Understanding how legal issues fit into the ongoing nature of your business is essential, and Jim Ferrick’s experience as both litigator and business lawyer allows him to offer unique insight and advice on opportunities and risks.

In the litigation arena, Jim focuses his practice on restrictive covenants, the securities industry and commercial disputes. He has successfully represented clients as lead counsel in trials, arbitrations and appeals in state and federal courts throughout the country, including the Seventh Circuit and the appellate courts in Missouri and Illinois.

Jim is at the forefront of counseling and litigation involving restrictive covenants and trade secrets in both the employment and sale-of-business contexts.  He has litigated all phases of these cases from TRO to trial.  He has represented clients across multiple industries and in various forums, including state and federal courts throughout the country as well as in arbitrations before FINRA and the AAA. Jim regularly counsels clients regarding drafting restrictive covenants as well as taking the appropriate steps to protect proprietary information and trade secrets.

In the securities world, Jim defends brokerage firms in litigation alleging state and federal securities law violations, unsuitability and fraud in courts and tribunals. In addition, he has represented broker-dealers, registered representatives and investment advisors in matters involving restrictive covenant/trade secret litigation. Jim also provides pre-employment counseling to help clients avoid litigation.

In commercial litigation, Jim represents clients dealing with breach of contract actions, insurance coverage matters, distributor termination disputes, breach of warranty and other Uniform Commercial Code cases, and fraud actions and other complex business disputes. He also has experience with privacy and data breach issues.

Beyond his litigation work, Jim focuses on clients’ overall business goals and strategies, counseling on all aspects of business operation and planning. Using a practical, problem-solving approach, he advises businesses on matters including:

• Formation/start-up issues
• Shareholder, partnership and LLC operating agreements
• Succession planning
• Real estate acquisitions
• Buy/sell agreements
• Drafting non-solicitation, non-compete and non-disclosure agreements

Professional Affiliations

• International Association of Defense Counsel
• The Missouri Bar
• The Illinois Bar Association
• Securities Industry and Financial Markets Association, Compliance and Legal Division
• Bar Association of Metropolitan St. Louis, Securities Law Section Member

Community/Civic Activities

• First Tee St. Louis, Board Member
• Immacolata Catholic Church, Youth Sports Coach

Honors & Awards

• The Best Lawyers in America, Commercial Litigation, 2020-2023
• Top Business Lawyers, St. Louis Small Business Monthly, 2019
• Missouri & Kansas Super Lawyers, Business Litigation, 2011

Representative Matters

• Representative clients include Edward Jones, Verizon Wireless, Enterprise Fleet Management and French-Gerleman Electric Co.
• In two different cases, obtained a temporary restraining order and permanent injunction on behalf of Enterprise Fleet Management against a departed employee. Enterprise Fleet Management, Inc. v. Guinn  2018 WL 7958815, E.D.Mo., Feb. 15, 2018. Enterprise Fleet Management, Inc. v. Polak, 4:18-cv-01187-AGF (2018).
• Regularly defends individual financial advisors when they are sued by their former employers and counsels individual financial advisors as they contemplate joining a new firm.
• Obtained summary judgment on behalf of Verizon and other rural telephone carriers in business divorce.
• In a class action, successfully had the case ordered to arbitration. The order was appealed to the Seventh Circuit, which upheld the decision. Gore v. Alltel Communications, LLC United States Court of Appeals, Seventh Circuit, 666 F.3d 1027 (2012)
• Represented French-Gerleman in a products liability action and acts as outside general counsel, advising on a variety of matters including contract terms, real estate, business structure and litigation.

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Seminars & Speaking Engagements