A Gift in Contemplation of Marriage or “Who Gets the Engagement Ring if the Relationship Falls Apart Before the Wedding”

by David P. Weiss | Mar 16, 2006 | Litigation

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...

Piercing the “Veil” of a Company’s “Limited Liability”or Looking Through the Entity to Hold Owners Liable for a Company’s Debts

by e-LawLines | Jan 16, 2006 | Corporate Law, Litigation, Small Business Law

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”

by e-LawLines | Dec 1, 2005 | Commercial Law, Contract Law, Litigation

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...

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

by e-LawLines | Oct 16, 2005 | Commercial Law, Corporate Law, Litigation, Small Business Law

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

by e-LawLines | Sep 16, 2005 | Contract Law, Corporate Law, Employment Law, Litigation, Small Business Law

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...

“Disposal of ‘Consumer Information’ Regulations or ‘Getting a Leg Up on Identity Theft’”

by e-LawLines | Jun 16, 2005 | Commercial Law, Contract Law, Corporate Law, Litigation, Small Business Law

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...