke lighting company suffered from sleep deprivation caused by his fibromyalgia, and would periodically fall asleep while on the job.  In response to counseling by his employer that it would not tolerate his sleeping on the job, the engineer told his supervisor that he…