More Fraud issues with health care! http://ping.fm/2tADr

Great event this morning hosted by Meyers, Roman, Nawbo & the Cleveland Women's Journal. We have uploaded the powerpoint to our site: http://meyersroman.com

Great Article! Mitigating the Increased Risks of Personal Injury Claims on Green Construction Projects - http://ping.fm/JNrBh

NEW LOCATION for Women in Business Seminar!

We has such a wonderful response to the Women in Business Seminar scheduled for 3/18/2010, that we have changed the location! We will now be meeting:

Hilton Cleveland East/Beachwood
3663 Park East Drive
Beachwood, Ohio
216-464-9262

The program begins at 8:00am

Call me if you have any questions!

We hope to see you there.

Hudson Chamber's Executive Education Series to begin on 3/19

I will be attending the first in the Hudson Chamber's Executive Education series on 3/19 at 7:30am. focusing on Finance, Accounting & Taxes. Speakers will include Steve Chiarappa, CPA, owner of Chiarappa & Associates Ltd. Steve will address the burgeoning problem of employee theft and steps your business can take to eliminate risk. Learn how your business can better manage its money.

Liz Kuonen, CTP, Market Manager, VP Business Banking & Treasury Management at National City Bank, will present on Fraud Prevention with an overview of activities every business should be doing (separation or outsourcing of the payables and reconciliation functions, requiring dual authority and tokens for all electronic disbursements, etc).

There will also be a speaker form Skoda Minotti. I am really looking forward to this session.

For more information, see the Hudson Chamber of Commerce Website -- http://explorehudson.com or go directly to the sign up: http://208.206.15.32/news/anmviewer.asp?a=79&z=5

Are Non-Compete Provisions in Physician Employment Contracts Invalid as a Matter of Law?

No, but where a physician is involved, it may be much more difficult to enforce them. Ohio law permits non-competition covenants in employment contracts, but these covenants are disfavored under the law because they act to restrain trade. Where covenants not to compete involve a physician, they may also interfere with a paitent's right to choose his or her own doctor. The Court generally disfavors covenants not to compete involving professionals because restrictions limiting the ability of a physician to practice may affect the public’s ability to obtain medical care. In fact, some courts will not enforce a covenant that will restrict a patient’s right to choose his or her physician.

Generally, the purpose in allowing non-competition agreements is to foster commercial ethics and to protect an employer's legitimate interests by preventing unfair competition. Therefore, Ohio courts must balance the legitimate interests of the employer against, the potential harm to the community or the physician. Courts have held that a covenant restraining a physician employee from competing with his former employer are unreasonable when it imposes undue hardship on the physician and is injurious to the public, the physician's services are vital to the health, care and treatment of the public, and the demand for the physician's medical expertise is critical to the people in the community. If there is no legitimate interest of the employer to protect, then a noncompete agreement is unreasonable.

Ohio follows the reasonable alteration approach, under which trial courts have the discretion to modify an overbroad covenant to make it reasonable and enforceable. If the court does modify the provisions (e.g., to reduce the geographic or time restriction), the burden of proof remains on the Plaintiff to prove breach of the contract. In modifying covenants overbroad as written, courts applying Ohio law should go no further than required to protect a former employer’s legitimate interest.

If you have any questions on non-competition agreements, please feel free to contact me.

Defense verdict for our client in a covenant not to compete case! http://ping.fm/l4eGf

Defense Verdict for our Client in a Non-Competition case

Defense Verdict for our Client!

I am pleased to report that my partner, Ronald P. Friedberg and I won a defense verdict on behalf of our client, a physician, in a covenant not to compete case in the Cuyahoga County Court of Common Pleas. The plaintiff was a Michigan corporation providing attending physician and nurse practitioner staffing services to several nursing homes in Northeast Ohio. The Defendant was Cleveland area physician, and former employee of the Plaintiff.

The plaintiff sought 1.3 million dollars in damages, arguing it was unlawfully deprived of business and business opportunities when the defendant treated nursing home patients in facilities covered by the non-competition clause. The jury found the defendant technically breached the non-compete provision, but determined there was no causal connection between the defendant’s actions and the plaintiff’s alleged damages. Accordingly the jury returned a verdict in favor of the defendant.

If you have questions about covenants not to compete or other restrictive covenants, please feel free to me or Ron.

Women's Business Seminar Scheduled for March 18th

Please join us on March 18, 2010, on the 2nd Floor of the Eaton Tower, 28601 Chagrin Blvd., in Woodmere, Ohio, for a unique presentation created especially for women in business. This breakfast seminar, from 8am-9:30am will provide practical information on "Protecting Yourself from the People You Trust." Join us, NAWBO, and the Cleveland Women's Business Journal for this informative seminar. Anne Meyers, Barbara Roman, Debra Horn, Jennifere Singleton and I will all be part of the presentation! We look forward to seeing you. Visit our website for more information, or see the flyer, attached.