Our firm’s business attorneys work with businesses of all sizes to protect and enforce their legal rights. Generally, under Virginia law, a business or a business owner cannot represent the business in Court without a legal representative, except for the limited circumstances identified in Virginia Code § 16.1-81.1. certain corporations; pro se representation. As a result, it is incumbent on the business to obtain an attorney to represent it in litigation. If the business owner or business proceeds to attempt to represent itself, these actions will be seen as void with no legal effect before the Court. Consequently, the business may suffer a default or lose its claim if the statute of limitations has expired in the case of lawsuits and disputes.

Does Your Business Have Insurance?

A big mistake business owners make is not to report to their insurance carrier.

Employment litigation includes issues such as wrongful termination for discrimination (Title VII claims), termination in violation of public policy, hostile work environment, violations of the Family Medical Leave Act (“FMLA”), Americans with Disabilities Act (“ADA”), and violations of the Fair Labor Standards Act (“FLSA”). Our firm’s employment lawyers are experienced in handling claims on behalf of the employer and the employee. Many of these claims require that the employee follow grievance procedures with strict statute of limitations guidelines before bringing a lawsuit.

Employment Procedures and Timelines

The employee and the employer must understand these procedures and the timelines for reporting a claim or following lawsuits and disputes to protect and enforce their legal rights. In addition, many states, including Virginia, have state-based protections in place that can impact these procedures and the timeline to file claims. Therefore, it is crucial that parties involved in employment litigation speak with a skilled and experienced Virginia employment lawyer to determine their legal rights.

The employment lawyers of McClanahan Powers work with employees who have matters with the Office of Employee Appeals (“OEA”) in the District of Columbia. The OEA is a specialized system available to employees in the District of Columbia who work for the District of Columbia. Much like the protections afforded to individuals in the federal system, the OEA provides employees with resources and additional protections not otherwise available to non-qualifying employees.

This system is well built with a very effective internal system consisting of administrative judges and internal appeal processes. However, the timing to file an action in this system is extremely short. You may have 30 days or less to file to properly avail yourself of the system and protections. Our attorneys have handled cases in the Office of Employee Appeals and appeals from the OEA to the D.C. Superior Court.

As an employee, you need to take steps to protect and enforce your legal rights. There is a lot to know in this process, and it cannot be apparent to navigate. Experienced counsel can alleviate those burdens and assist you in bringing a successful claim. Don’t wait! If you believe you have a case, have been wrongfully terminated, reprimanded, or had an adverse employment action as a D.C. agency employee, call the D.C. employment lawyers at McClanahan Powers.

There are many moving pieces on the typical construction site. Inevitably, this fast-paced environment leads to mistakes or delays. In light of the necessity to allocate risk for these occurrences, it is essential to consult an experienced Virginia construction lawyer. The allocation of risk is best addressed in a written contract between the parties. An effective construction contract should address such issues as change orders, dispute resolution procedures, claim procedures, payment terms, site conditions, notice, and damages for delays. For example, a construction contract typically requires change orders to be approved in writing before the performance of the work. Therefore, it is essential to be aware of all contractual provisions before a contractor invests additional time and money on the project. Avoid future lawsuits and disputes.

A Department of Labor (“DOL”) investigation from the wage and hour division can be terrible and devastating to some businesses. Although DOL investigations can occur from random selection, they are more frequently a result of a current or past employee complaint. They are becoming even more common due to the strict compliance guidelines set forth by the wage and hour division. Suppose the DOL investigation turns up problems in your personnel files, payroll methodology, or employee payments. It can completely cripple or bankrupt a business. If the DOL investigator discovers issues, the business employer can be responsible for back wages going back two or three years and liquidated damages for money owed, meaning double the amount owed. Our employment and labor attorneys work with clients before and after the DOL investigation. Before the DOL investigation, we work with the business employer to prepare for and prevent liability exposure. In pursuit of this goal, we will arrange a bi-annual or annual employment audit of the business to ensure that it remains compliant with current DOL guidelines.

Mitigating Damage and Working with the Department of Labor (DOL)

After the DOL investigation has commenced, we work with employers to dispute liability, mitigate damage, negotiate with the Department of Labor investigator, and assist in DOL compliance as necessary. If not appropriately addressed, these can be costly problems, and preparation and experience are equivalent to handling a DOL investigation. Therefore, we strongly encourage businesses to involve experienced employment or labor law attorney at an early stage in the investigation, as problems and issues that were not addressed early on can lead to significant future problems that the DOL investigator may uncover before lawsuits and disputes arise.

Occasionally lawsuits and disputes arise regarding a breach of fiduciary duty. A typical example of this is when the fiduciary violates their duty of loyalty to the assets or rights of another party by “self-dealing.” An example of a breach of fiduciary duty is when a corporate director or a corporation or manager of a limited liability company keeps business opportunities for themselves instead of providing them to the company. This self-dealing is a breach of fiduciary duty to the company, its members, or shareholders, as applicable. Fiduciary litigation can be highly complex and factually intensive, as you scrutinize the fiduciary’s specific decisions or actions.

Attorneys at the firm protect clients’ trademarks in actions before the Trademark Trial and Appeal Board. The TTAB is an administrative board that handles adversary proceedings involving trademarks. This includes oppositions during registration, where a party opposes the registration of a mark after notice has been published in the Official Gazette. The TTAB also hears matters involving:

• Cancellations of existing trademarks
• Trademark interference and concurrent use issues
• Appeals

If you have received a notice of opposition or notice concerning another action before the TTAB, it is essential to respond. Ignoring an opposition or other action can put your trademark in jeopardy. Hearings before the TTAB are similar to a trial and follow the civil rules of procedure. You risk losing your trademark and your registration fee.

McClanahan Powers is conveniently located less than 18 miles away from the United States Patent and Trademark Office (USPTO), the government agency that handles federal trademark issues. In addition, if the online filing system is temporarily down, we can file in person. Consequently, should this matter go to an appeal, not only is McClanahan Powers located near both Courts, but our attorneys are already licensed in both Courts.