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Litigation


Keeping Corporate Records: Is it Time to Prepare Minutes?
If you are an officer or director of a corporation or other business entity, you've undoubtedly been advised to maintain the corporate separateness of your business. If you haven't, let us so advise...

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Stuck in Litigation Over a Non-Compete Agreement with Time Ticking? Know Your Rights and Liabilities
It seems like a simple notion: a restrictive covenant only works if it takes effect during the time period mandated by the covenant. For instance, a two-year covenant not-to-compete must be declared...

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Janus Knows Litigation
January derives its name from Janus, a two-faced god from ancient Rome, who looks to both the future and the past. Having long retired from his days as the ruler of Latium, Janus today demonstrates...

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Negotiating, and Defenses to, Personal Guaranties
One of the dreaded documents any business owner faces in a deal is the "personal guaranty." After all, the business owner went through the steps to incorporate or organize their business just to...

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“Christmas Day” – Sued in Federal Court!
At this time of the year everyone begins to get into the holiday season, looking forward to that special day off, Christmas. However, did you know that Christmas was not always celebrated in the...

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The Large Print Giveth; And The Small Print Taketh Away or Contract Legal Damages: What are they?
We've all done it. Signed a contract, whether with the home improvement company, for a new set of tires or service on our automobile, or for a home entertainment center. The contract that we just...

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Good Fences Make for Good Neighbors; Bad Fences Make for . . .
Imagine your neighbor erecting an eight foot high tin fence, spray painted with pictures, phrases and other graffiti along the entire length of your property line. Also imagine that this fence has...

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A Gift in Contemplation of Marriage or “Who Gets the Engagement Ring if the Relationship Falls Apart Before the Wedding”
Winter is behind us and the flowers are in bloom which could mean that love is in the air and the wedding season is about to get in high gear. However, as relationships sometimes go, what if the...

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Piercing the “Veil” of a Company’s “Limited Liability”or Looking Through the Entity to Hold Owners Liable for a Company’s Debts
A recent Missouri Court of Appeals case out of the Eastern District of Missouri now gives us an indication of how the Missouri courts will approach the issue of piercing the “corporate veil” of a...

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“Accord and Satisfaction” or “How a Notation on a Check Can (Sometimes Unwittingly) Resolve a Payment Dispute”
Imagine you are a supplier of goods or services and have a customer who remits a check for an invoice, which is less than the amount of the invoice, and included on the check is wording to the effect...

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