The Right to Privacy as it Applies to the Smartphone Era



This summer Americans learned that the National Security Agency over the past several years has collected data on citizen’s internet searches and telephone calls.  With the cooperation of numerous telecommunications companies, the NSA monitored millions of Americans and gathered information including call metadata and call logs.   Widespread debate ensued over privacy rights and the reasonableness of the NSA’s intrusion, if any, upon those rights. Though the NSA focused its information collection efforts on the …

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Paula Deen: Cooking up Contract Problems



Most people by now are familiar with the circumstances surrounding Paula Deen and her fall from public grace.  The circumstances surrounding Ms. Deen are a great reminder of the importance of well drafted agreements involving spokespersons and other contracts with key persons.  A good business attorney can help a business protect the value in its business relationships at the outset by preparing well written contracts. Many Wichita businesses are more likely to enter into agreements …

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FAA Policy Clarification for U.S. Non-Citizen Trusts



After more than two years of review, several public meetings and written public comments, the Federal Aviation Administration (“FAA”) is issuing a policy clarification in relation to situations where non-citizens are placing aircraft in trust for purposes of U.S. registration.  This policy clarification becomes effective on September 16, 2013. In order to register an aircraft on the United States of America Aircraft Registry, the registrant needs to meet the definition of “U.S. citizen.”  In summary, …

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Klenda Austerman Participates in Spring Philanthropy Events



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 2nd Annual President’s Run …

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Same-Sex Couples Have Enforceable Parenting and Property Rights In Kansas



It may not come as a surprise to most Kansas residents that the state banned same sex marriage in 2005.  But it may be surprising to know that a recent Supreme Court of Kansas decision gives Kansas Courts jurisdiction to enforce co-parenting agreements and to make an equitable division of property between same-sex couples. The landmark decision in Frazier v. Goudschaal, filed on February 22, 2013, grants same-sex couples certain assurances relating to property and …

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Continued Leadership and Service: Steve Cook



Steve Cook, Klenda Austerman’s Office administrator continues his service to the legal profession as the newly elected Treasurer of the Wichita Area Chapter of Legal Administrators (“WALA”), a chapter of the Association of Legal Administrators.  WALA was formed in 1981 and provides professional development and networking opportunities to legal management professionals.  As a member of the Board of WALA, Cook continues his service to the organization and legal profession.  Cook previously served as treasurer, and …

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Non-Competes and Strengthening Business Relationships



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 good business …

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Peier Honored by Wichita Medical Research and Education Foundation



Klenda Austerman Member Jeffrey D. Peier has been selected as one of the Wichita Medical Research and Education Foundation’s “Jiggs” Nelson Quality of Life Award winners for 2013.  The award was presented at the Wichita Medical Research and Education Foundation’s annual dinner meeting on April 17, 2013. 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 …

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Shocker Pride at Klenda Austerman



A year removed from Wichita State University’s last Final Four appearance in 1965, a young Gary Austerman joined the WSU basketball team.  Although the transition from being a center in high school to a guard at WSU didn’t take, Gary still enjoyed the experience and treasures the memories.  Today, Gary is one of the managing partners at Klenda Austerman and actively participates in the Shocker Athletic Scholarship Organization (SASO) at WSU.  Please join Gary and …

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No Money “Mo” Problems in Mo-Town



On April 1, 2013, a federal bankruptcy judge approved the bankruptcy petition of Stockton, California, allowing the city to proceed under Chapter 9 of the Bankruptcy Code.  Stockton made history by becoming the largest U.S. city by population to file for bankruptcy, but it may eventually cede this title to another city that is also grappling with its financial woes:  Detroit, Michigan. Detroit has been especially hard-hit by the recession and declining industry, losing approximately …

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