Supreme Court of Virginia Defines Damages Calculation for Breach of Noncompete
In Preferred Systems Solutions, Inc. v. GP Consulting, LLC, Nos. 11906, 11907 (Sept. 14, 2012), the Supreme Court of Virginia, for the first time, defined how to calculate damages for the breach of a...
View ArticleThe Virginia Supreme Court on Damages, Equity Valuation, and the Significance...
The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed...
View ArticleRetaliation and Whistleblower Claims by In-House Counsel
In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical obligations of...
View ArticleVirginia Supreme Court Reverses Dismissal of Non-Compete Case, Emphasizing...
In Assurance Data, Inc. v. John Malyevac, No. 121989 (Sept. 12, 2013), the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a...
View ArticleLawyers' Ethics Committee Deems New York Lawyers Ineligible for Dodd-Frank...
The issue of whether attorneys may "blow the whistle" on conduct they reasonably believe violates securities laws, and thereby collect bounties under federal whistleblower laws, is controversial....By:...
View ArticleOSHA Issues New Rule for Food Safety Whistleblowers
Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under...
View ArticleFourth Circuit Breathes Life into Summary Judgment for Employers Defending...
On May 12, 2014, the U.S. Court of Appeals for the Fourth Circuit issued a ruling upholding a grant of summary judgment in favor of the employer in Feldman v. Law Enforcement Assocs. Corp., a...
View ArticleNew "Fair Pay and Safe Workplaces" Executive Order Dramatically Increases...
The White House has issued another Executive Order (EO) aimed at federal contractors, and it is the most sweeping order to date. The EO, titled "Fair Pay and Safe Workplaces," was issued July 31, 2014...
View ArticleDOL Issues Final Rule Implementing Executive Order Prohibiting LGBT...
On December 3, 2014, the Department of Labor (DOL) released its final rule implementing Executive Order (EO) 13672, “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the...
View ArticleDOL Issues its Final Rule for SOX Whistleblower Complaints
On March 5, 2015, the U.S. Department of Labor issued a Final Rule implementing protections for employees of securities companies and their subsidiaries, as well as employees of national credit-rating...
View ArticleAgencies Issue Proposed Rule, Guidance on Blacklisting Executive Order
The federal agencies charged with implementing President Obama's July 31, 2014 Fair Pay and Safe Workplaces Executive Order have released their much-anticipated proposed rule on this directive. On May...
View ArticleBlacklisting Proposed Rule and DOL Guidance Could Have Serious Repercussions...
On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Notice of Proposed Rulemaking (NPRM) regarding the so-called "blacklisting"...
View ArticleExecutive Order Requires Federal Contractors to Provide Paid Sick Leave
On Labor Day, President Obama unveiled the latest executive branch action taking aim at federal government contractors. As labor and employment legislation has stalled in a divided Congress, the White...
View ArticleAgencies Issue Final Rules Governing Contractor Minimum Wage, Whistleblower...
On December 4, 2015, three federal agencies published a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13658, Establishing a Minimum Wage for...
View ArticleAgencies Release Final Rule on “Fair Pay and Safe Workplaces” Executive Order
On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and...
View ArticleTaking a Closer Look at the New Federal Contractor "Blacklisting" Obligations
On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal...
View ArticleA Win for Federal Contractors, Court Temporarily Enjoins Enforcement of Key...
Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of...
View ArticleVirginia Supreme Court Rules Sovereign Immunity Bars Private USERRA Claims...
The Supreme Court of Virginia, in Clark v. Virginia Department of State Police, No. 151857 (Dec. 1. 2016), recently ruled that the doctrine of sovereign immunity barred a private plaintiff’s claim...
View ArticleThe Funny Guy Case is No Laughing Matter: Virginia Supreme Court Applies Res...
The Supreme Court of Virginia recently issued an opinion applying the principles of res judicata to affirm the dismissal of a contract claim. In The Funny Guy, LLC v. Lecego, LLC, No. 160242 (Feb. 16,...
View ArticleVirginia Supreme Court Denies Expansion of Public Policy Exception for...
The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s...
View ArticlePresident Signs Resolution to Undo "Blacklisting" Rule
On March 27, 2017, President Trump signed a joint resolution of disapproval (H.J. Res. 37) to block the rule implementing Executive Order 13,673, Fair Pay and Safe Workplaces, otherwise known as the...
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