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Non-Compete Law

Non-Compete Law

Tortious Interference of Contract / Business Expectancy – and what every Virginia employee should know

Dear Virginia employee: Whether you signed an employment agreement or not, you owe various legal duties to your employer. Nope, its true. And two of these unspoken duties, are that you will not interfere with your employer’s contracts or business expectancies. So what does that practically mean? Under Virginia common law, if an employer can…[Read More]

What you should know about LinkedIn when you change jobs

“Hey, congratulations on making partner,” someone says to me in the gym. I wonder how on earth they know that and then I realize they probably got an email from LinkedIn notifying them of my promotion (albeit 6 months after the fact because I didn’t rush to change the title). As most of us in the…[Read More]

Lightbulb jokes and non-competes

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 FOR BLOND JOKES which are…[Read More]

The law, it is a changing

Take a moment to access this Bob Dylan Cover of The Times they are a changing. Press Play. Now, with that well known folk sound in the background I will make my brief but important point about Virginia Non-Compete law or rather Virginia Business Tort law: The law, it is a changing.   A few weeks ago…[Read More]

The other Commonwealth gets it right!

I just read a great article on a movement in Massachusetts where Governor Patrick is recommending the state outlaw (I just love using that word though it is not correctly used here) non-competition agreements in the Commonwealth. According to the author, Attorney Michael Bunis, Governor Patrick proposed a legislative package that would eliminate non-compete agreements, on…[Read More]

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

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 their contracts, (non-compete and non-solicitation…[Read More]

The blessing and curse of technology

I attended a most informative class last week, given by a computer forensic expert. This man is hired (often by attorneys) to examine phones, computers, and other devices, to search for electronic evidence in civil and criminal lawsuits. In one suit he may be looking for evidence of child porn to convict a suspected criminal….[Read More]

“narrowly tailored to protect a legitimate business interest”

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 likely reasonable for a business…[Read More]

Why your “smartphone” keeps me in business

Dear Virginia Employee: I wanted to thank you for being glued to your smart phone. I wanted to thank you for treating that small device, owned by your employer, like it is your own. Checking your personal email, texting clients at all hours, and making disparaging remarks about your co-workers and boss in these text…[Read More]