Law Firm Resources & News

Virginia Code on Non-Competes? Not This Year 150 150 Lauren Ellerman

Virginia Code on Non-Competes? Not This Year

Yesterday, I traveled to Richmond – the “Capital City” – to testify (or rather, speak) in favor of HB 1187, which would make non-compete agreements invalid in Virginia. A subcommittee of the Commerce and Labor Committee heard argument in favor of the bill (from me), and then two trade groups argued against it – the…

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Why Non-Competes are Unnecessary 150 150 Lauren Ellerman

Why Non-Competes are Unnecessary

There is a tremendous letter to the editor in the Richmond Times Dispatch on HB 1187. Says Arlington resident Todd Benjamin: After a non-compete sidelined me last year, I educated myself about these agreements and have become a staunch advocate for their elimination. … I believe in free markets: for products, for services and for labor. A non-compete…

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Finding the Right Doctor: “Ear Doctors Performing Face Lifts? It Happens” 150 150 Dan Frith

Finding the Right Doctor: “Ear Doctors Performing Face Lifts? It Happens”

Last year, a woman named “Joan” went to a Beverly Hills doctor for a face-lift with disastrous consequences. As she told the The New York Times, she assumed the doctor was qualified to the perform the procedure. After all, he said he was board-certified. What she – and many other patients throughout the country – did not understand was…

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How to Choose the Right Nursing Home for Rehabilitation 150 150 Lauren Ellerman

How to Choose the Right Nursing Home for Rehabilitation

My friend called me this morning to speak about his mother, who needs rehabilitation after surgery. The day before, another friend called about coordinating care for a family member. Then a stranger called about choosing the best assisted living facility in our area. Last week, I discussed with a colleague how her mom had just been…

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When to Read and Understand Your Employment Agreement Lauren Ellerman

When to Read and Understand Your Employment Agreement

I will admit it. I have signed agreements and not read them fully. Like credit card contracts or cell phone agreements. I am not proud of this fact, but truthfully,  consumer contracts seem so impersonal that I have always assumed the terms were not negotiable and really, pretty harsh. But a professional who is given an…

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Cease and Desist Letters and Other Myths 150 150 Lauren Ellerman

Cease and Desist Letters and Other Myths

Virginia employers often send tough, strongly worded “cease and desist” letters to former employees who work for a competitor or start a company. The goal is to scare you. If you do not comply, they allege you will potentially face dire consequences under penalty of law. Many times, the letter arrives on the stationary of…

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HB 1187: Virginia General Assembly Considers Non-Compete Law 150 150 Lauren Ellerman

HB 1187: Virginia General Assembly Considers Non-Compete Law

This month, the Virginia General Assembly returns to work in Richmond. A reader contacted us about House Bill 1187 sponsored by Delegate Patrick Hope (D- Arlington) significantly restricting non-compete agreements throughout the state. Here’s a summary of the pending legislation: Non-competition agreements.  Makes unlawful any contract that serves to restrict an employee or former employee…

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Steve Jobs, Apple and Non-Compete Agreements 150 150 Dan Frith

Steve Jobs, Apple and Non-Compete Agreements

I am currently reading Steve Jobs by Walter Isaacson. It is a fascinating account of the driven life of Steve Jobs and how he pushed Apple to become the giant it is today.  Let’s face it: we love our iDevices and Steve Jobs gets most of the credit for these wonderful gadgets. The book, however, makes it clear that…

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Now Available for iPad/Kindle: “How to Beat Your Virginia Non-Compete” 150 150 Lauren Ellerman

Now Available for iPad/Kindle: “How to Beat Your Virginia Non-Compete”

At a food conference this past weekend, I met a hospital administrator from Ohio who told me his facility did not use non-compete agreements because he thought valuing good work – rather than using scare tactics – is a better way to retain physicians. He’s right and I applaud his position. I also met a…

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College Football Coaches and Non-Compete Agreements 150 150 Lauren Ellerman

College Football Coaches and Non-Compete Agreements

After last night’s game, I ran across an article discussing college coaches and non-compete agreements. It is excellent. Read it. Enjoy it. Attorney Michael Elkon of Fisher & Phillips, a national labor and employment law firm, explains why college football coaches can pick up and move, while the average person (salesman, engineer, doctor, etc. ) is not permitted to work…

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Non-Compete Litigation: A Divorce, But Worse 150 150 Lauren Ellerman

Non-Compete Litigation: A Divorce, But Worse

Imagine a divorce. The bad kind where people would rather fight than be reasonable. The kind where the only people who win are the attorneys because the financial cost of litigation, coupled with the emotional drain of battle wear the parties out. Now, multiply in some additional hurt feelings, a few company owners that say…

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Report Finds Most Hospital Errors Go Unreported 150 150 Dan Frith

Report Finds Most Hospital Errors Go Unreported

Last week, The New York Times published a shocking article, Report Finds Most Errors at Hospitals Go Unreported, exposing how most hospital errors are never reported to the government. Even with medical errors rising, it was distressing to learn that most mistakes go unreported to state and federal agencies charged with oversight. The opening sentence says…

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