Firm Insights

Litigation

The Power of Mediation: Lessons Learned from the Trenches

Mediation is a powerful and efficient way to resolve conflict by having honest and open communication. …

The Power of Mediation: The Path to Healthy Resolution

In many cases, clients (even the ones who win) wish that they had found an alternative…

BBQ with a Side of Business Interruption: KC Court Finds Restaurant’s COVID-19 Insurance Claim Covered

The path to a business interruption insurance payout for companies shuttered by the COVID-19 pandemic has…

The Brown Recluse and Hope for Pandemic Shuttered Missouri Businesses: Business Interruption Policies May Cover COVID-19 Losses

In one of our prior blogs, we predicted the first round of COVID-19 business interruption coverage…

How a 100-Year Pandemic Causes “Direct Physical Loss” and Triggers Business Interruption Insurance Coverage

Since the outset of the COVID-19 pandemic, the insurance industry has told anyone who will listen…

A Hurricane Named Coronavirus: Why Virus Exclusions May Not Defeat COVID-19 Business Interruption Claims

To put it mildly, many businesses continue to struggle with disruptions caused by the COVID-19 pandemic….

COVID-19 Construction Contract Considerations

Stay-at-home orders and the economic disruption caused by the COVID-19 pandemic have taken their toll on…

Wage and Overtime Basics for the Homebound COVID-19 Workforce

Over the past decade many employers have gradually permitted and, at times, even expected employees to…

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

Business borrowers that find themselves in default on a promissory note or other credit facility may…

The Best Deal in Town: Buying Peace from Excess Litigation by Interpleading Policy Limits

Recent amendments to Missouri’s interpleader statute (RSMo § 507.060) provide significant protection for liability insurers seeking…

Significant Changes to Missouri Trial Practice: Senate Bill No. 7 and Senate Bill No. 224

On Wednesday, Governor Parson signed into law Senate Bill 224, which will bring the Missouri Supreme…

Significant Changes Coming to Missouri Trial Practice: How Senate Bill 224 Falls Short

In this final installment of our four-part series, we analyze areas in which the Missouri Supreme…

Significant Changes Coming to Missouri Trial Practice: Claw Back Procedures

Last week, Capes Sokol’s Litigation Group discussed legislation recently passed by the Missouri Legislature that is…

Significant Changes Coming to Missouri Trial Practice: Discovery Limits

Last week, Capes Sokol’s Litigation Group outlined some potential significant changes to Missouri’s joinder and venue…

Significant Changes Coming to Missouri Trial Practice: Joinder and Venue

The Missouri Legislature concluded its 2019 session with the passage of two bills that, if signed…

Missouri Supreme Court Holds Joinder Cannot Establish Venue

The Missouri Supreme Court has held that permissive joinder of separate claims cannot extend venue to…

Motivated for Change: Missouri’s Employment Discrimination Law Set for Transformation

In response to criticism that Missouri’s employment discrimination law, the Missouri Human Rights Act[1] (“MHRA”), has…

My Muffin Has How Many Calories??? Understanding the New FDA Menu Labeling Requirement

Given the option, many would choose to live in blissful ignorance regarding the number of calories…

Is Less Really More? The Continuing Rise of Slack Fill Litigation

Slack fill litigation against food, beverage and consumer goods producers is flourishing.  The primary allegation in…

Thanks a Latté, Starbucks: A Cautionary Tale of [Allegedly] False Advertising

Starbucks recently was sued in the United States District Court for the Northern District of California…

Trump Campaign Focuses Spotlight on Assault and Battery

On March 8, 2016, following a Trump campaign event at the Trump National Golf Club in…

Five Reasons Why A Lawyer is Vital for Commercial Property Assessment Litigation

Following an unsuccessful Board of Equalization hearing, commercial real estate owners often call upon me to…