News

Lashly & Baer attorneys Breanne E. Sergent and Stuart J. Vogelsmeier recently discussed compliance issues for providers at the March 8th Healthcare Management Association’s, Southern Illinois Chapter meeting in Mount Vernon, Illinois. Their presentation provided education to healthcare providers on Anti-Kickback issues. To read their complete presentation posted on www.sihfma.org CLICK HERE.

Wednesday, February 21, 2018 (St. Louis, Missouri) – Lashly & Baer, P.C., one of the oldest law firms in Downtown St. Louis, has named Lisa O. Stump as President. She succeeds Kenneth C. Brostron, who is stepping aside as President of the Firm, after over 30 years. Stump, who has practiced at Lashly & Baer for her entire career, becomes the first woman President of the Firm. Stump, 53, is also Chair of the Firm’s Governmental and Education practice group.

“I am honored to serve as Lashly’s President,” said Stump. “Ken has been a great leader for our Firm, and he has been a mentor to me. My goal is to continue to focus on the outstanding client service that Ken has championed.”

“Lisa is first and foremost a great lawyer,” Brostron said. “She is one of the best government and education lawyers in the State of Missouri. She has grown to be a leader of the Firm, and I am confident that the Firm will have great success in the future.”

Under Brostron’s leadership, Lashly’s reputation grew from a leading Midwestern litigation Firm to a full-service law firm including governmental and education, health law, business and finance practices. The leadership transition is part of the Firm’s strategic plan which was developed in 2013. Stump has been serving side-by-side with Brostron as the Firm’s President-Elect for the past year. Brostron will remain as a member of the Firm’s Board of Directors.

Stump believes that the transition will be seamless. “We’ve been planning this transition for the past five years. We will continue to focus on delivering outstanding legal services for our clients in an efficient manner,” said Stump. “We continue to look for talented attorneys who share our culture and vision for the future.”

Lashly joins a small percentage of major law firms that have a woman chief executive. Stump, who along with her husband Steve, raised their four children while practicing at the Firm, believes that Lashly has been a leader in recognizing workplace flexibility and embracing families, while still instilling and supporting a work ethic with the ultimate goal of serving clients. “Lashly allowed me to practice on a flexible schedule when I had small children, which was rare in the early 1990s,” Stump said. “Collectively, the Firm found ways to ensure that client service remain unchanged. Our clients want accessibility and results. That can happen from outside the traditional four walls of the office,” Stump added. “Our Firm has seen productivity rise when attorneys are given the tools to work in the manner which best serves them and their clients.”

Stump practices primarily in the areas of governmental and public institutions law including the representation of educational institutions. She advises public agencies on governance issues, contracts and procurement, governmental immunity, public employment, constitutional restrictions on taxation and bond issues, the use of public monies, elections and public records laws. She is the City Attorney for the City of Crestwood, and represents the Bi-State Development Agency, Rockwood School District, St. Louis County Library, St. Louis Public Library, and Downtown STL, Inc. Stump received her J.D. from Washington University School of Law where she was a member of the Order of the Coif and the Washington University Law Quarterly.

Brostron is a Fellow of the American College of Trial Lawyers. He was counsel to the Board of Education for the City of St. Louis for over 25 years. During that time he was lead counsel in the St. Louis Desegregation Case which generated billions of dollars for services to provide area children with educational opportunities for decades. For over 17 years, he has been selected by his peers for inclusion in The Best Lawyers in America^® in the fields of Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants, most recently in 2018. He was elected the 2016 Lawyer of the Year for St. Louis in the area of Medical Malpractice Law – Defendants by The Best Lawyers in America^®.

Lashly has also named the following attorneys as officers and members of the Board of Directors: Stuart J. Vogelsmeier, Executive Vice President, Stephen G. Reuter, Vice President Personnel, James C. Hetlage, Vice President Operations, and Mark R. Feldhaus, Vice President Finance.

Celebrating 106 years in business in 2018, Lashly has offices in Downtown St. Louis and Belleville, Illinois. Lashly & Baer has been named one of the Best Law Firms by U.S. News & World Report, and received national ranking in Health Care Law, while receiving top St. Louis ranking in Corporate Law, Health Care Law, Medical Malpractice Law – Defendants, and Personal Injury Law – Defendants.

For more information, contact Kara Brostron at 314-436-8366 or kmbrostron@lashlybaer.com. For a copy of the release click here.

February 28, 2018 – Congratulations to Michael D. Regan on being named one of the Best Mergers & Acquisitions Providers by Small Business Monthly. Nominees were chosen by Small Business Monthly Readers for being the best advisers for business owners in St. Louis. The complete list will be featured in the March issue of Small Business Monthly.

For the second year in a row, Lashly & Baer, P.C. has been named “Best In Customer Service” by the readers of St. Louis Small Business Monthly. The award will be featured in their February, 2018 issue. Click here to view the complete list of businesses recognized.

Springtime is fast approaching, and as you dutifully cross chores off of your spring cleaning to-do list, we encourage you to conduct an accessibility check-up of your entity’s website and web-based applications.

Under the Americans with Disabilities Act (“ADA”), public entities that choose to provide services through web-based applications or provide information to the public through the Internet must ensure that individuals with disabilities have equal access to such services and information. Equal accessibility of websites and web-based applications requires both technical accessibility and effective communication.

The Department of Justice (“DOJ”) was expected to issue updated website accessibility regulations this year; however, we do not expect the federal website accessibility regulations to be updated in the foreseeable future. The most recent regulatory agenda classifies the development of these regulations as inactive, and thus we recommend continuing to use the DOJ’s previous guidelines, as the standard for evaluating your organization’s Internet presence. It is best to continuously audit your website and web-based applications and work with IT personnel and website design vendors to ensure that proper accessibility features, such as alt tags, video captions and appropriate color combinations, are in place.

Public entity websites must also effectively notify interested persons with disabilities of the existence and location of accessible programs, services, and activities. We recommend periodically reviewing your entity’s website to ensure that the website effectively informs the public of the aids, accommodations, and services that are available to individuals with disabilities and provides equal opportunity access to all of your programs, services, and activities.

For more information, please contact Allison M. Scime at 314-436-8342 or ascime@lashlybaer.com, or contact your Lashly & Baer attorney.

January 10, 2018, Lashly & Baer, P.C. attorney Breanne E. Sergent recently participated on a panel at the SIU School of Law’s Business Boot Camp. The camp, in its fifth year, was held on January 10^th with more than 30 students who enrolled. The course was created to help law students understand basic business concepts that they are likely to encounter in their future work as attorney, such as employment and labor law, basic business planning and an introduction to health benefits in small businesses. Sergent was a part of the panel discussions and covered topics surrounding her career in transactional and health care law. To read more about the program visit the SIU Law School website here.

January 28, 2018, Lashly & Baer, P.C. attorney Peter W. Gullborg was been nominated by The Twenty-First Circuit Judicial Commission to sit on the panel of nominees to be submitted to Governor Eric Greitens to fill the circuit judge vacancy in St. Louis County created by the retirement of Judge Carolyn Whittington. Congratulation to Peter on this honor and good luck in the steps ahead. To read the full announcement from the commission see the full press release below.

Missouri: 21st circuit commission announces nominees for Whittington circuit judge vacancy in St. Louis County
Jefferson: The Government of Judicial Branch, Missouri has issued the following news release:

The Twenty-First Circuit Judicial Commission announced the panel of three nominees to be submitted to Governor Eric Greitens to fill the circuit judge vacancy in St. Louis County created by the retirement of Judge Carolyn Whittington.

Those nominated by the commission are:
Judge Joseph L. Green – Green graduated in 1982 from what is now Truman State University in Kirksville and in 1987 from Saint Louis University School of Law. He is currently an associate circuit judge in St. Louis County.

Peter W. Gullborg – Gullborg graduated from University of Missouri-Rolla in 1984 and from University of Maryland School of Law in 1994. He is currently an attorney at Lashly & Baer PC.

Judge Mary Elizabeth Ott – Ott graduated in 1982 from Saint Mary’s College in Notre Dame, Indiana, and in 1985 from Saint Louis University School of Law. She is currently an associate circuit judge in St. Louis County.

The commission conducted one day of public hearings and interviewed 24 applicants. The commission believes these candidates, chosen from a field of extremely qualified individuals, possess those qualities essential to the fair and efficient administration of justice. The commission is confident any of these individuals is capable of serving well and honorably if selected by the governor. Pursuant to Supreme Court of Missouri Rule 10.29, the commission reports the final votes received by each nominee were: Green received five votes, Gullborg received four votes, and Ott received five votes.

The members of the Twenty-First Circuit Judicial Commission are: James M. Dowd, chief judge of the Missouri Court of Appeals, Eastern District, and chairman of the commission; Tiffany Mapp Franklin; William P. Grant, Thomas K. Reedy and Jeffrey D. Sigmund.

Governor Bruce Rauner recently signed into law amendments to the Illinois Limited Liability Company Act (the “Act”) altering certain organizational and annual compliance fees charged by the Illinois Secretary of State. The amendments became effective on December 20, 2017. The most significant of these amendments reduces filing fees for articles of organization from $500 to $150 and  the filing fee of the annual report from $250 to $75.

Following its introduction in 1994, the limited liability company (“LLC”) has tended to be the vehicle of choice for Illinois businesses and entrepreneurs. With the exception of highly regulated enterprises, this popularity is primarily attributable to the fact that it combines the limited liability of a corporation with pass-through tax treatment of a partnership. Additionally, management structures are more flexible with members enjoying considerable freedom to write their own protocols for management.

Other recent amendments to the Act were designed to further align the Act with the Revised Uniform Limited Liability Company Act as adopted by numerous other states. Pursuant to these amendments, (1) members are not automatically agents of the LLC solely by reason of being a member; (2) oral and implied operating agreements are now recognized; (3) the LLC is automatically bound by the agreement, even if not expressly consented to in such agreement; (4) the LLC is presumed member-managed unless otherwise expressly stated in the operating agreement; (5) a person may become a member without acquiring an economic interest; (6) the operating agreement may eliminate or reduce a member’s fiduciary duties by clear and unambiguous language; (7) a withdrawn member’s rights to inspect LLC records is specified; (8) rights of a member’s judgment creditors are limited; (9) courts are granted authority to resolve disputes other than by dissolution; (10) an LLC is no longer required to purchase interests held by a withdrawn member; (11) the Act expanded rights permitting LLC conversion and domestication; (12) dissolution documentation is identified; and (13) the Act has greater recognition of electronic records.

The amendments include a number of other reductions in compliance costs and filing fees. A copy of the new legislation concerning regulatory fees is available here. The full text of the earlier changes to the Act is available here.

If you have any questions about changes to your Illinois LLC, or need assistance with these amendments, please contact attorney Peter C. Sullivan. or your current Lashly & Baer attorney.  Click Here to learn more about our Business and Corporate Practice Group.

This memorandum is provided by Lashly & Baer, P.C. for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.

Kenneth C. Brostron and Mark R. Feldhaus have won Top Defense Verdict for 2017 by Missouri Lawyers Weekly. The award honors Missouri-licensed attorneys who scored the biggest civil victories in Missouri courts, based on Missouri Lawyers Weekly’s Verdicts & Settlements database. These awards honor both trial victories and settlements.

Brostron and Feldhaus successfully defended three labor and delivery nurses in the care of a mother who gave birth to a son who suffered brain damage. The plaintiff asked for more than $20 million and the jury found for the defense 11 to 1. The complete announcement and ranking will appear in the February 5th issue of Missouri Lawyers Weekly.  

Lashly & Baer attorney, Patrick E. Foppe, was recently published in the December 20, 2017 DRI newsletter The Voice. Patrick’s featured article discusses Precluding Discovery of Preventability Determinations in Trucking Accidents Under 49 U.S.C. § 504(f).

The discoverability and admissibility of post-accident preventability determinations by trucking companies is often much disputed in truck accident cases. The Federal Motor Carrier Safety Administration’s recent adoption of the crash preventability program breathes new life into the argument that 49 U.S.C. § 504(f) affords a statutory basis to keep preventability determinations out of civil lawsuits. To read a pdf version of the full article CLICK HERE or to learn more about DRI visit www.DRI.org.