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Non-Compete Law

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]

Tis’ the Season to quit your job and start a new Virginia Business

In the ten years I have been helping Virginia employees transition from one job to another, I have noticed a trend.  End of year bonus in hand, employees quit their jobs around Christmas and open new companies in the new year. Not a bad idea, when thoughtfully done.  Are you looking at the above timeline?...[Read More]

Ex-employee sued for accessing trade secrets

We frequently represent employees who, after leaving their employment, are sued for violating their non-compete contract and for illegally using their ex-employer’s “trade secrets.”  Just what are “trade secrets?”  Typically they are customer lists, marketing information, unpatented inventions, software, formulas and other business information that provides a company with a business edge.  Information is more likely to be...[Read More]