A woman lawyer I know started getting very strange letters (weird, incoherent) from a person she had never met. The letters apparently were an attempt to discuss a case she had never heard of and referred to people she had … Continue reading →

Generally, it is still enforceable.  This is because almost every non-compete I’ve ever seen has in it a clause which specifically indicates that the non-competition (and non-solicitation and confidentiality) provisions survive the employment relationship.  But it doesn’t have to be … Continue reading →

These actually come in 3 flavors: (1) you may not use confidential information; (2) you may not solicit our clients or employees and (3) you may not compete against us.  Each has different limitations. Worse, the limitations depend on what … Continue reading →

The answer to this question is “it depends”.  It depends on what state you are in, what company you work for, what the company handbook says, what your undertanding of the handbook is, what others do, and (perhaps most importantly) … Continue reading →

Decisions, decisions. Do I wear high heels and look taller? Or do I wear bright colored clothes to force folks to look down at that bright patch below their nose. I make those decisions every day.  But when I go … Continue reading →

Martial Arts and Litigation or It is not the Size of the Firm in the Fight, It is the Size of the Fight in the Firm In the last blog post I referred to litigation as a brawl. I should … Continue reading →

A “learned treatise” is something (usually a book) that is supposed to comprehensively cover a subject, usually a legal subject but sometimes a scientific subject. It is the kind of book that an expert would rely upon. So usually you … Continue reading →

In addition to whatever else the lawyer has to do in court (listen to the Judge, listen to the witness, watch the jury, prepare objections, prepare for the next step in the case, and take notes) now we have to … Continue reading →

Have you read the Terms of Service on Gmail?  Know what I’m talking about?  It’s the click-through button you have to click on before you can sign up. Did you know that Google’s “privacy statement” says that they will search … Continue reading →

How can that be, you ask? Actually, for some judges who don’t really understand the Internet and technology, it’s easy. According to them, after the email leaves your computer, it moves into the public arena and, because of that, you … Continue reading →