Law Firm Resources & News

TENNESSEE NURSING HOME CNA WITH CRIMES 150 150 Dan Frith

TENNESSEE NURSING HOME CNA WITH CRIMES

Here is an upsetting story! Joyce Stanley, 37, of Madisonville (TN) has been charged with willful and physical abuse after reportedly hitting a blind 74 year old nursing home resident with a clipboard and an incontinence pad, as well as pulling her hair and slapping her. Stanley was a certified nursing assistant at Etowah Health…

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BROKER MIGRATION AND NONCOMPETES: CHAPTER II 150 150 Dan Frith

BROKER MIGRATION AND NONCOMPETES: CHAPTER II

Yesterday we talked about broker migration and the application of the Protocol for Broker Recruiting. Today, I will address how the courts have looked at this issue when faced with litigation between an ex-employer/brokerage company and the ex-employee/broker. Litigation associated with broker migration usually arises in one of two situations:(1) A signatory firm sues a…

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BROKER MIGRATION AND NONCOMPETES 150 150 Dan Frith

BROKER MIGRATION AND NONCOMPETES

Stock brokerage companies have long sought to impose restrictions on their financial advisors to prevent them from resigning to join competing firms, taking client lists, and then soliciting the clients they had serviced while at the prior firm. Typically, the firms did this by requiring their employees to sign restrictive covenant agreements containing confidentiality and…

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PRECRIPTION DRUGS – I told you so! 150 150 Lauren Ellerman

PRECRIPTION DRUGS – I told you so!

I know, who wants to read the blog of a bragger… But it’s true. We warned you! We told you that folks needed to be extra diligent when it came to their medication. MSNBC Health is reporting today “When It Comes to Prescription Drugs, Get Smart” A well-informed consumer will be a healthy one, tooBy…

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EVEN BIG GUNS HAVE EMPLOYMENT CONTRACTS 150 150 Lauren Ellerman

EVEN BIG GUNS HAVE EMPLOYMENT CONTRACTS

In yesterday’s online Washington Post was an interesting article about Apple ‘s iPod Chief who recently left Apple. The article by Robert Andrews, published on macoNews.net discusses Tony Fadell, SVP of Apple’s iPod division departure from Apple. “He is leaving for personal reasons and will be replaced this month by IBM microprocessor technology development VP…

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HOME HEALTH NURSES 150 150 Dan Frith

HOME HEALTH NURSES

I recently spoke with a lady on the telephone who was complaining her aunt had received neglectful care from a home health nurse and suffered severe injuries as a result. The caller concluded that “it is a shame she wasn’t in a nursing home…because now no one can be held responsible.” For whatever reason, many…

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ASSISTED LIVING FACILITES IN SOUTHWEST VIRGINIA 150 150 Dan Frith

ASSISTED LIVING FACILITES IN SOUTHWEST VIRGINIA

We get asked all the time, “what is the difference between a nursing home and an assisted living facility? The answer might surprise you. Nursing homes are highly regulated by federal law and must have around the clock trained nursing care. An assisted living facility (often called an ALF) can be nothing more than a…

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NURSING HOMES: WHAT IS ABUSE AND NEGLECT? 150 150 Dan Frith

NURSING HOMES: WHAT IS ABUSE AND NEGLECT?

Federal law provides that all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This entitlement includes freedom from neglect and abuse. But what is the difference between “abuse” and “neglect?” Neglect is the failure to care…

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CLASS ACTION LAWSUIT AGAINST NURSING HOME 150 150 Lauren Ellerman

CLASS ACTION LAWSUIT AGAINST NURSING HOME

I have received calls before, where potential clients ask if they can join a class action suit against a nursing home. I often explain that we evaluate every case on its merits and don’t file federal class action claims, etc. BUT it looks like a few chain facilities are faced with both individual suits alleging…

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MERRILL LYNCH EMPLOYEES RETENTION PACKAGE 150 150 Dan Frith

MERRILL LYNCH EMPLOYEES RETENTION PACKAGE

Times are tough in America…as evidenced by the demise of some of our largest financial institutions. In addition to the failures of corporate America, employees are being forced into signing unfair and over broad noncompete agreements. For example, take the retention agreement offered by Bank of America as a part of its purchase of Merrill…

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WHY DOES YOUR EMPLOYMENT CONTRACT HAVE AN ARBITRATION CLAUSE 150 150 Lauren Ellerman

WHY DOES YOUR EMPLOYMENT CONTRACT HAVE AN ARBITRATION CLAUSE

I doubt anyone has ever read the contract when purchasing a cell phone. If you have read your cell phone contract, you know there is an arbitration clause in the agreement which states that if you have any legal right against the cell phone company, you waive your right to sue them in state or…

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IMPORTANCE OF INSURANCE REFLECTED LOCALLY 150 150 Lauren Ellerman

IMPORTANCE OF INSURANCE REFLECTED LOCALLY

This week I wrote about the importance of insurance. In our small City, Roanoke, there is a coalition for responsible health care trying to protect the public from increased health care prices set by a large local hospital system. In today’s paper is an article on the Coaltion. Roanoke Times reporter Sarah Bruyn Jones writes…

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