Level up on how different Virginia laws affect your business, and learn how we are continually improving our general counsel services to meet our clients’ needs

Ask General Counsel: Can federal or government contractor employees use marijuana?

Published by Ask General Counsel on InsideNova, 9/08/2022 Image from Inside Nova In this edition of Ask General Counsel, we discuss whether federal or government contractor employees can use marijuana.  Located in McLean, the attorneys of General Counsel, P.C. have been representing employers, non-profit entities, and individuals since 2004. While many states have enacted legislation
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Who Breached First? Virginia Court Offers Guidance on Breach of Contract Claims

Who Breached First? Virginia Court Offers Guidance on Breach of Contract Claims
In a recent case, the Western District of Virginia provided guidance on breach of contract claims. Here, the court made clear that if one party to a contract materially breaches the contract, subsequent breaches by the other party cannot be the basis for a breach of contract claim. Under the first material breach doctrine, if
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Ask General Counsel: What should I consider during a business divorce?

Published by Ask General Counsel on InsideNova, 7/19/2022 Image from Inside Nova In this edition of Ask General Counsel, the attorneys of General Counsel P.C., based in McLean, discuss what a business owner should consider when their business relationship fails. Business relationships fail for many different reasons: Business partners may have long-term disagreements, a change
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Businesses May Now Need To Plan Against Successor Liability After Asset Sales: What To Know

Businesses May Now Need To Plan Against Successor Liability After Asset Sales: What To Know
As businesses grow, business owners may start to think about further expansion and even consider acquiring another company’s operations. Typically, these acquisitions can be structured in a way that limits the potential liabilities for the purchaser company based on obligations on the seller company and the assets being acquired. However, even if a business owner
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Ask General Counsel: Top 10 issues that should be addressed in a services agreement

Ask General Counsel: Top 10 issues that should be addressed in a services agreement
Published by Ask General Counsel on InsideNova, 3/8/2022 Image from Inside Nova Just like the expression “good fences make good neighbors,” you can say that “good contracts make good business partners.” Time after time clients come to General Counsel P.C. with a business dispute.  We ask to see their contact and they either don’t have
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Ask General Counsel: What to Know About Bid Protests

Published by Ask General Counsel on InsideNova, 2/24/2022 Image from Inside Nova In this edition of Ask General Counsel, we pay homage to the Washington area’s number one business – the federal government.  Specifically, we will discuss what you need to know about bid protests. General Counsel, P.C.’s Government Contracts Practice Group, led by Craig Lawless, has represented
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Ask General Counsel: How to get government contracts with small business certification

Published by Ask General Counsel on InsideNova, 2/11/2022 Image from Inside Nova Craig Lawless, who leads General Counsel PC’s Government Contracts Practice and is editor of the Bid Protest Weekly, provides an overview of SBA Contracting Programs.     Question:  How can small businesses leverage assistance from the federal government? The federal government wants to help
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Eastern District of Virginia Finds in Favor of Employer After Employees Acquired and Disclosed Confidential Information to Competitor

In a recent case, the U.S. District Court for the Eastern District of Virginia sided with the employer seeking injunctive relief after employees acquired confidential information and disclosed that information to a competitor, causing irreparable harm to the employer. This case should serve as a warning to employees, as well as guidance for employers who
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Ask General Counsel: Overview of Vaccine Mandates

Published by Ask General Counsel on InsideNova, 10/27/02021 Image from Inside Nova Vaccine mandates are impacting hundreds of thousands of employees in the Washington region and across the country.  Here is a summary of the coverage, legal exemptions, and accommodations for the pending vaccine mandates.  For more information or legal assistance, contact Merritt Green, who
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Ask General Counsel: Religious exemptions to mandatory COVID-19 vaccination policies

Published by Ask General Counsel on InsideNova, 9/29/2021 Image from Inside Nova In this edition of Ask General Counsel, we provide an overview of religious exemptions to mandatory COVID-19 vaccination policies.  This is an issue that employers and employees are struggling to understand and determine their respective rights.  This article is intended as a brief overview
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Ask General Counsel: Legal Considerations When Starting a Business

Published by Ask General Counsel on InsideNova, 8/25/2021 Image from Inside Nova There are many legal considerations when starting a business.  As attorneys, we are fortunate to help business owners start and operate businesses.  Unfortunately, we also see all the mistakes made by business owners.  Hopefully, the below outline provides guidance that can direct and
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Ask General Counsel: What is my personal liability as a business owner?

Published by Ask General Counsel on InsideNova, 8/11/2021 Image from Inside Nova Corporations, LLCs, and other organizations are formed to shield their owners from liability. This protection is unique to corporations, as sole proprietorships or general partnerships do not have liability protection; they allow for the assets of both the business and the owner to be seized
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Virginia Employers: Review and Consider Amending Employment Agreements to Add Duty to Disclose Conflicts

In a recent case, the U.S. District Court for the Western District of Virginia denied the employee’s motion to dismiss and determined that multiple claims could proceed against an employee, including breach of contract, breach of duty of loyalty, and fraud. In this case, the employee and employer entered into an Employment Agreement stating the
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Ask General Counsel: Top five reasons Virginia employers need to review their restrictive covenant agreements

Blank non-compete agreement page on a marble table
Image by: Paul Lara / InsideNoVa Published by Ask General Counsel on InsideNova, 7/28/2021 Recent changes in employment law and changes to the economy and workplace in general due to the coronavirus pandemic may require some employers to update their employment agreements and restricted covenant agreements. For general guidelines on enforceability of restrictive covenant agreements,
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Ask General Counsel: Employer’s mandatory COVID-19 vaccination policy upheld

Employer’s mandatory COVID-19 vaccination policy upheld
Image by: Paul Lara / InsideNoVa Published by Ask General Counsel on InsideNova, 7/13/2021 In an April edition of Ask General Counsel, we asked:  Can Employers Require Employees to Receive COVID-19 Vaccinations? Our answer was “Yes, with some exceptions and if the mandatory vaccine policy is job-related and consistent with business necessity.” This opinion was supported
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Corporate Issues in Divorce – Avoiding Divorce Issues Among Equity holders

Post Covid-19 Company Meeting
The best way to ensure smooth corporate operations is to anticipate risk and events at the outset of an enterprise. Unfortunately, the same positive energy that can help launch a great business can also interfere with people’s willingness to discuss negative future events, even if it is in the best interests of the business to
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Advice from Divorce Attorney – How to Protect Your Business During a Divorce

Negotiating Business Ownership in Divorce
Photo by Tima Miroshnichenko from Pexels Couples typically do not enter into marriage thinking about divorce, but, unfortunately, not planning for the possibility can oftentimes have serious consequences. Divorces can be difficult, and even more complex when business assets are at stake. For many business owners, the business itself is the individual’s most valuable asset. Business owners
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6 Reasons Business Owners should NOT serve as the Registered Agent for their Business.

Businesses in Virginia are required to have a registered office and registered agent.  Many business owners serve as the registered agent and use their home as the registered office.  That may be a bad idea.  You should consider using General Counsel, P.C.    Here are Six Reasons Why     #1. Safety The registered office is
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Business Break-Ups Can Be Complicated – Valuation of Corporate Shares

Business Break-Ups or Business Divorces occur when business owners can no longer agree on operations or future of a company.  As we wrote in this article, What Should I Consider During a Business Divorce, messy (and expensive) business break-ups can be minimized or avoided by careful planning. In a recent case, the plaintiff shareholder filed
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Top Five Reasons Virginia Employers Need to Review/Update Their Restrictive Covenant Agreements

Recent changes in employment law and changes to the economy and workplace in general, due to the coronavirus pandemic, may require some employers to update their employment agreements and restricted covenant agreements. Discussed below are the top five reasons employers may wish to review and update their restrictive covenant agreements. #1. No longer applicable to
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