Hepler Broom, LLC

Category Archives: Business Transactions

Total Eclipse of …Liability? A Cosmic Reminder of the Use and Effectiveness of Exculpatory Language in Contract

September 12, 2017

Southern Illinois was recently in the national spotlight as the path of a total solar eclipse passed across the state. This rare occurrence brought hundreds of thousands of people to a thin path of the state to experience a natural phenomenon that, if not experienced correctly, could cause serious and permanent eye injuries.  It also […]

HeplerBroom LLC Helps Secure Dismissal of Corporate Officers in Securities Class Action

April 10, 2014

On March 18, 2014, District Judge Stephen N. Limbaugh, Jr. issued a Memorandum and Order dismissing the former Chief Executive Officer and Chief Financial Officer of Patriot Coal Corporation in a stock drop securities class action filed in the Eastern District of Missouri.   Glenn E. Davis, Partner in HeplerBroom LLC’s St. Louis office assisted Sidley […]

COMMERCIAL CLEANING FRANCHISOR SWEEPS UP RICO CLAIMS — Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable by Nonsignatories

February 4, 2014

Stratus Building Solutions faced a business challenge on a bet the company scale.  Despite winning many franchise awards, five franchisees charged that its entire system imposed a fraud on franchisees.   The plaintiffs sued 179 defendants, including the system franchisor, master (regional) franchisors, and over 70 individuals associated with the franchise system of violating §§ 1962(c) […]

Economic Loss Doctrine? Alive and Well in Missouri

December 10, 2013

Commercial adversaries are often tempted to transform breach of contract or warranty matters into negligence or negligent misrepresentation claims. Or fraud or other intentional tort claims. The lure of a more flexible claim before a jury can be hard to resist. Or the governing contract may have limitation of liability restrictions that make warranty and […]

Corporate Counsel Take Note: Attorney-Client Privilege Scores Major Victory in Illinois Supreme Court

March 23, 2013

The attorney-client privilege is one of the oldest recognized privileges protecting confidential communications between two parties.  While the privilege serves as the cornerstone of the attorney-client relationship, the privilege is waived when confidential communications are disclosed to third parties.  In fact, the “subject-matter waiver” doctrine holds that where a privileged communication concerning a particular subject […]

International Operations?—Important New Guidance On The Foreign Corrupt Practices Act

February 16, 2013

When does a gift or entertainment risk being treated as a violation of the Foreign Corrupt Practices Act (FCPA)?  When do payments associated with obtaining international business become bribes?  What do you do when facilitation payments are requested? How can you deal with these thorny issues and maintain your competitive edge?  The answers are fact […]