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WILL A VIRGINIA COURT RE-WRITE YOUR NON-COMPETE? 150 150 Lauren Ellerman

WILL A VIRGINIA COURT RE-WRITE YOUR NON-COMPETE?

Often clients will wonder out loud, over email to my office, or over the phone: “Can the court re-write the non-compete if they find it to be overly harsh or over broad?” My answer as of late has sounded something like this: “Thank God No Virginia Court will or has blue-pencil your agreement…. yet!” What…

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END OF SUMMER READING ON NON-COMPETE CONTRACTS 150 150 Lauren Ellerman

END OF SUMMER READING ON NON-COMPETE CONTRACTS

We have seen a few trends in the world of non-compete litigation / review. The following trends are true in our office (please note, I am not stating the following trends are true everywhere else since thankfully I only work here): Most of the people who call us to have their non-compete reviewed so they…

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FOOTBALL COACHES AND NON-COMPETES: ARE YOU KIDDING? 150 150 Dan Frith
  • Dan Frith

FOOTBALL COACHES AND NON-COMPETES: ARE YOU KIDDING?

Nope…I’m not kidding. I am a big college football fan and closely follow the Virginia Tech Hokies. I just ran across an article from a Birmingham, Alabama newspaper titled, “The Next Big Thing in contracts: Will more coaching deals include non-compete clauses?”The article recounts the stories of several SEC football coaches who have moved from…

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HOSPITAL EMERGENCY ROOM WAIT 150 150 Lauren Ellerman

HOSPITAL EMERGENCY ROOM WAIT

I am reading a lot these days about hospitals advertising how long patients must wait in their Emergency Departments before they are seen by a doctor or nurse. In my hometown of Roanoke, Virginia our local HCA hospital (Lewis-Gale Medical Center) has placed an ad on an electronic billboard (which also advertises restaurants and other…

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COSMETIC SURGERY RESULTS IN DEATH 150 150 Dan Frith
  • Dan Frith

COSMETIC SURGERY RESULTS IN DEATH

This is a sad report about a Virginia women who sought cosmetic surgery (a “mommy makeover”) after the birth of her fourth child. According to news reports of the medical malpractice case, Dr. Matthew Galumbeck and his staff allowed Maritess Lopez to go home an hour after her cosmetic surgery, even though she was having…

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LOUDOUN COUNTY VIRGINIA NON COMPETE CASES 150 150 Lauren Ellerman

LOUDOUN COUNTY VIRGINIA NON COMPETE CASES

When I think of Loudoun County Virginia, I think of Oatlands – where I got married. I think of all the money I spent (and didn’t have) at Magnolia’s in Purcellville, or the time I spent at the Outlet Mall in Leesburg. I think of the coffee shop that is no longer next to the Tally…

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EMPLOYEES RIGHTS AND TRADE SECRETS 150 150 Lauren Ellerman

EMPLOYEES RIGHTS AND TRADE SECRETS

Virginia employees are sometimes surprised to know, that even without a written employment contract, they are not allowed to use, take, or copy the confidential trade secret information of their employers. No really. Its against the law to take their private information. And when you leave your company, and go compete in the same industry,…

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WOW… PRESSURE ULCERS ARE STILL OUT THERE 150 150 Lauren Ellerman

WOW… PRESSURE ULCERS ARE STILL OUT THERE

Ugh. I am so sick of hospitals and nursing homes allowing residents to suffer from pressure ulcers. Guess what folks. Most of them are preventable. If someone is being moved, if he or she receives proper nutrition, proper transfers and proper wound care – they should not suffer from any stage of pressure ulcer. So…

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BIG BROTHER IS WATCHING YOU 150 150 Lauren Ellerman

BIG BROTHER IS WATCHING YOU

Again. I sound like a broken record. Do not use your work computer, hand held device, blackberry, IPhone, telephone, cell phone etc. owned by your current employer, to do research on how to beat your non-compete and start a new business. Now, I know you are still doing this because I can tell from whence…

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ROANOKE RESIDENT FOUND AFTER ELOPING FROM LOCAL NURSING HOME 150 150 Lauren Ellerman

ROANOKE RESIDENT FOUND AFTER ELOPING FROM LOCAL NURSING HOME

I am grateful to report Mr. Morton was found — and his 36 hours away from the Berkshire Health & Rehab nursing home in Vinton have ended. I am so saddened to hear that he was found crying in the bushes of a nearby neighborhood this afternoon. Elder abuse? I’ll let you decide. Neglect? Lets…

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RECENT VIRGINIA DECISION IN A NON-COMPETE CASE 150 150 Lauren Ellerman

RECENT VIRGINIA DECISION IN A NON-COMPETE CASE

Hot of the presses…(or Google alert) “RICHMOND, VA — A Fairfax judge has issued a split decision in an employment dispute, striking noncompete language in a computer services contract as overly vague but finding a nonsolicitation clause enforceable. Fairfax Circuit Judge Michael F. Devine expressly refused to add, or “blue pencil,” acceptable language to validate…

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MEDICAL MALPRACTICE AND “NEVER EVENTS” 150 150 Dan Frith
  • Dan Frith

MEDICAL MALPRACTICE AND “NEVER EVENTS”

In Virginia, a successful medical malpractice case requires proof of two elements. First, proof the doctor/nurse/hospital/dentist/surgeon, etc. deviated from the accepted standard of care or was negligent. Second, proof the negligence was the cause of the patient’s injuries, harm, or death. Both of these elements are proven by way of testimony from credible medical experts.…

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