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TRADE SECRETS IN VIRGINIA 150 150 Lauren Ellerman

TRADE SECRETS IN VIRGINIA

I was reviewing an employment agreement the other day, and read a paragraph that stated the employee agreed he/she would not use or disclose the company’s Trade Secret information, for a period of 4 years after the employment ends. Interesting I thought. Why? Because under Virginia law, and specifically a statute – The Trade Secrets Act,…

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EMERGENCY ROOM MALPRACTICE in VIRGINIA 150 150 Lauren Ellerman

EMERGENCY ROOM MALPRACTICE in VIRGINIA

Let’s face it – sooner or later, we will all need to rely on an emergency room for medical care. This may or may not be a good experience. The hope is that the ED has the staff, time and space to quickly diagnose, treat and admit or discharge those needing assistance. However, we have…

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HOW THE INTERNET WILL GET YOU IN TROUBLE 150 150 Lauren Ellerman

HOW THE INTERNET WILL GET YOU IN TROUBLE

This is not a new idea, but one that bares / bears repeating: BE CAREFUL WHAT YOU POST ON THE INTERNET. Years ago I began preaching responsible social networking. This requires you to think before you post, and ask yourself whether that comment, statement, addition, is something you could / would defend in a legal action. If you…

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NON-COMPETE AGREEMENTS FOR FINANCIAL ADVISORS IN VIRGINIA 150 150 Lauren Ellerman

NON-COMPETE AGREEMENTS FOR FINANCIAL ADVISORS IN VIRGINIA

We love representing professionals in the financial services industry who need help with their non-compete agreements. Why do we feel such a kinship toward these professionals? It is not because we get stock advice or other financial services in exchange for our advice, but rather, because the financial services industry has taken the bull by…

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CONFIDENTIAL DOES NOT MEAN TRADE SECRET BUT… 150 150 Lauren Ellerman

CONFIDENTIAL DOES NOT MEAN TRADE SECRET BUT…

8/10 (this is a rough estimate) employment agreements that we see, contain language regarding confidentiality. Companies don’t want employees taking their secrets to other companies or using those secrets for their own benefit. 10/10 employees however, are covered by Virginia Trade Secret Act which prohibits the use of secret information. When Dan and I review…

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CHOICE OF LAW PROVISIONS and FORUM SELECTION CLAUSES IN VIRGINIA EMPLOYMENT CONTRACTS 150 150 Lauren Ellerman

CHOICE OF LAW PROVISIONS and FORUM SELECTION CLAUSES IN VIRGINIA EMPLOYMENT CONTRACTS

I came across this well written and relevant blog post today from a Virginia law firm, the Berlick Law Firm. The article is on forum selection clauses. If your employment contract says Virginia law applies, or more specifically, that you agree to litigate all matters in a certain county, court, etc., there are recent Virginia…

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CUSTOMER LISTS ARE NOT FOR YOU…. DEAR EMPLOYEE 150 150 Lauren Ellerman

CUSTOMER LISTS ARE NOT FOR YOU…. DEAR EMPLOYEE

Let’s be clear, I represent employees, not companies in non-compete contract disputes. I also help employees defend themselves against Trade Secret, Breach of Contract, Breach of Fiduciary Duty claims etc. I think as a general principal that non-competes stifle healthy competition…. but Trade Secrets, those are a different matter. Please, dear employee, take my advice: When…

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FALLS IN NURSING HOMES – AGAIN 150 150 Lauren Ellerman

FALLS IN NURSING HOMES – AGAIN

Dan and I have written about falls in Virginia Nursing Homes many times in the past. We have also represented families who have lost loved ones because of nursing home falls, or their loved ones have suffered great injury as a result. In December 2009 I wrote about falls and whether they are preventable. Last…

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SUMMER READING LIST 150 150 Lauren Ellerman

SUMMER READING LIST

Need a good book with plot twists and unpredictable turns? Want to learn something while you kick back with your toes in the sand? Hoping that your reading will enrich your life and add value to your career? Than you should read HOW TO BEAT YOUR VIRGINIA NON-COMPETE by Dan Frith. Available from Amazon.com for $17.00…

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BUSINESS TORTS IN MOTOWN 150 150 Lauren Ellerman

BUSINESS TORTS IN MOTOWN

A reader sent us a link this morning to the Detroit News where a battle is beginning over various business torts in the sports/ entertainment biz. You know the facts – big wig leaves, big wig takes 9 employees with him to a competitor, old company gets mad and files a lawsuit alleging among other…

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SOMETHING LEFT INSIDE DURING SURGERY? 150 150 Lauren Ellerman

SOMETHING LEFT INSIDE DURING SURGERY?

As hard as it is to believe, surgeons and surgical teams sometimes leave stuff in their patients. What kind of stuff? Gauze Sponges Surgical tacks needles You name it. If it is involved in surgery, it has probably been accidentally left inside someone. As you can imagine however, your body isn’t going to easily accept…

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NON-COMPETE AGREEMENTS IN THE KITCHEN 150 150 Lauren Ellerman

NON-COMPETE AGREEMENTS IN THE KITCHEN

This past weekend I was in Washington DC for a conference. A friend and I went to dinner at this great Greek, Turkish Tapas place where we ate, and ate and ate some more. We also had some wine. The food was amazing. The chef was a recent contestant on the Food Network’s Top Chef.…

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