What’s on Our Minds

Klenda Austerman partners Christopher McElgunn and Chasity Helm are 2014 recipients of the Wichita Bar Association (“WBA”) President’s Award, presented at the WBA’s Installation and Awards dinner held June 19, 2014 at the Hyatt Regency. The President’s Award is given for outstanding and exceptional service to the WBA that goes above and beyond normal expectations of bar membership.  Recipients also demonstrate high ethical standards and are well-respected by their peers. Both McElgunn and Helm are …

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Klenda Austerman attorney Michael L. Baumberger recently won an appeal to the Kansas Court of Appeals on a case involving a dispute over 401k proceeds.  Bryon Funk listed his wife as the beneficiary of his 401k proceeds.  The Funks divorced seven years later.  Mr. Funk passed away 14 years later having never changed his beneficiary designation.  Mr. Funk’s sister claimed the 401k proceeds should not go to the ex-wife because the 401k was awarded to …

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Klenda Austerman Partner Jeff Peier was recognized in the Wichita Eagle this week for his 30 years of dedicated service to the Wichita Multiple Sclerosis Society. A link to the article can be found here. In addition to the MS Society, Mr. Peier also does charity work for the Wichita Aero Club, the Fort Hays State University Foundation, and Doc’s Friends, where he helps restore a historic B-29 Superfortress. If you would like to contact …

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Everyone knows that one of the primary goals of any business is to generate profits.  The typical business cannot afford to operate “in the red” for long periods, if at all.  Though statistics vary, in general, roughly fifty percent (50%) of small businesses fail in their first five years of operation.[1]  At the end of ten years, that number increases to between 80% and 96%.[2]  Regardless of the exact statistics, it is clear that to …

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Nationally recognized attorney Geoffrey Fieger sought $55 million in damages against two companies and several of their employees who provided medical care at the Sedgwick County jail under an independent contractor arrangement. Inmate Terry Bruner died from a brain stem herniation caused by bacterial meningitis relating to his liver disease. Fieger brought the action, alleging our clients acted with deliberate indifference in denying or delaying medical care in violation of Bruner’s civil rights.  Klenda Austerman …

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The Klenda Austerman runners were at it again. For the sixth time, Klenda Austerman sponsored the Prairie Fire Marathon Race Series.   The Prairie Fire Marathon continues to be a popular event in Wichita, with this year’s event boasting a total of 2,200 participants from 24 states and over 280 communities. This year’s Spring race was particularly special as it was held on May 4th, which is known by Star Wars fans worldwide as National Star Wars …

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Strong, well-written non-compete contracts can strengthen your business relationships. Small businesses especially can face challenges when a business partner is unwilling to sign a non-compete.  Reluctance to sign a non-compete can result from a failure to understand what the purpose of the provision is, overly-complex or overly broad language, or a belief that signing it will put them out of business if the relationship goes poorly.  These problems can be avoided if a competent business …

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Last December the country was captivated by a devastating tale of a husband and his expecting wife from Texas.   Erick Muñoz found his wife Marlise lifeless in their home and rushed her to the hospital.  Once there, the doctors told Erick his wife had likely suffered a pulmonary embolism.  They also informed him Marlise was expecting a child, and was fourteen weeks pregnant.  Prior to that conversation with the hospital, Marlise’s pregnancy was unknown to …

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Bob Kaplan Named Wichita Lawyer of the Year in Eminent Domain and Condemnation Law  The Wichita Business Journal named Bob Kaplan Lawyer of the Year in Eminent Domain and Condemnation Law for 2013. Bob joined Klenda Austerman LLC as Of Counsel in May 2010 and specializes in real estate development, zoning, and condemnation law. In his spare time, Bob is likely rooting on the Wichita State Shocker’s or spending time with his twelve (soon to …

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