In
Michael Waller v. Commerce Bank, et al., Commerce Bank appealed
the interlocutory order of the Circuit Court of Jackson County, Missouri
(“circuit court”), denying Commerce Bank’s motion to compel arbitration of Mr.
Michael Waller’s (“Waller”) claims under the Missouri Human Rights Act
(“MHRA”). Because there was an
unambiguous
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ARE YOU LOOKING FOR A ST. LOUIS BASED SECURITIES FRAUD LAW FIRM?
If you are, look no further. Indeed, if you use Google for your law firm
search you will probably find about 10 law firms that actually have little or
nothing to do with St. Louis. Are you
getting the best firm for your needs, or the firm that paid to play on the
internet?
FINRA Discloses Its September 2025 Disciplinary and Other Actions
The
self-regulatory body that monitors the conduct of financial professionals just
issued its results for last month. The following are just a sampling of the
summaries it provided:
Greenbird
Capital, LLC (CRD #306692, Boca Raton, Florida)
July
24, 2025 – An AWC was issued in which the firm was censured and fined $50,000.
Without…
COURT OF APPEALS REFUSES TO ENFORCE ARBITRATION PROVISION
Earlier
this year, the Missouri Court of Appeals affirmed a trial court’s refusal to
enforce an arbitration provision within an operating agreement. Now we all know
that arbitration agreements are difficult to circumvent, so what happened in
this case?
The case is Disruption 8, LLC v. Vertical Enterprises, LLC…
Are You A Financial Advisor With A Wrongful Termination or Defamation Claim?
Advisors terminated by their broker-dealer should immediately retain experienced legal counsel.The broker-dealer has 30 days after termination to file the mandatory U-5. Legal counsel can help you negotiate fair and accurate language for this critical and potentially public disclosure. Moreover, how the U-5 is completed above and beyond the narrative “reason for…
It’s 10 O’clock – Do You Know Who Your Beneficiaries Are?
Having a will
is an important step in directing what is to happen to your assets when you
die. Ensuring all of your accounts have current beneficiary information
properly submitted is also key. Financial accounts and insurance policies
provide the option to list beneficiaries. Even if you do not have…
DOES YOUR FINANCIAL ADVISER HAVE PROFESSIONAL LIABILITY INSURANCE?
Believe it
or not, your trusted financial adviser is only human. He or she can make a very
costly mistake despite his or her best intentions. Perhaps you have taken
comfort in the fact that your adviser, whether a registered representative or
an investment adviser representative, has a company with whom they are
affiliated. Surely
or not, your trusted financial adviser is only human. He or she can make a very
costly mistake despite his or her best intentions. Perhaps you have taken
comfort in the fact that your adviser, whether a registered representative or
an investment adviser representative, has a company with whom they are
affiliated. Surely
…
CAN A FINANCIAL ADVISER BE SUED BY A NON-CLIENT FOR NEGLIGENCE?
The
answer to that question is “probably.” At least in Missouri, New York, and
Iowa.
Missouri courts apply a balancing
test when determining if a “non-client” intended beneficiary of professional
services can sue for negligence despite a lack of privity. The leading case in
Missouri, at least as to accountants, is Aluma Kraft Manufacturing …
Missouri Securities Division is Investigating new Missouri Limited Liability Companies
A membership interest in a
limited liability company is a “security” as broadly defined under the Missouri
Securities Act of 2003.[1] Now the Missouri Commissioner
of Securities, through its Enforcement Section of the Securities Division
(“Enforcement Section”), is sending letters to specified companies that have newly
filed with the …
The Evolution of a Wells Process and the Anticipated SEC Sweeps
The Wells Process has a long history
dating back to 1972 when SEC Chairman William J Casey appointed John Wells
along with two others to the “Wells Committee.” The SEC is charged with the
compliance and enforcement of the federal securities law to protect citizens
from fraud and theft while maintaining a…