Social media is a powerful tool for communication, but it also carries serious legal risks—especially when it comes to defamation. In Virginia, as in many other jurisdictions, individuals and businesses can face costly legal consequences for online posts that contain
Harvey & Binnall Insight & News
Harvey & Binnall Insight & News, published by Harvey & Binnall, PLLC, covers a range of litigation and legal issues primarily focused on business and commercial disputes, employment law, white collar criminal defense, privacy law, civil rights, and political law. The blog also addresses alternative dispute resolution methods, Title IX defense, and constitutional law topics such as presidential power and the Fifth Amendment. It provides analysis on legal risks related to social media, defamation, and the nuances of Virginia's judicial system. The content is aimed at clients and legal professionals interested in trial advocacy, regulatory compliance, and protecting individual and corporate rights.
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The Youngstown Concurrence and Presidential Power
In 1952, the U.S. Supreme Court delivered a landmark decision in Youngstown Sheet & Tube Co. v. Sawyer, outlining three zones of presidential power. In Youngstown, the Supreme Court struck down President Truman’s seizure of steel mills during the Korean…
Understanding the Differences Between Title IX and Title VII
Overview In the United States, Title IX and Title VII play crucial roles in preventing discrimination, yet they serve distinct purposes. While both promote fairness and equality, they differ significantly in scope, enforcement, and application. Understanding these differences is vital…
The Fifth Amendment Privilege: What Corporations Need to Know
Understanding the Fifth Amendment and Its Impact on Corporations The Fifth Amendment to the United States Constitution provides a fundamental protection: the right against self-incrimination. This means that no individual can be forced to testify against themselves in a criminal…
Understanding Virginia’s Judicial System
If you are dealing with legal matters in Virginia, it’s essential to understand how Virginia’s judicial system operates, particularly its two primary trial courts: the General District Courts (GDC) and the Circuit Courts. Each court has distinct functions, jurisdiction, and…
Attorneys are Gatekeepers
A judge recently told my opposing counsel—right after sanctioning her and her clients for three years of frivolous litigation—that the courtroom is not a place for airing grievances, but for legal causes of action. The lesson for this attorney, and…
Statement: Davis v. Cisneros, 1:21-cv-565-RP (W.D. Tex. Sept. 23, 2024)
In a massive victory for free speech over lawfare, and after a two-week trial, a jury in Western District of Texas has fully vindicated Mr. Greaves’s clients, and the rest of the defendants, sued because of their public support for President…
Can an Agency Ignore Circuit Court Precedence in a Rulemaking?
In the era of the Administrative State, it might seem that federal agencies have the power to create, expand, or amend any laws that they’d like. This, however, ignores the foundational principles of the separation of powers inherent in the…
What is Default Judgement?
Obtaining a default judgment in federal court is a procedural mechanism that can expedite the resolution of a case when the defendant fails to respond or defend against the plaintiff’s allegations. It is important to understand the circumstances under which…
How to Utilize FOIA
The Freedom of Information Act (FOIA) was passed in 1966, empowering the public to access government records. The purpose is to ensure transparency and accountability within the government. It has become a vital tool for journalists, researchers, activists, and ordinary…