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Non-Compete Law

Non-Compete Law

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]

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]