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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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Is Your Trade Secret Legally Entitled to Protection?

Litigation By Harvey Binnall PLLC - 2020/01/17 at 12:07pm

Experienced Business Litigation Attorney in Alexandria, VA Many business owners are confused as to the legal protections granted to trade secrets, and whether their specific “secretive” information will be entitled to such protection.  Under the law, protected trade secrets may not be misappropriated by third-parties — should that happen, the business (that owns the trade secret) will have a right of action for damages. It’s important to recognize that a trade secret must meet the following criteria to entitle its owner to protection under the law: It must be economically advantageous; It must be confidential; and Reasonable efforts must have […]

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Bringing a Lawsuit for the Misappropriation of Trade Secrets

Litigation By Harvey Binnall PLLC - 2020/01/03 at 11:55am

Experienced Business Litigation Attorney in Alexandria, VA Businesses cannot always rely on patents or copyright to protect their intellectual property.  In some cases, information valuable to the company — perhaps even central to its business proposition — is kept shrouded in secrecy and protected.  Legally speaking, these protected secrets are referred to as “trade secrets.”  One popular example of a trade secret is the original Coca-Cola soda recipe.  If Coca-Cola did not exclusively control the recipe, then the value of their branded product would drop precipitously, as others could simply copy and reproduce their product. Fortunately, the law provides businesses […]

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Title IX Burden of Proof in the Wake of the 2011 “Dear Colleague Letter”

Title IX By Harvey Binnall PLLC - 2019/12/20 at 09:57pm

If you or a loved one has been accused of Title IX sexual misconduct, then this could lead to an investigation that could lead to significant negative ramifications — not only could there be academic penalties that include expulsion, but you could be forever-gained with the label of a sex offender in your community (despite your innocence) due to the loose standards and procedures typical of a Title IX dispute. For the most part, Title IX investigations did not lead to particularly egregious outcomes until 2011, when the Obama Administration released the “Dear Colleague Letter,” which served as new guidance […]

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