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What does your Non-Compete really mean?

Imagine this: CALLER: “Dear attorney, my contract says I can sell Christmas trees within a 150 miles from my old Christmas tree stand. Does that mean 150 miles by road, or as the crow flies?” ATTORNEY: “Well, that depends. Does the contract specify? No? Then it means what the parties thought it meant when they...[Read More]

What happens to my non-compete when my company is bought out?

We hear this question a lot and the answer depends on the wording of the non-compete contract. If the non-compete contract provides that the contract is “binding upon the parties’ successors and assigns,” it may be enforceable by the new owners of your old company.  If the non-compete contract does not provide that it is...[Read More]

Duodenoscope and Infections: Disturbing News

Duodenoscopes are used in more than 600,000 procedures, called endoscopic retrograde cholangiopancreatography (ERCP) in the United States each year. The procedure is the least invasive way of draining fluids from pancreatic and biliary ducts blocked by tumors, gallstones or other conditions. A recent article in the Wall Street Journal reported that the Food and Drug...[Read More]

Nursing Home Workers Share Explicit Photos of Residents on Snapchat

Unbelievable!  An article jointly published by the Washington Post and ProPublica found 35 cases since 2012 in which nursing home or assisted living workers surreptitiously shared photos or videos of residents on social media. At least 16 cases involved Snapchat. The employees are posting embarrassing and dehumanizing photos of elderly residents on social media networks, violating their...[Read More]

Residential Real Estate Brokers and Non-Competes

By now readers of this blog know our position.  We strongly believe that non-compete and non-solicitation clauses are bad.  They are bad not only for the unsuspecting/unknowing employee but they are bad for innovation, bad for economic growth and development, and bad for the economy. It appears that some business owners agree with me.  Robert Reffkin...[Read More]

College Football and Non-Compete Contracts

I love college football…even though my favorite Virginia Tech Hokies are not playing at the level they enjoyed several years ago.  But as a reader of this blog you might ask, “what do college football and non-compete contracts have in common?”  The answer is a lot. First, let me disclose my bias – I hate...[Read More]

Hospital and Doctor Fight over Non-Compete: The Patients Lose

A recent newspaper article from West Virginia reported on a case where a hospital sued a doctor, alleging he broke his non-compete agreement with the hospital. The lawsuit alleges the doctor became a staff physician at Wheeling Hospital on April 1, 2010, and continued until March of this year, when he informed supervisors of his intent to...[Read More]

Why medical malpractice?

Work is work, but meaningful work makes it so much more.  So why do I do medical malpractice law?   I attended a luncheon today honoring United States District Judge Elizabeth Dillon for her service to an organization.  Many local attorneys who do many different things (think Social Security disability to employment law to business...[Read More]

Sometimes the Pathologist is Right

A pathologist is a physician who examines tissues, checks the accuracy of lab tests, and interprets the test results in order to facilitate the patient’s diagnosis and treatment.  They often play a very important role in the correct diagnosis and treatment of patients…they just operate behind the scene and I recently read a case report which highlights...[Read More]