Articles
HAMP Does Not Protect Lenders from State Law Claims from Borrowers
Recently, the Seventh Circuit reversed a U.S. District Court ruling that had previously dismissed a Plaintiff’s lawsuit brought against Wells Fargo Bank. As background, the case involved the Home Affordable Mortgage Program (HAMP), which is a federal program...
A Primer on Guardianship/Conservatorship in Missouri
With the population aging, the onslaught of some of the conditions that come with aging is increasing. The need for a guardian/conservator is more prevalent today than in years past. A guardianship is a legal process whereby one individual is appointed by the Probate...
Keeping Corporate Records: Is it Time to Prepare Minutes?
If you are an officer or director of a corporation or other business entity, you've undoubtedly been advised to maintain the corporate separateness of your business. If you haven't, let us so advise you now (January 16, 2006 Article and October 16, 2007 Article). One...
Missouri Upholds Large Punitive Damages Award in Wrongful Discharge Case
Missouri is an “at-will” employment state, meaning employers generally have the right to terminate employees for any reason or no reason at all, with or without cause. However, the public policy exception to the at-will doctrine provides that an employer may be...
Stuck in Litigation Over a Non-Compete Agreement with Time Ticking? Know Your Rights and Liabilities
It seems like a simple notion: a restrictive covenant only works if it takes effect during the time period mandated by the covenant. For instance, a two-year covenant not-to-compete must be declared enforceable and take effect within the two-year time frame....
Missouri Legislature Endorses the “Motivating Factor” Standard for Workplace Discrimination
By a vote of 89-68, the Missouri House of Representatives today approved a bill that would have a substantial impact on workplace discrimination cases. House Bill 1219 would essentially dismantle the Missouri Human Rights Act (“MHRA”) and substantially increase the...
Companies Should Take Immediate Action to Preserve Electronically Stored Information upon Notice of a Lawsuit
A recent decision by the Western District of Tennessee imposed sanctions on a company for inadequately preserving electronically stored information (“ESI”) after notice of a lawsuit against the company. The holding seems to be in line with the recent trend of other...
Property Ownership by Pass Through Entity
Despite the downturn in the economy, many individuals may see being a landlord as an easy money maker, but there are things that should be considered prior to entering into that first lease. One of the first considerations is whether the property should be owned in a...
Janus Knows Litigation
January derives its name from Janus, a two-faced god from ancient Rome, who looks to both the future and the past. Having long retired from his days as the ruler of Latium, Janus today demonstrates some important lessons about the ins and outs of current-day...
Federal Labor Laws Protect Group Activity through Social Media but not Individual Gripes
Section 7 of the National Labor Relations Act (“NLRA”) provides that “[e]mployees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other...
Statements about an Independent Third Party’s Future Acts do not Constitute Actionable Misrepresentation
On January 23, 2012, the Missouri Court of Appeals issued a decision reaffirming that a party cannot bring a claim for misrepresentation relating to statements, representations or predictions about an independent third party’s future acts. In Massie v. Colvin, et...
Quotable Quotes on the Law and Lawyers
On the east-facing, exterior wall of the City of St. Louis Circuit courthouse, it is written in stone, “Where law ends, Tyranny begins.” That worthy observation is attributed to William Pitt, the one-time Prime Minister of Great Britain in the 1780s. His words are...