Robert Baumgertner's blog

In a competitive economy, businesses make strategic decisions regarding acquisition targets in merger and acquisition transactions based upon projected outcomes related to post-transaction operations. In order to make informed decisions, the acquirers must have accurate and verifiable data about the assets or entities involved in the transaction.

As a Fairfax, VA business litigation attorney, I’m occasionally approached by clients who are confused about the accrual of seniority-based benefits when they rehire a former employee who had previously departed for military service. The Uniformed Services Employment and Re-Employment Act of 1994 governs the rehiring of servicemen and servicewomen who are seeking re-employment with their former employees.

As a business attorney in Fairfax, Virginia, many of our clients are interested in knowing about their obligation to rehire a returning worker who was called away to war or other military service. The reality of business is that when an employee who is also a military reservist is called away for an extended period of time, it’s frequently necessary to fill his or her position on a temporary or permanent basis.

With the recent reduction of overseas operations in Iraq and Afghanistan, tens of thousands of servicemen and servicewomen are returning to the U.S.—many of them to northern Virginia. Consequently, some of our law firm’s business clients have concerns about the implications of the Uniformed Services Employment and Reemployment Rights Act of 1994.

Fairfax, VA is an area that’s heavily populated with military families. As many of the men and women who have served overseas are ending their terms of service, they will be seeking employment in and around Northern, VA. In some cases, reservists left their jobs when they were called up and are expecting to get the same positions back upon their return.

In the Commonwealth of Virginia, it’s not uncommon for corporations with fewer investors to draft shareholder agreements in addition to their constitutional documents. A shareholder agreement can further define the roles, responsibilities and financial rights of the shareholders of a company. Whereas in large corporations the free trade of stock shares is expected, this exchange of ownership rights may not be practical for company that was structured to be owned by a few individuals.

As Fairfax, VA business lawyers, our firm has assisted in the creation of multitudes of limited liability corporations (LLCs) for our clients. Whenever our attorneys advise new clients about the legal aspects of limited liability corporations, the importance of a well-drafted and detailed operating agreement is always emphasized.

The World Intellectual Property Organization (WIPO) defines intellectual property as “creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.” Businesses that own intellectual properties may decide to license their I.P.s to other businesses or individuals for a number of reasons:

As a Virginia business litigation firm, our attorneys are frequently asked by our clients about performing criminal background checks on employees and prospective hires. While not every position in every industry merits this level of scrutiny, our lawyers recommend this practice to our corporate clients in most cases.

In the past, if a prospective hire couldn’t produce a positive reference from his previous employer, there was little likelihood that he or she would be selected. After all, it’s reasonable for a business’s management to learn as much about a prospective hire before they commit to hiring him or her. A positive reference could assist an H.R. director or manager in making a selection between two close prospects—and so could a negative one. However, in Virginia, businesses may begin finding it increasingly difficult to obtain direct information from current or past employers.