Harvey & Binnall Insight & News

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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…
When businesses are being investigated for white collar criminal activity, they generally make an attempt to control information leaks, to identify system failures that may have given rise to compliance issues, and to cooperate with certain employees in the organization who may have knowledge of the activities at-issue, whether direct or indirect.  If you are an employee at a business that is currently being investigated for white collar criminal activity, or has been charged…
Like most small businesses, government contractors are focused on keeping control over their expenses. And who doesn’t hate that one dreaded line item: legal? Well, who other than lawyers that is. Admittedly, this may be a counterintuitive point for a litigator to be raising. But the fact is, savvy companies wanting to secure government contracts realize they need to find creative ways to avoid the courthouse while increasing the chances of being a successful bidder.…
The law of “unintended consequences” – the actions of people and government have effects that are unanticipated – may well be on vividly harsh display shortly for Title IX. Among other things, the law requires schools, colleges and universities that receive federal funding to investigate claims of sexual harassment and assault against students. But depending on the outcome of a lawsuit currently on appeal in North Carolina, Title IX might end up being used to…