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HOW LONG DO YOU HAVE TO FILE A LAWSUIT IN VIRGINIA? 150 150 Dan Frith
  • Dan Frith

HOW LONG DO YOU HAVE TO FILE A LAWSUIT IN VIRGINIA?

POP QUIZ: How long do you think the citizens of Virginia should have to file a lawsuit? a. 6 monthsb. 1 yearc. 2 yearsd. 3 yearse. 4 years And from when? a. From the date of the mistake orb. The date you learn it was a mistake? States are all over the map on this issue, but…

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A NON-FACEBOOK AGREEMENT? 150 150 Lauren Ellerman

A NON-FACEBOOK AGREEMENT?

So we have long had non-compete agreements.And non-solicitation agreements. And now we are beginning an age where possibly we need non-social media agreements? An Employment lawyer who represents Employers, John Phillips, writes the following advice to his clients on his blog The Word on Employment Law: For the future, employers should include social networking as…

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INSURANCE COMPANIES FIGHT OVER NON-COMPETE 150 150 Dan Frith
  • Dan Frith

INSURANCE COMPANIES FIGHT OVER NON-COMPETE

This report comes to our readers from Chicago. CRC Insurance Services, Inc, describes itself as one of the leading wholesale insurance brokers in the nation, with 29 offices across the country. CRC is suing many of its former employees and Ryan Specialty Group, Inc., (also an insurance broker), for violations of its non-compete agreements. A…

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PLEASE STOP USING YOUR WORK COMPUTER FOR PERSONAL STUFF 150 150 Lauren Ellerman

PLEASE STOP USING YOUR WORK COMPUTER FOR PERSONAL STUFF

Now, I know you think I am being an old hag. But seriously. Stop using your work computer for the following searches: Google – “How to leave my company and not breach my non-compete”Google – “How to poach clients”Google – “Is it illegal to poach clients”Google – “Virginia law on non-competes”Google – “Do I have…

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RESIDENT ON RESIDENT ATTACKS IN NURSING HOMES 150 150 Dan Frith
  • Dan Frith

RESIDENT ON RESIDENT ATTACKS IN NURSING HOMES

You wouldn’t think this would be a problem…but it is. Many nursing homes accept residents with severe psychiatric problems, histories of criminal conduct, or repeated aggressive and threatening behavior towards others. Want a quick example? In the past two years, at least four residents of North Carolina rest homes have been killed by fellow patients…

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MEDICAL TECHNOLOGY GIANTS FIGHT OVER NONCOMPETE 150 150 Dan Frith
  • Dan Frith

MEDICAL TECHNOLOGY GIANTS FIGHT OVER NONCOMPETE

Even the big boys get their panties in a bind over non-compete agreements! St. Jude Medical Inc. has sued a former member of its innermost executive circle, alleging that he violated a noncompete agreement when he accepted a job with crosstown rival Medtronic Inc. In a complaint filed in Minnesota medical device maker St. Jude…

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TRINITY MISSION NURSING HOME CONTRACTS: TAKE TWO 150 150 Dan Frith
  • Dan Frith

TRINITY MISSION NURSING HOME CONTRACTS: TAKE TWO

I shared with our readers the outrageous and unfair admission agreement/contract used by Trinity Mission Nursing Home here in Virginia in a previous post last week. To say the admission agreement used by this nursing home chain is “one-sided” would be a huge understatement. Lauren did some quick legal research and it appears at least…

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BUSINESS CONSPIRACY ACT CASE REPORT 150 150 Dan Frith
  • Dan Frith

BUSINESS CONSPIRACY ACT CASE REPORT

The more we handle noncompete and nonsolicitation cases for employees the more frequently we see situations in which the employer makes additional allegations and pursues additional legal remedies against departing workers. The most recent example of this trend comes from a case filed in Alexandria, Virginia, Perot Systems Government Services, Inc. v. 21st Century Systems,…

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TRADE SECRETS IN VIRGINIA 150 150 Dan Frith
  • Dan Frith

TRADE SECRETS IN VIRGINIA

Lauren and I represent employees in noncompete and nonsolicitation disputes with employers and we discuss the issues and considerations which arise in those cases on this Blog. Sometimes we represent an employee who, although she never signed a noncompete agreement, is now being sued by her ex-employer for the misappropriation of “trade secrets.” Can they…

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NURSING HOME BEDS AND POSITIONAL ASPHYXIA 150 150 Dan Frith
  • Dan Frith

NURSING HOME BEDS AND POSITIONAL ASPHYXIA

“Positional asyphxia” is a fancy term for a terrible, but preventable, problem. Positional asphyxia, is also known as postural asphyxia, is a form of asphyxia which occurs when someone’s position prevents them from breathing adequately. In the nursing home setting, this life-threatening problem is more frequent due to the use of bedrails. A recent example…

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WHAT THE EMPLOYERS ARE DOING WHEN YOU QUIT 150 150 Lauren Ellerman

WHAT THE EMPLOYERS ARE DOING WHEN YOU QUIT

I attended a seminar yesterday, put on by three very capable attorneys who represent businesses in employment issues. They advise small and large companies, like the one you work for, or used to work for, what to do when an employee leaves and there is rumor of competition, breach of contract, use of trade secrets…

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QUESTION: WHAT IS BLUE PENCILING AND WHAT DOES IT HAVE TO DO WITH NONCOMPETES? 150 150 Dan Frith
  • Dan Frith

QUESTION: WHAT IS BLUE PENCILING AND WHAT DOES IT HAVE TO DO WITH NONCOMPETES?

ANSWER: “Blue penciling” is a legal term of art which applies to the discussion of the enforceability of a noncompete agreement and here is how it works. If the employer writes a noncompete contract which states the ex-employee cannot work anywhere in the world for 10 years…the agreement is clearly overly broad and no Virginia…

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