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Insights

Spencer Fane’s Insights contain a wealth of information on our firm, our attorneys and our recent activities, as well as upcoming events. If you need further information please contact the marketing department.

Latest News

May 19, 2015
Spencer Fane recently obtained a significant victory for the privacy interests of Birch Communications subscribers.  In a case interpreting the reach of the Digital Millennium Copyright Act, the firm obtained an order quashing a private party’s subpoena for Birch’s customer records.
General News
May 13, 2015
Spencer Fane Partner Blane Markley was highlighted in this month’s issue of Ingram’s as a new member of the publication’s 2015 class of 40 under 40. The annual feature recognizes the 40 most accomplished individuals under the age of 40 in the Kansas City metropolitan area based on professional successes as well as community involvement.
General News
May 13, 2015
ST. LOUIS, Mo. – Spencer Fane is pleased to announce that Jane Dueker has joined the firm in its St. Louis office as Of Counsel in the Governmental Affairs practice group.
General News
May 12, 2015
Springfield, Missouri – Spencer Fane Britt & Browne LLP is pleased to announce the addition of a new associate to its Springfield office. Nicholas Irmen will join the firm’s Trust and Estate Planning Practice Group where he will aid clients in estate planning, business transactions, tax advice, trust and estate administration, and charitable planning.
General News
May 8, 2015
Last week’s issue of Law Week Colorado featured Spencer Fane Partner Ron Fano in an article on the ever-increasing issue of compliance with Fair Credit Reporting Act regulations during employer background checks.
General News

Latest Publications

May 22, 2015
The EEOC recently announced that it will begin communicating with employers through an online Digital Charge System rather than regular mail and e-mail. The EEOC receives roughly 90,000 charges of discrimination per year. The proposed purpose of the “ACT Digital” pilot program is to ease the administrative burden of handling those charges and to reduce the use of paper submissions and files.
Blogs
May 18, 2015
The United States Supreme Court gave considerable comfort to defined contribution plan participants – and their lawyers – who sue plan fiduciaries for failing to keep track of plan investment options.  In a unanimous decision handed down on May 18, 2015, the Court held in Tibble v. Edison International that ERISA fiduciaries have a “continuing duty” to monitor investment options, and that plan participants have six years from the date of an alleged violation of that duty to file a lawsuit against the plan’s fiduciaries.  This ruling significantly undercuts the utility of a statute of limitations defense that had been successfully deployed by plan fiduciaries in previous cases, and creates fertile ground for more litigation.
Client Alerts
May 14, 2015
Recently, Missouri Treasurer Clint Zweifel urged the MHDC to use its LIHTC allocation to help combat affordable housing issues that are exacerbated among victims of domestic violence.[1]  In his letter, Zweifel cites a study stating that survivors of domestic violence were the third largest subpopulation of homeless individuals in Missouri.[2]  From 2007 to 2012, this number has increased 37% statewide—St. Louis City alone saw a 236% rise in this period.[3]  Zweifel notes that even these numbers may be underrepresented and do not take into account victims who are forced to stay with their abusers because they have nowhere else to go because of a lack of affordable housing options.[4]  Even once they find housing, victims of domestic violence often face difficulty finding safety and receiving the services they need to overcome abuse.[5]     
Blogs
May 13, 2015
If you regularly read this column, you know that one of the things we spend a lot of time discussing is working appropriate protections into your contracts.  Plaintiffs’ attorneys understand that, and often try to work around those protections by restyling breach of contract or breach of warranty actions as tort claims – that is, claims for negligence or fraud or the like. One bulwark we have against those efforts is the economic loss doctrine.  Here in Missouri, the economic loss doctrine generally forbids a tort action for frustrated commercial expectations; that is, it forbids a plaintiff from bringing a breach of contract claim masquerading as a tort claim.
Blogs
May 11, 2015
In an employer friendly decision, last week the U.S. Supreme Court ruled unanimously that courts may review whether the Equal Employment Opportunity Commission (EEOC) has satisfied its duty to attempt pre-suit conciliation.
Blogs

Upcoming Events

June 3, 2015
Program “An Ounce of Prevention is Worth a Pound of Cure”:

–  Employment Law Update and Lessons Learned from Employment Litigation
–  Partners, Pregnancy, and Parenthood Protections
–  Expansion of Employee Rights and Demise of Employer Rights Under the NLRA
–  Retaliation: The New #1 Employment Claim
–  Practical Tips for Managing ADA and FMLA Challenges
–  What You Should Have In Your Risk Avoidance Toolbox
Seminar
June 4, 2015
Program “An Ounce of Prevention is Worth a Pound of Cure”:

–  Employment Law Update and Lessons Learned from Employment Litigation
–  Partners, Pregnancy, and Parenthood Protections
–  Expansion of Employee Rights and Demise of Employer Rights Under the NLRA
–  Retaliation: The New #1 Employment Claim
–  Practical Tips for Managing ADA and FMLA Challenges
–  What You Should Have In Your Risk Avoidance Toolbox
Seminar
June 9, 201507:30 - 09:00
Environmental Compliance and Manufacturing: Traps for the Unwary // Keeping Employees Safe, Increasing Your Bottom Line & Doing The Right Thing

While regulation is not everyone's favorite subject, what you don't know CAN hurt you. Join us in June for 2 speakers who are experienced, knowledgeable and will keep you engaged in a topic you never knew could be so interesting!
June 18, 2015
Program “An Ounce of Prevention is Worth a Pound of Cure”:

–  Employment Law Update and Lessons Learned from Employment Litigation
–  Partners, Pregnancy, and Parenthood Protections
–  Expansion of Employee Rights and Demise of Employer Rights Under the NLRA
–  Retaliation: The New #1 Employment Claim
–  Practical Tips for Managing ADA and FMLA Challenges
–  What You Should Have In Your Risk Avoidance Toolbox
Seminar
August 27, 201512:00 - 02:00
Cyber security is an increasingly critical issue for all organizations. However, it remains poorly understood. Large financial firms, retailers, manufacturers and telecommunications are amongst the principal targets for organized criminals, cyber terrorists, activists, hackers, and others. An attack on an institution, with the concomitant loss of vital data, can be devastating to the firm’s reputation. The risks of attack and the ultimate consequences thereof seem to grow almost exponentially.
Webinar