Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
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August 2011 Archives

Are Stock Option Agreements The Modern Agreements Not To Compete?

Non-compete agreements, also known as "covenants not to compete," previously were part of any typical employment and/or compensation agreement between companies and their executives. While most executives may not know the exact legality of non-competition agreements, most realize their potential ramifications and seek advice from a qualified employment law attorney prior to signing them. The same is not always true of executives presented with a stock option agreement; however, it should be. Here's a typical scenario where non-compete agreements wind up in Court: An executive obtains employment with a corporation (company "A") as a regional vice president of marketing. At the beginning of his or her employment with this company, the executive signs a non-compete agreement as part of a compensation and/or employment contract. Over a period of 15 years, the executive works diligently creating a rather impressive name for himself or herself. Company "A" decides to restructure its work force and wants the executive to relocate to a different market out of state. The executive is reluctant because of familial and community obligations. The executive, having established a remarkable reputation over the 15 year period, decides to take other employment and sign up with Company "B." There is a dispute as to whether Company "B" is considered a competitor of Company "A." The case ends up in litigation over the enforceability of the executive's non-competition agreement executed with Company "A."

Ohio marriages on the decline while divorce rates still climb

The summer months in Ohio are usually considered the prime "wedding months" for many betrothed couples. The holiday engagements soon transition into the lovely summer weddings. However, there are some changes in the marriage trends that are being noticed. Young people are more apt to get married at an older age than previous generations. Some of them are trying to get their careers established first, while others are choosier in finding the "right" person in order to avoid going through the heartbreak of a divorce.

National Labor Relations Board (NLRB) requires New Posting

The National Labor Relations Board is extending its reach by now requiring employers to notify employees of their rights under the NLRA through posting a new required notice by November 14, 2011.  The posting requirement will apply to nearly all private-sector employers subject to the National Labor Relations Act.

Medical bias claimed by child custody decision

Child custody disputes in Ohio and throughout our country are typically decided by what the court deems to be the best interests of the child. Of course, people do not always agree as to what is the best situation for a child, and the courts are left trying to decide that from among the parties' child custody claims. Take the case of a North Carolina woman who recently lost custody of her 6 and 11-year-old children to her ex-husband, now living in Chicago. The woman has stage 4 breast cancer, and she believes the trial judge gave custody to the ex-husband solely because she is suffering a life-threatening illness.

City councilman's divorce turns ugly, wife wants money for lawyer

Divorce is often a nasty business, but when it comes to the division of assets, stress levels can multiply. For some reason, when couples involved in a divorce face the division of money and belongings, things become more heated. Couples in Ohio who are facing the same circumstances may find comfort in the fact that they're not alone. A Peoria, Illinois, Fifth District City Councilman is currently engaged in a bitter divorce and is struggling with the division of his and his estranged wife's financial assets.

Spousal support reduction sought by LA Dodgers' owner

Spousal support and parties' attempts at modifying it are often the cause of much contention in high asset divorce cases here in Ohio and across the country. Take the case of Frank McCourt, owner (at least for now) of the Los Angeles Dodgers. He and his wife are in the midst of a bitter divorce that has impacted the couple, the Dodgers baseball team, and even Major League Baseball.

Same-sex parents battle over child custody

In Ohio, child custody issues between same-sex couples just got more complicated. Two women decide they want to have a baby together. One woman makes arrangements to be artificially inseminated by a male friend, who in turn agrees to relinquish all parental rights.

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