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Computer Tampering, Trade Secrets

One common area of business disputes is to what extent non-compete, non-solicitation and confidentiality provisions are enforceable and valid when an employee leaves an employer. Related disputes pertaining to whether an employee breaches his or her duty of loyalty by going beyond merely preparing to leave and engages in direct competition are also common. This […]

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Employee Duty of Loyalty

In Missouri — even without an employment contract, non-compete agreement, non-solicitation agreement or confidentiality agreement — an employee owes his/her employer a duty of loyalty. Western Blue Print Co., LLC v. Roberts, 367 S.W.3d 7, 15 (Mo. 2012). What this generally means is that an employee cannot work directly against his/her employer’s interests. At the same […]

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Trustee Loyalty, Administration, Business Transactions

A trustee has a fiduciary duty of loyalty in administering a trust. In the context of litigation, “the presumption is that a trustee has acted in good faith and the burden is on the one questioning his [or her] actions and seeking to establish a breach of trust to prove the contrary.” Jarvis v. Boatmen’s Nat’l bank […]

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Fiduciary Duties of a Trustee

Not too long ago I was sitting with an elderly client explaining as best I could the choices he would have to make in his estate plan. This particular client chose to pursue a trust-centered estate plan. When it came to the choice of trustee — the individual/entity who manages the property — he asked […]

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