-
Three Bad Acts Do Not a Conspiracy Make
The U.S. District Court for the Western District of Virginia, in Schlegel v. Bank of America, rejected a Virginia business conspiracy claim because “but for” allegations are insufficient to prove a conspiracy. In Schlegel, the plaintiff alleged that one of …
-
Spammer to the Slammer – Unfair Business of Spamming Results in Jail Sentence
This post was based on the Virginia Supreme Court’s opinion rendered February 29, 2008. That opinion was subsequently withdrawn and a new opinion was issued on September 12, 2008. The post below was edited to remove the link to the …
-
Virginia Business Conspiracy Claim Dismissed Because Alleged Injury was to Individual’s Employment Interests and Not to Business Interests
The U.S. District Court for the Eastern District of Virginia dismissed a Virginia statutory business conspiracy claim, holding that the plaintiff’s alleged harm of losing his job is a “personal right as opposed to a business interest.” And, damages to …
-
Private Regulation of Business Competition Through State Statutes and Common Law Theories
The news lately is peppered by the federal governments’ (lack of?) regulation of businesses, but how do state statutes and the common law regulate businesses? That is the question addressed in the article The Use of State Statutes and Common …
-
Maryland Court Finds No Duty to Mitigate Damages When An Enforceable Liquidated Damages Provision Exists
If you are a parent with a child in daycare, like me, or private school, you know all too well the difficult choice of selecting the perfect provider. Many providers require you to pay a substantial deposit to secure your …
-
When is a Breach of Contract an Unfair Business Practice – Virginia
Courts in many jurisdictions work hard to prevent parties from turning every breach of contract, no matter how egregious, into a tort claim. Plaintiffs often want to add tort claims because they may be able to recover additional compensatory damages …
-
Where is the Proof?
Yes, it is exciting to build a case using electronic documents, such as user-files (e.g. word processing programs) and electronically transmitted communications (e.g. e-mails). Few, if any, discovery issues in the last decade has spawned more opinions, articles and committee …
-
What is an Unfair Business Practice?
There are no set guidelines explaining everything that could constitute an unfair business practice. Certainly, people agree that some actions, such as fraud, qualify. But, agreeing that an abstract term like “fraud” is wrong is markedly different than agreeing that …
-
United States Supreme Court Weighs Whether Courts or Arbitration Panels Should Decide Whether Employment Agreements Are Subject To Arbitration
A case with significant implications affecting the enforcement of arbitration provisions in employment agreements is currently being weighed by the U.S. Supreme Court.
The United States Supreme Court recently held oral arguments in Rent-A-Center West, Inc. v. Jackson, No. 09-497 …
-
Choice of Law Provisions May Allow Virginia Courts to “Blue Pencil” Non-Competition Agreements
A ruling by a federal district court judge in the United States District Court for the Eastern District of Virginia may provide a basis to “blue pencil” noncompetition agreements in Virginia. ”Blue penciling” allows a judge to modify an overly-broad …
Protorae Business Briefs
Providing insight on legal issues impacting businesses, our blog focuses on Corporate & Business Entities, Government Contracts, Employment Law, Intellectual Property and Technology Law, Business Litigation, Real Estate and Land Use, Trusts and Estates and Tax Law to help you navigate the business world.