Corporations and limited liability companies are oft-utilized because they generally insulate the owners of the business from business liabilities. A “corporation is regarded as a wholly and separate legal entity, distinct from the members who compose it.” Blanks v. Fluor Corp., 450 S.W.3d 308, 375 (Mo. Ct. App. 2014). An exception to this rule is…
Legal Articles
Ultra Vires Actions, Corporate & Business Litigation
There’s a general principle in corporate and business litigation — the “business judgment rule” — which generally means that courts will not interfere in the management of the internal affairs of a corporation. Golden v. St. Joseph Milke Producers’ Association, 420 S.W.2d 31, 33 (Mo. Ct. App. 1967). For the Court to intervene, there must be…
Corporate Provisional Directors
Corporate litigation and disputes can often lead to unintended consequences. Section 351.323, RSMo discusses a scenario in which the court may appoint a third-party provisional director of a corporation when there is an (a) even number of directors who are equally divided so that business can no longer be conducted and/or (b) when there is…
Business, Corporate, Contract Disputes
We handle disputes involving businesses of all sizes and contracts of all nature. Because such disputes can often have major consequences — both financially and in terms of how a business is run — we handle protracted litigation to reach a favorable resolution for clients. From trade secret disputes, to securities litigation, real estate disputes,…
Business/Corporate Litigation Missouri
We represent both plaintiffs and defendants in general business and corporate litigation. This includes disputes concerning business entities, contracts, shareholder agreements, business property, securities violations, trade secrets, partnership agreements, etc. We can assist you in navigating through disputes to reach a prompt judicial resolution — or assist you in drafting documentation and creating legal entities…
Corporate Bylaws & LLC Operating Agreements: Business Start-ups
Corporate bylaws and LLC operating agreements are the legal core of corporations and limited liability companies, respectively. While Articles of Incorporation and Articles of Organization are the documents filed with the Missouri Secretary of State which give legal life to the business entities, the bylaws and operating agreement structure the business and make substantive determinations…
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…
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…
Corporate/Business Attorney: Free Consultations
Corporate/business/commercial law is a broad area of practice. It includes such things as entity selection (Limited Liability Companies, Partnerships, Professional Corporations, Corporations) and the creation of documents to aid in business governance and operation (Articles of Organization, Operating Agreements, Subscription Agreements, Buy/Sell Agreements). Furthermore, as is often the case for business owners, a business entity…