Harvey & Binnall Insight & News

Blog Authors

Latest from Harvey & Binnall Insight & News

If you have sustained losses due to a breach of contract, then — depending on the particular structure of the contract — you may find that the defendant attempts to avoid liability by arguing that you failed to satisfy some condition precedent necessary for the contract obligations to trigger. Given the complications typical of this defense (and various other defenses that may be asserted), it’s important that you get in touch with a qualified…
If you have sustained damages in a breach of contract scenario, then — under certain limited circumstances — you may be entitled to equitable relief in the form a specific performance remedy, as opposed to the standard monetary remedy that is usually awarded in breach of contract cases. Let’s take a look at some of the basics of specific performance and how it works. What is the Specific Performance Remedy? Specific performance is a…
If you have been charged with bank fraud, then you could be exposed to significant criminal penalties of up to a million dollars in fines and 30 years imprisonment — this can cause many defendants to feel incredibly nervous about the impending litigation.  Should the prosecution gather sufficient evidence to convict you of bank fraud, your entire life will be irrevocably change. Government authorities can be rather heavy-handed in their investigation and prosecution of suspected…
If you are involved in a breach of contract dispute where the “breaching party” engaged in conduct that might qualify as a partial breach (not a material breach), you may be entitled to bring a claim against the defendant for damages, even if you are limited in terms of your right to terminate the contract and refrain from further performance of the contractual duties therein. How does partial breach work?  Let’s examine the basics for…
Identity theft — otherwise known as false personation, or identity fraud — is a serious crime that may be charged as either a misdemeanor or a felony, depending on the criminal record of the defendant, the amount of money “stolen” using the false identity, and various other circumstances. Millions of identity theft instances occur every year in the United States.  Given the severity of the issue, the IRS and other government authorities have increasingly been…
No matter the jurisdiction, when businesses — sophisticated or not — execute contracts, the potential for tortious interference by a third-party is not often anticipated by those engaged in the present contract.  Tortious interference can have a significant impact on the businesses involved, however, and may give rise to actionable claims for damages, to cover the losses caused by such interference. Basic Elements of a Tortious Interference Claim Tortious interference claims essentially involve the…
Depending on the nature of the business and the information being protected, trade secrets may form a substantial portion of an intellectual property portfolio, and thus a substantial portion of the total value of a given business.  As such, potential trade secret infringement may have enormous consequences for the continued health of a business.  Fortunately, those whose trade secrets have been infringed (through misappropriation) may bring an action against the liable defendant. Legitimate trade secrets…
If you are currently under investigation by a government agency, or if you are simply concerned that you (or an employee/agent) might have committed a regulatory violation that could expose your organization to criminal liability, then it’s important to get in touch with an experienced Alexandria white collar defense attorney for further guidance.  Qualified white collar criminal defense attorneys will work with you to conduct an internal investigation and identify potential violations. Many businesses don’t…
Individuals and businesses are frequently unaware of their rights under the law.  Misinformation in the contract dispute context is quite common — after all, many mistakenly believe that contracts are automatically invalid unless they are written.  Similarly misunderstood is the fact that certain non-contractual promises are enforceable against the promisor (i.e., the party that made the promise at-issue), pursuant to the doctrine of detrimental reliance. What is Detrimental Reliance? Detrimental reliance — otherwise known as…
In the context of white collar criminal defense, there has — generally speaking — been a fundamental tension between employees and their employers.  After all, when government agencies begin to investigate the potential wrongdoing of a business entity (and the employees therein), conflicts of interest naturally arise. An employee, for example, may be suspected of committing fraud while working for their business employer.  If the employee acted alone and without the knowledge of their…