“Annual Minutes Records Form” is Scam

On March 1, 2013, Missouri’s Secretary of State issued the following message concerning an “Annual Minutes Records Form” that has been circulated to various persons and businesses by the U.S. Mail: “Secretary of State Jason Kander is today alerting Missouri corporations to a potentially deceptive letter from an entity called Corporate Records Service. The solicitation,


Open For Business

Many schools in the area are closed, but BSE’s doors are open today, Friday, February 22, 2013. If you need a way to pass some time this weekend while the snow melts, consider a legal movie.  Check out this list of the ABA Journal’s 25  Greatest Legal Movies.


Thursday, February 21, 2013

The BSE offices are closed today, Thursday, February 21, 2013, as of noon, due to the weather.  Most attorneys will be checking e-mail and voice mail messages.  However, no receptionist will be available this afternoon.


Criminal Law: Don’t Flip Off the Judge

A good rule of behavior when appearing in court: don’t flip off the judge.  A Florida Judge imposed a 30 day jail sentence for contempt of court on an eighteen year old female after she gave the judge the finger and told him “F___ you.”  I am not surprised by the Judge’s conduct, but the


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McCartney Elected Vice-Chairman of NTCA Legal Committee

Brydon, Swearengen & England P.C. shareholder and attorney Brian McCartney was elected as the Vice-Chair of the National Telecommunications Cooperative Association’s Legal Committee.  The NTCA is the premier association representing more than 580 locally owned and controlled telecommunications cooperatives and commercial companies throughout rural and small-town America.  The NTCA’s Legal Committee reviews legal developments affecting


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Smarr to Participate as Co-Chair for Upcoming ABA Meeting

BSE Shareholder Charlie Smarr, Co-Chair of the ABA Beverage Alcohol Practice Committee, will conduct a committee meeting and a panel on the business agenda of the Section of Administrative Law and Regulatory Practice Spring Conference, April 12-14, 2013, in Santa Fe, New Mexico. The Co-Chairs hope that this meeting will be the beginning of ongoing


DWI: Does a warrantless blood draw violate the Fourth Amendment?

In 2013, the United States Supreme Court heard a landmark case in Missouri v. McNeely.  In McNeely, the Supreme Court held that under typical circumstances, the Fourth Amendment prevented police from taking a blood sample without first obtaining a warrant. Prior to that case, the state of Missouri had argued that it could require people accused of


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Court of Appeals Issues Energy Efficiency Programs Decision

On January 15, 2013, the Missouri Western District Court of Appeals handed down its opinion affirming several Missouri Public Service Commission rulemaking orders, which were issued to implement the landmark 2009 Missouri Energy Efficiency Investment Act (MEEIA).  MEEIA was enacted to encourage investor-owned electric utilities to provide energy efficiency programs to assist customers with reducing


Order of Protection: A man’s home is still his castle

A man’s home is still his castle. The Missouri Western District Court of Appeals determined recently that Missouri’s “castle doctrine” self-defense law applies to prevent a mother from getting an order of protection against the father of her child who pulled an AK 47 on her when she barged into his home and attacked him.


Fiscal Cliff Deal Impacts Federal Estate Tax

It appears that the Fiscal Cliff Deal will, among other things, bring some certainty to the Federal Estate Tax system that has been lacking for the last thirteen years, or so.  Reports indicate that the legislation will make permanent the existing exclusionary amount and portability provisions, while the tax rate for amounts beyond the exclusionary amount will increase (the top