By: Melanie M. Dunajeski A frequent companion to a non-compete agreement is a non-solicitation agreement that limits a departing employee’s ability to “raid” his prior employer to staff his new employer.  Both non-competition and non-solicitation agreements are considered to be in restraint of trade,… Read More >

By: Courtney McCormick In order to proceed with a matter in state court after a medical review panel renders an opinion in favor of a healthcare provider, a patient is required to produce an expert opinion that the healthcare provider’s conduct failed to meet… Read More >

By: Melanie Dunajeski Many employers use a combination of Non-Competition and Confidentiality Agreements to attempt to limit post-employment unfair competition by former employees. Non-Competes have always been disfavored and subject to strict court construction against employers as a restraint of trade, but are recently… Read More >

By: Melanie Dunajeski The law of LGBT/Sexual Orientation/Gender Identity discrimination is deeply unsettled in 2019. What is meant by the acronym “LGBT”?  LGBT refers to the categories of Lesbian, Gay, Bisexual, and Transgender. The terms “Lesbian” and “Gay” and “Bisexual” refer to sexual orientation…. Read More >

By: Melanie M. Dunajeski Last month I blogged on the benefits of contemporaneously documenting employee performance and behavior issues to obtain better outcomes (https://dsvlaw.com/document-performance-and-behavior-issues-for-better-outcomes/).  In that post, I noted that performance review ratings of “acceptable” or “meets expectations” where an employee actually has performance… Read More >

By: Christopher S. Drewry For a contractor, knowing how to record a mechanic’s lien to secure its own payment upstream is one thing. However, knowing what to do if a lien is recorded on the owner’s project by a lower tier claimant is an… Read More >

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