Articles
Is the “Men in Black” Neuralyzer Handy? | Confidentiality and Inevitable Disclosure
If only we could easily forget those things that we want to forget. Sort of like utilizing the neuralyzer Agent K (Tommy Lee Jones) and Agent J (Will Smith) used in "Men in Black" to erase memories. But we can't, and in fact, the law generally doesn’t want you to....
Missouri Supreme Court Lowers Burden of Proof for Workers’ Compensation Retaliation Claims
The Missouri Supreme Court just made a substantial change in the level of proof necessary to establish a workers' compensation retaliation claim under the Missouri Workers' Compensation Act. This recent decision held that an individual need only prove that his or her...
Supreme Court Rules Severance Payments Subject to FICA
In U.S. v. Quality Stores, Inc., No. 12-1408, (U.S. 3/25/14), the Supreme Court determined that payments made to employees pursuant to an involuntary termination would be subject to Federal Insurance Contributions Act (FICA) taxes. Quality Stores, as a result of an...
Homeowner and Condominium Records: An Owner’s Rights to Review
Most active subdivision and condominium associations in Missouri are nonprofit corporations. Those associations are created and empowered, under their respective indentures and declarations, to enforce the covenants, terms and conditions applicable to their...
Weiss Expansion Amplifies Larger Discussion of Chesterfield Business
Who knew that a post here would soon become part of the larger, very public discussion of St. Louis business, the expansion of Chesterfield, and today's lead story on St. Louis Public Radio, "This Is Chesterfield: 'Bedroom' Community Experiences Business Boom." Soon...
“Has the jury reached its verdict?” “Yes, your Honor, we have.”
At this moment, in the silence of the courtroom, anticipation speaks volumes: palms sweating, shallow breathing, butterflies in the gut, litigants searching the faces of 12 jurors for some hint of their decision. And then, a verdict arrives. From the Eastern District...
Contract Law: It Takes Two to Tango!
Just as in dancing, it always takes two to make an enforceable contract. In a recent contract law case involving a national restaurant chain, the court held that because a management representative of the restaurant chain had not signed the agreement, which contained...
Daughter’s Facebook Post Flaunts—and Forfeits—Dad’s $80,000 Settlement
When a Florida private school, Gulliver Schools, failed to renew Patrick Snay’s contract as the school's headmaster in 2010-2011, Snay filed a two-count lawsuit against the school, alleging age discrimination and retaliation under the Florida Civil Rights Act. The...
We’re Sorry
Last September, we opened our second office after 27 years in only downtown St. Louis. We settled on Chesterfield after considering a number of other locales. But never in my wildest dreams would I have imagined that two other St. Louis institutions also would have...
Employer Shared Responsibility Penalties Under the Affordable Care Act Delayed and New Guidance Offered
The Department of the Treasury and Internal Revenue Service, on Feb. 10, 2014, issued final regulations regarding the employer shared responsibility provisions under the Affordable Care Act (ACA). The employer shared responsibility provisions generally require an...
Fiduciary Duties in LLCs
Fiduciary relationships exist in many different contexts: corporation/officers and directors, trust company/depositor, attorney/client. When a fiduciary relationship exists, the fiduciary (i.e., officers and directors, trust company or attorney) typically owes...
Car Troubles Got You Down? They May Also Constitute Employee Misconduct
On Feb. 11, 2014, the Missouri Court of Appeals upheld a denial of unemployment benefits with respect to an employee who violated her employer's no-fault attendance policy in large part because of ongoing car troubles. Under the employer's attendance policy, employees...