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Understanding Express Affirmative Consent

Title IX By Binnall Law Group - 2021/07/30 at 01:20pm

Have you been accused of sexual misconduct under Title IX?  If so, you may be feeling a variety of emotions, including confusion and anxiety, about the claims being made against you — especially if you believed at the time that the accuser had actually consented to the sexual conduct at issue. However, if you find yourself in this situation, let our Title IX defense lawyer help you fight the allegations. Many colleges and universities have revised their Title IX rules to require “express affirmative consent” for any type of sexual activity. However, introducing express affirmative consent rules can result in […]

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Contract Disputes: Dealing With Enforceability and Unequal Bargaining Power

Business and Commercial DisputesLitigation By Binnall Law Group - 2021/07/23 at 10:08am

“Contracts, like hearts, are meant to be broken,” according to famous businessman Ray Kroc who helped make McDonald’s what it is today. While some in the business world may believe that, the reality is certainly to the contrary. At Binnall Law Group, each Alexandria business dispute attorney at our firm knows that contract disputes arise all the time over any number of issues. For example, if you are a party in a dispute that involves unequal bargaining power concerns, there’s a good chance that the court will find that the underlying contract was unconscionable and, therefore, unenforceable. Still, based on […]

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Title IX Issues: Having a Drunken Good Time Can Affect You in More Ways Than One

Title IX By Binnall Law Group - 2021/07/16 at 04:43pm

Many college students know and understand the importance of obtaining consent before participating in any type of sexual interaction with another individual. Still, on some level, some young adults may not grasp how consent really works, particularly when there is alcohol involved during a sexual encounter. That said, if you have been accused of a Title IX violation involving alcohol, we encourage you to seek legal guidance right away.    Incapacitated or Intoxicated: What’s the Difference? Incapacitation and intoxication are two very different things that can be a bit tricky to identify. For example, a certain level of intoxication could […]

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The NCAA is Not Subject to Title IX Discrimination

Title IX By Binnall Law Group - 2021/06/30 at 08:56pm

Work With an Experienced Title IX Attorney Though the NCAA is fundamentally associated with college athletics, the general public is mostly unaware that they are not always subject to the same regulations as member universities — for example, Title IX. On the surface, one might think that Title IX protects student-athletes from gender inequity and discrimination in the form of disparate programs, sexual assault, and more.  In reality, however, Title IX does not legally bind the NCAA. In fact, case decisions in the 1990s established a regulatory disconnect between the NCAA and Title IX, making it possible for the NCAA […]

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