Virginia courts consistently recognize an implied duty of good faith and fair dealing in common law contracts.  In a recent case in the U.S. District Court for the Eastern District of Virginia, the court held that plaintiffs had sufficiently …

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 …

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 …

Recently in the case of 21st Century Systems, Inc. v. Perot Systems Government Services, Inc. (“Perot Sytems”) (available here), the Virginia Supreme Court overturned a multi-million dollar goodwill damages award.  On appeal, the Virginia Supreme Court …

In Russell Realty Associates, et al. v. C. Edward Russell, Jr., the Supreme Court of Virginia upheld a trial court’s order that dissolved a partnership due to discord between the partners which “frustrated the economic purpose” of the partnership …

A noncompete entered into as part of a settlement agreement to end litigation between an employer and former employee receives more latitude than a traditional noncompete signed before or during the employment period.

In a recent case, Plaintiff McClain …

A recent opinion out of the Eastern District of Virginia states that “unusual circumstances” must be shown to grant a party expedited discovery.  And the court adopted two prongs of the prior test for granting a preliminary injunction to determine …