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Non-Compete Law

Non-Compete Law

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]

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

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 work for these agencies. And,…[Read More]

Liquidated Damages Provisions – are they valid?

  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 Well to begin, what it…[Read More]

Never look a severance in the mouth

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 phrase never look a gift…[Read More]

Think before you leap

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 time to finally make 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]

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]

“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]

No secrets in non-compete litigation

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 left his employer after many…[Read More]