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Category: Litigation

Why Employers (and Employees) Need to Pay Attention to the Fair Labor Standards Act

Thursday, 19 February 2015 by Merritt Green
Why Employers (and Employees) Need to Pay Attention to the Fair Labor Standards Act   Recently, General Counsel, P.C. is getting more (and more) calls for a business litigation attorney regarding alleged violations of the Fair Labor Standards Act (“FLSA”).  And, more often than not, the employer is in violation of the FLSA and subject
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  • Published in Labor & Employment, Litigation
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New Legislation Expands the Scope of the ADA

Monday, 04 August 2014 by Merritt Green
Created December 29, 2008 President Bush signed the ADA Amendments Act of 2008 (the “Act”) into law on September 25, 2008.   The Act will become effective January 1, 2009 and expands the scope of disabilities covered under the Americans with Disabilities Act of 1990 (the “ADA”), while also expanding the protections available to employees by
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  • Published in Litigation
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Litigation Counselor

Monday, 04 August 2014 by Merritt Green
Created March 28, 2013 The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) was enacted to provide a number of workplace protections for members of the uniformed services. Like other laws prohibiting discrimination in employment practices, USERRA also provides protections for servicemembers by prohibiting discrimination on the basis of an employee’s military affiliations, as well
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  • Published in Litigation
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Litigation Privileges

Sunday, 02 March 2014 by Merritt Green
Because of the broad scope of discovery, it is vitally important to understand–and properly utilize and protect–the attorney-client communication privilege and the work product immunity doctrine. Discovery is an important pre-trial component of litigation, during which parties to a lawsuit are able to obtain from one another evidence pertaining to the case. Many first-time litigants
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  • Published in Litigation
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Recovering Attorneys’ Fees

Friday, 23 August 2013 by Merritt Green
Recovering Attorneys’ Fees In the Commonwealth of Virginia, along with most other jurisdictions in the United States, the default rule in litigation proceedings is that each party will bear the costs of their own attorneys’ fees, regardless of which side wins or loses. Any exceptions to this rule must be provided for either by a
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  • Published in Litigation
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Important Procedural Changes Impacting Virginia Litigation

Tuesday, 14 May 2013 by Merritt Green
As of July 1, 2013, Virginia’s rules of civil procedure will be changed in a number of key respects. The recent amendments enacted by the General Assembly alter the currently existing rules concerning venue, service of process, and summary judgment, and provide important new protections for defendants in civil cases brought before Virginia state courts.
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  • Published in Litigation
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Eastern District of VA Holds that National Origin Discrimination Includes Caucasians of European Descent

Wednesday, 08 May 2013 by Merritt Green
In a March 20th decision that all employers should review, the Federal District Court for the Eastern District of Virginia, Alexandria Division, provided an excellent overview of summary judgment standards in discrimination decisions and issued  two important rulings: That national origin, as protected within Title VII, should be read broadly to provide protection for the national origin
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  • Published in Labor & Employment, Litigation
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Is Your Non-Compete Agreement Enforceable

Sunday, 01 July 2012 by Merritt Green
If your company’s non-compete agreement was not specifically tailored for business/employment relationship, it may be unenforceable.  In a recent decision regarding the enforceability of non-compete agreements, the U.S. District Court for the Eastern District of Virginia sent a reminder to all employers that non-compete agreements must be specifically tailored to the unique employer-employee relationship to
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  • Published in Litigation
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