Grounds for Discovery Sanctions for Destruction of Digital Evidence

In a recent case, the Eastern District of Virginia decided that sanctions were warranted against a party that destroyed evidence prior to the start of litigation. Here, the court held that documents deleted from a computer were lost and irreplaceable, and that the individual demonstrated an intent to deprive the other party of use of
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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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Enforcement of Foreign Arbitration Awards

In a recent case, the Fourth Circuit was faced with a question about the enforcement of a Singapore arbitration award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In Reddy v. Buttar, the court held that an arbitration award from a Singapore arbitration proceeding could be enforced in the Fourth Circuit,
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Ask General Counsel: What does the likely abortion decision mean for Virginians?

Published by Ask General Counsel on InsideNova, 5/10/2022 Image from Inside Nova In this edition of Ask General Counsel, the attorneys of General Counsel P.C. discuss the recently leaked Supreme Court decision on abortion, and what Virginians need to know. In case you missed it, it appears that the U.S. Supreme Court is gearing up to overturn Roe v.
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Fourth Circuit Overturns “Exceptionally Large” Damages Award in Defamation Case

In a recent case, a jury awarded a plaintiff over $22 million in damages, but the defendant appealed. The court determined that the award was too large and not supported by the evidence. Although the Fourth Circuit upheld the decision finding that defamation existed, it determined that a new trial on damages was required, since
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Western District of Virginia Dismisses Case After Plaintiff Destroys Evidence

In a recent case, the Western District of Virginia dismissed a case after the plaintiff destroyed evidence, resulting in a significant disadvantage to the defendant and hindering fair adjudication. This case should be a cautionary tale, warning of the serious consequences that can result from destroying or not properly preserving evidence. If you are in
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Protecting Your Reputation Digital and Legal Strategies 2021

Dealing with online defamation in the modern age
Merritt Green of General Counsel, PC, and John Schultz of NetStrategies provide great insights into the problems affecting businesses with regard to defamation online. Anyone with a mobile phone and internet access can write or post something damaging about a person, business, or group on social media or any number of publishing websites. And what
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Virginia Court Orders Defendant to Pay Fees After Deleting Evidence

Defendant loses court case
In a recent case, the Fairfax County Circuit Court ordered the defendant to pay over $140,000 in costs and attorneys’ fees after deleting evidence. There, a dentist sued a fellow dentist for defamation and the defendant deleted digital data related to the defamation. The court held that the defendant engaged in “reckless” spoilation of evidence
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Investors’ Claims against LLC Founders Fail for Lack of Standing and Improperly Identifying Parties

fraud, statutory business conspiracy
Johnson v. Bella Gravida, LLC Jason Wilson and Christa Evans (“Defendants”) cofounded a clothing company, Bella Gravida, LLC, of which Evans was also the CEO and manager. Bella Gravida was marketed as a monthly subscription service for maternity clothing. In 2015, Stephen and Ann Johnson (“Plaintiffs”) signed a Membership Unit Purchase Agreement (“Agreement”), exchanging $30,000
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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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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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SBA Extends PPP Loan Safe Harbor Date And DOJ Brings First PPP Fraud Charges

First DOJ Government Stimulus Fraud Case
As we noted here back on April 23rd the SBA published new guidance on the Paycheck Protection Program (“PPP”) around the certification that the “loan request [is] necessary to support the ongoing operations” of the borrower. Specifically in that guidance, the SBA noted that having access to other sources of sufficient liquidity would prevent a borrower from making
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Johnny Depp helps to provide Guidance on What Defamatory Statements are “Actionable” in Virginia

Johnny Depp actionable defamation claims
John Depp, commonly known as “Johnny Depp,” filed suit against his ex-wife, Amber Heard, claiming defamation based on four statements made in Heard’s op-ed in the Washington Post in December 2018.  The Fairfax County Circuit Court considered his defamation claims and determined which alleged defamatory statements were “actionable” providing valuable guidance.  For more information on
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Coronavirus Impact on Business Contracts – Live Recording 4/1/2020

Coronavirus covid-19 impact on contract obligations
The quarantine and social distancing stemming from the Coronavirus covid-19 pandemic, has an effect on many businesses ability to meet their contractual obligations. In this live recording of attorney Lewis Rhodes talking to business owners on April 2, 2020, he covers the implications to businesses who are unable to meet their contractual obligations due to
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CAN I BE SUED DUE TO CORONAVIRUS (COVID 19) – AND AM I COVERED?

Defendant loses court case
Litigation Practice, Group General Counsel, P.C. (Main: 703 556-0411) The COVID-19 “coronavirus” situation is complex and unprecedented in its impact on all phases of life and government. Most states have issued a recent rash of executive orders, regulations, health standards and the like in the emergency response to the pandemic. Several states have put into
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General Counsel, P.C. Client Alert – Supreme Court of Virginia Declares Judicial Emergency in Response to COVID-19

Virginia Supreme Court
Effective March 16, 2020, the Supreme Court of Virginia has issued an Order and declared a judicial emergency for all district and circuit courts of the Commonwealth “to protect the health and safety of court employees, litigants, judges, and the general public.”  The Order shall be in effect from March 16, 2020 to April 6,
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Alternative Dispute Resolution: Is it Right for Your Business?

Generally, businesses wish to avoid litigation. Litigation can be very expense and time consuming, and business owners would rather spend their resources running and growing their businesses. Unfortunately, legal disputes are a risk of owning a business and sometimes it is necessary to protect your company or redress a wrong. However, there are methods to
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Eastern District of Virginia Finds in Favor of Employer When Employee Claimed Racial Discrimination and Then Voluntary Resigned

  In a recent case, the Court found there wasn’t sufficient evidence of employment discrimination or hostile work environment, where the employee’s claims were based on a single incident of conduct by a co-worker and the employer took swift corrective action. The Court also offered additional guidance on when a voluntary resignation may be considered
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Court Finds for Employer in Race Discrimination Case

In a recent case, Brown v. Akima, LLC, the federal court for the Eastern District of Virginia found for an employer when an employee filed claims of race discrimination, retaliation, and hostile work environment. While this case was decided on a particular set of facts, the ruling may offer guidance to other employers. The Facts
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Front Pay, Back Pay and other Damages in Retaliation Case

Arbas v. PhyAmerica Government Services, Inc., U.S. District Court, Eastern Dist. Va, April 2019. The Facts Catherine Arbas was employed as an art therapist by PhyAmerica Government Services, Inc. and contracted to work at the Womak Army Medical Center for the United States Department of the Army. On October 30, 2016, Arbas informed her direct
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