In Jarkesy v. Securities and Exchange Commission, Case No. 3-15255, a panel of the U.S. Court of Appeals for the Fifth Circuit ruled on May 18, 2022, in a 2-1 decision that the U.S. Securities and Exchange Commission (“SEC”) may no longer use its own administrative proceedings framework to enforce
Patrick Archer
Patrick (Pat) Archer is an associate attorney in our St. Louis office and advises clients in a wide range of matters relating to contract negotiations, business entity formation, corporate finance, estate planning, and commercial real estate.
Prior to joining the firm, Pat was based in Phoenix, Arizona, first as an auditor with Deloitte & Touche,…
Family Violence: Legal Help for Those Living in Missouri With an Abuser
By Mark Wortman
Domestic violence is a serious crime under Missouri law in most situations, particularly when it involves physical violence or actions meant to put someone in fear of physical injury. Abuse victims often find it difficult to leave relationships with abusers. The period time when they are trying to escape can also be the most dangerous…
U. S. Supreme Court Requires Legislative Authority for the Federal Government to Impose Mandate on Certain Employers for Covid 19 – Vaccination Or Test
The United States Supreme Court in National Federation of Independent Business v. Department of Labor, rejected a mandate requiring employers with more than 100 employees to require their employees to vaccinate or test, holding that there was no clear congressional authority under OSHA. The Court made it clear that in order to require such…
Robert D. Blitz Receives BAMSL’s Distinguished Lawyer Award
On May 2, 2022, at the Bar Association of Metropolitan St. Louis’s (BAMSL) Law Day Celebration, BAMSL awarded its Honorable E. Richard Webber Distinguished Lawyer Award to BB&D founding member Robert D. Blitz. The Law Day Celebration featured a keynote address by former U.S. Senator Claire McCaskill. The Distinguished Lawyer Award is the highest…
How Long After Divorce Can You Remarry in Missouri
By Mark Wortman
Divorce marks the end of a marriage and the beginning of a new chapter of a person’s life. Sometimes, a new chapter includes a new marriage. What do Missouri’s family laws say about getting married after a divorce? Missouri does not place any specific restrictions on how soon you can remarry once you have gotten…
How to count lots when amending subdivision covenants. You may be surprised.
By Harry Styron
When an HOA looks at revising its subdivision covenants (sometimes called CCRs, declaration, restrictions, restrictive covenants, master deed, or indenture), the board and its attorney generally find a paragraph toward the end of the covenants that requires that the owners of a majority of lots–or units, for a condominium–must approve the amendment for it to…
BB&D Attorneys Successfully Defend Business Owner In Multi-Million Dollar Lawsuit
BB&D members Rob Brandt and Jason Turk represented a client who had been a salesperson at a commercial and residential contractor. Our client believed he had been underpaid and left the company. He started his own competing company, which became extremely successful. His former employer then sued him and the new company for breach of…
Off-Campus Student Speech Regulation: A Snap Decision?
By: Kara N. Luechtefeld
Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021).
I. INTRODUCTION
Today, approximately ninety-five percent of teens have access to smartphones, and around forty-five percent of teens claim they are online consistently.1 Social media has fundamentally changed how, when, and…
Punting Economic Realities: The Narrowing of Long-Standing Tax Law Doctrine in Missouri
By: Andrew M. Fauble
Kansas City Chiefs Football Club, Inc. v. Dir. of Revenue, 602 S.W.3d 812 (Mo. 2020) (en banc)
I. INTRODUCTION
When the Kansas City Chiefs (“Chiefs”) entered into an agreement to create a project to renovate their stadium, they purchased various items with purported tax-exempt status.1 The Missouri…