Severance Benefits

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) 150 150 Lauren Ellerman

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…

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Why it’s better to save money than win in court!
Why it’s better to save money than win in court! 150 150 Lauren Ellerman

I love quizzes and magazine surveys. Let’s take a short one here.Would you rather:Spend (a) $2,000 or (b) $20,000 on attorneys fees?Obviously  – b. Let go of a dispute quickly by (a) walking away, or (b) fighting it out until the end and having a judge say you win? Tougher question. (a) Eat…

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Noncompete agreements for governmental contractors – what those big legal words actually mean!
Noncompete agreements for governmental contractors – what those big legal words actually mean! 150 150 Lauren Ellerman

Over the last nine years, we have represented hundreds (yes, I think I can say that fairly) of individuals that serve as a contractor to some governmental agency. No, they are no employees of DOD, or DHS, or the FDA, they are hired by third parties to staff projects, or…

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Liquidated Damages Provisions – are they valid?
Liquidated Damages Provisions – are they valid? 150 150 Lauren Ellerman

  What is a liquidated damages provision, and why should you care? Just this morning I was reviewing a Release / Non-Compete Agreement that contained language like the following: The parties agree to liquidated damages in the amount of $10,000. What does that really mean? 1. Depends on state law…

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Never look a severance in the mouth
Never look a severance in the mouth 150 150 Lauren Ellerman

I know, odd title. Years ago I worked in Loudoun County Virginia for a great General Practice Law Firm (Sevila, Saunders, Huddleston & White) and my old boss used to handle traffic, DUI cases. He would tell clients “never look a gift reckless” in the mouth.. obviously referring to the…

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Think before you leap
Think before you leap 150 150 Lauren Ellerman

I love the New Year. I make resolutions, work out, eat better and do everything that makes me a whole person, for about three weeks. Then the pace of life kicks in and I lose my resolve again until next year. For many Virginia employees, the New Year seems like a good…

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Lightbulb jokes and non-competes
Lightbulb jokes and non-competes 150 150 Lauren Ellerman

Do you remember all the great light bulb jokes of the late 1990’s? You could directly insult any kind of person in just a few sentences – blondes, engineers, lawyers, doctors, etc. The beauty of these terrible jokes was that the hyperbole was often based on some element of truth (** BUT…

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Once again, the Court surprises me in a non-compete case
Once again, the Court surprises me in a non-compete case 150 150 Lauren Ellerman

I recently learned of a case out of Eastern Virginia  – Depuy Synthes Sales Inc. v. Jones – where employees of one medical device manufacturer (Depuy), left to join a competing company (Sky Surgical) and were quickly sued by their former employers. In the lawsuit, it was alleged the employees violated…

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“narrowly tailored to protect a legitimate business interest”
“narrowly tailored to protect a legitimate business interest” Lauren Ellerman

Question we are often asked: Is your non-compete reasonable and enforceable under Virginia law? Answer we most often give: Yes, if it is narrowly tailored to protect the legitimate business interest of the company… What does that really mean? This week, a Fairfax Virginia Judge http://valawyersweekly.com/2014/03/17/over-broad-geographic-limits-sink-noncompete/ held that it was not…

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No secrets in non-compete litigation
No secrets in non-compete litigation 150 150 Lauren Ellerman

I just read the 5th Circuit’s opinion in a fascinating business tort case, Wall v. Alcon labs. Normally, I don’t spend much time with opinions written by Federal courts outside of the 4th Circuit, simply because they rarely apply to my Virginia cases and clients. But Wall is different. Mr. Wall…

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