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Defending Against Frivolous Business Litigation

Business and Commercial Disputes By Harvey Binnall PLLC - 2020/02/28 at 11:14am

Experienced Business Litigation Attorney in Alexandria, VA Have you been subjected to frivolous business litigation, whether brought by a competitor or a customer?  Though the process may seem overwhelming, it’s important to remain calm. Recognize that truly frivolous litigation is not likely to survive dismissal.  Even if the plaintiff has an actionable claim, if it is “weak” then you will be in a great position to negotiate a favorable settlement. Let’s take a closer look. Frivolous Lawsuits Do Not Survive Dismissal No matter the jurisdiction, frivolous claims are not actionable and can be dismissed.  These lawsuits may not have any […]

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Protecting Your Brand: Trade Dress Litigation

Business and Commercial Disputes By Harvey Binnall PLLC - 2020/02/21 at 11:11am

Experienced Business Litigation Attorney in Alexandria, VA Intellectual property rights are often associated with copyright, patents, and trademarks, but they are quite a bit broader than many realize — specifically, businesses may own valuable intellectual property in the form of “trade dress.” Trade dress protection extends to the aesthetic flair associated with a particular product, service, or business, and can be a distinct advantage in a competitive marketplace.  The visual identity of a product, service, or business may not only be attractive in and of itself (and therefore entice customers), but in a crowded industry, can also serve to distinguish […]

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Understanding Title IX Reverse Discrimination Claims

Title IX By Harvey Binnall PLLC - 2020/02/14 at 11:07am

Experienced Title IX Defense Attorneys In today’s social climate, Title IX proceedings are often biased against male students who have been accused of sexual misconduct.  When this bias undermines the fairness of the Title IX proceedings and thereby has an impact on the student’s rights to equally access educational resources, then an actionable Title IX “reverse discrimination” claim (brought on the basis of gender discrimination) may arise. If you’ve been accused of Title IX sexual misconduct and are currently being investigated on that basis (or have already “lost” the underlying Title IX case and have had penalties imposed as a […]

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The Burden of Proof in Title IX Cases

Title IX By Harvey Binnall PLLC - 2020/01/31 at 12:19pm

Experienced Title IX Defense Lawyer If you or a loved one has been accused of sexual assault or sexual harassment in the school setting (including private universities), then the internal proceedings may come under the ambit of Title IX.  Though Title IX was originally intended as a safeguard against discrimination, it has expanded over the decades to protect the victims of sexual misconduct, giving them access to an institutional process through which to punish the perpetrator-student. Depending on the school and the nature of the problematic action, the Title IX dispute may give rise to a wide range of penalties, […]

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