Press Releases Distribution, Article Publishing

PART ONE

Control over client relationships has long been a battleground within the securities industry. Firms have increasingly sought to exercise control over any and all information regarding securities clients and their accounts. The utilization of restrictive employment agreements between firms and the investment professionals they employ has become so commonplace as to be almost universal throughout the industry. While many classify these agreements as simply “non-competes,” there are usually multiple restrictive provisions in the same employment agreement that can have different effects on a former employee’s ability to conduct future business. It is important for investment professionals to understand these different restrictions, and the potential effects each type of provision can have on their livelihoods.

“Non-Compete” Provisions

A non-competition provision restricts a former employee from the simple act of engaging in a similar business or activity as that of the former employer. For example, an agreement might state that a former employee agrees that he or she “may not engage in the sale of securities or financial products in a 100-mile radius from the former employee’s branch office for a period of three (3) years.” Almost all non-compete provisions feature both a geographic (spatial) restriction and a time (temporal) restriction.

A non-compete is a very broad prohibition on any activities that may be related to the business in which the former employee was engaged with the former employer. It is important to understand that it does not simply apply to any customers or prospective customers that the departing representative was servicing during his or her time with the employer. It intends to prevent the former employee from competing against the employer with any customers, either old or new, by engaging in the same or similar business activities as the employee did with the former employer.

Because a broadly drafted non-compete provision can have such an enormous impact on an individual’s livelihood and on healthy business competition, courts are generally hesitant to enforce non-compete provisions. That does not mean any non-compete provision will not “hold up” in a court or FINRA arbitration, however. Depending on the law in a particular state, a court may be permitted to “blue pencil” or revise a non-compete provision that the court considers to be overly restrictive. Going back to the previous example, the court may find that a 100-mile radius and a three (3) year time period impose too much of a burden on the former employee, and go too far in stifling fair business competition. So, the court may “blue pencil” the contract at issue so that the non-compete features only a 50-mile radius and a one year time period.

Gaddy Geiger & Brown is a trial firm offering a unique blend of energy, strategy and courtroom experience. To contact to a Kansas City business dispute lawyer, Kansas City white collar criminal defense attorney, or Kansas city appeals attorney visit http://www.ggbtrial.com.

PART FIVE

Plan Ahead and Protect Your Interests

Many investment professionals do not fully comprehend the dramatic impact that a restrictive covenant can have on their books of business and their careers. They often assume that because things seem great at the time they are hired, their interests and the new firm’s interests will never diverge. Some firms believe that their employment agreements will always be enforceable, whatever their terms may be, and they do not properly consider the cost of actually enforcing the provisions. It is important that the investment professional and the firm each have their own counsel to advise them on issues involved, and to assist in the negotiation process. Using some foresight in drafting such agreements can result in less cost and frustration for both parties if (or when) the investment professional decides to move on.

Gaddy Geiger & Brown is a trial firm offering a unique blend of energy, strategy and courtroom experience. To contact to a Kansas City business dispute lawyer, Kansas City white collar criminal defense attorney, or Kansas city appeals attorney visit http://www.ggbtrial.com.

PART FOUR

Enforcement of Restrictive Employment Provisions

In conjunction with provisions regarding competition, solicitation, and confidentiality, most restrictive employment agreements will include language regarding the enforcement of those provisions. Specifically, most agreements state that a representative agrees that, in the event the representative breaches the agreement, the former employer will have suffered “irreparable harm” and will be entitled to preliminary injunctive relief. Irreparable harm is a prerequisite for a court’s determination that the former employer is entitled to an injunction (or court order) against the former employee that prevents the employee from competing, soliciting clients or employees, and/or using any confidential information of the employer.

If a firm believes that a former representative may have violated one or more provisions of an employment agreement, it will often send what is known as a “cease and desist” letter demanding that the former employee immediately stop any activities prohibited by the agreement. Many times, either directly after sending such a letter or without even doing so, the firm will retain an attorney to seek a temporary restraining order in the appropriate local court.

A temporary restraining order (TRO) is an emergency remedy that an allegedly harmed party can seek to protect its interest and maintain the status quo. Due to the “emergency” nature of the requested legal relief, courts may (and usually do) issue TRO’s without hearing from the defending party (in this case the former employee). As indicated by its name, however, a TRO is not a permanent prohibition, and only remains in effect until such time as the court has an opportunity to hear from both parties regarding the next stage of the injunctive relief process, the preliminary injunction.

If the court grants a party’s request for preliminary injunctive relief, the injunction generally remains in effect through the remainder of the litigation, and it may be eliminated, altered, or extended into a permanent injunction. If the former firm is a FINRA member (i.e. a broker-dealer) and the former employee is an associated person (i.e. a registered representative) under FINRA Rules, then the parties are required to arbitrate their dispute through FINRA Dispute Resolution (arbitration). This means that the firm will have to file a concurrent arbitration claim with FINRA at the same time the firm files a complaint or petition in state or federal court.

FINRA Dispute Resolution is unable to hear claims for injunctive relief, so the parties must go before an appropriate local court to determine whether any injunction will be issued. After the preliminary injunction hearing, the dispute shifts from the local court to a FINRA arbitration panel formed regarding the arbitration claim. The FINRA arbitration panel will then have the opportunity to hear the remainder of the case, and award any monetary damages or permanent injunctive relief, if warranted.

Gaddy Geiger & Brown is a trial firm offering a unique blend of energy, strategy and courtroom experience. To contact to a Kansas City business dispute lawyer, Kansas City white collar criminal defense attorney, or Kansas city appeals attorney visit http://www.ggbtrial.com.

PART THREE

Confidential or Proprietary Information Provisions

Brokerage and advisory firms obtain and develop a large quantity of private and confidential information regarding their clients, products, compliance practices, and business methods. There is a great deal of regulation regarding the protection of client information, and firms have an interest in safeguarding certain information. To further that interest, they require their representatives to sign one or more documents acknowledging the confidentiality of certain information, and agreeing that the information is the property of the firm.

While the firm may be concerned about its responsibilities under Regulation S-P or the Gramm-Leach-Bliley Act, regulatory issues are not the firm’s only concern. A major motivation behind such clauses is to prevent a departing representative from taking information that may help them identify clients and the status of their accounts, their immediate investment needs, etc. when the representative leaves. Thus, the inclusion of such provisions is usually just as much for competitive reasons as it is to ensure compliance with information regulation.

Confidentiality provisions are also included in an effort to give certain information, such as client contact and account details, “trade secret” status for the firm. The overwhelming majority of states have adopted the Uniform Trade Secrets Act (or have a similar statute), which grants certain information special status as a “trade secret” if the information and circumstances surrounding its creation and safeguarding meet the statutory requirements. Assuming information does have trade secret status, then firms can include a claim for damages against a departing representative for “misappropriating” the information. This just means the former employee has taken the protected information without authorization and has used it for his or her own benefit.

Gaddy Geiger & Brown is a trial firm offering a unique blend of energy, strategy and courtroom experience. To contact to a Kansas City business dispute lawyer, Kansas City white collar criminal defense attorney, or Kansas city appeals attorney visit http://www.ggbtrial.com.

PART TWO

The key distinction between a non-competition provision and a non-solicitation provision is that a “non-solicit” attaches to specific customers or individuals. While there is also a time period during which the non-solicit is in effect, such a provision does not restrict an investment professional from continuing to engage in the same or similar business as his former employer. It simply keeps the representative from soliciting individuals in which the former firm claims a protectable interest.

Clients

Non-solicitation clauses are perhaps the most commonly contested provisions in an investment professional’s employment contract. Although the language in these clauses can vary, the intended effect of such a provision is to prohibit a departing representative from “soliciting” clients that he or she served while the representative was with the former firm. To be enforceable, there must be a specified time period during which the prohibition on solicitation will be in effect. These time periods are generally from six months to two years. The longer the time period, the less likely it will be that a court would uphold the provision.

Employees

In addition to non-solicitation clauses related to clients, many firms will also include a prohibition on the solicitation of firm employees by a departing representative. These are called “anti-raiding” provisions because they seek to prevent a former employee (or his new firm) from “raiding” the former firm’s other representatives or employees and recruiting them to join the new firm. Courts often recognize that a firm has an interest in protecting its ability to do future business by not having one departing employee effectively transfer over a significant portion of the firm’s employment roster to a competitor.

Gaddy Geiger & Brown is a trial firm offering a unique blend of energy, strategy and courtroom experience. To contact to a Kansas City business dispute lawyer, Kansas City white collar criminal defense attorney, or Kansas city appeals attorney visit http://www.ggbtrial.com.

Who would have ever thought that when a person goes to hospital to get better, they may come home and die of an infection they got while they were in the hospital? Something entirely unrelated to why they were there in the first place.

It’s it a bit of an irony that we all go to a doctor when we are sick and expect them to help us, make us better or even fix whatever the problem is in the first place. “How devastating it is when going to the physician actually gives the patient a new threat to their health? This isn’t as farfetched as it may sound. It actually happens every day when people are discharged from the hospital,” said Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.
Many people are going home mostly recovered from what put them in the hospital in the first place and subsequently becoming very ill with a nosocomial infection. These infections are also called health care associated infection or hospital acquired infection.

“This isn’t good news and having another bout of illness on the heels of the first doesn’t do much for a person’s immune system. It makes one wonder why they go to the doctor or hospital in the first place if they are going to wind up sicker than they went in,” added Smith.

Nosocomial infections are those picked up in the hospital environment while in there for something else and are considered to be a genuine nosocomial infection if appearing within 48 hours or more after admission, or within 30 days after being discharged.

In the U.S. alone it’s estimated that one patient in ten gets a nosocomial infection. That translates into about 2 million patients a year and costs up to 11 billion to treat. These infections have also been cited as being responsible for an average of 88,000 deaths a year. “The most common nosocomial infections are pneumonias, infections of a surgical sites, and urinary tract infections. Sadly, about 92% of the deaths from hospital infections like this could be prevented,” Smith explained.

For a stark and unusual example of nosocomial infection in action, read the media reports of what is going on with the Cleveland Browns. Evidently at least five of their players have contracted some kind of infection that didn’t have a thing to do with the injury that sent them to hospital. “The biggest thing here to be extremely wary of is battling MRSA, otherwise referred to as methicillin-resistant Staphylococcus aureus. In other words, it’s an infection that can’t be treated with methicillin antibiotic which is a major problem since that covers just about all the antibiotics used,” said Smith.

No matter how the individual contracted the nosocomial infection, this is something that needs to be discussed with a skilled personal injury lawyer. “Knowing what one’s rights are goes a long way toward having the situation legally resolved in a fair and equitable manner,” stated Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.

To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.

Before applying for Medicaid and VA Non-Service Pension Benefits, check to see if having both will act to disqualify getting Medicaid.

“While it’s true that the VA Non-Service Pension Benefits does help with eldercare, which can be very costly these days, having these benefits may greatly affect a pensioner’s ability to qualify for Medicaid in the area of assisted living once the pensioner’s benefits have run out,” said Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.

Having the VA Non-Service Pension Benefits really does help in terms of having extra income, however the pensioner needs to carefully check applying for it first, before making that decision. Having the extra money might not be in their best interests if they think they may require Medicaid before needing a greater level of care. “The thing to keep in mind is that once the veteran is awarded the additional income, the vet or surviving spouse can’t stop the benefits to qualify for Medicaid, which may cause some significant problems,” added Smith.

Consider the example of Mary Buetel who lived in a memory care assisted living community. That community organization helped Mary get VA surviving spouse benefits which increased Mary’s income to roughly $2,600 a month. That money combined with her savings helped her to pay for the community care she received.

Unfortunately, at the going rate of about $3,850.00 a month, her savings were running out quickly and Mary was faced with a real dilemma. Even if the community organization participated in the Medicaid waiver program, Mary would not qualify because the extra money she received from the VA put her well over her state’s Medicaid threshold. Mary doesn’t need long-term nursing home care, but because of her income, she may have no other alternative.

What happened here is that the person who helped Mary get her benefits in the first place didn’t pay much attention to or didn’t understand the possibility that Mary may need Medicaid once her assets were dried up. “The difficulty here is that when living providers arrange for VA benefits for their residents so that they have extra income, it is a violation of federal guidelines for an “interested” party to pay someone on the vet’s behalf to arrange this kind of service. In cases like that, many living providers have found themselves in a position of being liable,” Smith explained.

In fact, the specific regulation pertaining to situations like this reads as follows:

Federal Regulation 38 CFR 14.636: Payment of fee by disinterested third party. (i) An agent or attorney may receive a fee or salary from an organization, governmental entity, or other disinterested third party for representation of a claimant or appellant even though the conditions set forth in paragraph (c) of this section have not been met. An organization, governmental entity, or other third party is considered disinterested only if the entity or individual does not stand to benefit financially from the successful outcome of the claim. In no such case may the attorney or agent charge a fee which is contingent, in whole or in part, on whether the matter is resolved in a manner favorable to the claimant or appellant.

It can’t be stressed enough that veterans and their families need to know the “right” information before they make financial decisions that may have a major impact on their life and ability to be able to find proper care situations. “Yes, the additional income is nice, but if it comes with a hefty price tag and penalty later, it bears some serious research up front by a disinterested third party, such as a qualified lawyer,” commented Michael G. Smith, a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock, Arkansas.

To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.

While big rig crashes are a reality we care not to think about too much, there are things car drivers may do to avoid potentially fatal crashes. In all instances where you have been in such a crash, contact a highly experienced Little Rock personal injury lawyer for advice and assistance.

Collisions with semi tractor trailer units never have a very happy ending. Whether the people involved are seriously injured or they do not survive the crash, this is one area of the law where you need to talk to an experienced Little Rock personal injury lawyer about your rights.

Statistically speaking, it seems to be a bit of a toss-up when it comes to the reasons for devastating crashes involving 18-wheelers and other vehicles. Some schools of thought think it’s largely the truck driver’s fault. Others think it is the driver of the car that causes the collision. Frankly, when push comes to shove, the reasons for the accident really only matter when it comes to putting together a court case. If there was negligence on the part of the trucker or the “other” driver, then you may be able to recover damages for your injuries.

=What on earth are car drivers doing that results in such horrific outcomes when they “meet and greet” a tractor trailer on the wrong side of the road, or are rear-ended? Typically when accidents of this nature take place, it’s the car driver who has lost sight of the fact that 18-wheelers don’t have the same ability to whip in and out of small spaces, or to quickly avoid another car in their way or even come to a quick stop.

Quick and stop when you’re talking about a big rig do not belong in the same sentence. For example, a car is able to come to a rather rapid stop if they’re traveling 55 mph and will accomplish that halt in about 265 feet. A huge truck with a load on will take at least 313 feet to stop, and not all that gracefully either. Herein lies a very crucial safety rule and that is to keep your car a safe distance behind or in front of the truck. If you don’t do that and have to stop suddenly, you will find the semi up the back of your car. This is a two-way street. You don’t want to be following a big rig too closely either in case they have to stop abruptly.

Passing and cutting back in front of the truck is another area that a lot of motorists really don’t “get.” When they cut in too closely, they don’t leave enough distance between the car and the truck. When something like that happens the trucker reacts by slamming on the brakes. This doesn’t only have the potential to affect you, who cut in front of him leaving him no room to move, but also other cars beside and behind the truck. In other words, “think” before you act when you are traveling with big rigs.

Motorists also need to realize that truckers do have blind spots. This shouldn’t really come as too much of a surprise, since cars have blind spots as well. The point here is that you do not want to be traveling in those blind spots or the trucker can’t see you. Stay away from the back of a semi, the right front and left rear. Keep in mind that when you pull out to pass, you can “not” be seen in those blind spots in either the rearview mirror or the side mirrors, and you run the risk of the truck pulling left or right into your lane. The end result is a nasty crash.

If you have been involved in a tractor trailer crash or have lost a loved one as a result of an accident with a semi, speak to a seasoned Little Rock personal injury lawyer. Find out what your rights are, what damages you may be able to claim, and how a case would proceed to court. Time is of the essence in cases like this, so don’t wait too long to speak to that attorney or the evidence in the case will be lost, or the statute of limitations may run out.

Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.

Abuse of the elderly is unfortunately all too common in this day and age. There is nothing that sparks such outrage than stories in the media of seniors being financially, emotionally, mentally or physically abused.
While it may be inevitable that your elders will need to spend time in a nursing home, you are placing them there for their care and safety. You are not taking them out of their familiar environment and much loved routines to be abused, neglected and taken advantage of in some of the worst ways we could possibly imagine. Sadly, this kind of abuse takes place more often than we’d like to think. It is horrendous, defies description and is just plain wrong. If you think your senior loved one is being subjected to abuse, immediately call a Little Rock personal injury lawyer.

Our seniors are entitled to be treated with dignity, respect and deference. Many of our seniors fought in wars that gave us what we so blindly take for granted today – the freedom to be who we are and do what we do. These people were injured on our behalf, lost family members fighting to give us this precious freedom, and are now in need of our help and care in a nursing home.

Nursing home abuse is way too common and it has to stop. People must speak up and out about it. Every senior in a nursing home has family that loves and cares for them and only wants to ensure they are safe. If the family suspects something is wrong, that their elderly family member is being abused, hit, shoved, kicked, shaken, pinched or burned, they need to speak to a skilled Little Rock personal injury lawyer. While these examples mostly deal with physical abuse, there are other insidious forms of abuse that are known to stalk the halls of nursing homes.

Some of the other forms of abuse that attorneys tend to see and hear about are the inappropriate use of chemicals/drugs as a form of restraint or retribution; the use of tie downs or straightjackets; and other monitoring devices being used as punishment. In some cases, seniors have been left for long periods of time physically restrained and unable to move until someone came to free them. Force feeding someone who is unable to eat without assistance is abominable and definitely a form of abuse, as is pushing elderly patients to perform bodily functions that are difficult for them.

Perhaps the most despicable form of abuse in a nursing home is sexual abuse. While it sounds awful, unfortunately there have been cases of this happening. It’s very difficult for elderly people to be able to effectively resist someone forcing themselves on them. Very plainly, without putting a fine point on it, this is “wrong.” Non-consensual sexual contact is abuse and so is having sex with someone who isn’t able to give their consent to the act. Sexual abuse can take the form of assault, sodomy, rape, improper touching, nudity and even the resident being harassed into posing for sexual or nude pictures.

If sexual abuse isn’t enough, there have also been cases of mental and emotional abuse. Consider how hard it is for seniors to have to rely solely on others for assistance performing their daily living tasks. This causes a great deal of embarrassment for many seniors who used to be independent. The shame they feel at not being able to do basic tasks is something that some nursing home workers will exploit to their own advantage.

The list of other abuses is too long to cover in this article, so we highly recommend that if you feel your loved one is the victim of nursing home abuse, do the right thing and contact a Little Rock personal injury lawyer immediately. The longer the abuse is ignored, the more people who will be affected by it. Speaking up on behalf of your senior will make a big difference in how the other residents in a nursing home are treated. Know your rights and what to do about nursing home abuse.

Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.