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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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How the Yates Memo Has Changed Government Investigations Into Corporate Misconduct

White Collar Criminal Defense By Binnall Law Group - 2018/05/31 at 08:59am

On September 15, 2015, the Yates Memorandum (“Yates Memo”) was issued by the Department of Justice (DOJ), signaling a sea-change in government policy towards investigation and prosecution of corporate fraud.  Specifically, the Yates Memo was intended to push individual accountability as a guiding policy moving forward — many industry observers noted that the Yates Memo was something of a reaction to widespread, negative public sentiment surrounding the failure of government prosecutors to punish individual wrongdoers in the wake of the 2008 financial crisis. This new emphasis on individual accountability has had a substantial impact on how corporations (and their potentially […]

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Medical Necessity Conflicts Can Lead to a Medicare Abuse Investigation

White Collar Criminal Defense By Binnall Law Group - 2018/05/24 at 08:46am

Healthcare professionals and organizations often struggle with adhering to the rather complicated, multi-pronged regulatory schemes that — together — establish Medicare fraud and abuse liability under the law.  Medicare abuse (in particular) has been a unique challenge for various healthcare professionals and entities, as the government is increasingly taking advantage of the “subjective” nature of Medicare abuse determinations and imposing civil and criminal penalties at their discretion. What is Medicare Abuse, Exactly? Medicare abuse is any practice — systemic or irregular — that imposes unnecessary and unjustified costs on the Medicare Program.  Though Medicare abuse is generally less severe of […]

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Bank Fraud Requires an Intent to Defraud

White Collar Criminal Defense By Binnall Law Group - 2018/05/17 at 08:40am

If you have been charged with bank fraud, you may be feeling somewhat overwhelmed — after all, despite the fact that bank fraud is defined as a white collar crime, conviction carries significant criminal and civil penalties.  In fact, the federal bank fraud statute outlines penalties of up to $1M in fines and up to 30 years imprisonment.  Given the high-stakes nature of such litigation, it’s important that you get in touch with a team of qualified criminal defense attorneys as soon as possible. Here at Binnall Law Group, PLLC, our attorneys understand the unique texture of white collar criminal […]

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