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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Employer Not Required to Make Safety Exemptions for Employee in ADA Case

In a recent case, the federal court for the Western District of Virginia answered the question of whether an employer must exempt an employee from a requirement to wear safety equipment because she has a physical condition that prevents her from wearing the safety equipment. The court ultimately concluded that the Americans with Disabilities Act
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Are you Asking job Candidates Illegal Questions During an Interview?

Here are some tips on what not to ask to avoid a liability. Want to avoid complaints and discrimination allegations flowing from your company or organization’s hiring practices? Then, you need to be very careful in your hiring processes and interview questions. Imagine the scenario where a 55-year-old male applies for a job. During the
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Government Contractor Restrictive Covenant Enforced in Part

Omnisec Int’l Investigations, Inc. et al. v. Slavica Stone, Fairfax Co. Cir. Ct., March 26, 2019 (Judge Richard Gardiner) The Facts Slavica Stone worked for Omniplex (and its subsidiary, Omnisec) from 2003 until 2017. Omniplex conducts security clearance background checks for agencies and performs its work nationwide and overseas. Upon taking the position, Stone signed
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Employer Needs Legitimate, Non-Discriminatory Grounds for Termination

In a recent case, Haynes v. Waste Connections Inc., the Fourth Circuit affirmed denial of summary judgment against employer on claims of race discrimination and retaliation. While this case was decided on a particular set of facts, the ruling may offer guidance for other employers and employees. The Facts James Fountain, a white man, hired
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Where Would you like to Sue or be Sued?

General Counsel, P.C. (“GCPC”) attorneys practice in three jurisdictions, collectively known as the “DMV” – the District of Columbia, Maryland and Virginia. While similarities exist among the venues, there are distinct differences that might impact where you or your company may prefer to engage in litigation. While GCPC has a strong litigation practice, it also
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