Publication title: Drafting a Persuasive Motion for Summary Judgment
Publication date: Oct 16, 2021
Publication description: This article is designed to provide general guidance to any Missouri lawyer contemplating a motion for summary judgment. The article gives suggestions for drafting the motion, the statement of uncontroverted material facts, and the legal memorandum.
Publication title: Thoughts on Writing a Persuasive Appellate Brief
Publication date : Oct 16, 2021
Publication description: This updated article outlines my thoughts on how to prepare a persuasive appellate brief. These thoughts are designed to provide general guidance to any Missouri lawyer facing an appeal. Yet many of the same principles apply to appellate briefs in other jurisdictions.
Publication title: Will Artificial Intelligence Take Over the Art of Brief Writing?
Publication date: Aug 20, 2018
Publication description: This articles explores what for me is the existence question of whether artificial intelligence products will take over the art of brief writing. The short answer is: Not yet. This is an updated version of an article I originally prepared back in 2018.
Publication title: Negotiating Indemnification Agreements in Commerial Contracts
Publication date: Apr 16, 2018
Publication description: This article explores the issues associated with negotiating indemnification provisions in commercial contracts. I prepared the article in anticipation of making a CLE presentation on the subject.
Publication title: The Ivie Trap: Mixed Questions of Fact and Law
Publication date: Oct 16, 2016
Publication description: The Missouri Supreme Court adopted a rule in Ivie v. Smith to prevent an appellant from improperly combining in a single point questions over substantial evidence, weight of the evidence, or a misapplication of law. For most appeals, this rule makes perfect sense. But how does the appellate lawyer comply with this rule if the appeal presents a true mixed question of fact and law. I view this kind of dilemma as the Ivie trap.
Publication title: Shattering Three Myths about Missouri Limited Liability Companies
Publication date: Feb 4, 2016
Publication description: This article targets three common myths about Missouri limited liability companies: (1) that the LLC will have no significant impact in limiting a member’s liability exposure; (2) that you don’t need an operating agreement under Missouri law; and (3) that Missouri provides less creditor protection to members than other states. By highlighting the language of the Missouri statute and recent case law, this article shatters those myths.
Publication title: Substantial Evidence vs. Weight of the Evidence: What’s the Difference?
Publication date: Sep 10, 2015
Publication description: The Missouri Supreme Court places a premium on the appellate lawyer’s ability to distinguish between a substantial evidence and a weight of the evidence challenge. This article helps the lawyer to draw this distinction.
Publication title: A Word of Caution for Missouri Appellate Lawyers
Publication date: Jul 9, 2015
Publication description: Missouri appellate lawyers are accustomed to the constraints of Rule 84.04(d) in framing issues for appeal. This Rule requires strict compliance with the formalities of presenting the issues as “points relied on.” Last year, the Missouri Supreme Court added a layer of complexity to the Rule in Ivie v. Smith, 439 S.W.3d 189 (Mo. banc 2014). This article highlights the significant new risks created by the Ivie decision.