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Member Articles


Do LLC's Need Operating Agreements?

Contact: Adam LaBoda; Spencer Fane Britt & Browne LLP (Missouri, USA) Did you know that most states do not require that a limited liability company adopt a formal operating agreement? In fact, only a five states, includ ...

Employees Accepted Arbitration Program by Failing to “Opt-Out”

Contact: Frank Neuner; Spencer Fane Britt & Browne LLP (Missouri, USA) Many companies have adopted programs that call for disputes with their employees to be resolved by an arbitrator, rather than a judge or a jury. As ...

Davidson v. Henkel: A Painful Reminder of the Special Rules for FICA Taxation of Nonqualified Deferred Compensation

  Contact: Robert Browning; Spencer Fane Britt & Browne LLP (Missouri, USA) Most employers (or their payroll systems) properly calculate, withhold and pay the federal employment taxes that are due on the current c ...

Manufacturer's Corner: An Introduction

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA) We here at the MCLB love manufacturers. In an economic climate where so much of our growth rests on intangibles and virtual goods, you provide the tan ...

Seventh Circuit Rejects Employer's Ability to Assert “Failure to Conciliate” Defense Against EEOC

Contact: Megan Meadows; Spencer Fane Britt & Browne LLP (Missouri, USA) Employers sued by the EEOC in Illinois, Wisconsin or Indiana may no longer rely on the EEOC’s failure to conciliate as a defense. Recently, the ...

Insurance Remains Property of Dissolved Corporation Even After Wind-up, According to Delaware Supreme Court

Contact: William Brady; Spencer Fane Britt & Browne LLP (Missouri, USA)   As Delaware has often been selected as a preferred place of incorporation by U.S. businesses, and consequently the venue for di ...

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