Non Compete Agreement Virginia Maryland Lawyers Attorneys
Non-Compete Law in Virginia and Maryland
Non-compete agreements are often contained in an employment agreement or independent contractor agreement, but may also be executed as a separate document. Non-compete agreements are intended to ensure that during the term of employment or for a period thereafter, an employee or former employee will not directly compete with his or her employer. The non-compete agreement often contains provisions intended to prevent former employees from using proprietary information obtained during the employment relationship to appropriate their former employer’s customers at the expense of their former employer. Most non-compete agreements specify a period during which the former employee is expected to refrain from engaging in activities that will place him or her in direct competition with a former employer. Not all provisions contained in non-compete agreements are lawful – the validity of each provision is determined by state law.
Many employment or business relationships require that one of the parties agree not to compete with the other in a certain territory or for a certain time. The courts of law will sometimes uphold such agreements, and sometimes not. Advice from a qualified Virginia or Maryland non compete attorney is essential in this area. If you require assistance with a covenant not to compete or a non-compete agreement, either in negotiating or drafting such an agreement or in litigating such a dispute in Virginia or Maryland, the non compete attorneys of the SRIS Law Group, P.C. will bring their understanding of competition law to bear in aggressively assisting you with your case.
FACTS:
A corporation filed its amended motion for judgment against a doctor, alleging that the doctor, the corporation’s former employee, breached a covenant not to compete. After the Circuit Court of Campbell County (Virginia) denied the doctor’s motion to dismiss, and following a bench trial, a judgment was entered in favor of the corporation. The doctor appealed. He asserted that the former corporation cannot “engage in the practice of medicine” in Virginia because it does not have a license to practice medicine in this Commonwealth. As a consequence, he contends that the former corporation does not have a legitimate business interest in enforcing the covenant not to compete.
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FACTS:
The former employee went to work for a competitor. Sometime during his employment with the employer, the employer presented a confidentiality and covenant not to compete agreement, which prohibited the former employee from working for a competing business within a 75-mile radius of the employer’s principal place of business for one year after leaving, subject to a liquidated damages provision of $ 50,000 in the event of a breach. The employer paid $ 50 to the former employee for signing the agreement. After a bench trial, the trial court awarded the employer nominal damages of one dollar, rejecting the employer’s argument that it was entitled to liquidated damages pursuant to the terms of agreement. Appellant employer challenged the judgment of the Circuit Court for Montgomery County (Maryland) in favor of appellee, a former employee. The employer had filed a breach of contract action against the former employee, seeking to recover liquidated damages based upon the terms of an employment contract.
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Commercial Litigation Suits Virginia Maryland Lawyers Attorneys
Commercial Litigation in Virginia and Maryland
Commercial litigation generally involves two or more businesses in a dispute over money or other property. Examples of commercial litigation include lawsuits involving: Antitrust Violations; Fraud and Deceptive Trade Practices; Abuses of Trust or Breach of Fiduciary Duty; Debt Collection; Breach of Contract; disputed transactions in real estate and other business assets; Tortious Interference with Contract; and Non-competition, non-solicitation, and non-disclosure agreements. These suits often include requests for emergency relief such as a preliminary injunction.
Business corporations and their customers in the commercial environment require skilled and hard-working litigators to protect their interests. If you or your company needs assistance in Federal or State court commercial litigation, from commencing suit to moving for injunctive relief, conducting discovery and depositions, filing and arguing motions, to representing you in a civil jury trial, the Virginia & Maryland commercial litigation attorneys of the SRIS Law Group can assist. The Virginia & Maryland commercial litigation attorneys of the SRIS Law Group are experienced in successfully litigating disputes in Federal and State courts over the Uniform Commercial Code, contract law, commercial collections, secured transactions, transportation law, and many other areas, and will dedicate their resources to your case.
VIRGINIA CASE FOR COMMERCIAL LITIGATION
Facts:
The parties entered into a lease agreement for a 20-year period. There was some discrepancy as to when the lease term ended. The lease provided that the tenant had the right to sublet the leased premises to any subsidiary of the tenant. In consolidated cases, plaintiff landlord brought an action against defendant tenant for unlawful detainer. The landlord claimed that the tenant breached a sublease provision of a primary lease and that the primary lease had expired. The tenant claimed that the primary lease term had not expired and that the landlord acted unreasonably and arbitrarily in denying the sublease and that the landlord’s motive was to extract rent concessions.
Issue:
Whether the primary lease term had not expired and that the landlord acted unreasonably and arbitrarily in denying the sublease?
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MARYLAND CASE FOR COMMERCIAL LITIGATION
Facts:
The two-count complaint in this case, a putative class action, was filed on February 4, 2009, by plaintiff, Alicia Gomez (“Gomez”), against defendant Jackson Hewitt, Incorporated (“Jackson Hewitt”). The complaint alleged a violation of the Credit Services Business Act (“CSBA” or the “Act”) and a violation of the Consumer Protection Act (“CPA”) arising out of Jackson Hewitt’s arrangement of Refund Anticipation Loans (“RALs”) on behalf of Gomez and other Maryland customers of its tax preparation services. Defendant filed a motion to dismiss the complaint for failure to state a claim. When defendant moved to dismiss, no motion for class certification had been filed.
Issue:
Whether the defendant’s motion to dismiss the complaint for failure to state a claim should be granted?
Discussion:
This court held that while Md. R. 2-231(c) directed it to determine, as soon as practicable, whether the case could be maintained as a class action, if, as defendant alleged, there was no viable cause of action, then the court could rule on the motion to dismiss before determining whether a class should be certified.
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Arbitration Virginia Maryland Mediation Alternative Dispute Resolution
Arbitration in Virginia and Maryland
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private resolution procedure instead of choosing the public court system. An existing dispute can be referred to arbitration by agreement of the parties. Once arbitration is commenced, a party cannot unilaterally withdraw from arbitration.
Mediation, by contrast, is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions in settling their conflict. Unlike a judge or an arbitrator whose decisions may subject one party to win and the other party to lose, mediation is about finding a solution that works for both parties. Mediation is essentially facilitated negotiation.
Alternative Dispute Resolution (ADR), whether Arbitration or Mediation, is an ever-expanding reality in business and other civil disputes. Many contracts require Arbitration instead of litigation in the courts. Some contracts require Mediation before a party can initiate suit for breach.
Arbitration and Mediation require a detailed knowledge of the law applicable to a given case, knowledge of ADR procedures, as well as experience in litigation and negotiation. Based on their years of experience in Arbitration and Mediation, the Virginia & Maryland attorneys at the SRIS Law Group, P.C. will represent your interests with determination and professionalism.
VIRGINIA AND MARYLAND CODE FOR ARBITRATION AND MEDIATION
Va. Code Ann. § 8.01-581.02 Proceedings to compel or stay arbitration
A. On application of a party showing an agreement described in § 8.01-581.01, and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration. However, if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue of the existence of an agreement and shall order arbitration only if found for the moving party.
B. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration
C. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection A of this section, the application shall be made therein. Otherwise, subject to § 8.01-581.015, the application may be made in any court of competent jurisdiction.
D. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section. However, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include the stay.
E. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-206 Validity of arbitration agreements; agreements between employers and employees
(a) Validity. — Except as otherwise provided in this subtitle, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy arising between the parties in the future is valid and enforceable, and is irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract.
(b) Agreement between employers and employees. — This subtitle does not apply to an arbitration agreement between employers and employees or between their respective representatives unless it is expressly provided in the agreement that this subtitle shall apply.
Business Litigation Laws Virginia Maryland Lawsuits Lawyers Attorneys
Business Litigation in Virginia and Maryland
When business disputes, whether between two businesses or between a business and a private individual, cannot be resolved through negotiation, the commencement of business litigation by filing suit is sometimes the only remaining remedy. Examples of business litigation include the following:
-contractual disputes between businesses, between a business and a customer, or between a business and its employee or contractor;
-a breach of fiduciary duty between business partners or shareholders in closely held corporations. If one member violates his obligation to operate in good faith and loyalty then other partners can recover with business litigation;
-litigation over the infringement of a patent, trademark or copyright; and
-wrongful denial of a commercial insurance claim. If a commercial insurance company undervalues or denies a fair claim then a business can sue to recover the amount to which it is entitled in business litigation.
A good business litigation attorney can be invaluable in protecting your rights and your company’s business interests.
The costs of litigation and the possibility of paying a judgment can threaten the viability of any business. At the same time, any business can find itself unpaid for work on a contract, under-served by a contractor, or damaged by faulty work to such an extent that litigation is the only alternative.
The experienced Virginia and Maryland business litigation lawyers of the SRIS Law Group, P.C. stand ready to institute and pursue lawsuits on your company’s behalf, or to defend your company against suit by another. If your company needs assistance in Federal or State court litigation, from commencing suit to conducting discovery and depositions, filing and arguing motions, to civil jury trials, the SRIS Law Group, P.C. will assist with zealous advocacy to protect your company’s rights under the law.
The Virginia & Maryland business litigation attorneys of the SRIS Law Group, P.C. are all experienced trial lawyers who will prepare to take your case to trial if necessary.
The Virginia & Maryland business litigation attorneys at the SRIS Law Group, P.C. are skilled negotiators knowledgeable in the law applicable to business litigation. They will work to achieve an agreed-upon settlement before trial for you wherever a favorable outcome is possible.
The SRIS Law Group, P.C. is particularly effective at proactively assisting its business clients. One effective way to prevail in litigation is to draft and use in the ordinary course of business certain standard terms and conditions of service that assure a successful outcome or keep you out of litigation entirely. Based on their extensive experience in drafting terms and conditions, reviewing contracts, and in litigating commercial disputes, the Virginia & Maryland business litigation attorneys of the SRIS Law Group, P.C. can assist your company in drafting business terms, and can review documents which are presented to you for signature before you sign away your company’s rights.
VIRGINIA CASE FOR BUSINESS LITIGATION
Facts:
In a previous action, plaintiffs, who held a minority interest in a cellular telephone company, filed two lawsuits against defendant, the managing general partner, alleging that it was guilty of improper and fraudulent acts. Those suits were settled, and plaintiffs assigned their interests to defendant and signed a general release. Subsequently, plaintiffs filed another action against defendant, contending that the release should be set aside, alleging that defendant’s failure to disclose the fact that it was negotiating to sell plaintiffs’ interest for a higher price during settlement negotiations was fraudulent.
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MARYLAND CASE FOR BUSINESS LITIGATION
Facts:
Plaintiff, a Delaware limited partnership (LP), filed suit against defendant, a Maryland corporation (MC) and some of its officers and directors. The LP owned public preferred stock in the MC. It claimed that it was owed dividends on its stock, and asserted claims that management and control of the MC were directed towards benefiting the common stock holders at the expense of the preferred stock holders.
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