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Missouri Court of Appeals Refuses to Apply “Abuse of Discretion” Standard to its Review of a Benefit Denial Despite “Firestone Language”

by e-LawLines | May 25, 2011 | Employment Law, Litigation, Small Business Law

A recent decision by the Missouri Court of Appeals limited the scope of the U.S. Supreme Court’s holding in Firestone Tire & Rubber Co. v. Burch, 489 U.S. 101 (1989).  In Firestone, the Supreme Court held that “a denial of benefits challenged under § 1132(a)(1)(B)...

COBRA: Compliance with Employee Benefits Laws; Not the Snake in the Grass Kind

by David P. Weiss | Feb 21, 2011 | Employment Law, Small Business Law

When business owners hear the term “COBRA,” most (hopefully) skip past the images of fangs and hissing and think of employee health care benefits, which, come to think of it, have their own type of fangs and hissing. Larger employers usually lean on human...

The “Ordinary” Commercial Lease: A Fallacy. It Doesn’t Exist.

by e-LawLines | Nov 7, 2010 | Contract Law, Corporate Law, Real Estate Law, Small Business Law

“It’s just ordinary lease stuff,” Frank said. After a short pause, he continued, “At least, I think it is.” Frank had just been given a document entitled “Standard Commercial Lease – Net.” He wasn’t an unsophisticated...

Shallow Pockets; the Risk of Undercapitalization

by e-LawLines | Aug 16, 2010 | Corporate Law, Small Business Law

Assuming your company does not have 20 billion dollars stashed away in money reserves like BP Energy, many companies risk inadequate capitalization, or what is also referred to as “thin capitalization.” Inadequate capitalization generally means funding...

My Partner is WHO? – Shareholder Duties and Minority Oppression

by e-LawLines | Jul 16, 2010 | Corporate Law, Small Business Law

It is a nightmare scenario for any small business owner: your partner in business falls through, and you’re stuck working with someone you never intended to. It could happen in a variety of scenarios. Maybe your partner decides they would rather vacation in the...

Rolling the Dice: Business Plans for Start-Ups or, To Be or Not To Be

by e-LawLines | Jun 16, 2010 | Corporate Law, Small Business Law

As small business attorneys for almost 25 years, we have seen many trends, heard many business ideas and have been pitched countless “business opportunities.” During the course of that time, we have consulted on literally thousands of new start-up...
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e-LawLines is published by David P. Weiss, an attorney at law affiliated with Jenkins & Kling, P.C. His practice serves the entire St. Louis metropolitan region, including City of St. Louis, St. Louis, St. Charles, Jefferson, Washington, Franklin and Lincoln counties in Missouri, and Madison and St. Clair counties in Illinois. Learn more about David’s background.

David P. Weiss | 314.561.5078
[email protected]

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