Articles
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...
Decedent’s Disinherited Children Fail to Prove Lack of Mental Capacity or Undue Influence Involving Mom’s Trust
Missouri appeals court ruled that while an inequitable distribution of assets among the decedent’s children illustrates an unfortunate breakdown in the relationships between members of her family, the final bequest would not be disturbed because the trial judge...
Request to Pluck Chin Hair Contributes to Evidence Supporting Sexual Harassment Claim
A former employee of Bi-State Development Agency of Missouri–Illinois Metropolitan District sued her employer for alleged supervisor sexual harassment in violation of Title VII. The Eighth Circuit Court of Appeals reversed a summary judgment in favor of the employer....
Deductibility of Business Losses
We counsel all manner of businesses on choice of entity, a rather elementary question, but one that can have substantial impact. And, as most, if not all, of our business clients know, we routinely recommend a corporate form of business entity over the limited...
Affordable Care Act 2014 Update
There are a variety of issues and considerations for individuals and employers, both large and small, regarding the Affordable Care Act ("ACA"), or Obamacare, going into 2014. These include the implementation of the individual mandate, Small Business Health Options...