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Lauren Ellerman

FROM BAD TO WORSE – ASSISTED LIVING TO NO ASSISTANCE
FROM BAD TO WORSE – ASSISTED LIVING TO NO ASSISTANCE 150 150 Lauren Ellerman

POP QUIZ:1. Your loved one lives in an assisted living facility in Virginia. That facility is:(a) a health care provider;(b) has a duty to provide medical care to your loved one;(c) none of the above.2. Your loved one’s facility sends you a letter that says they will provide the same…

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DO YOU HAVE A NON-COMPETE?
DO YOU HAVE A NON-COMPETE? 150 150 Lauren Ellerman

NON-COMPETES AND PROFESSIONALS
NON-COMPETES AND PROFESSIONALS 150 150 Lauren Ellerman

People call our office and say “I am not worried because I know my non-compete can’t be enforced.”Seriously? Where did you hear that? (I want to ask). Finally, I found the source of this terrible and incorrect rumor. The internet. I just read an article purporting to give legal advice…

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WHO IS TAKING CARE OF YOUR LOVED ONE?
WHO IS TAKING CARE OF YOUR LOVED ONE? 150 150 Lauren Ellerman

Who is taking care of your loved one in a Virginia Nursing Home?Well – other than the 20 minutes a month a physician will see them for Medicare/ Medicaid certifications, and the few minutes a day an RN will review their chart, they are being primarily cared for by CNAS…

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NON COMPETE SCAPEGOATS
NON COMPETE SCAPEGOATS 150 150 Lauren Ellerman

You know what a scape goat is?Sadly, most of our non-compete litigation cases arise when an employer wants to make an example, and someone becomes the non-compete scapegoat.Employers aggresively pursue breach of contract action against the employee, seeking emergency injunction.Will they win? Maybe, probably not. But that is not really…

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SEXUAL ASSAULT IN VIRGINIA NURSING HOME
SEXUAL ASSAULT IN VIRGINIA NURSING HOME 150 150 Lauren Ellerman

Friends, this happens frequently. Assisted Living and Nursing Home residents (mostly female but not exclusively) are victims of sexual assault.I know of cases where staff, other residents, visitors etc. take advantage of these elderly persons.In last week’s Virginia Lawyer’s weekly, our friend in Virginia beach Carlton Bennett obtained a great…

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FRITH LAW FIRM SETTLES LAWSUIT AGAINST VETERANS ADMINISTRATION
FRITH LAW FIRM SETTLES LAWSUIT AGAINST VETERANS ADMINISTRATION 150 150 Lauren Ellerman

We can all agree that the men and women of our armed forces deserve the very best in medical care upon returning home, can’t we?Everyone from our Vietnam vets, to those who are serving in Operation Iraqi freedom deserve care that is of the best quality. Sadly, if you read…

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FIDUCIARY DUTY – YES – BUT TO WHOM?
FIDUCIARY DUTY – YES – BUT TO WHOM? 150 150 Lauren Ellerman

Virginia Circuit Court Judge in Fairfax recently held that one member of an LLC could not sue the manager of the LLC for breach of fiduciary duty. The Supreme Court of Virginia agreed. Why was the case dismissed?Because the member did not have standing to bring suit.“Standing” is legal speak…

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ARE GENERIC DRUGS THE SAME?
ARE GENERIC DRUGS THE SAME? 150 150 Lauren Ellerman

I am blessed to be one of the many Americans with Health Insurance. My company sends me periodic magazines on general health issues.This month, An Article appeared called “Are Generic and Brand-Name Drugs Really the Same?” The answer according to the article is YES, they are the same…. oh wait,…

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REVENGE IS NOT ALWAYS THE ANSWER
REVENGE IS NOT ALWAYS THE ANSWER 150 150 Lauren Ellerman

I often get calls from people, upset, frantic about a threatening letter received from an ex-employer.The letter may say “We understand you are in breach of your non-compete. Cease immediately or we will seek and injunction against you in a Virginia court and ask for damages in the amount of…

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