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Lauren Ellerman

Beware of Hidden Terms in Virginia Nursing Home Contracts
Beware of Hidden Terms in Virginia Nursing Home Contracts 150 150 Lauren Ellerman

Do you know what your cell phone contract says? Or did you just hit the button that says agree? I have no idea what mine says. Admittedly I skimmed it. I didn’t read every word and I frankly don’t care what it says. I want the use of the phone.…

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The Duty of Loyalty You Owe Your Employer
The Duty of Loyalty You Owe Your Employer 150 150 Lauren Ellerman

This week, I sent an email that read something like this: If you do you what propose to do, i.e., start a company on the side and bid for the same contract your current employer is bidding on, while still an employee of the company, you will be in big…

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‘Tis the Season for Nursing Home Accidents
‘Tis the Season for Nursing Home Accidents 150 150 Lauren Ellerman

Many Virginia families are justifiably shocked when a loved one is injured so quickly after admission to a nursing home or assisted living facility. We have seen too many cases where someone has been admitted to a facility only to be killed or transferred out within days of admission. Such…

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Virginia Doctors and Employment Agreements
Virginia Doctors and Employment Agreements 150 150 Lauren Ellerman

Is medical school fun? Easy? Inexpensive? My friends tell me the answer to all three questions is no, no, and no. So why do so many doctors willingly give up their legal rights to practice medicine by signing non-compete agreements? Sadly, many physicians sign such restrictive contracts without realizing the future…

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The Choice of Law Provision in Your Contract Matters (A Lot)
The Choice of Law Provision in Your Contract Matters (A Lot) 150 150 Lauren Ellerman

Often, a very well-meaning client will send me an out-of-state case he or she has found online. Upon first glance, the facts, industry and issues in the lawsuit seem to parallel their own employment contract situation. The language of  the contract at issue in the case might be very similar to…

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Virginia Right-to-Work Law Does Not Mean “Right to Ignore Non-Compete Contract”
Virginia Right-to-Work Law Does Not Mean “Right to Ignore Non-Compete Contract” 150 150 Lauren Ellerman

I love a good explanation. When I was a kid, my explanations for why I did or didn’t do something were pretty elaborate and creative. My brother was often my excuse – “Brett asked me to do it.” Or, even better “Brett said I could,” as if my twin was the…

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Overmedicating Virginia Nursing Home Residents
Overmedicating Virginia Nursing Home Residents 150 150 Lauren Ellerman

We hear it too often: “When I got there, she didn’t even recognize us she was on so much medication.” “She almost fell out of the wheelchair she was so overmedicated.” “She hasn’t eaten in days because she is on so much medication she barely wakes up.” Overmedicating Virginia nursing…

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Why Trade Secrets Matter to Virginia Companies
Why Trade Secrets Matter to Virginia Companies 150 150 Lauren Ellerman

Do you know the recipe for Coca-Cola? What about the exact formula of chemicals used to create Kevlar body armor? How about the client list of Wells Fargo’s commercial division? I doubt you can answer yes to any of the above. I don’t have access to such proprietary information – because…

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Difference Between a Non-Solicitation Agreement and Non-Compete Agreement in Virginia
Difference Between a Non-Solicitation Agreement and Non-Compete Agreement in Virginia 150 150 Lauren Ellerman

I am reading about a case out of the Eastern District of Virginia Federal Court. (The ED is all of Northern Virginia and Eastern Virginia). There’s nothing simple about federal commercial litigation, but allow me to describe the case: Company A and Company B sign a contract. They agree company…

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Nursing Home Industry Blames Families that Stand Up for Loved Ones
Nursing Home Industry Blames Families that Stand Up for Loved Ones 150 150 Lauren Ellerman

We subscribe to the  Journal of the American Medical Directors Association, a national publication for nursing home professionals. In this month’s issue, there is a fascinating and somewhat infuriating article on “conflicted surrogate syndrome,” a condition supposedly suffered by the families of nursing home patients. The article defines the syndrome as “unwarranted, irrational…

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