alternative dispute resolution

Alternative dispute resolution (ADR) is a popular means of resolving disputes - particularly business and construction disputes - outside the constraints of traditional litigation. Through non-binding mediation, binding arbitration and early neutral evaluation proceedings, parties can avoid the costly expense of trial. However, when entering into ADR, it is important to understand and defend your legal rights, even if you choose not to do so through litigation.  Our attorneys have a thorough grasp of techniques such as arbitration, early neutral evaluation, non-binding mediation, and mini-trials. The firms' attorneys are prepared to discuss these options with the its clients, including when to enact these options, strategies for use, cost-effective use, what to consider when drafting ADR provisions in agreements, and the selection of proven neutral arbitrator and mediators.  Several of the firm's attorneys are specially trained and court-qualified in these techniques in order to better serve the clients' interests.  

appellate practice

We offer a wide variety of services in addition to the traditional appeal, including preparation of post trial motions, preparation of writ petitions, and transfer petitions. Our attorneys are available to consult with trial counsel before, during and after the trial, as decisions made at the trial level can impact the appellate process significantly.

Our appellate attorneys have significant experience, including landmark decisions such as Neske v. City of St. Louis, 218 S.W.3d 417 (Mo. banc 2007), Morton v. Brenner, 842 S.W.2d 538 (Mo. banc 1992) and Missouri Merchants and Manufacturers Assn v. Missouri, 42 S.W.3d 628 (Mo. banc 2001). Other notable decisions obtained by the firm are listed below.

Our attorneys possess excellent legal research and writing skills and are intimately familiar with appellate procedure. Furthermore, they are admitted to practice in a number of state and federal courts around the country.

• MSEJ, LLC v. Transit Casualty Company in Receivership, 280 S.W.3d 621 (Mo. banc 2009)
• State ex rel. Nixon v. Vacation Travel, L.L.C., 241 S.W.3d 433 (Mo. App. 2007)
• Neske v. City of St. Louis, 218 S.W.3d 417 (Mo. banc 2007)
• Abbott Ambulance v. St. Charles County Ambulance District, 193 S.W.3d 354 (Mo. App. 2006)
• 2030 Delmar, L.L.C. v. Boa Construction Company, 164 S.W.3d 98 (Mo. App. 2005)
• Interstate Cleaning Corporation v. Commercial Underwriters Corporation, 325 F.3d 1024 (8th Cir. 2003)
• Westwood Partnership v. Gogarty, 103 S.W.3d 152 (Mo. App. 2003)
• Atlas Reserve Temporaries, Inc. v. Vanliner Insurance Company, 51 S.W.3d 83 (Mo. App. 2001)
• Missouri Merchants and Manufacturers Assn v. Missouri, 42 S.W.3d 628 (Mo. banc 2001)
• Wolfner v. Board of Adjustment of City of Warson Woods, 39 S.W.3d 73 (Mo. App. 2001)
• State ex rel. Missouri Land Reclamation Commission v. Calhoun, 34 S.W.3d 219 (Mo. App. 2000)
• American Healthcare Management, Inc. v. Director of Revenue, 984 S.W.2d 496 (Mo. banc 1999)
• Brambles Industries, Inc. v. Director of Revenue, 981 S.W.2d 568 (Mo. banc 1998)
• St. Charles County v. Director of Revenue, 961 S.W.2d 44 (Mo. banc 1998)
• Lincoln County Ambulance District v. Pacific Employers Insurance Company, 15 S.W.3d 739 (Mo. App. 1998)
• Casualty Reciprocal Exchange v. Missouri Employers Mutual Insurance Company, 956 S.W.2d 249 (Mo. banc 1997)
• Transit Casualty Company in Receivership v. Certain Underwriters at Lloyd's of London, 963 S.W.2d 392 (Mo. App. 1998)
• Alpha One Properties, Inc. v. State Tax Commission of Missouri, 887 S.W.2d 390 (Mo. banc 1994)
• Bachman v. City of St. Louis, 868 S.W.2d 199 (Mo. App. 1994)
• Morton v. Brenner, 842 S.W.2d 538 (Mo. banc 1992)
• Rothschild v. State Tax Commission, 762 S.W.2d 35 (Mo. banc 1988)
• Police Retirement System of St. Louis v. City of St. Louis, 763 S.W.2d 298 (Mo. App. 1988)
• Aaron v. Havens, 758 S.W.2d 446 (Mo. banc 1988)
• Lambing v. Southland Corporation, 739 S.W.2d 717 (Mo. banc 1987)
• ACI Plastics, Inc. v. City of St. Louis, 724 S.W.2d 513 (Mo. banc 1987)
• Associated Industries of Missouri v. State Tax Commission of Missouri, 722 S.W.2d 916 (Mo. banc 1987

class actions

Our firm has been involved in a large number of class action litigation, both as plaintiffs' counsel and defense counsel across the country, including suits involving the Hancock Amendment under the Missouri Constitution, Fair Labor Standards Act (FLSA),Telephone Consumer Protection Act (TCPA); wage hour overtime, document fee preparation, insurance carrier overcharges for workers' compensation premiums and use tax refunds.    Our class action experience involves representing individuals and also companies in the farm, sewer treatment, automotive, financial services, restaurant, and vacation industries. Furthermore, we regularly lead and coordinate litigation in multiple forums.  

closely-held business

Our attorneys provide expert legal counsel and offer a wealth of experience and expertise to hundreds of closely-held businesses and their owners. We have successfully and efficiently addressed our clients' needs, beginning at start-up and formation, continuing operation and growth and through exit and transition. We effectively rely on a broad range of disciplines including corporate governance, tax and succession planning, mergers and acquisitions and real estate and financing, among others, to provide our closely-held business clients a complete package of legal and advisory services.

commercial and business law

Our firm's commercial and business litigation team features a renowned group of seasoned attorneys with decades of experience in business disputes. The team encompasses skilled attorneys who successfully try cases in state and federal courts, and who are experienced in negotiation, mediation, arbitration, and other forms of alternative dispute resolution.  We represent a variety of business institutions, from large public and private corporations to owners of small businesses. While our business team has grown to become large enough to provide exemplary litigation services, it remains small enough to offer significant cost savings to our clients. We focus on working closely with our clients as strategists, defining the objectives of the litigation and implementing a strategy to achieve those objectives most effectively and efficiently.  Our substantive expertise is broad and encompasses complex commercial litigation, including class actions, varied types of contract disputes, fraud, warranty breaches, employment, unfair business practices, business torts, real property and construction litigation, environmental, consumer remedies, creditors' rights and securities fraud litigation.  We are committed to providing superior service to our clients and are proud of the talent and diversity of our commercial and business attorneys.  

construction law

The firm has been a leader in construction law since it was founded in 1984. Many of the firm's attorneys routinely publish and lecture on relevant and significant construction law topics. Matthew D. Menghini and Brian E. McGovern are distinguished as two of Missouri's leading authorities regarding construction disputes and litigation. Together, they have over forty years of construction law experience.    Our firm has represented owners, developers, general contractors, design professionals, subcontractors and suppliers in both litigation and non-litigation matters. We have developed an outstanding and loyal client base in this area of law and continue to serve our clients on a daily basis. We have worked in the public and private sector from contract preparation and negotiation, prosecution and defense of claims, and arbitration and mediation as well as litigation in state and federal courts. Our firm has extensive expertise in mechanic's liens, bonds, lien waivers, interpretation of contracts, the effect of state and federal Laws on construction projects, and construction disputes. We are also experienced in counseling businesses in the construction industry in the development of proactive measures to protect their rights and to avoid costly litigation.    Our firm takes great pride in the reputation that we have developed in the construction law area. We are experienced and skilled in this area and will provide you with cost effective representation while protecting your rights. Please feel free to contact one of our attorneys anytime with any questions you may have in the construction industry.  

corporate law

Our corporate practice is supplemented by attorneys with commercial experiences involving corporate governance, officer and director fiduciary duties, government investigations, antitrust, labor and employment and tax.  Our corporate attorneys are experienced in all aspects of business planning and problem solving, from the formation and initial financing of a business, to acquisitions, mergers, dispositions and liquidations. We have attorneys dedicated to corporate transactions and providing legal guidance for:  

 
• General corporate representation, including corporate governance
 
• Mergers and acquisitions
 
• Secured and unsecured debt financing
 
• Real estate acquisitions and dispositions
 
• Leveraged buyouts and management buyouts
 
• Leveraged ESOPs
 
• Taxation
 

criminal law

Our criminal defense attorneys have a long history of successful cases and always seek the best interests of our clients. Our firm emphasizes in the defense of individuals accused of misdemeanors and felonies whether pending in municipal, state or federal court.  Our criminal attorneys defend cases involving drugs or alcohol, domestic violence, sex crimes, juvenile crimes, theft crimes, murder/homicide, kidnapping, firearms offenses, expungements and all traffic violations.  Dedicated to personalized, results-oriented representation, our firm strives to keep its clients informed and as comfortable as possible through what is often the most difficult journey they will ever take.  Please contact the firm to meet with one of our excellent criminal defense attorneys.  

entertainment law

Our firm relies on our depth of expereince and broad range of disciplines to advise numerous individual and institutional entertainment clients on a variety of complex matters that arise from time to time. We are attorneys of record to movie exhibition and distribution companies, independent film companies, and production companies with respect to negotiating development/production agreements and option/acquisition agreements, creating production entities and providing counsel as to their rights and responsibility under applicable union agreements.

environmental law

Our attorneys have a wide variety of expertise in environmental law. We have represented our clients in environmental litigation, including defense of enforcement actions, environmental compliance counseling and planning, Clean Water Act Compliance and enforcement defense, OSHA and MSHA compliance and defense, and natural resource mitigation throughout the United States. Our attorneys can provide cost-effective solutions to your environmental law problem.

family law

Our family law attorneys' first and primary goal is reaching a reasonable settlement without going to trial. But when a trial is necessary to resolve client problems, our domestic clients benefit from having aggressive, effective trial attorneys supporting them in the courtroom. Our attorneys in this area are thorough economic and financial planners, well-seasoned negotiators and accomplished litigators.  Clients also benefit from our family law attorneys' ability to use wider resources of the firm to resolve their problems. The group draws on the knowledge and experience of attorneys in the firm's business, estates & trusts, and real estate areas.  Our firm's attorneys expertly represent families in all their needs. We represent the best interests of mothers, fathers, children and grandparents in the following areas:

• Adoptions and step-parent adoptions
• Annulment
• Legal separation
• Divorce
• Spousal maintenance
• Child support
• Child custody
• Visitation / Parenting time
• Property valuation and division
• Post-dissolution matters of all kind
• Post judgment modification of alimony, child custody, and child support
• Domestic abuse proceedings
• Pre-marital and post-marital agreements
• Change of name
• Paternity
• Adoption
• Review and appeal

finance

Our firm provides a full range of corporate finance services to help our clients secure and invest capital in an efficient manner to satisfy their individual requirements. We have represented a variety of lenders, purchasers, borrowers, issuers, trustees and underwriters in a myriad of complex and creative transactions, including those predicated on the clients ability to secure federal, state and/or local bond financing.

health care law

Our firm's health care practice includes both litigation and non-litigation matters. Our attorneys often represent doctors, nurses, and other practitioners accused of malpractice. We also defend health care facilities, including some of the largest clinics and practice groups in the area. We also represent health care providers before licensing boards and in employer-employee disputes.    Our attorneys have represented clients in the matters involving qui tam litigation, employment agreements, covenants not to compete, mergers and acquisitions of health care providers, HIPAA (Health Insurance Portability and Accountability Act), Certificates of Need, and consent to treatment.  

insurance defense & coverage

Our attorneys offer both insurers and insureds excellent, cost-effective legal counsel and litigation experience in all aspects of insurance law.  Our attorneys have achieved a high degree of success in handling first party insurance claims, including business interruption, fidelity, life, property and extra-contractual liability cases. Our attorneys regularly try to conclusion cases involving complex insurance issues including complex life insurance issues, interpleader actions, and the defense of insureds based upon misrepresentations in applications.  Our firm prides itself in the ability to advise clients on a state, regional and national bases with regard to insurance coverage issues shortly after the claim is reported. The attorneys help to guide and advise their insurance clients through the adjustment and investigation stage of the claims once coverage issues become apparent to the client.  Our attorneys have a depth of experience in all types of insurance contract, whether form filled, manuscript or following form, property, casualty, health, disability, life, excess, umbrella or reinsurance. The attorneys have a long history of successfully prosecuting and defending declaratory judgment actions involving all types of insurance disputes.  

labor and employment law

Our firm handles employment related matters from an employer perspective.    Attorneys in the firm represent private and public sector organizations before state and federal agencies and courts, including the NLRB, EEOC, Department of Labor, Wage and Hour Division and OFCCP. They also advise and litigate matters arising under Age Discrimination in Employment Act of 1967 (ADEA); Americans with Disabilities Act of 1990 (ADA); Equal Pay Act of 1963 (EPA); Employee Retirement Income Security Act of 1974 (ERISA); Fair Labor Standards Act (FLSA); Family and Medical Leave Act (FMLA); Immigration Reform and Control Act of 1986; National Labor Relations Act (NLRA); Railway Labor Act (RLA); Older Worker Benefit Protection Act (OWBPA); Sarbanes-Oxley Act of 2002; Title VII of the Civil Rights Act of 1964 (Title VII); Uniformed Services Employment and Reemployment Rights Act (USERRA) and Worker Adjustment and Retraining Notification (WARN).    Our representation goes beyond the courtroom and extends to personnel matters. Our attorneys prepare employee manuals, review personnel policies and counsel employers on all types of personnel issues. Our labor attorneys also practice in the union arena where they negotiate contracts, arbitrate grievances and assist companies during labor unrest. Several of the attorneys lecture and provide extensive training in this area of labor and employment law as well as litigation in state and federal courts in Missouri and Illinois.    Michael Kaemmerer is the Chair of this area of practice. He has been listed in Best Lawyers in America for over 10 years, has been named to the Missouri - Kansas list of “Super Lawyers” and has been recognized as one of the top 100 Labor Attorneys in the United States by an independent rating service.  

landlord & tenant law - commercial & residential

Commercial landlords need legal assistance from experienced lawyers who understand this area of the law as well as their business concerns. Leasing to tenants at a shopping center, office building, warehouse or other commercial facility involves issues from lease interpretation to collection of unpaid rent. Property managers and brokers depend upon our advice for management decisions, contract language and enforcement and eviction.  Our firm represents many of the largest commercial landlords in Missouri. We pride ourselves on taking a practical, business approach to resolving tenant issues. Whether the property manager is new at the job or hardened by the battle, our attorneys can help them with the difficult task of retaining good tenants, enforcing agreements, and settling disputes.  Our firm negotiates and drafts leases for all types of commercial properties, including office buildings, shopping centers, restaurants and mixed use developments. We have negotiated and drafted leases, lease amendments and addenda for large and small property owners and property management companies. Our attorneys are very experienced with eviction proceedings and the procedures necessary to efficiently remove a defaulting tenant. Our litigation experience assists landlords by pursuing their claims through trial if necessary. We have also helped numerous clients avoid and defend suits brought by tenants against their landlords.  Our attorneys also represent residential landlords and tenants in the negotiation, drafting and closing of agreements and have further represented landlords and tenants in suits for breaches of the warranty of habitability, rent and possession, housing discrimination, eviction and wrongful eviction or the like.  

litigation

Our litigation attorneys defend and prosecute civil disputes and have litigated, arbitrated and mediated cases in both federal and state court. We have successfully tried and creatively settled numerous cases in virtually every area of litigation. The firm's litigation practice offers firsthand experience and wide-ranging resources to protect clients' interests. Our attorneys have extensive case handling experience, and can draw on broad subject matter expertise throughout the firm as necessary to support the client's position.    Our attorneys look for approaches that will be most effective, taking account of economic and non-economic objectives. Our firm has the resources to properly staff cases, and the sensitivity to avoid overstaffing. We recognize our clients have individual goals that require varying litigation techniques dependent on the size and unique needs of the individual client. Therefore, we work closely with our clients in order to tailor a litigation strategy that best fits each client's cost and proficiency model.    Whether the client is a large, medium-sized or small company, we are committed to the client's satisfaction through responsiveness and the value of the services we provide.

medical malpractice

The attorneys at McCarthy, Leonard & Kaemmerer, L.C. are experienced medical malpractice attorneys. When a medical professional acts or fails to act in a way that deviates from the accepted standard of care in the medical community which then causes injury to a patient, the experienced attorneys are committed to seeking fair and just compensation for those injured.

mergers & acquisitions

Our attorneys have represented public and private companies in hundreds of M&A deals and transactions. Our experience includes representation of purchasers, sellers and interested third parties in a broad array of transactions, including complex sales and acquisitions, tax-free and taxable merger transactions and divestitures, and the creation of joint-ventures, long-term licensing and asset sharing arrangements. In each instance, our attorneys provide advice on the myriad of situations and consequences that arise during the course of a deal, including those involving financing, tax, real estate, employment and regulatory issues.

municipal law

Our firm's municipal law practice includes representation of cities, school districts, fire protection districts, ambulance districts, and other special purpose governmental bodies. The members of the firm bring years of experience in the provision of legal advice to its public sector clients and unique knowledge of governmental operations from within the government itself. The firm's philosophy of providing cost-efficient and timely legal services has been invaluable to its public sector clients.

personal injury

If you have sustained an injury due to someone else's negligence or carelessness, it is important that you retain the services of a personal injury attorney who is experienced in successfully handling personal injury cases. Our attorneys have years of experience in personal injury lawsuits, as well as the necessary skills needed that can effectively and correctly handle your case.  Our personal injury attorneys have litigated cases involving car accidents, medical mistakes, defective products, work injuries and premises liability. The firm's personal injury practice focuses on maximizing compensation for medical expenses, pain and suffering, future care needs, lost wages and any additional losses you have incurred through aggressive and thorough legal action  

real estate & development

Our firm maintains a sophisticated and dedicated real estate and development practice. Our expertise in acquisitions and dispositions, corporate real estate, real estate finance and work outs, real estate development and public incentives, construction and design, zoning, land use and municipal law, environmental law, real estate taxation and real estate remedies, litigation and dispute resolution provide a comprehensive package of available services for a client with substantial real estate related needs.    Furthermore, our attorneys counsel clients involved in all aspects of development work, from the acquisition of land through the construction and leasing of commercial, industrial and residential properties, including eminent domain, zoning and land use matters and court challenges.  

reinsurance & insurance insolvency

McCarthy, Leonard & Kaemmerer, L.C. is well recognized in the field of insurance and reinsurance law. The firm has been general counsel to the Receiver for Transit Casualty Company, the largest insurance receivership in U.S. history since 1991. The firm also represents other insurance and reinsurance companies. As a result, our attorneys have negotiated and litigated with national and international insurance and reinsurance companies all over the United States, in Great Britain, Bermuda, Europe, and the Orient. In addition to Transit we have represented London United Reinsurance Company (Bermuda) Ltd. in Liquidation; Desert Insurance Company Ltd. in Liquidation; English & American Insurance Company Ltd. (in Administration); KWELM Companies (includes Kingscroft Insurance Company Ltd., Walbrook Reinsurance Company Ltd., El Paso Insurance Company Ltd., Lime Street Insurance Company Ltd., and Mutual Reinsurance Company Ltd.); Participant Run-off Ltd.; Bermuda Fire & Marine Insurance Company in Liquidation; American Interfidelity Exchange; Southern American Insurance Company in Liquidation (member of Weavers Stamp); Electric Mutual Liability Insurance Co., Midland Insurance Company in Liquidation and The Home Insurance Company in Liquidation.    Other solvent insurers and reinsurers that we have represented are Argonaut Insurance Company; Safety National Casualty Company, Aetna Life & Casualty Company; CNA Insurance Company; Continental Casualty Company; Casualty Indemnity Exchange; Credit General Insurance Company; Commercial Underwriters Insurance Company; Ludgate Insurance Company Ltd; First Commonwealth, Inc.; Blue Cross Blue Shield of Kansas City; Credit General Insurance Company. Everest Reinsurance Company; Alma Insurance Company, Limited and AXA Global Reinsurance Co.  As an adjunct to this practice, the firm has advised various groups within the National Association of Insurance Commissioners (NAIC) and administrators within other states with respect to legislative issues affecting insurance and reinsurance law.  

school law

Our firm serves as general counsel for Kirkwood R-7 School District, handling all administrative matters and all employee and student discipline. In addition, we represent groups of schools in varied litigation involving Missouri statutory interpretation and Missouri constitutional law issues.

state and local taxation litigation

Our attorneys have been very successful in litigating on a state and local level to recover illegally imposed taxes, including sales and use tax, business license taxes imposed in violation of the Commerce Clause, the proper use of tax exemptions under the taxing codes and methodology for taxing various types of real properties. This is a highly specialized area that requires knowledge of the local rules as well as state statutes which must be followed in obtaining refunds. Our attorneys have developed resources outside the firm to assist with this practice and have been leaders in making the law in this volatile area of litigation.

tax and estate planning

Our tax and estate planning attorneys provide assistance and guidance to a wide spectrum of clients who wish to effectively transfer wealth, during lifetime or at death, with minimal tax consequences. Our attorneys are experienced in the structuring, drafting and implementation of complex estate and business succession plans designed to preserve and transfer assets, including closely-held businesses, in a manner that is cost effective. In addition, we represent clients under audit with the Internal Revenue Service and perform other income tax matters such as business structuring.    Our attorneys engage in personal estate and tax planning, probate and trust administration, business succession planning, including the creation of charitable trusts, the creation of charitable foundations, estate planning, estate, gift, and income tax advice, marital agreements, closely-held business practice, will and trust preparation, estate and trust administration, will and trust litigation, irrevocable insurance trusts, guardianships and conservatorships, Medicaid and Medicare trust planning, and retirement benefit planning.  

workers compensation

Workers' Compensation benefits provide a means of tax-free income to individuals injured while working. While some situations and claims are straightforward, many involve complex issues including: employer's notice of the accident, causal relationship, accident v. occupational disease, prima facie medical evidence, schedule loss of use determinations, etc. Often times the insurance company will fight to have these issues decided in their favor so as to minimize liability.  Our worker's compensation practice focuses on the rights of individuals and families who have suffered because of a work related accident. We will collect all necessary evidence for your case, file your claim and take every necessary legal action to ensure that you receive just compensation.  Our firm's attorneys represent employees injured at work by helping them obtain payment for medical treatment, total disability payment, partial disability payment, and lump sum payments.