Law Firm Resources & News

MISSOURI DECISION ON NONCOMPETES AND ACCOUNTANTS 150 150 Dan Frith

MISSOURI DECISION ON NONCOMPETES AND ACCOUNTANTS

To all of our accounting friends out there who are considering leaving their current employer, taking some clients, and competing in the face of a noncompete agreement……PLEASE READ THIS RECENT FEDERAL CASE FROM MISSOURI! The case, decided this week by the Eighth Circuit Court of Appeals, is Mayer Hoffman McCann, PC v. Thomas Barton, et…

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NURSING HOME ABUSE IN VIRGINIA FACILITIES 150 150 Lauren Ellerman

NURSING HOME ABUSE IN VIRGINIA FACILITIES

Ugh. It still happens. Loved ones are placed in Virginia Nursing Homes for short term rehab after a hospitalization. “Just 20 days for therapy,” the facility says.“She’ll be out of here in no time,” you are told. But by month 3, they are still there. And your loved one seems weak, unable to walk, confused.…

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NON-COMPETE LAWSUITS IN VIRGINIA 150 150 Lauren Ellerman

NON-COMPETE LAWSUITS IN VIRGINIA

When is an employee going to get sued for alleged breach of a non-compete? When the following factors exists:1. Employee threatened to breach his/her non-compete2. Employee told clients about new business3. Employee said bad things about old company4. Boss of old company is a huge ego5. Boss of old company wants to make a point6.…

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WHISTLE BLOWER NURSES IN TEXAS PREVAIL! 150 150 Dan Frith

WHISTLE BLOWER NURSES IN TEXAS PREVAIL!

I previously shared the story about Texas nurse Anne Mitchell who did the right thing and filed a complaint against a local doctor whom she believed was providing substandard care. The good doctor, Rolando G. Arafiles Jr., MD, took offense and had Nurse Mitchell charged with “misuse of official information,” a third-degree felony in Texas…with…

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IS MY NON-COMPETE VALID IF THE TERMS ARE UNREASONABLE? 150 150 Lauren Ellerman

IS MY NON-COMPETE VALID IF THE TERMS ARE UNREASONABLE?

Very smart people call our office all the time and say: “I read your blog. My contract is just like the one in that other case where the court held it to be unreasonable and invalid. So, is my contract invalid?” Short answer, no. Your contract is not unreasonable, invalid or not binding until a…

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WILLIAMSBURG, VIRGINIA RESTAURANTS FIGHT OVER NONCOMPETE 150 150 Dan Frith

WILLIAMSBURG, VIRGINIA RESTAURANTS FIGHT OVER NONCOMPETE

The Virginia Gazette has reported on a $1 Million noncompete lawsuit recently filed in Williamsburg, Virginia. Victor Minichiello of Sal’s By Victor is suing La Scala restaurant, where he temporarily operated while his business at Williamsburg Shopping Center was rebuilt. Minichiello’s lease was with Hassem and Georgia Salih as operators of La Scala, and Angelo…

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DO YOU HAVE A MEDICAL MALPRACTICE CASE IN VIRGINIA? 150 150 Dan Frith

DO YOU HAVE A MEDICAL MALPRACTICE CASE IN VIRGINIA?

A great deal of my day is spent investigating and discussing possible medical malpractice cases. Truth is, not every call we get is a case. Very few are actually cases worth pursuing. So when someone calls, I try to explain the legal elements of a medical malpractice case, and determine whether their situation, also has…

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SAVILE ROW TAILOR RUNS AFOUL OF NONCOMPETE? 150 150 Dan Frith

SAVILE ROW TAILOR RUNS AFOUL OF NONCOMPETE?

There is a great article on the front page of yesterday’s (August 9) Wall Street Journal. The article described how a young tailor, who previously worked at one of London, England’s Savile Row tailor shops, had left his previous employer and started his own competitive business making fine men’s suits. The tailor, Matthew Farnes, now…

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MORE ON EMAILS AND NONCOMPETES 150 150 Dan Frith

MORE ON EMAILS AND NONCOMPETES

Our last blog post discussed whether your employer can monitor your emails at work. The answer was a “YES.” Need more confirmation about the perils of using your office email account to start that “new business” or join a “competitor?” A suit filed by Performance Food Group Co., LLC, a food-service distributor, alleges that a…

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CAN YOUR BOSS READ YOUR WORK EMAILS? 150 150 Lauren Ellerman

CAN YOUR BOSS READ YOUR WORK EMAILS?

Friends. Romans. Employees. Lend me your ears. You do not have a right to privacy (for the most part) on your work computer. And your employer is getting advice like this from employment lawyers, telling them to read your emails: Delaware Employment Lawyers recommend employees “monitor” employee emails. “And, by “monitor,” I actually mean monitor—not…

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LAWYER REFERRALS – WHAT DOES THAT MEAN? 150 150 Dan Frith

LAWYER REFERRALS – WHAT DOES THAT MEAN?

Often times, we get calls in our office and the prospective client will say “Lawyer Smith told me to call you.” Now, there are many reasons why Lawyer Smith referred you to our office. 1. Perhaps Lawyer Smith does not do this kind of law (Medical malpractice) and knows that we do. 2. Perhaps Lawyer…

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ROANOKE DOCTORS SANCTIONED 150 150 Dan Frith

ROANOKE DOCTORS SANCTIONED

The Roanoke Times carried an interesting article in today’s paper. The article detailed how the Virginia Board of Medicine had recently disciplined 5 Roanoke area physicians for violations of various Board of Medicine regulations. The most interesting part of the article is that many of the violations dealt with the improper use and prescription of…

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