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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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Why your “smartphone” keeps me in business 150 150 Lauren Ellerman

Why your “smartphone” keeps me in business

Dear Virginia Employee: I wanted to thank you for being glued to your smart phone. I wanted to thank you for treating that small device, owned by your employer, like it is your own. Checking your personal email, texting clients at all hours, and making disparaging remarks about your co-workers and boss in these text…

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The ‘Wizard of Oz’ approach to employment law 150 150 Lauren Ellerman

The ‘Wizard of Oz’ approach to employment law

Today is Friday. If you are anything like me, you are making plans in your mind for the weekend. Maybe a run. Maybe some laundry. Maybe you are the person who needs some long awaited alone time in your family. Maybe you are planning on wearing your PJs all Saturday with your 18 month old, so you…

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Choice of law provision in an employment contract 150 150 Lauren Ellerman

Choice of law provision in an employment contract

I ran across a well done article for HR professionals today on choice of law provisions in employment contracts. Imagine this scenario – COKE (yes, I mean the company getting all of the negative press for their Superbowl ad (which I didn’t see, but really people, who cares)) has salesmen and women across the country.…

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Who pays for Mama’s nursing home bill 150 150 Lauren Ellerman

Who pays for Mama’s nursing home bill

Who pays for Mama’s nursing home bill? Well, the answer to that question (and most questions asked by a lawyer) is – IT DEPENDS. Nation wide, most short term nursing home bills (up to 100 days) are paid for by Medicare. Those long term nursing home stays are typically paid for by the patient themselves, or…

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No secrets in non-compete litigation 150 150 Lauren Ellerman

No secrets in non-compete litigation

I just read the 5th Circuit’s opinion in a fascinating business tort case, Wall v. Alcon labs. Normally, I don’t spend much time with opinions written by Federal courts outside of the 4th Circuit, simply because they rarely apply to my Virginia cases and clients. But Wall is different. Mr. Wall left his employer after many…

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Hope in Virginia to increase number of nurses in nursing homes 150 150 Lauren Ellerman

Hope in Virginia to increase number of nurses in nursing homes

I am an optimist. I am not naïve, so I know it is very unlikely the following Bill presented by Vivian Watts will become law in Virginia this year, but I remain an optimist. HB 568 would require nursing homes to meet certain basic staffing levels of CNAs and LPNS — they would now be…

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House of Lies = House of Litigation 150 150 Lauren Ellerman

House of Lies = House of Litigation

So I had to keep watching Showtime’s House of Lies to see what happened with Marty Kaan’s threats to open his own consulting firm in LA, in competition with his long time employer Galweather Stern. And maybe I also had to keep watching because I think Kristen Bell’s character has the best work wardrobe I…

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