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Non-Compete Law

Non-Compete Law

What does your Non-Compete really mean?

Imagine this: CALLER: “Dear attorney, my contract says I can sell Christmas trees within a 150 miles from my old Christmas tree stand. Does that mean 150 miles by road, or as the crow flies?” ATTORNEY: “Well, that depends. Does the contract specify? No? Then it means what the parties thought it meant when they…[Read More]

Emails: You might as well hand your ex-employer a gun!

We represent employees is disputes against employers.  The cases may involve alleged violations of non-compete contracts, breach of fiduciary duty, misappropriation of trade secrets, etc.  One of the first things we tell new clients is not to destroy or delete existing emails (whether on the employer’s server or the employee’s home or spouses’s computer).  The…[Read More]

New Doctors and Non-Compete Contracts

We review a lot of physician contracts which contain non-compete restrictions.  If the contract is offered to a “new” doctor just out of his/her residency or fellowship program, we always suggest to our clients that they give serious thought to the potential situation where they move their entire family to a new city, find the cost…[Read More]

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]

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]