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Opening a Restaurant: Plan for Success – and Failure, Too
Failure is a topic most restaurateurs would prefer to avoid when setting up a new venture, when their heads are full with visions of success. However, the restaurant business is tough, and problems can...
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Your Restaurant is Failing – Now What?
Restaurants fail for a variety of reasons, from failure to watch costs to failure to develop the right menu to a nearby construction project eliminating most of your on-street parking. If you followed...
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HIPAA Non-Compliance Results in Largest Single-Entity Settlement to Date
Co-authored by Laura Gerdes Long and Katherine M. Flett On August 4, 2016, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) entered into a settlement agreement with...
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Hurry Up! We Have a Plane to Catch! The Effects of Time Pressure on...
Not surprisingly, there is both anecdotal and empirical evidence that time constraints affect behavior generally. It is also, therefore, not surprising that high time pressure (hereinafter “HTP”)...
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Should Donald Trump’s (or Anyone Else’s) Net Operating Losses Really Be...
Perhaps the most talked-about subject of the Tax Code right now is the allowance of net operating losses (NOLs). This is no doubt due in large part to the October 1 New York Times article that claims...
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New Requirements for Health Care Providers Under Missouri’s Health Care Cost...
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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Uncertainty Regarding the Department of Labor’s Salary and Overtime Regulations
A federal district court in Texas has delayed the enforcement of the Department of Labor’s changes in overtime regulations. In May 2016, the Department of Labor published a final rule that has caused a...
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Investment Crowdfunding Requires an Attorney — with Long Securities Law...
The entrepreneurial press, indeed, even the popular press, is abuzz about regulation crowdfunding (i.e., investment crowdfunding), which became legal on May 16, 2016. And according to some...
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The Intersection of HIPAA and Cloud Storage
Co-authored by Laura Gerdes Long and Katherine M. Flett Our ever-evolving technological society is raising new questions about how to reconcile complex health data protection laws with cloud storage....
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Missouri Finally Has a New Statute Governing Receivers and Receiverships
As most commercial attorneys in Missouri know, the previous Missouri statute governing receiverships, which was enacted in 1939 and consisted primarily of one sentence, provided very little guidance to...
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Lien Stripping in Bankruptcy after Caulkett
Under the Bankruptcy Code, “lien stripping” allows a debtor to void a property lien “[t]o the extent that [the] lien secures a claim against the debtor that is not an allowed secured claim.” Lien...
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What to Do When You Are Served with a Lawsuit
For many individuals and businesses, being served with a lawsuit is an uncommon, or possibly even a once-in-a-lifetime, situation. Litigation can be stressful and being served with a lawsuit is often...
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Legal Considerations for Your Missouri Leasing Business: What You Should...
For many folks, the thought of extra income from leasing commercial or residential real estate is quite attractive and straightforward: Buy property, Get tenant, and Collect rent. As many brokers and...
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Do I Need a Legal Entity?
Part 1 of a 12-part series on Legal Considerations for Your Missouri Leasing Business: What You Should Consider Now, Later, and Throughout the Process A common statement we’ve heard from folks...
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Aging Account Receivables? A Few Tips to Help You Finally Get Paid
If you are in the business of selling something, whether it is materials, labor, services, or all of the above, chances are at some point your company will run into a situation where one or more of...
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New EEOC Rules Complicate Task of Designing a Compliant Employer Wellness...
Co-authored by Laura Gerdes Long and Katherine M. Flett In 2016, after years of twists and turns, backs and forths, the Equal Employment Opportunity Commission (EEOC) issued final rules that went into...
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What Types of Legal Entities are Available?
Authored by David A. Zobel with contribution from Patrick J. Murphy Part 2 of a 12-part series on Legal Considerations for Your Missouri Leasing Business: What You Should Consider Now, Later, and...
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Tax Treatment Considerations When Selecting Your Entity
With contribution from Patrick J. Murphy Part 3 of a 12-part series on Legal Considerations for Your Missouri Leasing Business: What You Should Consider Now, Later, and Throughout the Process With tax...
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Uncertainty Leads to Proposed Easing of Wellness Program Regulations
Co-authored by Laura Gerdes Long and Katherine M. Flett In response to many complaints about the trials and tribulations employers face when initiating a compliant wellness program due to the...
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Your Entity’s Governing Documents
Authored by David A. Zobel with contribution from Michael J. McKitrick Part 4 of a 12-part series on Legal Considerations for Your Missouri Leasing Business: What You Should Consider Now, Later, and...
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