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Supreme Court Limits Employer Liability for Supervisor Actions
Since 1998, it has been held that an employer is liable for workplace harassment by an employee who is a supervisor. However, the question that remained unclear until now was who exactly qualifies as a “supervisor?”
In a recent decision, …
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Waiting Until the Discovery Phase to Add Additional Defendants Can Be a Wise Strategy When Crucial Facts Have Yet to be Uncovered
A business conspiracy claim may allow a plaintiff to rope in additional defendants who may not have done every unlawful act themselves, but due to that defendant conspiring with others, he may be held accountable for actions taken by the …
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Former Employee Didn’t Show “Substantial Impairment” for Insufficient Sleep Disability, and Her Retaliation Claim was Defeated by the Former Employer’s Legitimate Reason for Termination
In a recent Fourth Circuit case, the court decided against a former employee because the employer provided a legitimate reason for firing the employee, and the employer’s actions and statements regarding the reasons for firing her remained consistent.
Victoria Anderson …
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Written Demands by Shareholders Prior To Filing Derivative Actions Must Meet Certain Requirements, a Recent Case Explained
Virginia Code § 13.1-672.1(B)(1) contains a written demand requirement before a shareholder is able to file a derivative action on behalf of a corporation. Under Virginia law, a shareholder has no standing to maintain a derivative suit unless he first …
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A Virginia Court Discusses That the Existence Of Discretion Implicates An Implied Duty Of Good Faith And Fair Dealing In Contacts
Virginia courts consistently recognize an implied duty of good faith and fair dealing in common law contracts. Â In a recent case in the U.S. District Court for the Eastern District of Virginia, the court held that plaintiffs had sufficiently …
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“Too Sexy?” “Too Heavy?” Will Employee Appearance Standards be Protected?
Most employers understand that it is illegal to discriminate against someone due to their race, gender, or age in employment decisions. Recent news is now questioning whether it is acceptable to discriminate against existing or potential employees based on their …
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Business Breakups
The Russian author Leo Tolstoy famously said in his novel Anna Karenina that “Happy families are all alike; every unhappy family is unhappy in its own way.” While Tolstoy was writing about 19th century Russia, this quote is equally prescient… -
A Law Firm’s Role in the New Economic Reality
The new economic reality that is struggling to emerge from the recent “Great Recession” is forcing industries across the United States to rethink their business models. This process includes taking a hard look at how they are using outside counsel …
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Small Business Contracting Update 2013
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Careful Contract Drafting is Crucial when Intellectual Property is Involved
Companies providing services to clients and the clients themselves should pay close attention to language in the contract for services, particularly when the services involve the production of intellectual property by the company, such as software, plans, drawings, designs or …
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.