• The Best Lawyers in America^® | Commercial Litigation; Litigation – Construction, St. Louis (2023 – Present)
• Milton F. Napier Award for Excellence in Trial Advocacy—The Lawyers Association of St. Louis
• AV Rating (highest) from Martindale-Hubbell

Educational Background

• J.D., Washington University School of Law (1994)
• B.A., New Mexico State University, with honors (1990)

Published Decisions

• Fisher v. 10451 Manchester, Inc., 204 S.W.3d 696 (Mo. App. E.D. 2006)
• Ram Financial, LLC v. Americon, LLC, 487 S.W.3d 491 (Mo. App. E.D. 2016)
• Fox Plumbing Supply, Inc. v. Kootman, 955 S.W.2d 220 (Mo. App. E.D. 1997)
• 8000 Maryland, LLC v. Huntleigh Financial Services Inc., 292 S.W.3d 439 (Mo. App. E.D. 2009)
• Frontenac Bank v. T.R. Hughes, Inc., 404 S.W.3d 272 (Mo. App. E.D. 2012)
• Doe v. TCI Cablevision, 110 S.W.3d 363 (Mo. 2003)

Representations

• Thomas Avery and Steve Hoeplinger won a complex litigation matter in Delaware Superior Court, representing a property developer and its principals in a dispute with an investor. After unforeseen issues arose with the property, the investor sued on a personal guaranty given by our clients, attempting to recover for additional funds it put into the development. Avery and Hoeplinger argued that, under the terms of the company’s operating agreement, the investor agreed that if it made extra capital contributions (as was the case here), it would be automatically compensated in the form of an increased ownership percentage of the company. The court agreed, holding that because the investor had agreed to those terms in the operating agreement, it could not recover the extra money it paid into the company under the guaranty. The case is Massandra Capital IV, LLC v. CEAI Aspen Place Manager, LLC, No. N23C-10-136, 2024 WL 3411813 (Del. Super. July 25, 2024).

Speaking Engagements

• Facts and Friction: Straight Talk about when Projects Go Sideways. Construction Specifications Institute | Greater St. Louis Chapter. St. Louis, MO. (2022)

Firm Programs

• 99 Problems and The IRS is Only One. Capes Sokol Tax Controversy Symposium. St. Louis, MO. (2020)

Firm Insights

• Three Factors to Consider in Forbearance Agreements: Waiver of Claims, Additional Collateral & Actual Forbearance by the Bank

• CARES Act: Paycheck Protection Program Provides Small Businesses an Opportunity for Relief

• COVID-19 Construction Contract Considerations

• Three Critical Aspects of Personal Guarantees on Business Loans

Bar & Court Admissions

• Missouri
• Illinois
• U.S. District Courts
  • Eastern District of Missouri
  • Southern District of Illinois

Current Leadership Positions

• Central Presbyterian Church | Member
• Westminster Christian Academy | Board of Directors

Past Leadership Positions

• Central Christian School Board | Board of Directors
• St. Louis County Jail – Volunteer Program | Participant

Civic & Community

• Westminster Christian Academy
• Central Presbyterian Church