Articles
Luck is the Residue of Design
I heard that quote from a one-man play this past weekend, "The Branch Rickey Story." Mr. Rickey was a baseball executive in the early to mid-20th century. His greatest innovation was the baseball farm system, whereby young talent is recruited and developed for the...
It’s 5:00 a.m. and the Streets Are Iced; Do You Have to Pay Your Employees Even if You Keep Your Business Closed?
When there's ice on the streets and the workday will be starting in only a few hours, many employers are faced with the question of whether or not they will be opening for business for the day. For those who do open for business, do they have to pay their employees...
2013 Top Small Business Lawyer – David Weiss
David Weiss recognized as one of the "Top Small Business Lawyers"for his dedication to small businesses in St. Louis. The February 2013 edition of St. Louis Small Business Monthly recognized an elite group of St. Louis attorneys as the "2013 Top Small Business...
YOU WROTE IT, WHY NOT SIGN IT?
Sign your agreement! There are just some things I don't understand.One of them is why a company, a union, or an employer has their counterpart sign an agreement and yet they themselves never sign it. Sometimes the agreement even states that it is not effective until...
Today Seems a Good Day to Thank Mighty Musial
When Stan the Man died on Saturday at the age of 92, it reminded us all of what we truly love about baseball. Hall of Famer Stanley Frank Musial, humble and scandal-free to the end, ground out impressive records day in and day out, just by performing his job. He...
Are Your Company’s Business Records Up-to-Date?
It happened again. The pesky problem of keeping business records up to date with the Missouri Secretary of State's Office resulted in a default judgment of $9.7 million, which mushroomed to over $11 million by the time the successful plaintiff got around to collecting...
A Soft Landing From the Fiscal Cliff; Tax Highlights of the American Taxpayer Relief Act of 2012
In a move to avoid the fiscal cliff, the U.S. Senate, early on the morning of January 1, 2013, overwhelmingly passed a compromise bill, H.R. 8, the American Taxpayer Relief Act of 2012 ("ATRA"), to extend and replace numerous provisions of the Internal Revenue Code,...
End-of-Year Tax Planning—Avoiding a Free-Fall Off the Fiscal Cliff; How to Rappel to a Softer Landing
As 2012 draws to a close, it's important to look at the significant changes that will be made to the Internal Revenue Code ("Tax Code") beginning in 2013, short of an agreement between the White House and Congress. These changes include the expiration of the 2001 and...
Appeals Court Says Nurse Entitled to Jury trial for FMLA Claim
The Eighth Circuit Court of Appeals, which includes Missouri in its jurisdiction, has ruled that a jury could conclude that a nurse satisfied the Family Medical Leave Act's notice requirement by providing notice of her need for medical leave "as soon as was...
Not Letting That Sales Lead Languish
I made an overture to a relative of mine in another state inquiring whether or not they knew someone who might be able to get us some information to access a fund in that state to relocate, or start a new, manufacturing plant in that state. I emailed my relative on...
Think Before You Act: Criminal Activity Affects More Than Just Your Criminal Record
As we know, criminal activity has consequences. What may not be understood is the collateral consequences of criminal activity. Besides the possibility of imprisonment, fine and the tarnish of a conviction, conviction can also jeopardize or derail your trade or...
“But For” Causation Test Improper Under MHRA Cases
In July 2008, Laura Thomas and Adaire Stewart (the “plaintiffs”) were discharged from their employment with McKeever’s Price Chopper (“McKeever’s”). At the time, both plaintiffs were over the age of forty. In August 2009, the plaintiffs filed separate suits against...