SCHULTZ & ASSOCIATES LLP 

640 Cepi Drive, Suite A

Chesterfield, MO 63005-1221

(636) 537-4645

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August 23, 2017

The Eighth Circuit Court of Appeals, in Kuhns v. Scottrade, Inc., No. 16-3426 (8th Cir. Aug. 21, 2017), just issued a decision, addressing an issue that is being raised more and more frequently by defendants in class actions in federal court, Article III standing or lack thereof. Citing Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016), the Eighth Circuit explained:

Constitutional standing (as opposed to statutory standing) is a threshold question that determines whether a federal court has jurisdiction over a plaintiff’s claims. Article III extends judicial power only to “cases” and “controversies.” This limitation imposes as an “irreducible constit...

August 11, 2017

You risk your personal assets unless your horse-related business, no matter how small, is organized as a separate legal entity. If you fail to formally structure your business as a separate legal entity, a sole proprietorship or a general partnership will be presumed and your personal assets will be at risk.

Every horse-related business, no matter how small, should be organized as one of the following legal entities:

  • Corporation (ch. 351, RSMo)

  • Limited Liability Company (LLC or LC) (ch. 347, RSMo)

  • Limited Liability Partnership (LLP) (ch. 359, RSMo)

As preliminary matters, you should register the name of your business with the Missouri Sec...

August 7, 2017

Most city officials serve because they are committed to public service and seek to improve or protect their neighborhoods and the broader community. Do city officials forfeit their right to speak out on, to participate in discussions or deliberations about, or to vote on matters in which they have a personal or economic interest? When a zoning issue comes before the city that would directly affect themselves or their immediate neighborhood, are they prohibited from acting on it?

CHECK YOUR CITY'S CHARTER OR CODE!

This section only addresses a number of Missouri statutes regulating conflicts of interest, §§ 105.450 - 105.498, R.S.Mo. Many cities' codes of...

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