Smooth Transitions

Smooth Transitions

addressing the Legal issues arising from the departure of employees & Business breakups

Category Archives: Placement Professionals

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Another Recruiter v. Lawyer Lawsuit

Posted in Placement Professionals
Recruiters and lawyers always seem to get tangled out. The Texas Lawyer had an interesting piece about a recently filed Harris County Lawsuit where a recruiter is suing a lawyer at Holland and Knight.  According to the article, the recruiter called the lawyer and told him he had a position to discuss, but he would… Continue Reading

Recruiter Checklist for 2016

Posted in Placement Professionals
Here are a few thoughts for placement professionals to consider going into 2016: Be familiar with the Texas Occupations Code and all it requires and its implications.  Here is a link.  There are number of little nuggets there that should be considered. How do your contracts look?  I’ve written at length over the years over… Continue Reading

Recruiter Tips/Links

Posted in Placement Professionals
Tomorrow, I have the privilege of speaking to the DFW Texas Recruiters Network. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen your… Continue Reading

Recruiter Checklist for 2015

Posted in Placement Professionals
  Here are a few thoughts for placement professionals to consider going into 2015: Be familiar with the Texas Occupations Code and all it requires and its implications.  Here is a link.  There are number of little nuggets there that should be considered. How do your contracts look?  I’ve written at length over the years… Continue Reading

2013 & Recruiters

Posted in Placement Professionals
The more things change… The old adage goes that the more things change the more they stay the same. For Texas placement professionals there have been no landmark cases or significant changes in the law this year, but the standard issues remain and have become more magnified in the areas of post-employment covenants and the… Continue Reading

May 1 Presentation to DFWTRN

Posted in Placement Professionals
                                             On Wednesday at lunch I will be speaking to the DFW Texas Recruiters Network about legal issues confronting placement professionals.  Please join me if you can.  Here is a link to the details.… Continue Reading

Tips for Placement Professionals

Posted in Placement Professionals
                                           Today I have the privilege of speaking to the DFW Texas Recruiters Network. Over the years I have had the privilege of representing placement professionals in a number of circumstances.  Some tips: Make sure your engagement agreements/contracts make sense and are enforceable; Remember that non-competes and non-solicitation agreements in Texas can be enforceable; Screen… Continue Reading

The Recruiters Win Again

Posted in Placement Professionals
                       The Case The Fifth Circuit affirmed the opinion of a magistrate judge in the Southern District of Texas that found a law firm owed a search firm for the introduction of a group of lawyers the firm hired. Essentially, the search firm made the initial introduction, but a deal was not reached until… Continue Reading

Recruiters Beware

Posted in Placement Professionals
  A recent case filed in Dallas provides some guidance for recruiters, especially when they recruit lawyers. Lawyer Chris Gilbert sued recruiter Diane Caldwell, the recruiter who convinced him to move from Nashville to Dallas and work for Patton Boggs as a partner. The petition asserts claims for breach of fiduciary duty, fraud, negligence, and breach of contract. The… Continue Reading

DFW Texas Recruiters Network

Posted in Placement Professionals
                                           Today I have the privilege of speaking to the DFW Texas Recruiters Network.  Below are some resources and previous writings placement professionals might find of use: Texas Occupations Code Section 2501 (Related to Placement Professionals) Previous entries related to placement professionals including discussion of the Texas Occupations Code; and Previous entries related to Social… Continue Reading

Caught Red Handed with LinkedIn

Posted in Non-Compete Agreements, Non-Solicitation Agreements, Placement Professionals
                                               Minnesota based TEKsystems Inc. sued three former employees for violating non-compete and non-solicit agreements.  TEKSystems is in the technical recruiting business and it claims one of the former employees was contacting its contract employees.  The complaint alleges Defendant Brelyn Hammernik used LinkedIn to solicit these employees: For example, Hammernik has communicated with at least 20 of TEKsystems’ Contract Employees… Continue Reading

Clients, Competitors, and Employers are Watching Facebook

Posted in Hiring and Firing, Placement Professionals, Social Networking
Chances are you or someone you know is on Facebook, MySpace, or LinkedIn. Google yourself and you’ll probably see a LinkedIn or Facebook biography. Potential employers and recruiters will see the same information during the hiring process. When I prepare for a deposition I always do basic Internet research on a witness. It’s probably a… Continue Reading

The Non-Compete Playbook: Preliminary Considerations

Posted in Non-Compete Agreements, Non-Solicitation Agreements, Placement Professionals
The ScenarioAssume the following: Jordan James, a successful legal recruiter employed at Company A has left to start her own placement firm. James signed a non-compete and non-solicitation with Company A and it is believed that James took her Microsoft Outlook contacts that contains all of her client information. What should Company A do and… Continue Reading

Texas Occupation Code Part 2

Posted in Placement Professionals, Trade Secrets
In a previous posting we discussed placement professionals’ obligations under Chapter 2501 of the Texas Occupations Code. There is only one reported case addressing this provision. In Joseph Chris Personnel Services, Inc. v. Donna Rossi, et al., Joseph Chris, a real estate recruiter, sued former employees for alleged breach of employment contract, breach of fiduciary… Continue Reading

Placement Professionals

Posted in Placement Professionals, Trade Secrets
Today I had the opportunity to speak with the DFW Recruiters Network. Placement Professionals are faced with a variety of legal issues including covenants not to compete, non-solicitation covenants, anti-raid provisions, and the general enforceability of fee agreements with clients. All of these topics are the subject of this blog, but I wanted to take… Continue Reading
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