Transactional Legal Malpractice Cannot Be Shown By Speculative Better Deal
This summer’s decision by the Missouri Supreme Court in Nail v. Husch Blackwell Sanders illustrates the inherent difficulty a legal malpractice plaintiff faces when trying to prove causation in a transactional case. In Nail, the court held that the plaintiff failed to show that, but for the law firm’s allegedly negligent drafting...
Erin M. Leach Joins the Firm as an Associate Attorney
The Firm announced today that Erin M. Leach has become associated with the Firm. Her practice focuses on business and employment litigation, employment law and education law. She is licensed to practice law in Missouri.
Ms. Leach earned her J.D. cum laude from the University of Missouri in 2014 and B.S....
Robert Useted and Tom Durphy make presentation to MO School Boards
Robert Useted and Tom Durphy made a presentation about student dress codes at the Missouri School Boards’ Association conference.
Missouri Supreme Court: At-Will Employment Not Sufficient Consideration for Arbitration Agreement
The Supreme Court of Missouri’s primary holding in a 4-3 decision last week in Baker v. Bristol Care, Inc., is that continuing at-will employment does not constitute consideration to make an arbitration agreement enforceable. This holding may negatively impact some Missouri employers’ ability to enforce current arbitration agreements with...
Joint Employer Status with Temporary Employment Agency Under Missouri’s Minimum Wage Law
In Tolentino v. Starwood Hotels & Resorts Worldwide, Inc., the Supreme Court of Missouri held that an employer that contracts to receive employees from a temporary employment agency (“temporary agency”) may be held liable as a joint employer with that temporary agency for the temporary agency’s violation of...
Bob Murray and Jeremy Shook Win Second Case for Law Firm Defendant
Bob Murray and Jeremy Shook won a second decision for a St. Louis law firm arising out of the law firm’s work on a municipal bond issue. The law firm had been sued by the underwriter, which had been sued by bondholders. U.S. District Court Judge Nanette Laughrey, of the Western District...
Requiring Employees to be “Positive and Professional” May Be Unlawful
On April 1, 2014, a panel of the National Labor Relations Board (“NLRB”) held that an employer’s policy that, among other things, required employees to “represent [the employer] in the community in a positive and professional manner in every opportunity” is unlawful. Hills and Dales General Hospital, 360 NLRB No. 70. The...
Genetic Information Nondiscrimination Act (“GINA”) Case Settles for Over $100,000
In what it hails as the “first systemic case” under GINA, which was enacted in 2008, the Equal Employment Opportunity Commission announced that it settled a case against a nursing and rehabilitation center that allegedly illegally asked applicants for family medical history as part of a post-offer pre-employment medical examination. See EEOC...
Announcement of Name Change and New Partner
Kohn, Shands, Elbert, Gianoulakis and Giljum, LLP
is now
The Firm is also pleased to announce the election of
as...
Press Release – Name Change and New Partner
SHANDS, ELBERT, GIANOULAKIS & GILJUM, LLP
ANNOUNCES A NEW
NAME AND A NEW PARTNER: D. LEO HUMAN
Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP has changed its name to Shands, Elbert, Gianoulakis & Giljum, LLP (www.shandselbert.com). Alan Kohn...