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YOU OWE YOUR EMPLOYER A FIDUCIARY DUTY OF LOYALTY 150 150 Lauren Ellerman

YOU OWE YOUR EMPLOYER A FIDUCIARY DUTY OF LOYALTY

Hold on. Did you know you “owe your employer a duty of loyalty? A fiduciary duty of loyalty?” What is a “fiduciary duty?”Well, in Virginia, it is … ugh, when you ugh… don’t compete or umm… take business and stuff from your boss, and give it to well – someone else. Not a very articulate…

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COST OF A MEDICAL MALPRATICE CASE 150 150 Dan Frith
  • Dan Frith

COST OF A MEDICAL MALPRATICE CASE

Nothing is free in this world. Even filing a lawsuit when your agreement with the attorney is based on his or her success, is not free. The costs of investigating, filing and pursuing a Medical Malpractice case are great. What do I mean when I say “costs?” 1. emotional costs – you will be asked to…

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WHAT DOES SOLICIT MEAN? 150 150 Lauren Ellerman

WHAT DOES SOLICIT MEAN?

We get this question all the time: “My contract says I can’t solicit their customers.. but what happens when the customers come to me without my asking? I can help them, can’t I?” There is nothing black / white in non-compete / employment litigation. There is no law or code section that defines the word…

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TO FRIEND OR NOT TO FRIEND 150 150 Lauren Ellerman

TO FRIEND OR NOT TO FRIEND

Ok folks… Please use your brain. What you write, blog, tweet, and who you friend on facebook, or connect to on Linked In, is visible to the entire world. And sometimes, those friends, links, blogs and tweets will be used against you in Court. A Non-compete client “friended” me on facebook last week.I ignored him.Why?Because…

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NON-SOLICITATION OF CUSTOMERS AGREEMENT UPHELD 150 150 Dan Frith
  • Dan Frith

NON-SOLICITATION OF CUSTOMERS AGREEMENT UPHELD

The following reported case comes to us from the Circuit Court of Fairfax County (Virginia). Daston Corporation developed, sold, and managed Google Apps in accordance with a nationwide license from Google. The individual defendants were the Managing Director and the Technical Director of Daston’s Software as a Service Practice. Upon commencing employment with Daston, these…

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NURSING HOME GETS HIT WITH VERDICT OVER DECUBITUS ULCERS 150 150 Dan Frith
  • Dan Frith

NURSING HOME GETS HIT WITH VERDICT OVER DECUBITUS ULCERS

This sad (but all too common) case report comes to us from the great state of Texas. Emilio Gonzalez, 76, lived at the Living Centers of Texas Nursing Home for several years. He was subsequently admitted to a local hospital where he was diagnosed as having pneumonia, Stage IV pressure sores on his hip, and…

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OH WHAT A TANGLED WEB WE WEAVE… 150 150 Lauren Ellerman

OH WHAT A TANGLED WEB WE WEAVE…

Oh what a tangled web we weave, When first we practise to deceive! Sir Walter Scott.   Or, was it my partner Dan who said that about inconsistencies in medical records?   Like the time a nursing home nurse wrote that she was giving my client wound care at the nursing home on Wed., Thurs and…

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TRIALS… and Tribulations 150 150 Lauren Ellerman

TRIALS… and Tribulations

I wrote a preachy article this morning on the ups and downs of life. Article can be found here at an outdoor magazine – Blue Ridge Outdoors. Any how, you may wonder, does my preachy article have anything to do with Non-Compete litigation in Virginia? Well, strictly speaking, non-compete litigation can lead to a Trial, which…

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THAT IS NO TRADE SECRET 150 150 Dan Frith
  • Dan Frith

THAT IS NO TRADE SECRET

I just read a great case out of Fairfax, Virginia where a company/employer got smacked down in its attempt to sue a former employee! The name of the case is Tryco, Inc. v. U. S. Medical Source. Tryco is a small business that is authorized to sell medical and dental equipment to the federal government.…

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SEVERANCE — IS THERE A VIRGINIA LAW ON WHETHER I AM ENTITLED TO SEVERANCE? 150 150 Lauren Ellerman

SEVERANCE — IS THERE A VIRGINIA LAW ON WHETHER I AM ENTITLED TO SEVERANCE?

I was asked that question yesterday. No. There is no law. Under Virginia common law (meaning cases) there is no guarantee or right to severance. In fact, it is like any other contract. You may be offered, or not. You may want to sign, or not. More detailed questions? Check out this article Dan wrote…

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HOW TO CHOSE A NURSING HOME IN VIRGINIA 150 150 Lauren Ellerman

HOW TO CHOSE A NURSING HOME IN VIRGINIA

This is such a scary topic for families. No one wants to say “Mom, you need health care I cannot provide at home… lets discuss our options.” Despite the unpleasantness of the conversation, it is a must for millions of Americans. And when is a good time to discuss long term care options? I love…

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TRUST ME – COURT IS NOT SUNSHINE AND ROSES 150 150 Lauren Ellerman

TRUST ME – COURT IS NOT SUNSHINE AND ROSES

I did divorce work for years. Even did criminal work. I currently split my practice between serious injury cases related to malpractice, and non-compete employment litigation. Clients appearing before the court on domestic issues and/or facing criminal charges, often anticipate the process will be emotional, difficult and stressful. But for some reason, our non-compete clients think that taking or defending…

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