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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

Roger Denny and Bob Lattinville Identify Trends in FBS Athletic Director Compensation

Spencer Fane attorneys Roger Denny and Bob Lattinville recently published an article in AthleticDirectorU (ADU) analyzing the data in their Athletic Director Database made in collaboration with USA Today.

Pat McInerney Provides Analysis of Gov. Greitens Resignation Agreement

Spencer Fane attorney Pat McInerney was recently interviewed for an article in The Kanas City Star concerning the agreement leading to the resignation of former Missouri Gov. Eric Greitens. As a former state and federal prosecutor, Pat is uniquely qualified to offer an objective assessment of the arrangement.

Sam Young to Join Spencer Fane as an Associate in Denver Office

Spencer Fane LLP is pleased to announce the addition of Sam Young as an associate in the firm’s Financial Services practice group.

Orren Adams Joins Spencer Fane as Partner in St. Louis Office

Spencer Fane LLP is pleased to announce the addition of Orren Adams as a partner in the firm’s Business Transactions practice group in St. Louis.

Matthew Wine Examines Potential Impact of New Banking Regulations

Spencer Fane attorney Matt Wine recently published articles in the Missouri Independent Bankers Association magazine, The Show-Me Banker, and the Community Bankers Association of Kansas magazine, In Touch, on banking legislation newly passed by Congress and signed into law by President Trump.

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Latest Publications

Federal Court Halts EPA’s Waters of the United States (WOTUS) Rule in 11 States

On June 11, 2018, the U.S. District Court of the Southern District of Georgia issued a preliminary injunction preventing implementation of the U.S. Environmental Protection Agency’s 2015 Waters of the United States (WOTUS) rule in 11 states including Georgia, Alabama, Florida, Indiana, Kansas, Kentucky, North Carolina, South Carolina, Utah, West Virginia and Wisconsin.  The court held that if the WOTUS rule became effective the states would suffer irreparable harm in both a “loss of sovereignty and unrecoverable monetary losses.” 

The Masterpiece Cakeshop Decision – Bakery Owner Wins, But on Narrow Grounds

On June 4, 2018, the Supreme Court of the United States issued its highly anticipated decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Case No. 16-111. In its opinion, found here, the Court vacated an administrative order entered by the Colorado Civil Rights Commission (“CCRC” or the “Commission”) against the bakery, which had refused to sell custom wedding cakes to same-sex couples on the grounds that doing so would violate the owner’s sincerely held religious beliefs. The Court made it clear that judges and administrative officials violate a litigant’s constitutional rights if they engage in conduct that displays hostility toward a particular set of religious beliefs. But the majority opinion left many questions unanswered. It remains to be seen if a business owner may refuse to do business with a prospective customer because of the customer’s sexual orientation when the refusal is based on a sincerely held religious belief.

The Responsibility of Regulation Relief Within the Economic Growth, Regulatory Relief and Consumer Protection Act

Matt outlines the potential risks and benefits of the Economic Growth, Regulatory Relief and Consumer Protection Act., which was introduced by a bi-partisan group of 23 senators with the primary intent of reducing regulatory burdens for smaller financial institutions. Published in The Show-Me Banker and In Touch.

“As Is” Clause Held to Preclude Claim Arising From Seller’s Oral Representations That Damaged Parts on an Aircraft Were Repairable

The significance of “as is” language in an aircraft sales agreement is demonstrated again in a recent decision of the Federal District Court for the Northern District of Texas.  In Red River Aircraft Leasing, LLC v. JetBrokers, Inc., the aircraft buyer had learned of hail damage to an aircraft during the course of negotiations, but was assured by the seller that the damaged parts were repairable.  Of course, after taking possession of the aircraft, the buyer learned that the parts in question were not repairable, and proceeded to sue the seller on a theory of negligent misspresentation.  The Federal Court, however, ruled that because the buyer had accepted the aircraft “as is” and “with all faults” in its purchase agreement, it would be unable to establish that it relied on the seller’s statement in buying the aircraft.  The court therefore entered a summary judgment for the seller, leaving the buyer without a remedy.

Insurance Benefits – Unreasonable Delay and Denial. Supreme Court of Colorado Decides Three Cases Against Insurance Companies.

In a trio of case opinions issued on May 29, 2018, – all written by Chief Justice Nancy Rice who will retire in June – the Colorado Supreme Court ruled against the arguments of insurance companies. 

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Latest Events

Julie Roth and Andy Ramirez to Provide Guidance on Hospital Compliance: Multiple Dates

Spencer Fane attorneys Julie Roth and Andy Ramirez will present at the Kansas Hospital Association (KHA) Regional Trustee Seminars on compliance in the health care industry.

Holden to Join FDCC Panel Discussion of Workplace Harassment, Discrimination Issues

Spencer Fane attorney Helen Holden will present as part of a panel of speakers during the Federation of Defense & Corporate Counsel (FDCC) Midwest Regional Corporate Counsel CLE Presentation.

Sue Willman to Join American Planning Association Panel Discussion

Spencer Fane attorney Sue Willman will present as part of a panel of speakers during an American Planning Association (APA) webinar on the legal issues and personal liabilities that municipal planners most commonly face.

Ryan Pulkrabek to Discuss EPA’s Increased Attention to Vapor Intrusion

Spencer Fane attorney Ryan Pulkrabek will present on the Environmental Protection Agency’s (EPA) growing concern with and emphasis on vapor intrusion during the April Monthly Meeting for the Midwest Air and Waste Management Association(A&WMA).

Spencer Fane Employment Training Classes

The Employment Training Classes are designed to help supervisors, HR professionals, and C-Suite executives:

  • Comply with government regulations
  • Avoid potential employee issues
  • Address issues when they arise

All classes will be held at Spencer Fane: 2144 E. Republic Road, Suite B300, Springfield, MO 65804

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