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Lauren Ellerman

WHO IS THIS?
WHO IS THIS? 150 150 Lauren Ellerman

QUESTION: Who is this lady? 1. She is your ex-employer’s IT department who was asked to examine your blackberry and laptop 10 minutes after you resigned and these items were returned. She is building a lawsuit against you for breach of contract and Trade Secret violations.2. She is your old…

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VIRGINIA VICTORY FOR EMPLOYEES IN NON-COMPETE
VIRGINIA VICTORY FOR EMPLOYEES IN NON-COMPETE 150 150 Lauren Ellerman

For many months now I have been closely following a case in the ED of VA Federal Court. Deltek v. IUVO, is essentially a case where employees left and started a competing business.Deltek, their ex- employer, came out swinging with trademark, breach of contract, tortious interference of contract claims etc.…

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RESEARCH YOUR DOCTOR
RESEARCH YOUR DOCTOR 150 150 Lauren Ellerman

I spoke to a lovely woman yesterday about a Medical Malpractice case. Her husband had gone through an unecessary surgery.While on the phone, I looked up the doctor in local Circuit Court records and learned he had been sued 6 times in the last 5 years.Now it is the result…

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FAILURE TO DIAGNOSE CANCER
FAILURE TO DIAGNOSE CANCER 150 150 Lauren Ellerman

Cancer is a terrible word, and an awful disease.Sometimes, Virginians are told by their doctors that they have caught the cancer early and that certain treatments should be considered to slow growth and hopefully, kill the cancer cells.But sadly, even with today’s technology, mistakes are made and cancer is not…

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TRENDS IN VIRGINIA NON-COMPETE LITIGATION
TRENDS IN VIRGINIA NON-COMPETE LITIGATION 150 150 Lauren Ellerman

We are seeing sad trends in Virginia businesses.1. New Non-compete for old employeesEmployees after years and years of service, are being asked across the board, to sign non-compete agreements and or more restrictive non-compete agreements.Often times HR directors are sending emails to all with the attached agreement, and telling employees…

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BEFORE YOU GET THAT CEASE AND DESIST LETTER FROM….
BEFORE YOU GET THAT CEASE AND DESIST LETTER FROM…. 150 150 Lauren Ellerman

Dear financial advisors – before you get that cease and desit letter from [INSERT NAME OF FINANCIAL HOUSE HERE], review your agreement and consider your exit actions.Are you in breach of your non-compete? Have you already contacted customers? Did your new job say they had to have your old client…

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FALLS IN VIRGINIA NURSING HOMES AND HOSPITALS
FALLS IN VIRGINIA NURSING HOMES AND HOSPITALS 150 150 Lauren Ellerman

How scary. You receive a call from Nurse Ratchet on the 3rd floor of the hospital because your brother fell out of the hospital bed… Or worse, fell in the bathroom and hit his head on the porcelain sink, rendering him unconscious.Perhaps the Director of Nursing at ABC Nursing Home…

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VIRGINIA LAW ON NON-COMPETES (Case by Case)
VIRGINIA LAW ON NON-COMPETES (Case by Case) 150 150 Lauren Ellerman

There is not a section of Virginia Code dedicated to employment agreements. Nor is there a litmus test which allows employees to determine whether or not the agreement they have signed is enforceable.The law in Virginia on the subject is found in common law or case law. This means, that…

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ELOPEMENT
ELOPEMENT 150 150 Lauren Ellerman

I have always wondered, is it harder to have your body and not your mind because of dementia, or would it be easier to suffer a broken body (MS, stroke, etc.) and have your cognitive function?There is no clear answer – both are equally devestating.Many of Virginia’s nursing home residents…

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NURSING HOME MISTAKES
NURSING HOME MISTAKES 150 150 Lauren Ellerman

When I was a child, my parents taught me to admit my mistakes, apologize if needed, and learn from my mistakes.We get calls about a hand full of Virginia nursing homes ALL THE TIME – clearly, the staff and or owners of these for profit facilities have not learned from…

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