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Reliance Damages for Breach of Contract

Business and Commercial Disputes By Harvey Binnall PLLC - 2020/10/16 at 11:06am

Experienced Alexandria Business Dispute Attorney If you were involved in a contract with another party (who ultimately breached said contract), then you may have a right to sue and recover damages as compensation for the various losses suffered. Damages in breach of contract cases can vary quite substantially, however, depending on the circumstances.  In some cases, future profits are accessible, while in others, the damages account for the losses incurred in anticipation or preparation for the contract (reliance damages). Reliance damages are a crucial issue in many breach of contract disputes. Let’s take a closer look at how reliance damages […]

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Immaterial Breaches Are Not Punishable By Law

Business and Commercial Disputes By Harvey Binnall PLLC - 2020/09/30 at 05:01pm

Experienced Business Dispute Lawyer in Alexandria, VA Breach of contract disputes are highly fact-specific, and so it can be somewhat difficult for parties involved in the dispute to fully understand how the conflict is going to play out should the case go to trial. For first-time litigants, one confusing issue is that of materiality — whether the breach was material or immaterial.  Only a material breach can give rise to liability.  An immaterial breach cannot give rise to liability. It is therefore in the plaintiff’s best interest to establish that the breach of contract at-issue was material.  By contrast, is […]

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The Ramifications of an Unfavorable Title IX Result for the Accused

Title IX By Harvey Binnall PLLC - 2020/09/16 at 04:58pm

Experienced Title IX Defense Attorney If you are a student who has been accused of sexual misconduct pursuant to Title IX, then chances are that you’re feeling overwhelmed and anxious about what the accusation could mean for your future.  Though the Title IX process is not a civil or criminal matter — it is handled by the educational institution and the consequences are institutional in nature — there are potentially serious ramifications. Let’s take a closer look. Expulsion and Related Institutional Punishments The university may punish the student with a suspension (or even expulsion from a specific academic program, or […]

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How the New Title IX Rules Will Impact the Definition of Sexual Harassment

Title IX By Harvey Binnall PLLC - 2020/08/31 at 12:53pm

Title IX sexual misconduct and harassment claims have come under substantial scrutiny over the past decade, with various attempts to impose clear and reasonable guidance for educational institutions to enforce said claims.  On August 14, 2020, new rules came into effect that will alter the enforcement of Title IX sexual harassment claims significantly. At a glance, the new Title IX rules for sexual harassment give greater protection to the accused, who have — since the Obama-era rules changes — been subjected to many disadvantages in Title IX proceedings. Though it is not clear how these will be precisely implemented “in […]

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