Skip to content

Blog

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…

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…

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…

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…

Supreme Court Narrowly Upholds Affordable Care Act – What’s Next for Employers?

On Behalf of Berenzweig Leonard, LLP | July 20, 2012 | Employment & Labor Law

In its recent landmark decision, the Supreme Court upheld nearly all of the Patient Protection and Affordable Care Act. While having a significant business law impact, legal scholars continue to debate the Act’s merits, and presumptive Republican presidential candidate Romney has vowed to repeal it if elected, the law…

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,…

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…

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…

Facebook and Employee Grievances

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

  A salesperson for a BMW dealership posted mocking comments and pictures on his Facebook page about the food the dealership served at a promotional “Ultimate Driving Event” held to introduce clients to the new BMW Series 5.  The salesperson was disappointed that his dealership chose to serve hot…

Innovative Legal Counsel For Businesses, Professionals, And Creative Individuals.