Law Firm Resources & News

Negotiating a Virginia Employment Contract with Your Boss 150 150 Lauren Ellerman

Negotiating a Virginia Employment Contract with Your Boss

Pop quiz: “Which of the following is the most irritating way (to get what you want)?” A: “This is now the 5th time I have asked you to take out the trash.” B: “Sweetheart, when you get a second would you mind taking the trash out?” C: “Thank you again for taking the trash out.…

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Beware of Hidden Terms in Virginia Nursing Home Contracts 150 150 Lauren Ellerman

Beware of Hidden Terms in Virginia Nursing Home Contracts

Do you know what your cell phone contract says? Or did you just hit the button that says agree? I have no idea what mine says. Admittedly I skimmed it. I didn’t read every word and I frankly don’t care what it says. I want the use of the phone. But some commercial contracts actually…

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WSJ: “When Dad Can’t Live Alone” 150 150 Dan Frith

WSJ: “When Dad Can’t Live Alone”

In “When Dad Can’t Live Alone”, a sad but brutally honest article in the December 21 edition of the Wall Street Journal, writer Kelly Greene describes how many adults visiting elderly parents over the holidays will discover that advancing age has made one or both parents no longer able to safely care for themselves. The…

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The Duty of Loyalty You Owe Your Employer 150 150 Lauren Ellerman

The Duty of Loyalty You Owe Your Employer

This week, I sent an email that read something like this: If you do you what propose to do, i.e., start a company on the side and bid for the same contract your current employer is bidding on, while still an employee of the company, you will be in big fat trouble. The kind of…

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‘Tis the Season for Nursing Home Accidents 150 150 Lauren Ellerman

‘Tis the Season for Nursing Home Accidents

Many Virginia families are justifiably shocked when a loved one is injured so quickly after admission to a nursing home or assisted living facility. We have seen too many cases where someone has been admitted to a facility only to be killed or transferred out within days of admission. Such accidents in Virginia nursing homes…

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Virginia Doctors and Employment Agreements 150 150 Lauren Ellerman

Virginia Doctors and Employment Agreements

Is medical school fun? Easy? Inexpensive? My friends tell me the answer to all three questions is no, no, and no. So why do so many doctors willingly give up their legal rights to practice medicine by signing non-compete agreements? Sadly, many physicians sign such restrictive contracts without realizing the future consequences. Either they do not…

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The Choice of Law Provision in Your Contract Matters (A Lot) 150 150 Lauren Ellerman

The Choice of Law Provision in Your Contract Matters (A Lot)

Often, a very well-meaning client will send me an out-of-state case he or she has found online. Upon first glance, the facts, industry and issues in the lawsuit seem to parallel their own employment contract situation. The language of  the contract at issue in the case might be very similar to their contract. If the court…

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Virginia Right-to-Work Law Does Not Mean “Right to Ignore Non-Compete Contract” 150 150 Lauren Ellerman

Virginia Right-to-Work Law Does Not Mean “Right to Ignore Non-Compete Contract”

I love a good explanation. When I was a kid, my explanations for why I did or didn’t do something were pretty elaborate and creative. My brother was often my excuse – “Brett asked me to do it.” Or, even better “Brett said I could,” as if my twin was the grand boss of family permission. Virginia…

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Physicians and Non-Compete Contracts 150 150 Dan Frith

Physicians and Non-Compete Contracts

We are often asked by Virginia health care providers to review an employment contract that contains a non-compete clause. If reasonable, these restrictive clauses are upheld by courts in Virginia. The best way to deal with the potential future problem of the effects of a non-compete contract is to negotiate the terms up front before…

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FDA: Bed Rails Fatal Risk for Nursing Home Residents 150 150 Dan Frith

FDA: Bed Rails Fatal Risk for Nursing Home Residents

Many Virginia families think the easiest and safest way to keep a loved one in a nursing home from getting out of bed in the middle of the night is to ask for the installation of bed rails. On the other hand, some nursing homes in Roanoke and elsewhere use bed rails to keep those…

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Overmedicating Virginia Nursing Home Residents 150 150 Lauren Ellerman

Overmedicating Virginia Nursing Home Residents

We hear it too often: “When I got there, she didn’t even recognize us she was on so much medication.” “She almost fell out of the wheelchair she was so overmedicated.” “She hasn’t eaten in days because she is on so much medication she barely wakes up.” Overmedicating Virginia nursing home patients is a serious…

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Why Trade Secrets Matter to Virginia Companies 150 150 Lauren Ellerman

Why Trade Secrets Matter to Virginia Companies

Do you know the recipe for Coca-Cola? What about the exact formula of chemicals used to create Kevlar body armor? How about the client list of Wells Fargo’s commercial division? I doubt you can answer yes to any of the above. I don’t have access to such proprietary information – because companies often work hard at…

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