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St. Louis Legal Issues Blog

How your company can avoid becoming the victim of 'greenmail'

A person, group or business entity purchases enough shares of your company's stock to enable a hostile takeover or at least to have a say in your operations and management. They offer to let your company buy back the shares, but at a much higher price. In exchange, they won't continue with the attempted takeover and won't purchase any more of your stock. That's called "greenmail."

Laws and regulations preventing companies from repurchasing shares of their stock at inflated prices have helped thwart attempts at greenmail, which saw a rise in the 1980s when corporate takeovers were at a high. In 1987, for example, the Internal Revenue Service (IRS) started taxing profits from greenmail at 50%.

Why is Byron Allen going before the Supreme Court?

If you only know Byron Allen as a television (TV) personality from your youth, you may be surprised to find out that he's become a media mogul. His company Entertainment Studios, which he started 25 years ago, is involved in movies, TV and digital media.

Now Allen is facing off against cable giant Comcast Corp. before the U.S. Supreme Court. Among his supporters is Illinois Rep. Bobby Rush.

Workers' compensation 'legacy claims' in acquisitions

If your company is considering or in the process of acquiring another company, you may not have given much thought to that company's workers' compensation program -- or to the company's safety culture in general. This may be more relevant in industries where workplace injuries are common than in those where they aren't. However, employees can suffer injuries in any line of work.

You should find out about any unresolved claims that you may be inheriting before you finalize the deal. These "legacy claims" can end up costing you a good deal of money that you didn't anticipate.

What happens during the discovery phase of a civil trial?

Are you about to become involved in a civil trial? Perhaps you have reached your last options for obtaining payment from a delinquent customer. Maybe you are in the middle of a dispute with a partner, business associate or competitor who has violated your trust. You may be seeking compensation from someone whose actions resulted in your injuries or other damages.

No matter the reason for your dispute, taking the matter to court is one way to seek a resolution once and for all. However, it is a complex process with many steps that can be complicated to understand. One of the first phases of a civil trial is discovery.

What impact does car size have on the severity of a crash?

If you ever have wondered why motorists often buy sports utility vehicles (SUVs), trucks and other large vehicles, you're probably aware that one reason that they assume that it will protect them better than if they're struck riding in a small passenger car. Size does matter when a motorist driving a larger vehicle crashes into someone driving a smaller one.

Size matters quite a bit in a front-in collision. The longer and larger a vehicle is, the more time and space there is to absorb the force of the impact. If a passenger car operator crashes head-on into a truck or SUV, then it's likely that the driver of the sedan and maybe even their passengers in the rear seat will suffer injuries. The driver of the SUV or truck, on the other hand, maybe shaken up and slightly injured, but it's unlikely that their passengers in the rear portion of their vehicle won't be hurt.

Anheuser-Busch sues rival for illegally obtaining its recipes

For many people who live in and around St. Louis, Anheuser-Busch is the quintessential brewer. Now, Anheuser-Busch InBev, the company behind Budweiser, Michelob and other popular brands, is wrangling in court with its rival MillerCoors.

The battle started this March when MillerCoors sued Anheuser-Busch over a commercial that aired during the Super Bowl. The ad claimed that two of that company's popular light beers, Coors Light and Miller Lite, contained corn syrup. This September, Anheuser-Busch was ordered by a federal judge not to use the phrase "no corn syrup" on its packaging for Bud Light.

Tips to keep your kids injury-free this Halloween

If your kids are still young enough to go trick-or-treating, you or another adult is probably going with them this Halloween. However, you still want to make sure that your children (and others you may be in charge of for the night) follow important safety precautions.

The American Red Cross provides some valuable tips to help parents ensure that everyone arrives home from their trick-or-treating adventures safe and sound.

Some common errors cause most lawsuits against engineers

You spent many years in college and graduate school to become an engineer. Unfortunately, one lawsuit can threaten your professional future and your financial security.

One engineering consultant who has testified as an expert witness in professional liability cases says that most lawsuits against engineers fall into one of three categories. Let's look at these.

Daughter revives lawsuit that Stan Lee dropped before his death

Before he died late last year, the late comic creator Stan Lee filed a $1 billion lawsuit against POW! Entertainment. The man known worldwide a creator of a multitude of Avengers characters claimed that executives with the company took advantage of his declining health. He said they induced him to sign away rights to his name and likeness. In some cases, he alleged, his signature was forged on documents.

Just two months after he filed it — and four months before his death at age 95 — Lee dropped the lawsuit. In a statement released at the time, he said, "I am thrilled to put the lawsuit behind me, get back to business with my friends and colleagues at POW! and launch the next wave of amazing characters and stories!"

Understanding the steps for appealing your civil case?

Bringing your dispute to court was probably not your first choice. Whether you were facing a construction dispute, a business matter or any other type of civil claim, you likely devoted considerable time and money to building your case and presenting your side to the judge or jury.

If the ruling of the Illinois court was not what you hoped or expected, you may feel frustrated and confused. However, you may not be out of options just yet. Depending on the circumstances, you may have cause to appeal the ruling.

David M. Duree and Associates, P.C.
312 South Lincoln Avenue
O'Fallon, IL 62269
Phone: 618-589-0956
Fax: 618-628-0259
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