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Once again, the Court surprises me in a non-compete case 150 150 Lauren Ellerman

Once again, the Court surprises me in a non-compete case

I recently learned of a case out of Eastern Virginia  – Depuy Synthes Sales Inc. v. Jones – where employees of one medical device manufacturer (Depuy), left to join a competing company (Sky Surgical) and were quickly sued by their former employers. In the lawsuit, it was alleged the employees violated their contracts, (non-compete and non-solicitation…

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Wait Times in Hospital Emergency Departments 150 150 Dan Frith
  • Dan Frith

Wait Times in Hospital Emergency Departments

I bet many of those reading this post have experienced their local emergency room…and it probably was not a good experience.  Under-staffed and over-crowded emergency departments seem to be the norm, not the exception. I just found an interesting site on the Internet which lets you compare the average waiting times for emergency departments.  The site is called…

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Nursing Homes can be Bad for your Health 150 150 Dan Frith
  • Dan Frith

Nursing Homes can be Bad for your Health

Did you know that more than 1 out of every 5 (22%) Medicare beneficiaries experience lasting harm from their stay in a nursing home? Did you know that nearly two-thirds (59%) of the above “adverse events” were deemed preventable by physicians who reviewed the circumstances which lead to the residents’ harm? Did you know that…

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Health Wagon helping Southwest Virginia 150 150 Lauren Ellerman

Health Wagon helping Southwest Virginia

Last night I watched a wonderful and heart warming story about healthcare in Southwest Virginia. 60 minutes Health Wagon story– Watch it here. Doctors and nurse practitioners in our region giving free medical care to those who need it. Often these folks are the working poor, not eligible for Medicaid but unable to afford health…

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Trucking Accident on 1-77 / 1-81 Wythe County Virginia 150 150 Lauren Ellerman

Trucking Accident on 1-77 / 1-81 Wythe County Virginia

It is an all too familiar tale – 2 dead in tractor trailer incident in Wythe County Virginia.   Our local interstate system, specifically 1-81 and 1-77 are notorious for life altering and ending tractor trailer accidents. Two years ago our firm represented a man who was in terrible accident near the 1-77 / 1-81 interchange in…

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Patients in the Emergency Room: Who are they? 150 150 Lauren Ellerman

Patients in the Emergency Room: Who are they?

I recently read an article in the Roanoke Times written by Leana Wen, MD, an emergency physician at George Washington University in Washinton, DC.  The article was titled, “The 10 Types of ER Patients,” and it was not very complimentary of the individuals who rush to their local ER department due to a health concern. …

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The blessing and curse of technology 150 150 Lauren Ellerman

The blessing and curse of technology

By: Amit Patel I attended a most informative class last week, given by a computer forensic expert. This man is hired (often by attorneys) to examine phones, computers, and other devices, to search for electronic evidence in civil and criminal lawsuits. In one suit he may be looking for evidence of child porn to convict…

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The myths of tort reform and cap on damages 150 150 Lauren Ellerman

The myths of tort reform and cap on damages

  If it turns out, the manufacturer of an airplane makes a huge mistake in assembling and designing a plane, ignores all the warnings that problems exist, and a plane crash occurs killing hundreds, do you think it is morally wrong for the families to seek accountability against the company in Court? What if a drug…

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Cease and Desist, or don’t, either way I don’t care 150 150 Lauren Ellerman

Cease and Desist, or don’t, either way I don’t care

I am going to send a cease and desist letter to all major TV News outlets. The letter will be stern, on my firm’s letterhead, sent certified mail, use punctuation incorrectly, and ALL CAPS for emphasis. The letter will state the following: DEAR JOURNALIST – YOU ARE HEREBY COMMANDED TO CEASE AND DESIST FROM YELLING, RAISING…

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“narrowly tailored to protect a legitimate business interest”
“narrowly tailored to protect a legitimate business interest” Lauren Ellerman

“narrowly tailored to protect a legitimate business interest”

Question we are often asked: Is your non-compete reasonable and enforceable under Virginia law? Answer we most often give: Yes, if it is narrowly tailored to protect the legitimate business interest of the company… What does that really mean? This week, a Fairfax Virginia Judge http://valawyersweekly.com/2014/03/17/over-broad-geographic-limits-sink-noncompete/ held that it was not likely reasonable for a business…

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Do restrictive covenants stifle employee productivity? 150 150 Lauren Ellerman

Do restrictive covenants stifle employee productivity?

If you get paid by the hour, and not the task, is there an incentive to work any harder? Some would say, No. If you can’t take clients with you when you leave a job, or even contact them, is there any incentive to really fostering those great connections and relationships with those folks? Some…

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Please, go with your gut and call 911 150 150 Lauren Ellerman

Please, go with your gut and call 911

Nursing homes are interesting places. They (by law and definition) have health care available 24 hours a day, and yet, sometimes it is not enough. Sometimes, nursing home residents get sicker and need immediate emergency help from a hospital. I have had more than one (probably 20) families tell me that when they expressed concern…

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