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December 1, 2016

Partner Steve Bledsoe on Manufacturer-Dealer Dispute in California Federal Court

Dealers want to pick their location and manufacturers want to ensure a healthy dealer network. No surprise, there is sometimes tension. In a recent California federal court decision, Fiat Chrysler Automobiles (FCA) won the latest round when the Court dismissed a dealer’s claims that FCA coerced it into paying increased rent by refusing its relocation request. Interestingly, the dealer in the case leased the facility from a FCA related entity, FCA Realty. When FCA Realty sought to impose a 200% …

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November 30, 2016

Partner Tim West on 2017 Missouri Legislative Session

With a Republican super majority in the legislature and Republican Eric Greitens replacing Democrat Jay Nixon as holder of the veto stamp, there could be a lot of legislation passed and signed into law that has had the legs the past few years.  For those of us in Kansas City area, that means concern or joy (depending on your perspective) over the prospect of another bill to repeal the 1% earnings tax. For the full article by Tim West , click here

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November 30, 2016

Partner Jennifer Wieland on Proportionality in Discovery

A federal magistrate judge in Kansas recently held that proportionality is the consideration at the “forefront” of an analysis of whether discovery will be permitted. The order also addressed the scope of relevant discovery in an FLSA misclassification case, and permitted discovery of plaintiffs’ employment records from other, concurrent employers. For the full article by Jennifer Wieland , click here .

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November 28, 2016

David Oliver Included Among Kansas City’s 250 Most Powerful Business Leaders

Partner David Oliver has been named to the Ingram’s 250 – a list of “the most powerful business leaders in the Kansas City area.” The list purports to include the 250 people who are “the drivers behind business being done in the greater Kansas City area region.” Ingram’s describes David as an “award-winning trial lawyer handling business disputes in state and federal courts.” David identifies his biggest achievement as “helping our clients solve their problems quickly, efficiently, and reasonably.” David lists his greatest passion …

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November 4, 2016

Berkowitz Oliver Attorneys Named to Super Lawyers and Rising Stars Lists

Eleven Berkowitz Oliver attorneys have been selected to the 2016 Missouri & Kansas Super Lawyers and Rising Stars Lists: Christina DiGirolamo Wahl , Jeff Morris , and Jim Eisenbrandt were selected as Super Lawyers for Criminal Defense: White Collar. Shazzie Naseem was selected as a Super Lawyer for Criminal Defense. Nick DiVita , Stacey Gilman , Nick Kurt , and David Oliver were selected as Super Lawyers for Business Litigation. Tom Schult was selected as a Super Lawyer for PI – Products: Defense. John Shaw was selected as a Super Lawyer for Securities Litigation. Jennifer Wieland  was selected as a Rising Star for Business Litigation. …

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October 17, 2016

Partner Christina DiGirolamo Wahl on Bank Fraud Statute

The Supreme Court heard oral argument in Shaw v. U.S., No. 15-5991, on October 4, 2016. A key issue in this case is whether the bank-fraud statute, 18 U.S.C. 1344(1), which makes it a crime to execute, or attempt to execute, a scheme to defraud a financial institution, requires proof of a specific intent not only to deceive, but also to cheat, a bank out of funds. For the full article by Christina DiGirolamo Wahl , click here .

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September 23, 2016

Partner Jennifer Wieland on FLSA Settlement Confidentiality

Confidentiality clauses are standard in commercial settlement agreements. It is common practice for parties to agree not to disclose the terms of their settlement to anyone except spouses, attorneys, and tax or financial advisors. However, a recent Kansas federal court order found such a provision to be overly-restrictive in an FLSA case and resulted in the Court refusing to approve the settlement. For the full article by Jennifer Wieland , click here .

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September 22, 2016

Carson Hinderks Joins Berkowitz Oliver

Carson Hinderks joined Berkowitz Oliver as an associate attorney on September 12. Carson is a graduate of Colorado State University, College of Business, with a B.S. in Business Administration, and the University of Kansas School of Law. After law school, he spent four years representing businesses and private individuals in state and federal energy and public utility matters at a law firm in Overland Park, Kansas. Most recently, he was a judicial law clerk for the Hon. Daniel D. Crabtree, …

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