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Tag Archives: Employment

Company President Firing Not SOX Violation (access required)

A former president of a company that manufactures security and surveillance equipment cannot establish that his alleged whistleblower activity some 20 months earlier, including reporting alleged export violations, were a contributing factor in his termination, in violation of the Sarbanes-Oxley ...

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TARP Limit on Exec Severance is ‘Taking’ (access required)

A former bank president is not barred from suing for severance pay under his 2008 contract by federal regulation restricting “golden parachute” payments to top executives of banks that accepted TARP financial assistance, as did defendant banks; the Norfolk Circuit ...

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Strategy looms large in noncompete arena (access required)

One of the most difficult and critical decisions lawyers must make is deciding who to sue. Though it’s arguably the first decision in any lawsuit, when it comes to suing to enforce restrictive covenants such as non-competition agreements, the choice ...

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Counting Doctor Visits for ‘Chronic’ Condition (access required)

A Harrisonburg U.S. District Court denies partial summary judgment to a plaintiff who alleges her mental health problems constituted a “chronic serious health condition” under the Family and Medical Leave Act. A “chronic serious health condition” under the FMLA is ...

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Company Fired for Hiring Competitor’s Employees (access required)

A company that sells medical equipment may sue a competitor that hired two of plaintiff’s former employees for tortious interference with contract and statutory business conspiracy; the Supreme Court of Virginia’s recent opinion in Dunlap v. Cottman Transmission Systems LLC ...

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