Articles
EEOC Increases Scrutiny of Criminal Background Checks for Job Applicants
The Equal Employment Opportunity Commission (EEOC) recently issued a Strategic Enforcement Plan which lists as one of its priorities "Eliminating Barriers in Recruitment and Hiring." This priority includes legal challenges to policies and practices that exclude...
Condo Owner Windfall of Over $500,000? Court Says “Not So Fast”
The Missouri Court of Appeals ruled in a recent case that the unit owners of a condominium building were not entitled to excess insurance proceeds remaining after their building was reconstructed. One of multiple buildings making up The Willows on the Lake...
The Eastern District Says “No” to Absolute Invocation of the Privilege Against Self-Incrimination
From start to finish, a lawsuit is a difficult, expensive and lengthy process. What most people do not understand is that the lawsuit itself is only the first of two phases. The next phase, the collection phase, can be just as lengthy and just as difficult. The reason...
U.S. Census surveys — Do I really need to fill those out?
The U.S. Census Bureau sends out surveys to different businesses each year. And just as sure as the sun rises in the east, we will hear from one of our small-business clients, questioning whether they need to take the time to complete the survey. Unfortunately, or...
Starting Over; Homeowners’ Association Gets a Second Chance
More often than you may think, a subdivision's homeowners' association ("HOA") or condominium owners' association finds that its original charter as a Missouri nonprofit corporation has been revoked by the Missouri Secretary of State (generally for failure to file the...
Can a LinkedIn Group Established as a Private Online Community Constitute a Trade Secret?
The modern legal issue of balancing privacy rights and the use of social media sites continues to be determined by emerging cases, such as the one faced recently by a federal court in Illinois concerning a LinkedIn group. In that matter, a company offered a variety of...
Turning Fifty? Welcome to the FMLA
Hitting the big 50, not with birthday candles but with a total number of employees, triggers the start of a company's obligations under the Family Medical Leave Act (FMLA). With the recent trend of increased hiring in the U.S. economy, now is the time to begin...
Can Routine Employment Discrimination Justify an Award of Punitive Damages? Missouri Says “Yes”
In a recent case before the Missouri Court of Appeals, O'Reilly Automotive Stores, Inc. ("O'Reilly") appealed the judgment of the trial court in an action under the Missouri Human Rights Act for employment discrimination based on disability. The evidence established...
Heads Up, I Win; Tails Up, You Lose. Did Both Parties Really Agree to Arbitration?
It's a simple concept on its face: To be binding, an arbitration agreement must contain mutual promises by both parties to arbitrate their claims. But if one party to an employment contract excepts one or more types of claims from arbitration, is there mutuality,...
The Law of the Beehive: Drones Create New Legal Buzz
Coming soon to the sky near you may be a modern-day honeybee, aka an unmanned aerial vehicle (UAV), the official name of a "drone." UAVs have made an important appearance at each of these recent events: The great Boston blizzard of 2015 A fire at a peanut factory in...
We Just Can’t Help It. We’re All In!
When we decided to open a second location to complement our downtown office, Chesterfield was a natural choice. Once that business decision was made, well, simply sticking our toe in the water to test the temperature has never been our style. If our firm decides to...
Special Circumstances Justify an Award of Attorneys’ Fees in Declaratory Judgment Action
A Missouri statutory provision defining "costs" recovery upon conclusion of litigation includes the right to recover attorneys' fees when special circumstances exist. This statutory provision was recently relied upon in a case of an easement which created a driveway....