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Another State Rules That Patients Can Sue For Negligence for Violating HIPAA...
The Connecticut Supreme Court has now joined Missouri, West Virginia and North Carolina in rulings connecting HIPAA with negligence lawsuits by patients. In a case of first impression in Connecticut,...
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Is Your Property Insured Against a Riot?
The current unrest facing the St. Louis metropolitan region carries with it the elevated risk of damage and/or destruction of both real and personal property. While everyone intends and hopes their...
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Electronic Privacy Amendment May Have Broad Implications for Use of Digital...
This summer, Missouri voters approved an amendment to the Missouri Constitution protecting electronic data from searches and seizure by law enforcement officers. Article I, Section 15 of the Missouri...
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Understanding the ABLE Act
Co-authored by Misty Watson and Samantha Maerz “A major victory for the disability community, ABLE, for the first time in our country’s policy on disability, recognizes that there are added costs to...
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No-Fly Zones: Using Drones for Commercial Purposes
Drones are all the rage. Actually, drones are causing quite a rage as well. Last weekend’s Super Bowl in Arizona was a “no drone zone,” where flying drone aircraft for purposes of getting a better view...
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OSHA Finalizes Rules Requiring Health Care Employers to Report Injuries
The federal Occupational Safety and Health Administration (OSHA) implemented rules on January 1, 2015 which place additional requirements on employers under OSHA jurisdiction (and with greater than 10...
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Exempt Employees, Overtime, and the Proposed DOL Rule for 2016
The labor landscape has changed and it will continue to change. The average worker has become increasingly responsible for the more traditional aspects of the employment relationship including health...
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Effect of 2015 SCOTUS Same-Sex Marriage Decision on Employment Practices
The U.S. Supreme Court held in Obergefell v. Hodges that there is a constitutional right to marry and that the 14th Amendment’s Due Process and Equal Protection clauses require states to allow same-sex...
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New AML Rules for Investment Advisors?
The Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, is proposing new anti-money laundering rules for investment advisors. Read the full press release...
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No Vacancy – When Bed & Breakfasts Run Afoul of Condominium Communities
The popularity of vacationing or traveling via bed and breakfast lodging, or, as more popularly known, “BnB,” is rapidly on the rise. The concept allows an owner with a vacant house, condominium,...
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Regulation Crowdfunding: Is It Right for You?
To much ballyhoo, on October 30, 2015, the Securities and Exchange Commission (“SEC”) finally adopted rules to allow investment crowdfunding (which the SEC calls “Regulation Crowdfunding”). That is, it...
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Investment Crowdfunding Will Be Legal But Will It Be an Improvement?
In the JOBS Act adopted in April 2012, Congress required the Securities and Exchange Commission (“SEC”) to adopt rules legalizing (i.e., exempting from the requirement to register with the SEC) the...
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Separate Spousal Tax Liability for Missouri Income Taxes
If a married couple files a joint federal income tax return, both spouses are jointly and severally liable for the full amount of federal income tax liability for that tax year. Joint and several...
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Best Practices for Avoiding Misleading Browsewrap and Clickwrap Agreements in...
Visiting a website and merely viewing its contents can bind you to an internet “Terms and Conditions” or “Terms of Use” (“browsewrap” or “clickwrap”) contract. Website owners, as technology providers,...
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Eighth Circuit Rejects Obesity as an Impairment Under the ADA: Morriss v....
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was enacted for the purpose of broadening the scope of the American with Disabilities Act (ADA). The ADAAA expanded the definitions of...
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Passage of Missouri Senate Bill 608 Imposes New Requirements on Health Care...
On May 25, 2016, Missouri Senate Bill 608 was passed by the Missouri House and Senate. The Bill adds new requirements to the provision known as the “Health Care Cost and Transparency Act.” Beginning...
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Short-term Rentals Via Internet Outlets: Three Tips for Homeowner &...
Community associations continue to struggle with the emergence of the “sharing economy” issues raised by AirBnB, VRBO and other online outlets (see CNN Money article: Why everyone is cracking down on...
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Update: Governor Vetoes Missouri Senate Bill Imposing New Requirements on...
On July 5, 2016, Governor Jay Nixon vetoed Missouri Senate Bill 608. In his veto letter, Governor Nixon offered reasons that are unrelated to the “Health Care Cost and Transparency Act” provision of...
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It’s Almost Time: DOL Overtime Exemption Rules Effective Dec. 1, 2016
Changes are coming soon to overtime exemption rules. Issued in May 2016 by the United States Department of Labor (DOL), the updated final overtime rule (Final Rule) will be effective December 1, 2016....
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Eighth Circuit Interprets Missouri Law: Non-Compete Agreements May Be...
In Symphony Diagnostic No. 1, Inc. d/b/a/ MobilexUSA v. Greenbaum, the Eighth Circuit Court of Appeals recently addressed the question of whether a successor company in Missouri may enforce a...
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