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Category: Litigation

How a Settlement Can Lead to a Win-Win Outcome

Business and Commercial DisputesLitigation By Harvey Binnall PLLC - 2018/06/22 at 12:23pm

If you are involved in the early-goings of a business dispute, then chances are that you’ve considered the possibility of a settlement (i.e., a negotiated compromise where both parties agree to an end to the dispute and to further litigation).  Despite the fact that the majority of cases end in a settlement, they are only vaguely understood by most people.  As such, plaintiffs may not realize the point of settlement and the benefits in engaging in negotiations in order to reach a settlement compromise. According to a study conducted by Cornell Law School researchers, aggregate settlement rates ran as high […]

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Availability of Lost Profits in a Breach of Contract Lawsuit

Business and Commercial DisputesLitigation By Harvey Binnall PLLC - 2018/06/08 at 12:01pm

In Virginia, and in most other states, those who have suffered losses in a contract dispute are entitled to sue the breaching party and not only recover damages that compensate them for losses that directly resulted from the breach at-issue, but may also be entitled to recover damages for lost profits. Depending on the nature of the breach, and the products or services involved, lost profits can form a substantial portion of the total damage recovery — as such, they frequently serve as a source of disagreement between the plaintiff and the defendant.  In order to successfully recover lost profits […]

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Restrictive Covenants and Blue Pencils: A Shifting Landscape

Business and Commercial DisputesLitigation By Harvey Binnall PLLC - 2018/05/07 at 04:29pm

Many employment contracts contain restrictive covenants designed to govern what a person may – or, most often, may not – do after they leave a company. Traditionally these non-compete restrictions were used mostly with senior executives, sales people who possessed account lists, and key individuals with access to confidential trade secrets and proprietary designs or processes. But as companies widen the use of these restriction-laden employment agreements to include middle managers and even office or manufacturing staff who possess no truly confidential information, courts in various jurisdictions have wither modified such clauses or thrown them out entirely. In some states […]

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Alternative Dispute Resolution (ADR) – Litigation or Arbitration

Alternative Dispute ResolutionLitigation By Harvey Binnall PLLC - 2018/01/09 at 09:25am

One of the most important decisions that a party faces in drafting a new contract is how to settle any disputes that arise under the contract. More and more, parties are deciding to include arbitration provisions in agreements as the chosen method for deciding such disputes. Courts generally give these provisions great weight and will not hesitate to enforce them. There are a number of advantages to choosing arbitration over litigation at the onset of litigation. For instance, arbitration is often less expensive than full-blown litigation and it allows for a certain amount of customization in the dispute resolution process. […]

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ADR, arbitration, contracts, litigation