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

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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Paycheck Protection Program Round 2: Business Eligibility

Payroll Protection Program Round 2 Eligibility Requirements
Congress recently passed a $900 billion COVID-19 relief bill, the Consolidated Appropriations Act, 2021, which included funds for another round of the Paycheck Protection Program (PPP). The new round of PPP is similar to the first round, but the bill includes some important differences. These new PPP loans will be available through March 31, 2021.
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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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Leesburg Man Arrested for $2.5M CARES Act Loan Fraud

Leesburg man arrested for $2.5M CARES Act Loan Fraud
In an October 20, 2020 Press Release, the Department of Justice announced that Didier Kindambu, was arrested on charges of fraudulently obtaining over $2.5 million in loans through the CARES Act Paycheck Protection Program (PPP) for his businesses Papillon Air, Inc. and Papillon Holdings.  It is alleged that Kindambu created fraudulent payroll documentation and submitted
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How Can You Comply with Virginia’s MANDATORY COVID-19 Emergency Temporary Standard?

Learn How in This Webinar! Recorded Sep 15, 2020 at 12:30 PM EDT. This Webinar provided an overview of the Virginia Emergency Temporary Standard and discuss the Virginia Emergency Standard Forms Generator (VES Forms Generator) (www.covidcomplianceplans.com), to help Employers easily and inexpensively create the tools to comply with the Emergency Temporary Standard.
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Acclaim Technical Services, LLC Acquires Global Consulting Services, Inc.

Congratulations to General Counsel, P.C. client Global Consulting Services, Inc. (GCS) on its acquisition by Acclaim Technical Services, LLC. We were pleased to help with legal services through this transaction. Acclaim Technical Services, LLC (ATS)announced Sept. 1 it has acquired Global Consulting Services, Inc. (GCS), a Rockville, MD-based company with approximately 30 employees, to meaningfully differentiate and
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Should Your Business Consider A Business Interruption Lawsuit Against Your Insurance Company

Closed Store
A recent decision in the Western District of Missouri may have set the stage for “business interruption” coverage for businesses for losses resulting from COVID-19. Business interruption insurance replaces lost income when a business has to temporarily close. The policies generally apply when there’s “direct physical loss or damage.” “Direct physical loss or damage” typically
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Maintaining Confidentiality During Workplace Investigations

Workplace Investigation
In a recent case, the Western District of Virginia found that emails between defendants were not entitled to the work product privilege and were instead discoverable. The court held that for the work product privilege to apply, the subject materials “must be part of the process of seeking, developing, or conveying legal advice or strategy”
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What to Consider Before Implementing a Mandatory Arbitration Agreement for Your Business

Writing Contracting Dispute Language
Arbitration is a form of alternative dispute resolution, aimed at resolving disputes outside of the traditional court system. You can find more information about arbitration, and alternative dispute resolution generally, here. In context of employment agreements, mandatory arbitration requires employees to utilize arbitration instead of the public court system and these agreements are typically entered
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