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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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LAWSUIT AGAINST THE VA (VETERANS ADMINISTRATION) for MEDICAL MALPRACTICE 150 150 Dan Frith
  • Dan Frith

LAWSUIT AGAINST THE VA (VETERANS ADMINISTRATION) for MEDICAL MALPRACTICE

I am confident we all agree to the following: OUR VETERANS DESERVE THE BEST MEDICAL CARE POSSIBLE. So, now that we are in agreement, I have to say this doesn’t always happen. I fear many veterans will be victims of medical malpractice at the hands of VA Hospitals and employees in 2011. I say this…

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WHY FILE A MALPRACTICE LAWSUIT? 150 150 Dan Frith
  • Dan Frith

WHY FILE A MALPRACTICE LAWSUIT?

Often, I share my very unresearched, unscientific opinions on life with people who are not interested. Today, I am sharing my unresearched, unscientific opinion on one topic that I often get asked by friends and family who do not understand what I do. Question: Why would someone file a malpractice lawsuit. I.E. Why would someone…

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A NEW YEAR FOR EMPLOYMENT LITIGATION – I MEAN, ADVICE TO AVOID LITIGATION 150 150 Lauren Ellerman

A NEW YEAR FOR EMPLOYMENT LITIGATION – I MEAN, ADVICE TO AVOID LITIGATION

Sometimes, there is NOTHING you can do to avoid being sued. Seriously. You can play by the rules. Not breach your non-compete agreement, and your old employer will still run to the Court house and allege you did all of these awful, illegal things. And then, just when you think it can’t get worse, this…

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NURSING HOME CONTRACTS… WATCH OUT 150 150 Lauren Ellerman

NURSING HOME CONTRACTS… WATCH OUT

The following nightmare situation is not fictional. It happened to a Virginia family most recently. STORY 1Family places their loved one in a nursing home for skilled nursing care. Loved one is sexually assaulted by a staff member of the facility. Family finds out. Family is outraged and files a lawsuit. Nursing home says “You…

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