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VIRGINIA AND NON-COMPETE CONTRACTS 150 150 Dan Frith
  • Dan Frith

VIRGINIA AND NON-COMPETE CONTRACTS

The citizens and businesses in Virginia are eagerly awaiting rulings by the Virginia Supreme Court on the enforceability of non-compete provisions in employment agreements. Presently, these types of restrictions are legal and enforceable in Virginia…in limited circumstances. As reported in the Washington Post, the Court is preparing to hear two cases that could affect virtually…

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NURSING HOME HIT WITH $740,000 FINE 150 150 Dan Frith
  • Dan Frith

NURSING HOME HIT WITH $740,000 FINE

It should have been more…. The U.S. Centers for Medicare & Medicaid Services has fined a Tennessee nursing home nearly $740,000 over findings detailed in a state inspection. The inspection report by the Tennessee Department of Health lists a number of minor infractions and five serious ones at Spring Meadows Health Care Center in Clarksville,…

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FAILURE TO DIAGNOSE 150 150 Lauren Ellerman

FAILURE TO DIAGNOSE

This happens more frequently than you would realize. Patient, we will call him Sam, has stomach pains. Goes to his PCP. PCP says “I think it is gas, or something not to worry about, call back if you still hurt in 3 weeks.” Week 2 – patient is in such exteme pain, he goes to…

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DAMAGES in NON-COMPETE CASES 150 150 Lauren Ellerman

DAMAGES in NON-COMPETE CASES

Let us discuss the following: If you are driving, the car in front of you slams on its brakes, and you have to slam on yours to avoid hitting them… You do avoid hitting them, do you think they can sue you for “almost causing property damage? The answer is: SURE they can sue you,…

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WHAT IF YOUR CONTRACT CHANGES.. AGAIN 150 150 Lauren Ellerman

WHAT IF YOUR CONTRACT CHANGES.. AGAIN

Recently, I have seen more than one individual who over the course of their employment, has been asked to sign not one, not two but three or more agreements containing non-compete language. Upon review I discovered the following: Year 1996 – Contract A was signed – Employment Agreement. California Choice of law. 2 year non-compete…

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WHAT TO DO WHEN A DOCTOR / HOSPITAL… 150 150 Dan Frith
  • Dan Frith

WHAT TO DO WHEN A DOCTOR / HOSPITAL…

Medical Malpractice lawsuits are appropriate for someone who has suffered the following: 1. Medical negligence (mistake wherein the provider failed to meet the standard of care) 2. That directly caused an injury 3. The injury is signficant or permanent and 4. Because of the injury, you lost significant money (lost wages, medical bills etc.) Medical…

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NON-COMPETE AGREEMENTS FOR FINANCIAL ADVISORS and THE BROKER PROTOCOL 150 150 Lauren Ellerman

NON-COMPETE AGREEMENTS FOR FINANCIAL ADVISORS and THE BROKER PROTOCOL

I came across a great website today. It is run by the Ohio law firm of Carlile, Patchen & Murphy. The firm (as stated on their website) “has 25 years experience representing the securities industry and its employees in disputes involving employment agreements, restrictive covenants, unfair competition and trade secrets.” Yes. They are on the…

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HOW TO QUIT YOUR JOB IN VIRGINIA 150 150 Lauren Ellerman

HOW TO QUIT YOUR JOB IN VIRGINIA

Oh wow. I could write volumes on this subject. I could give you obvious advice about how you should be aware of the contracts you have signed and duties you owe to your employer. And I would like to advise you to leave on good terms. Know that IT may read all of your emails…

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CONFIDENTIAL SETTLEMENTS 150 150 Dan Frith
  • Dan Frith

CONFIDENTIAL SETTLEMENTS

This year, in 2011, our firm settled numerous cases that we cannot tell you about. We cannot tell you about the acts of negligence, the injuries that were caused, the amounts of the settlements or the details of our lawsuits because we agreed not to. Some clients will agree to confidential settlements because they don’t…

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CHOICE OF LAW 150 150 Lauren Ellerman

CHOICE OF LAW

Twice this week I have let potential non-compete clients through the door and then had to tell them, “I am so sorry. I have to close your file. Your contract is bound by the law of a state where I am not licensed and I cannot ethically give you an opinion as to its legality.”…

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COST OF LITIGATION EXCEEDS RECOVERY 150 150 Lauren Ellerman

COST OF LITIGATION EXCEEDS RECOVERY

That is lawyer speak for: “technically, you may have a case but I don’t think it is worth my time, or your time, to spend two years on it when you are not going to get much of money.” Example: Broken Bone case – eventually heals, $7,000 in medical bills and $3000 in lost wages…

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EXHIBIT 1 150 150 Lauren Ellerman

EXHIBIT 1

I have seen the following documents, print offs, screen grabs etc. used as “evidence,” attached to non-compete lawsuits, to reflect breach of contract, etc. – LINKED IN PAGES– Facebook comments– Internet posts– Internet yellow page listings– Emails If you put it online, the other side will see it.. and they will get mad… and sue…

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