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Category: Business and Commercial Disputes

How a Settlement Can Lead to a Win-Win Outcome

Business and Commercial DisputesLitigation By Binnall Law Group - 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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Non-Compete Agreements Are Generally Enforceable Under the Law

Business and Commercial Disputes By Binnall Law Group - 2018/06/15 at 12:15pm

Non-compete agreements have been the subject of controversy in recent decades, particularly in industries — such as the tech industry — where shorter periods of employment are common and freedom of movement between companies is expected.  In a number of states, new laws have been established that limit the enforcement of non-compete agreements and thereby circumscribe their original power. As non-compete agreements strike at the heart of one’s ability to earn a living, they tend to be a frequent source of contract disputes, in the D.C. metro area and elsewhere.  As an employer, you may find that (unless your non-compete […]

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Availability of Lost Profits in a Breach of Contract Lawsuit

Business and Commercial DisputesLitigation By Binnall Law Group - 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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When is an Unjust Enrichment Claim Relevant to a Commercial Dispute?

Business and Commercial Disputes By Binnall Law Group - 2018/05/10 at 08:35am

If you’re involved in a commercial dispute with one or more parties, you may be wondering about the potential damages recoverable for “unjust enrichment” and what it actually means for your case. What is unjust enrichment? Stated simply, unjust enrichment is a claim that is based on the idea that the defendant — the breaching party — has somehow gained an advantage by virtue of their conduct, and that this has led to a fundamentally unfair situation.  If the court were to allow the defendant to keep this advantage (usually in the form of obtained assets, financial or otherwise), then […]

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