Mar 26, 2017
Kokesh v. SEC: Implications for the Statute of Limitations for Missouri Securities Enforcement Actions
Kokesh v. SEC, Docket No. 16-529 (oral argument date April 18, 2017) – Implications for the Statute of Limitations for Missouri State Securities Enforcement Actions. By John R. Phillips, Counsel for Cosgrove Law Group, LLC and former Director of Enforcement for the Missouri Securities Division, Office of the Secretary of State.
Oct 18, 2016
Embezzlement can be found at the root of both criminal and civil litigation.
Jul 12, 2016
Employment contracts contain some type of non-compete and/or non-solicitation agreement that places restrictions on the employee after leaving employment.
Jun 14, 2016
Generally, an employer may discharge an employee for any reason or no reason at all so long as doing so does not run afoul of various anti-discrimination laws.
May 17, 2016
The U.S. Court of Appeals for the Eighth Circuit rejected the appeals of two former Los Angeles County Sheriff’s deputies.
Apr 18, 2016
James Moscow was born at Langley Air Force Base. Both of his parents were serving on active duty at the time of his birth.
Apr 15, 2016
Class action investors recently won a partial victory against Dolan Company in the 8th Circuit Court of Appeals.
Apr 15, 2016
After much nail-biting by many in the industry, the Department of Labor (DOL) recently released its anticipated and long-awaited final fiduciary rule.
Apr 07, 2016
In M.J. v. Wisan, 2016 WL 1165669, the Utah Supreme Court recently held that a trust could be held liable for the tortious conduct of Warren Jeffs.
Mar 22, 2016
Deadlines and the failure to meet them are at the heart of a substantial portion of malpractice claims against lawyers.
Mar 04, 2016
Medical malpractice cases based upon labor and delivery events are a world unto themselves.
Feb 29, 2016
A primary focus of estate planning is passing one’s assets to his or her descendants.
Feb 17, 2016
We tend to let our guards down once we nestle in to a hotel or resort. We frequently try new adventures.
Feb 16, 2016
As Missouri’s population ages, financial abuse of the elderly and disabled has become an increasing concern.
Feb 15, 2016
In a case involving a plaintiff who is not a public figure, a prima facie case of defamation requires proof of four distinct elements.
Feb 02, 2016
Arbitration clauses have become increasingly prevalent in consumer contracts.
Jan 18, 2016
Recently, the SEC announced a whistleblower award of at least $325,000 to a former employee of an investment firm.
Jan 05, 2016
Ex-broker Jose Alejandro Hurtado was sentenced to three years in prison for his role in a $60 million bribery scheme after pleading guilty in 2013.
Dec 04, 2015
In DeLaRosa v. Farmers State Bank, 2015 WL 6917407, the Missouri Court of Appeals recently held a bank liable for the misappropriation of funds from an estate.
Nov 24, 2015
An attorney argued to the Delaware Supreme Court that the activities of corporate directors could not be monitored by bankers giving investment advice.
Nov 06, 2015
In establishing trusts, trust creators commonly appoint more than one trustee - frequently an individual trustee and an institutional trustee.
Nov 04, 2015
The power of the False Claims Act (FCA) has been on full display, as of late.
Oct 26, 2015
It isn’t pleasant or easy to bring a professional liability claim against a fellow attorney.
Oct 19, 2015
First, a statement of the obvious: State and federal governmental agencies do not confine their enforcement efforts to domestic entities.
Sep 30, 2015
A fundamental duty of any trustee is to ensure that beneficiaries are kept apprised of the status of the trust and its administration.
Sep 23, 2015
Trustees who faithfully and properly perform their duties are entitled to compensation.
Sep 18, 2015
On September 9, 2015, Deputy Atty General Sally Quillian Yates drafted a Memorandum directed to nine high ranking officials with the Department of Justice.
Aug 31, 2015
On July 2, 2015, the Fifth Circuit of the United States Court of Appeals struck a blow against overzealous government prosecutions.
Aug 30, 2015
In a surprisingly unanimous decision, the Third Circuit held that the FTC could move forward on a deceptive practices claim against Wydham Worldwide Corp.
Jul 13, 2015
Disputes between or among corporate officers, directors and shareholders of closely-held businesses are all too common.
May 15, 2015
“Do cops lie?” was a question I heard frequently during my days as a prosecutor in the City of St. Louis.
May 11, 2015
A plaintiff’s attorney who works on a contingent matter on behalf a law firm shouldn’t expect to receive a portion of case fees after they leave the firm.
Apr 20, 2015
Trusts often contain provisions that seek to limit the trustee’s liability for violations of his or her duties.
Mar 31, 2015
Many drivers may be unaware that the ability to recover for a traffic accident caused by someone else does not begin and end with the insurance coverage of the party at fault.
Mar 25, 2015
Both the plaintiff and the defendants took a trial court’s key pre-trial rulings to the Michigan Court of Appeals.
Mar 23, 2015
With the Baby Boom generation reaching mature adulthood, more assets are being held in trusts than ever before.
Feb 22, 2015
It is well known that most states recognize “at will employment.”
Jan 26, 2015
Winston Churchill supposedly once uttered that a lie gets halfway around the world before the truth has a chance to get its pants on.
Dec 02, 2014
At first blush, the prospect of recovering punitive damages in a Maryland defamation claim can seem daunting, at best.
Dec 01, 2014
Late last month, the Michigan Court of Appeals affirmed, in part, a set-off reduced verdict of over $1.3 million against an insurance company.
Nov 11, 2014
For many of us, being asked to sign contracts and other documents is something we encounter more frequently that we would prefer.
Sep 19, 2014
A real estate agent has a duty to communicate accurate information. See Zimmerman, 156 Ill. App. 3d at 162.
Sep 12, 2014
The 8th Circuit Court of Appeals ruled that the tolling provision in a state Tort Claims Act would not apply in order to save a claim from the statute of limitations for state personal injury claims.
Aug 01, 2014
Constitutional Amendment 1, creates a broad right to “engage in farming and ranching practices.”
Jul 29, 2014
According to a variety of authorities, the fiduciary duty for registered investment advisers and their representatives includes a subset of responsibilities.
Jul 24, 2014
Broker-Dealer agents and Investment Adviser Representatives frequently sign a host of legal documents when they join up with a B/D or RIA.
Jun 01, 2014
A couple of years back, I took the deposition of a billionaire CEO. Despite almost 25 years of litigation experience, it was a pretty unusual event.
May 28, 2014
In 1958, the Judicial Conference of the United States approved the creation of the Committee on Rules of Practice and Procedure.
Apr 08, 2014
It’s tax season and while most taxpayers get a refund from the government, some will owe money.
Apr 05, 2014
MO adopted Section 551 of the Restatement Torts that under some circumstances a person’s failure to disclose info constitutes a positive misrepresentation.
Feb 25, 2014
Plaintiff filed suit against Cook County, IL and doctors for failure to perform prenatal tests to detect/diagnose anatomical abnormalities in unborn child.
Feb 20, 2014
Assisted living facilities confront a broad spectrum of legal issues in the normal course of their business.
Feb 10, 2014
In September of 2007, Dalton Johnson was admitted to the Braintree Manor Rehabilitation and Nursing Center.
Dec 20, 2013
The survivors of those who died tragically have netted mixed results in courts around the nation over the last few weeks.
Dec 11, 2013
The Kentucky Court of Appeals awarded $1,450,000 in punitive damages despite the jury assessing comparative fault of 25% against the Estate’s decedent.
Dec 04, 2013
In September, the United States Sentencing Commission issued its most recent edition of the Guidelines Manual for the Federal Sentencing Guidelines.
Dec 04, 2013
An increasing number of businesses are hiring independent contractors to perform services, a relationship attractive to many companies for various reasons.
Dec 02, 2013
This is a general overview of the dozens of state statutes specifically applicable to the retail sale of precious metals.
Dec 02, 2013
Employment contracts often contain types of non-compete and/or non-solicitation agreements that place restrictions on employees after leaving employment.
Oct 10, 2013
This article will discuss how damages are determined once the proper parties are in place.
Sep 19, 2013
If a family member died due to the fault of another, how can one determine who can bring an action against the party liable for the family member’s death?
Sep 05, 2013
When a seller of a property makes representations of the property’s value, a buyer typically discounts those statements.
Jul 22, 2013
The music finally stopped last week, and the dancers parted way.
Jul 16, 2013
Missouri law sets forth specific requirements that must be met before an individual can obtain expungement of his or her arrest records.
Apr 15, 2013
If parties to a lawsuit dispute whether a valid settlement agreement was entered into, the party purporting that an agreement was made may file a motion to enforce the agreement with the court.
Apr 05, 2013
Let’s start this off-beat blog post with a confession: I am a Type-A+ attorney.
Mar 05, 2013
Congress enacted I.R.C. § 4958 to provide for intermediate sanctions in lieu of harsher penalty of revoking tax-exempt status of non-profit organizations.
Jan 14, 2013
Last year marked a record setting year for the Justice Department’s (“DOJ”) recovery from companies that filed false claims against the government.
Dec 03, 2012
In Between a Rock and a Hard Place – State Courts’ Public Policy v. the United States Supreme Court’s strict interpretation of the FAA.
Oct 16, 2012
Since its creation in December 1997, the Benistar 419 Plan, has brought much scrutiny to the tax interpretation of 419 plans.
Oct 10, 2012
Drafting a petition for Writ of Certiorari to the United States Supreme Court in a case we have against Fisher Investments, Inc.
Aug 27, 2012
Short-sellers Avoid Liability in New York State Court for Defamation, Trade Libel and Unjust Enrichment
The stock of silver producer Silvercorp Metals, Inc. (“Silvercorp”) trades on the New York and Toronto stock exchanges.
Jul 16, 2012
Missouri Supreme Court found, in a 5-2 decision, that a hospital employee who broke her pelvis while making coffee is not covered by workers’ compensation.
Jun 02, 2012
Use Common Sense and Heed Your Industry’s Respective Rules and Regulations When Communicating Through Social Media Forums
It seems like every week I read an article that offers tips about how business professionals should use (or not use) social media.
May 23, 2012
Mark May was the sole director and president of Maranatha Financial Group, a financial advisory firm in Dayton, Ohio.
Apr 27, 2012
When is a limited liability company member liable for the tortuous conduct of the limited liability company?
Mar 16, 2012
Defamation is a false statement, communicated to others, that gives a negative impression of a person, group, or entity.
Feb 10, 2012
A judge in the federal court in St. Louis found herself ordering signatures, hearings and discovery in a wrongful death case that had already been settled.
Jan 06, 2012
Interested in Historical parallels between the alleged causes and political responses to the economic crises of 1929 – 1934 and 2008 – 2012?
Jan 04, 2012
The idea behind the Missouri workers’ compensation statute is to create a no-fault compensation system.
Dec 19, 2011
Deputy Scott J. Beine (“Beine”) worked for the St. Charles County Sheriff’s Department (“Employer”) from 1997 until July 7, 2008.
Dec 04, 2011
According to the Certified Financial Planner’s website, the CFP Board opened 1,472 disciplinary cases in 2010.
Oct 19, 2011
Mold is a type of fungi that reproduces by releasing tiny spores which travel through indoor or outdoor air.
Oct 10, 2011
It is important to understand the nature of a warranty and the difference between a warranty and any other type of contractual representation or promise.
Oct 06, 2011
In Missouri, defendants almost always seek to preclude evidence of prior incidents involving the defendant on the basis that such evidence is irrelevant and prejudicial.
Oct 05, 2011
At the core of most law suits is one common element: money.
Oct 05, 2011
It is well-established in Illinois that a movant is entitled to summary judgment if no genuine issue of material fact exists and the moving party establishes a right to judgment as a matter of law.
Sep 30, 2011
It has been one month since the Missouri Supreme Court began its pilot for electronic filing.