Springtime is a season for renewal, and this spring, Klenda Austerman renewed its commitment to several worthy causes impacting Wichita and the surrounding community.  Attorneys, staff, and their families dedicated some time away from the office to raise money for local scholarship programs, promote disease prevention and education, and support youth mentoring efforts in Sedgwick County.

Bright and early on April 6, 2013, a group from the firm participated in the 2^nd Annual President’s Run to raise scholarship funds for Friends University.  The event, sponsored by the Friends University Wichita Alumni Advisory Board and the University’s Run with Friends group, featured the Falcon 5K Competitive Race, as well as the non-competitive Mascot Mile Fun Run/Walk.  Klenda Austerman co-sponsored the event and also manned a booth to provide countless bottles of water to thirsty runners crossing the finish line.  A portion of funds from each entry supported the Wichita Alumni Advisory Board Endowed Scholarship Honoring James Arbertha.

Two weeks later, a group of fourteen from Klenda Austerman laced up their bowling shoes at the 2013 Big Brothers Big Sisters Law Firm Bowl to raise money for at-risk children.  This year, the firm raised $2,059 for Big Brothers Big Sisters of Sedgwick County to assist the organization with their important work matching children with adult mentors.  The firm is proud to support a program that helps provide guidance, imparts sound values and makes a positive change in the lives of so many youth in Sedgwick County.

On April 27, bowling shoes were swapped out for walking shoes as the firm again took part in the 2013 Walk MS, a benefit for the National Multiple Sclerosis Society.  Klenda Austerman walkers raised $813 to support the National MS Society further its goal of creating a world free of MS.  Walk MS helps raise awareness about multiple sclerosis, and the event provides needed funds to advance medical research to pursue prevention, treatment and cure of the disease.

The firm rounded out the spring by getting “in gear” to promote prevention and early detection of colon cancer at the annual Get Your Rear in Gear 5k Run/Walk.  Klenda Austerman has been a sponsor of this event since its inception in Wichita.  The event has special ties to the legal community, as coordination of the Wichita event was inspired by a young attorney that is a colon cancer survivor.  The Wichita community receives a direct benefit from Get Your Rear in Gear, as 75% of funds raised at the event are utilized locally for colon cancer awareness and screening programs.

The landmark decision in Frazier v. Goudschaal, filed on February 22, 2013, grants same-sex couples certain assurances relating to property and parental rights, should their relationship unfortunately fail.  In Frazier, the Supreme Court examined the long-time relationship of a same-sex couple that had two children via artificial insemination.  The couple had previously executed a co-parenting agreement which addressed the contingency of a separation.  In reaching its decision on custody and visitation, the Court reasoned the power of Kansas courts to protect the best interests of our children overrides any jurisdictional or other procedural arguments that might be present.  While it is a little too soon to determine if the decision will draw much controversy, especially in a conservative state like Kansas, this case sets a precedent on how our courts will handle similar issues in the future and provides lawyers with guidance in previously unchartered waters. 

If you have issues or concerns regarding any child custody or property dispute matter arising from a divorce or separation, you are encouraged to seek legal counsel to obtain a full understanding of your legal rights.  Klenda Austerman LLC maintains a high-quality Divorce and Family Law Department. You can expect experienced and compassionate lawyers who have the ultimate goal of protecting both your property and personal interests.  They understand that in most difficult family situations, clients often care most about the welfare of their children.  For that reason, our lawyers, backed up by experienced legal staff that help ensure that every case is handled in a timely, efficient, and cost-friendly manner, will work one on one with you in obtaining an intimate knowledge of the facts and circumstances surrounding your case. 

Legal Disclaimer

The material contained in this article is for your general information only and is not legal advice. We always welcome inquiries from prospective clients, but please do not send us any information you consider to be confidential until you make specific arrangements with us to become our client. Neither your sending us information electronically nor our receipt of information creates an attorney-client relationship between you and Klenda Austerman LLC.

Our attorneys are licensed to practice law in Kansas. A few are licensed to practice in Missouri. Our posting to this website and including information about Klenda Austerman LLC and its lawyers is not intended to be, and should not be, construed as any form of advertising or solicitation to perform legal services in any jurisdiction where we are not authorized to practice law.

YPW recently brought the Intern Return back from a hiatus, and Kusiak has taken the initial leadership role in reinvigorating Intern Return, a subcommittee of YPW’s Nexus action team focusing on connecting Wichita area higher education students to the community.   Kusiak has “taken it on with a vengeance,” said Chad Glenn of Shelden Architecture, interim chair of Nexus and past Chair of th YPW Board of Trustees.  Although Kusiak had a compressed timeline to deal with, “she had no complaints about that and took it and ran,” said Glenn.  Although starting essentially from scratch, Kusiak has quickly assembled a dynamic team because, according to Glenn, “her passion and drive are apparent and that is contagious to the team.”   Glenn praises Kusiak for the work she has done to make Intern Return efficient and maximize the impact of strategic community partnerships to get the most out of a limited budget. 

Kusiak is already seeing the impact her team is having on the Wichita community.  At the first Intern Return event, a Wingnuts baseball game, about 70 interns and YPW members attended, a significant improvement over previous years. “The fact that Joslyn was not born and raised in Wichita has not stopped her from quickly integrating herself in the community. Although she has less than a year under her belt as a Wichitan, Joslyn demonstrates a true passion for our city and its businesses. She is an asset to our firm and to Wichita!” said Michelle Brenwald, Member at Klenda Austerman. 

Kusiak, who will be performing in the Wichita Bar Association’s Bar Show (June 19^th and 20^th) attributes her current invovlement to her past experiences “I’ve always been pretty involved with my community, wherever that may be, especially because I find it fulfilling to meet such great people with fascinating experiences through my involvement. Wichita has too many awesome community involvement activities that I just can’t wait to explore.”

Kusiak practices in the fields of commercial litigation, creditor litigation, insurance defense, litigation, and personal injury.  Kusiak can be reached at jkusiak@klendalaw.com.

Cook recently attended the Association of Legal Administrators Annual Conference and Exposition in the Washington D.C. area where WALA received a Platinum President’s Award of Excellence, the highest award available to a local chapter. The ALA Conference brings together legal management professionals from 12 countries around the world for continued professional development and networking. Cook cited the networking opportunities at the conference as a truly great opportunity, “the classes were excellent, but the networking really provides you with key resources to connect with in such a dynamic field.  It’s great being able to pick up the phone and be able to discuss different approaches to various challenges in this field.”

Cook hopes to contribute the continued success of WALA by bringing in ideas from the ALA Conference and continuing to educate members of WALA about new developments in the law and management in the legal profession.  Cook also hopes to begin engaging the public to provide a better understanding of the role of the legal field in the community.

The primary goal of WALA is to provide educational opportunities to its members and legal management professionals.  “It’s essential to have a broad knowledge of the developments in the legal field and an understanding of how to engage each challenge as it arises,” Cook said. WALA provides scholarships for continued professional education and connects high school students with internships at local law firms.   Members of WALA are passionate about serving the Wichita community, supporting causes such as the Red Cross in its efforts to serve the homeless, and by performing a community project each fall.  For more information on WALA, please visit http://walanet.org/.

As a business person, communication is the key to establishing the purpose of the non-compete.  A good non-compete agreement is usually used when two people or businesses are entering into a relationship in which information and/or resources will be shared.  Because of this sharing, there is a risk that each business needs to understand: after the business relationship has ended, the other party could use the information, resources, or relationships obtained during the relationship to compete against the business.  Rather than living in uncertainty and fear over what happens if the relationship is terminated, a non-compete can be used to protect against those risks.

Most business people will understand the need for, and the reasonableness of a non-compete agreement when the purpose is explained.  The purpose of a non-compete agreement should be to protect your business and prevent the other party from then using the benefit of your business relationship to damage your business. The purpose is not to gain a competitive advantage over another business or exclude anyone from the marketplace.  Putting a good non-compete in place can strengthen your business relationships by clarifying what happens after the relationship ends.

If you have questions about this article or any other business law matter, please contact Jeff Peier at jpeier@klendalaw.com, Greg Klenda at gklenda@klendalaw.com, Scott Eads at seads@klendalaw.com or Sam Foreman at sforeman@klendalaw.com, or  by calling 316-267-0331.

Legal Disclaimer

The material contained in this article is for your general information only and is not legal advice. We always welcome inquiries from prospective clients, but please do not send us any information you consider to be confidential until you make specific arrangements with us to become our client. Neither your sending us information electronically nor our receipt of information creates an attorney-client relationship between you and Klenda Austerman LLC.

Our attorneys are licensed to practice law in Kansas. A few are licensed to practice in Missouri. Our posting to this website and including information about Klenda Austerman LLC and its lawyers is not intended to be, and should not be, construed as, any form of advertising or solicitation to perform legal services in any jurisdiction, where we are not authorized to practice law.

The “Jiggs” Nelson Quality of Life Award is presented to someone who has served either as a health care provider or in a volunteer capacity, and, who by their actions, impacted the Wichita health care community by a single event, circumstance, or service over a period of time.

Peier was recognized for his 29+ years of volunteer service to the National Multiple Sclerosis Society at the local, regional and national levels.  Peier said, “It’s a great honor to receive this recognition, which I accepted on behalf of all the long-time advocates for increased medical research.  It has truly been a privilege to be a part of improving the quality of life for people living with multiple sclerosis as we continue to pursue a cure.”  For more information on the Wichita Medical Research and Education Foundation and the “Jiggs” Nelson Quality of Life award see:  www.wichitamedicalresearch.org.

Peier demonstrates the commitment that the attorneys and staff of Klenda Austerman make to serving the Wichita community.  Klenda Austerman attorneys and staff will be supporting the National Multiple Sclerosis Society through fundraising efforts culminating with the Wichita MS Walk Saturday, April 23, 2013.  For more information on supporting the National Multiple Sclerosis Society, see: http://www.nationalmssociety.org/get-involved/index.aspx

Detroit has been especially hard-hit by the recession and declining industry, losing approximately 25% of its population in the last decade.  Fewer people means fewer taxpayers.  The remaining residents, some living in near-vacant neighborhoods, are more reliant than ever on basic city services.  Still, Detroit’s budget is deficient, and there is not enough money to adequately and sustainably fund police and fire departments and other necessary services.

While all eyes have been on Stockton in recent days, Mo-Town shifted gears last month, appointing Kevyn Orr as its emergency financial manager. But Kevyn Orr is not a city administrator by trade; he is a corporate bankruptcy attorney.  To certain observers, bringing in a bankruptcy attorney signals the inevitability of a bankruptcy filing.  Yet, this may not be the case.  Mr. Orr has gone on the record asserting he favors a deal with creditors outside of the bankruptcy process.

So this begs the inquiry:  if a bankruptcy filing is not the end goal, why did Detroit appoint a bankruptcy attorney to take the wheel?   For starters, the introduction of a bankruptcy attorney brings a new tone to negotiations with creditors.  Creditors may want to compromise to avoid a bankruptcy filing, knowing a filing will almost always result in less-than-full repayment.  Simultaneously, these creditors know the bankruptcy lawyer is taking cautionary steps to best-position the city to file should negotiations fail.

Although a municipal bankruptcy is relatively unusual, the same basic principles utilized by Detroit apply to struggling businesses.  Much like Detroit’s city administration, business owners know when they are operating in an unsustainable manner.  Upon this realization, it is only logical to evaluate all options and take prudent action. 

Since bankruptcy can be a powerful and effective option, a bankruptcy attorney is an essential advisor to a struggling business.  As idiosyncratic as it seems, having a bankruptcy lawyer advise a struggling business may even help the business avoid bankruptcy altogether in some instances. 

Bankruptcy attorneys at Klenda Austerman counsel businesses and individuals in all phases of insolvency and reorganization, including creditor workouts, pre-bankruptcy planning, creditors’ rights, and bankruptcy representation.  If you have questions concerning these issues, please contact Klenda Austerman’s Bankruptcy Team.  For further information, please contact Eric W. Lomas at elomas@klendalaw.com.

This disaster is not only a blatant reminder of the need to exercise extreme caution at a construction site, but also serves as a precise example of the reason underlying the heavy regulation that exists in the construction industry.  The Kansas legislature enacted the Underground Utility Damage Prevention Act in 1993, which requires anyone performing any kind of excavation to (1) provide notice of such excavation or digging, and (2) obtain information regarding the possible location of underground facilities—including natural gas lines. Both the City of Wichita and Sedgwick County have specific procedural requirements licensed contractor must follow in order to obtain the requisite permits for a construction project occurring within City and County limits.  While the permit application process differs based on various factors, the City of Wichita is known for having strict compliance standards including allowing limiting permits to only contractors who are tested, licensed, and insured.

If you have questions concerning these issues, please contact Klenda Austerman’s Civil Litigation Team. For further information, please contact Joslyn M. Kusiak at jkusiak@klendalaw.com.

Legal Disclaimer

The material contained in this article is for your general information only and is not legal advice. We always welcome inquiries from prospective clients, but please do not send us any information you consider to be confidential until you make specific arrangements with us to become our client. Neither your sending us information electronically nor our receipt of information creates an attorney-client relationship between you and Klenda Austerman LLC.

Our attorneys are licensed to practice law in Kansas. A few are licensed to practice in Missouri. Our posting to this website and including information about Klenda Austerman LLC and its lawyers is not intended to be, and should not be, construed as, any form of advertising or solicitation to perform legal services in any jurisdiction, where we are not authorized to practice law.