Recent Articles

Inequitable Treatment in Severance Packages May Lead to a Discrimination Claim

Malik Cutlar
March 21, 2012 16:17

Although not contractually required to do so, many employers offer their management-level employees a severance package in the event of a reduction-in-force or some other non-disciplinary event which requires an employer to terminate a relationship with a managerial employee. The terms and...

Use of Misappropriated Trade Secret Not Required For a Trade Secrets Act Violation

Malik Cutlar
January 31, 2012 19:54

If an employee misappropriates their current or former employer’s proprietary information, and discloses such information to its new employer and/or any other unauthorized person(s), that is enough to establish a violation under the Virginia Uniform Trade Secrets Act (“VUTSA”) so...

Tips for Saving Money on Initial Patent and Trademark Services

January 18, 2012 17:30

It is clear that the economic downturn has lessened the appetite for companies to spend money on anything not perceived as a “necessary business expense.” The importance of intellectual property (IP) rights in a 21st century, knowledge economy, however, dictates that individual...

Non-Compete Ruled Unenforceable by Virginia Circuit Court

Malik Cutlar
January 11, 2012 15:46

For several years now, many practitioners that advise and/or draft non-competes for their business clients have stopped including language in non-compete provisions which prohibit a former employee from being an “owner” or “shareholder” in a competing business. Virginia...

Virginia State Court: Contractor Can Pursue Assets of Subcontractor's Owner

Angela France
January 01, 2012 19:41

After a less-than-satisfactory boiler improvement job done by a subcontractor, a Henrico County Circuit Court judge allowed the prime contractor to pierce the corporate veil and reach the personal assets of the subcontractor’s owner for damages related to this job. In this case, the Court...

Fairfax County Circuit Court Awards Damages To IT Government Contractor In Non-Compete Case Against Subcontractor

December 29, 2011 22:23

A Fairfax County Circuit Court judge awarded a Virginia information technology government contractor $172,395 in damages in a non-compete case against a former subcontractor. The court determined that the defendant subcontractor breached the covenant not-to-compete provision in its consulting...

Eastern District of Virginia Court Permanently Enjoins Verizon's VOD Service

Malik Cutlar
November 28, 2011 21:18

An Eastern District of Virginia Court has permanently enjoined Verizon from infringing upon patents of a California-based Company, ActiveVideo Networks, Inc. (“ActiveVideo”), including two patents which will have a direct impact upon Verizon’s ability to offer its popular Video on...

EMPLOYEE ALLOWED TO GO FORWARD WITH SEXUAL HARASSMENT & RETALIATION CLAIMS

Malik Cutlar
September 26, 2011 20:44

The Fourth Circuit Court of Appeals allowed a former city employee’s sexual harassment and retaliation claims to proceed to trial by reversing a lower court ruling which granted summary judgment in favor of the employer. Plaintiff Katrina Okoli, formerly an executive assistant for John P....

Fairfax County Circuit Court Awards Damages To IT Government Contractor In Non-Compete Case Against Subcontractor

August 29, 2011 22:23

A Fairfax County Circuit Court judge awarded a Virginia information technology government contractor $172,395 in damages in a non-compete case against a former subcontractor. The court determined that the defendant subcontractor breached the covenant not-to-compete provision in its consulting...

Virginia State Court: Contractor Can Pursue Assets of Subcontractor's Owner

Angela France
August 19, 2011 19:41

After a less-than-satisfactory boiler improvement job done by a subcontractor, a Henrico County Circuit Court judge allowed the prime contractor to pierce the corporate veil and reach the personal assets of the subcontractor’s owner for damages related to this job. In this case, the Court...