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Non-Compete Law

Don’t order the steak – trust me.

I am big on trust. I am big on “going with your gut.” But I am also very big on open and clear communication.  If you went to a restaurant and told the waiter, “I love steak. Steak is my favorite, what is your best beef dish?” And the server replied, “Order the pork-chop,” you...[Read More]

Non-Compete Agreements, and the other team’s playbook

Our office typically represents employees in business litigation disputes. Yes, we occasionally represent a company but more often than not, we are fighting for an employee who wants to continue work in his or her chosen profession. We do this by evaluating their contracts, the situation and facts, and  arguing (when it is appropriate to...[Read More]

Injunctions against Ex-employees: Not an Easy Task

We represent employees in non-compete and non-solicitation disputes and often hear from the ex-employer (or more likely their lawyer) that they are going to run to the court and convince a Judge to issue an injunction stopping my client from opening his/her new business or going to work for a competitor. I usually respond with...[Read More]

Life Hacks for Starting a New Job

LIFE HACKS FOR STARTING A NEW JOB Thanks to the internet you can make your life better, and more efficient in a million ways that will blow your mind. Folks call this a hack. I dare you – google “chicken pot pie hack” or “bathroom cleaning hacks.” Ok, done yet? Did you enjoy a video...[Read More]

Advice for Virginia’s Millennials when signing an Employment Contract (because we know you will quit your job soon to further dedicate yourself to your online startup and won’t call a lawyer when you do)

Advice for Virginia’s Millennials when signing an Employment Contract (because we know you will quit your job soon to further dedicate yourself to your online startup and won’t call a lawyer when you do) Have you heard, we older Americans like to categorize people. It’s true. We subdivide one another by age, birth year or...[Read More]

How do Courts Measure Distance in Non-Compete Contracts?

Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employer’s business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employer’s business.  The language, and how courts interpret this restrictive language, can get tricky.  For example, some courts have found that a...[Read More]

Virginia Doctor Wins Non-Compete Dispute

Mark one down for the good guys!  Dr. Thomas Fame began working for the Asthma and Allergy Center in Salem, Virginia in 2010, but was let go by that organization in May of 2015.  After he was fired, the practice group argued that Dr. Fame’s contract imposed a two-year block on his ability to treat...[Read More]

Business Litigation Podcast 4 – End of year Q/A and “Right to Work” state

Ever wanted to know what “right to work” had to do with your non-compete? short answer: Nothing.  Want to know what happens if your company loses your non-compete contract? short answer: hard to sue on breach of contract without the contract. 5 minutes of general business litigation topics and Virginia law. Happy New Year all! 

New Year’s Resolution – Starting a New Business in 2016?

I have a great New Year’s Resolution for you this year. Repeat after me: “In 2016, I will do my best not to get sued by my ex-employer.” Isn’t that a great resolution? Saves time, big money, emotional energy, etc. A winner. But how do you keep this resolution? Does it require a fitness membership?...[Read More]