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INEVITABLE DISCLOSURE: WHAT IS IT? 150 150 Dan Frith
  • Dan Frith

INEVITABLE DISCLOSURE: WHAT IS IT?

Sounds like something you tell your teenage son or daughter….”you better tell me what you did because eventually the story will come out.” But “inevitable disclosure” means something entirely different when you are talking about non-compete agreements and trade secrets. In trade secret disputes, a company seeking to prevent a former employee from going to…

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SECRETS SECRETS ARE NOT FUN 150 150 Lauren Ellerman

SECRETS SECRETS ARE NOT FUN

UNTIL YOU TELL EVERY ONE. Do you know that rhyme? Well, it does not apply in Virginia law. A Trade Secret in Virginia, “means information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that: Derives independent economic value, actual or potential, from not being generally known to, and…

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NURSING HOMES & BUGS 150 150 Lauren Ellerman

NURSING HOMES & BUGS

A Nursing home under Virginia law, is a medical provider. This means the facility (and by extension its staff) owes the residents of the facility, certain legal duties. There is not an exact list of duties, but basically they must take care of, protect and treat your loved one’s needs. This also means they owe…

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PURPOSE OF THE CEASE AND DESIST LETTER 150 150 Lauren Ellerman

PURPOSE OF THE CEASE AND DESIST LETTER

Dear Employees: I want to let you in on a little secret. Cease and Desist letters are often written simply to scare you into submission by employers. They are not always written by lawyers and often times, your employer has no plan on actually suing you. How do I know this? Because people end up…

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EMERGENCY ROOM ERRORS IN ROANOKE VALLEY 150 150 Lauren Ellerman

EMERGENCY ROOM ERRORS IN ROANOKE VALLEY

I had the displeasure of spending 6 hours Tuesday night in our local Emergency Room, with my Mother. Quick story – my Mom has MS and cannot walk about more than 5 feet with a walker. She was walking to her electric scooter, fell, hit her head on a table and her lower back on…

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PREVENTABLE FALLS IN NURSING HOMES 150 150 Dan Frith
  • Dan Frith

PREVENTABLE FALLS IN NURSING HOMES

Almost every week we speak with an individual whose father, mother, or spouse has fallen at a nursing home and suffered an injury as a result. Some of those callers tell us their loved one has fallen 3…5…10 or more times at the nursing home, but the nursing staff says there is nothing that can…

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VIRGINIA LAWYER TO REVIEW EMPLOYMENT AGREEMENT / SEVERANCE PACKAGE / NON-COMPETE 150 150 Lauren Ellerman

VIRGINIA LAWYER TO REVIEW EMPLOYMENT AGREEMENT / SEVERANCE PACKAGE / NON-COMPETE

Do you need a Virginia attorney to review one of the following?– Non-Compete Agreement– Severance or Separation Agreement – Employment Contract– Non-Solicitation Agreement– Confidentiality Clause Although our firm is located West of Charlottesville in Roanoke, we can review and advise Virginians all over the Commonwealth. Chances are good we can review the agreement within 24…

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LEAVING YOUR JOB AND CONTACTING CLIENTS 150 150 Lauren Ellerman

LEAVING YOUR JOB AND CONTACTING CLIENTS

You have spent years building a “book of business” which includes vendors, clients, suppliers etc. Many weekends away from your family have been dedicated to meeting and making new business contacts and conventions and meetings. For what? Now your employer says you cannot take those clients with you. Are they right? Is that legal? PLEASE…

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DEAD BY MISTAKE 150 150 Dan Frith
  • Dan Frith

DEAD BY MISTAKE

A title like the one above will certainly get your attention! I can hear you “lawyer bashers” already…but you are wrong as this title doesn’t come from a group of lawyers who represent the victims of medical negligence. This title (and website) comes from a group of journalists with the Hearst newspapers. The idea for…

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NURSING NEGLIGENCE 150 150 Lauren Ellerman

NURSING NEGLIGENCE

Yes, nurses, like all professionals, can make mistakes. But is a nurse’s mistake “malpractice” in the legal sense? In Virginia, you have a malpractice action if (1) medical professional is negligent and (2) that negligence is the sole cause of physical pain or suffering. Could a nurse administer the wrong medication? Fail to take and…

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TIS THE SEASON – FOR SAYING TOO MUCH 150 150 Lauren Ellerman

TIS THE SEASON – FOR SAYING TOO MUCH

Tis the Season, right? The Season for office Christmas parties and cocktails and people saying too much to their colleagues. I remember one office Christmas party many years ago that involved inappropriate jokes and alcohol. People were overly friendly and a few hilarious memories were made. But can you imagine with me how these informal…

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Virginia Employment Contracts 150 150 Lauren Ellerman

Virginia Employment Contracts

Are employment contracts in Virginia legal? YES. Are they binding? YES – but if a provision in the Contract is unreasonable (ie – noncompete provision), a Virginia court could find the provision is not binding. Are contracts binding in a right to work state? Yes, Again, right to work only means you can’t be forced…

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