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Legal Articles

Copyright Protection, Litigation; Intellectual Property

A copyright is a type of intellectual property. “Original works of authorship fixed in any tangible medium of expression…from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device” may be the subject of copyright. Dryer v. National Football League, 814 F.3d 938, 942 (8th […]

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Can you sue for a HIPAA violation?

The Health Insurance Portability and Accountability Act (“HIPAA”) imposed an enormous amount of requirements on healthcare providers and other “covered entities” when managing and handling a patient’s healthcare information. Strict compliance is required with HIPAA’s privacy rule, compliance with which generally requires a HIPAA waiver or authorization from the patient. The consequences for violating HIPAA […]

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Legitimate Business Interests, Non-Compete Agreements

Non-compete contracts are enforceable if they are reasonable, meaning they can be “no more restrictive than is necessary to protect the legitimate interest of the employer.” Healthcare Servs. of the Ozarks, Inc. v. Copeland, 198 S.W.3d 604, 610 (Mo. 2006). Therefore, a non-compete contracted must be limited geographically and temporally. Id. What constitutes a “legitimate […]

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Expert Witness Testimony and Opinion

Section 490.065, RSMo increased the standard for the admissibility of expert witness testimony in Missouri. The legislation took effect in 2017 to combat what was perceived to be low standards for expert testimony and high jury verdicts in favor of plaintiffs on medical malpractice and/or product liability claims. The new law brings Missouri’s expert witness […]

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When you may be Personally Liable for LLC or Corporate Debt

One of the main benefits to forming a limited liability company or corporation is that the owners of the company are usually not personally responsible for the debts of the busness. There are exceptions to this general rule. First and foremost, if there is a personal guarantee for a business debt, then the personal guarantor […]

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Corporate Derivative Shareholder Claims, Beneficiary Trust Claims

With corporations, the directors and officers manage the corporation for the benefit of the shareholders. With trusts, the trustees manage the trust for the benefit of the beneficiaries. When a corporate officer/director commits a wrong against the corporation, or causes another injury to the corporation, a shareholder can bring a derivative on behalf of the […]

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Compulsory Counterclaims

A common defense manuever in civil litigation is to file a counterclaim against the plaintiff. Practically, it may put the plaintiff on the back foot with now having to defend a suit and strategically exposes them to potential unanticipated risk/liabilities. Legally, it is sometimes necessary for a defendant to file the counterclaim under the compulsory […]

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Conversion, Cash

Conversion is the unauthorized assumption of the right of ownership over the personal property of another to the exclusion of the owner’s rights. Hunt v. Estate of Hunt, 348 S.W.3d 103, 113 (Mo. Ct. App. 2011). It may be shown in three ways: (1) tortious taking; (2) any use or appropriation to the use of […]

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Independent Contractor versus Employee

The distinction between an independent contractor and employee is not always clear. Legally, it is important for at least two reasons: first, an employer is usually not responsible for any FICA or unemployment taxes for compensation paid to an independent contractor; and, second, an employer is generally not vicariously liable for wrongs committed by an […]

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