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Vol. III, Issue No. 6
August 14, 2014
We hope you're having a great summer!  This month's briefing covers our recent arbitration victory against Charles Schwab, an article written by two of our attorneys on noncompete provisions as well as the mess that can be created by not having a will.  We also introduce a new feature which will profile our attorneys both in and out of the office.  Last, we share a registration link for the upcoming Jake & Johnny Golf Outing!

How Complete Is Your Noncompete?


A frequent question from business clients is whether a noncompete agreement is enforceable after an employee has been terminated. Although the former employee may assert a number of potential defenses to the noncompete, the employer can anticipate many of these by carefully drafting the agreement.

The State Bar of Michigan published an article written by John Hubbard and Eric Parzianello in the August issue of its Bar Journal on four clauses which can help in enforcing a noncompete.  The full text of the article can be found here:  Four Considerations When Drafting a Noncompete That Can Affect Its Enforceability.
Securities Arbitration Victory Against Charles Schwab & Company

John Hubbard and Kenny Lee recently obtained a $110,000.00 arbitration award against Charles Schwab & Company on behalf of their client. The claim alleged breach of contract, tortious interference with business relationships and breach of fiduciary duty against Schwab.  The firm's client alleged that Schwab engaged in an improper course of conduct and a wrongful scheme to interfere with the client's relationships.  The award can be found on FINRA's website:  The Delp Heritage Trust v. Charles Schwab & Company, Inc.
No Will and No Divorce Judgment = A Mess
Whenever family law and probate law overlap, it can never be good for the parties involved. That's what occurred in the recent Michigan case of In re Hayes. In that case, Ronald Hayes and his wife were in divorce proceedings when they reached a verbal settlement to roughly divide all property on June 5, 2012. The parties testified as to the settlement in court on June 15, 2012, and the judge stated that he would enter a divorce judgment when he received it.

Unfortunately, Ronald died
without a will on July 24, 2012, before a judgment was entered. His wife argued that all assets should pass to her since no judgment had been entered. His son argued that the settlement was effective and that the assets Ronald was supposed to get in the settlement should pass to him. The Court of Appeals held that the settlement was ineffective because no judgment was entered. Because Ronald had no will, Ronald's wife took all of his assets. Lesson:  If you want your children to get certain assets when you die, don't rely on a court to carry out your wishes.

For estate planning advice, contact Mark Snitchler. For a divorce consultation, contact Gavin Fleming.
Attorney Profile - Eric Parzianello
This month, we introduce a new feature in profiling our attorneys starting with Eric Parzianello. Eric focuses on helping his clients minimize their business risks through careful drafting of documents such as employment, non-compete and operating agreements. When litigation is necessary, he represents his clients in business break-up cases, employee disputes and other commercial matters.  He has been licensed to practice in Florida since 1999 and handles matters there from the firm's Naples office.

Outside the office, baseball has always been his passion. One entire wall of his office is adorned by a Fathead pitcure of Tiger Stadium taken during a game in 1973. He coached his son's baseball teams from tee ball to travel league. His coaching inspired an article posted on his blog entitled "Baseball, Life and the Practice of Law," on how those three topics can be intertwined.  Enjoy the march towards the post-season!
Jake & Johnny Golf Outing - September 29!!

As you may know, John Hubbard is actively involved with The Jake & Johnny Club which is committed to raising money to eradicate Juvenile Diabetes and Childhood Leukemia.  
Its annual golf outing will be held on September 29th at the Golden Fox Golf Club in Plymouth.  If you haven't played in it, consider joining us for what is always a great event! Early Bird discount pricing deadline is August 22: a foursome can register for $450; individual golfers can register for $125. More information can be found at this registration link. We hope to see you there!

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