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Monthly Archives: November 2011

Powers of Attorney

A power of attorney is a legal instrument where one person (a principal) grants consent authorizing another person (agent/attorney-in-fact) to act on the principal’s behalf. At the onset, it’s important to realize that a power of attorney is not a will or a trust in that it cannot dispose of property after the principal passes […]

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Trade Secrets: Business/Commercial Litigation/Disputes

Trade secret disputes usually involves high dollar litigation. Defining what constitutes a “trade secret” is a difficult trick. In broad, plain terms, trade secrets are pieces of information or documentation which are a given business’s work product and which it uses to compete in a particular marketplace. In more precise terms, the Missouri Uniform Trade […]

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Traffic Tickets

Traffic tickets happen. Whether in the form of a speeding citation, stop sign violation, failure to yield, or failure to properly display insurance, most individuals will — at some point in their driving career — receive at least one citation. It is paramount, however, to have an attorney handle these tickets. In my experience, many […]

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Civil Contempt of Court

Civil contempt is when a movant asks the Court to hold another in violation of a court order. To establish a prima facie case of civil contempt, the complaining party must prove (1) the contemnor’s obligation to perform or refrain from an action as required by the decree; and (2) the contemnor’s failure to meet […]

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Funding Buy/Sell Agreements — Purchase & Restrictive Transfer Agreements

“Buy/Sell Agreements” are internal contracts between members, shareholders or owners of a business that spell out what happens to the shares of a departing business owner. They are designed to address and mitigate the business problems that arise when one of the owners of a business dies, retires, becomes disabled or departs. One of the […]

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Testamentary Trust for Children

Because of the cost and sometimes complicated nature of a revocable living trust, some clients find it preferable to create a testamentary trust, particularly if he or she has minor children. A testamentary trust is a trust created under a will. As such, because wills generally go to probate, the will would need to be […]

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Personal Guarantees, Unsecured & Secured Debts/Loans

Personal Guarantees, secured loans, and unsecured loans are commonplace in business. What are they? Personal guarantees are sometimes viewed as anathema by the business owner. Yet, in many cases, a creditor will insist on a personal guarantee with the business owner (and his/her spouse to circumvent the tenancy by the entirety problem) before executing a […]

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Division of Property in a Divorce: Marital and Nonmarital Property

In a Divorce in Missouri, a Court is charged with determining whether property is “marital” or “nonmarital.” The Court must then set apart to each spouse his or her nonmarital property. The marital property is divided as the Court deems just after considering all relevant factors. As such, nonmarital property is not subject to division, […]

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Litigation Attorney: Saint Louis

Litigation refers to the process where a plaintiff institutes a proceeding in a pertinent court of law and requests legal or equitable relief against a defendant. What’s the difference between legal and equitable relief? Legal relief is money damages. Equitable relief is when the Court enters Orders or Decrees directing someone to either act or […]

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Saint Louis Business Attorney

We offer free consultations for  business entity formation (corporations, partnerships, limited liability companies, sole proprietorships, fictitious names), business governance, business/commercial compliance, business dispute resolution, and commercial litigation. We work frequently in contract law, and, therefore, handle contract formation, breach of contract , and contract amendments. Contact us for a free consultation for your business or […]

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