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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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EMERGENCY ROOM STAFF FAILS TO DIAGNOSE HEART ATTACK 150 150 Dan Frith
  • Dan Frith

EMERGENCY ROOM STAFF FAILS TO DIAGNOSE HEART ATTACK

I just read about a tragedy which, unfortunately, happens all too frequently but could have been avoided. The case report comes from Texas. Stacy Meaux, 46, was overweight and had a family history of coronary artery disease (CAD). When she experienced radiating chest pain and tightness, she went to a hospital emergency room where she…

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IS YOUR NON-COMPETE ASSIGNABLE / TRANSFERABLE? 150 150 Lauren Ellerman

IS YOUR NON-COMPETE ASSIGNABLE / TRANSFERABLE?

Lets say your boss sells the business. Or, lets say he starts a new business and you become an employee of that. Is your original agreement, with the original company, still binding on you? We are asked this question often. Under Virginia law, the answer is – IT DEPENDS. Does your contract state it is…

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BIRTH INJURY CASE IN SOUTH WEST VIRGINIA 150 150 Dan Frith
  • Dan Frith

BIRTH INJURY CASE IN SOUTH WEST VIRGINIA

Sometimes I will receive a medical malpractice case to review, and I realize as I read the records, how devastating the event at issue was for the family experiencing it. Losing a loved one is always a tragedy. Losing a loved one because someone was careless, or intentionally refused to provide care, is a different…

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TRINITY MISSION NURSING HOMES: BEWARE OF THE ADMISSION AGREEMENT! 150 150 Dan Frith
  • Dan Frith

TRINITY MISSION NURSING HOMES: BEWARE OF THE ADMISSION AGREEMENT!

I have seen some unfair and unreasonable admission agreements prepared by nursing homes…but the agreements now used by Trinity Mission take the cake! Every new resident to a nursing home must sign an admission agreement or contract. If the new resident is not mentally or physically capable of signing the agreement, a family member or…

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NON-COMPETES ARE LIKE SHAKESPEARE 150 150 Lauren Ellerman

NON-COMPETES ARE LIKE SHAKESPEARE

Boy meets girl. Boy and girl love each other.They can’t get married because of family issues. They decide to elope. There is a miscommunication. One dies. The other is most regretful and dies too. Recall the story? Never was there a tale of more woe than that of Juliet and her Romeo?If not, here is…

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TEXAS DECISION PROVES NO TWO STATES ARE THE SAME 150 150 Lauren Ellerman

TEXAS DECISION PROVES NO TWO STATES ARE THE SAME

Read this – it is a great decision for those of us who fight against non-competition agreements. Texas Court Strikes Down Surgeons’ Non-Compete Covenant because “the covenant must provide for a buyout of the covenant by the physician at a reasonable price or, at the option of either party, as determined by a mutually agreed…

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DOCTORS PROTECT DOCTORS! 150 150 Dan Frith
  • Dan Frith

DOCTORS PROTECT DOCTORS!

Not that this story is news but the Roanoke Times ran an article recently which was also published in USA Today. The article was titled, “Many Doctors Don’t Blow Whistle on Colleagues” and was based upon a study published by the Journal of the America Medical Association. The results of the study were disappointing: The…

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