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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
  • 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
  • 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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Difference Between a Non-Solicitation Agreement and Non-Compete Agreement in Virginia 150 150 Lauren Ellerman

Difference Between a Non-Solicitation Agreement and Non-Compete Agreement in Virginia

I am reading about a case out of the Eastern District of Virginia Federal Court. (The ED is all of Northern Virginia and Eastern Virginia). There’s nothing simple about federal commercial litigation, but allow me to describe the case: Company A and Company B sign a contract. They agree company B will be allowed to…

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Nursing Home Industry Blames Families that Stand Up for Loved Ones 150 150 Lauren Ellerman

Nursing Home Industry Blames Families that Stand Up for Loved Ones

We subscribe to the  Journal of the American Medical Directors Association, a national publication for nursing home professionals. In this month’s issue, there is a fascinating and somewhat infuriating article on “conflicted surrogate syndrome,” a condition supposedly suffered by the families of nursing home patients. The article defines the syndrome as “unwarranted, irrational or excessive complaints” made to…

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Can My Employer Make Me Sign a Non-Compete Contract in Virginia? 150 150 Lauren Ellerman

Can My Employer Make Me Sign a Non-Compete Contract in Virginia?

I was watching a movie yesterday, so enthralling I cannot recall the name, but the last scene reflects a supervisor confronting an employee about lying. When the employee denies the false tale, he is told to leave immediately. He cannot take computer files. He cannot take anything from the office. He must turn in his key,…

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Abdominal Hernia Repairs: What Can Go Wrong? 150 150 Dan Frith
  • Dan Frith

Abdominal Hernia Repairs: What Can Go Wrong?

A hernia occurs when an organ or fatty tissue squeezes through a weak spot in a surrounding muscle or connective tissue (called fascia). The most common types are inguinal (inner groin), incisional (resulting from an incision), femoral (outer groin), umbilical (belly button), and hiatal (upper stomach). Hernias are fairly common and you or a loved…

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Roanoke Fungal Meningitis Outbreak 150 150 Dan Frith
  • Dan Frith

Roanoke Fungal Meningitis Outbreak

[UPDATE 11/2/2012: The U.S. Food and Drug Administration has found additional vials with bacteria and mold at New England Compounding Center, and it appears the company has known for years that its medication could harm patients. Further reports will follow a full investigation of the company’s Massachusetts facilities.] A compounding pharmacy located in Massachusetts called New…

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Dan Frith Named to “Best Lawyers in America” (2012-2013) 150 150 Lauren Ellerman

Dan Frith Named to “Best Lawyers in America” (2012-2013)

My partner Dan Frith was just named one of the Best Lawyers in America. He was also recently named Best Medical Malpractice Lawyer, Roanoker Magazine (2009-Present), Super Lawyer, Super Lawyers Magazine (2006-Present), and a member of the Virginia Legal Elite by Virginia Business Magazine. Dan’s practice is dedicated to serving individuals, not companies, in complex…

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