Insights & News

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 […]

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 […]

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 […]

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 […]