Articles
A Gift in Contemplation of Marriage or “Who Gets the Engagement Ring if the Relationship Falls Apart Before the Wedding”
Winter is behind us and the flowers are in bloom which could mean that love is in the air and the wedding season is about to get in high gear. However, as relationships sometimes go, what if the engagement ends without a wedding? The question becomes who gets the...
Consequences of Doing Business in Other States Without Qualifying
When a business entity does business in a state other than in its state of organization, the business entity may be required to “qualify.” Qualify means nothing more than obtaining a certificate of authority and appointing a resident agent upon whom legal process may...
Piercing the “Veil” of a Company’s “Limited Liability”or Looking Through the Entity to Hold Owners Liable for a Company’s Debts
A recent Missouri Court of Appeals case out of the Eastern District of Missouri now gives us an indication of how the Missouri courts will approach the issue of piercing the “corporate veil” of a limited liability company. The case is Mobius Management Systems, Inc....
“Accord and Satisfaction” or “How a Notation on a Check Can (Sometimes Unwittingly) Resolve a Payment Dispute”
Imagine you are a supplier of goods or services and have a customer who remits a check for an invoice, which is less than the amount of the invoice, and included on the check is wording to the effect “this check is payment in full and in full and final satisfaction of...
“Business Insurance Coverages: Protecting Both Your and Your Company’s Wealth”
Incorporating or electing to conduct business in another statutory business form, such as a limited liability company, can do much to protect your personal assets from being called upon to satisfy a company liability. However, the limitation of liability afforded by...
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
As you may already have read, or at least heard, Congress enacted legislation which substantially revised the Bankruptcy Code. The new law is generally effective as to bankruptcy cases filed on or after October 17, 2005. The Bankruptcy code is divided into Chapters....
Employee’s Duty of Loyalty
A few months ago, the Missouri Supreme Court issued its latest opinion concerning the duty of loyalty that an employee owes an employer. The case is Scanwell Freight Express STL, Inc. vs. Chan. Scanwell continues the long progeny of cases which commenced with National...
New 2005 Missouri Legislation
The following article deals with selected pieces of legislation passed by the Missouri Legislature at its session just ended in May, 2005 and signed into law as of July 14, 2005 by Governor Blunt. More information on these selected and other legislative topics may be...
“Disposal of ‘Consumer Information’ Regulations or ‘Getting a Leg Up on Identity Theft’”
In December 2003 the Fair and Accurate Credit Transactions Act was passed (“FACTA”). FACTA is a federal law designed to minimize the risk of identity theft and consumer fraud created by improper disposal of consumer information. Under FACTA, the Federal Trade...
Proper Use of Advance Directives Beyond End-of-Life Decisions in Missouri
In the media today, much emphasis has been placed on using “Advance Health Care Directives” to aid in making end-of-life decisions after a person is incapacitated. However, little is commonly known about the different types of advance directives available or the one...
Weiss Attorneys at Law Attorney Featured in News Broadcast Regarding SLAPP Suits
Recently, we were selected by a local television station to comment on a Missouri Court of Appeals decision upholding the dismissal of a “SLAPP” suit. SLAPP is an acronym for Strategic Lawsuits Against Public Participation. Although the Missouri Legislature passed a...
Buy-Sell Agreements Can Provide Protection for You and Your Family
A buy-sell agreement, by whatever name utilized, satisfies a two-fold purpose. First, the party who is selling their interest retains a liquidity for their investment, while secondly, the remaining owners control the identity of the ownership group, thus maintaining a...