Mobile menu toggle Menu
Non-Compete Law

Non-Compete Law

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]

Legal obligations of employees, not spelled out in their employment contracts

Is anyone surprised that VW is getting heat from owners for their fraudulent sensors? No. As a VW Diesel owner, I can tell you I didn’t sign an agreement with VW that states “VW promises the sensors found in the vehicle are correct and have not been altered,” but yet, there are state and federal…[Read More]

Virginia Business Litigation Podcast 2 – When an employee breaches her fiduciary duty of loyalty under Virginia law

Virginia Employees: Did you know you owe your employer a duty of loyalty? Even independent contractors owe such a duty while employed or in service of a company.  Want to learn how to transition from one job, to another without breaching your duty of loyalty? Enjoy Virginia Business Litigation Podcast 2 – 10 minutes may…[Read More]

Bad Behavior gets Virginia Employees sued!

I am a student of human nature. I like to understand what motivates people, and what makes them tick.  I have practiced law for over ten years in various different specialties,  most recently non-compete and business tort litigation on behalf of employees.  And in many of the cases where a Virginia employee is sued, I see…[Read More]

I told you so…

I will admit, saying the following words to someone is rarely fruitful: “I told you so.” But, saying them to yourself or to the folks who read your blog can be a very satisfying enterprise. I tell opposing counsel in non-compete cases probably every year, that yes my client breached his contract, but no I…[Read More]

Why Virginia Courts will not re-draft your contract to be reasonable

Virginia is a wonderful place. It is for lovers. It has mountains and oceans and delightful seasons. We have both urban and rural, crowded and vast spaces. It is a Commonwealth, and when I read a contract that states Virginia is a State (and doesn’t reference the fact it is a Commonwealth) I presume the…[Read More]