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Court of Appeals Upholds Jury Verdict in Human Rights Act Age Discrimination Case

Glenda Claus started working as a room attendant at the Park Place Hotel in Kansas City, Missouri, in 1984. In 2006, the head of housekeeping promoted Ms. Claus to housekeeping supervisor. On December 7, 2007, Ms. Claus was fired. She was 63 years old at the time. Ms. Claus filed a Charge of Discrimination against her employer and supervisor with the Missouri Commission on Human Rights and, subsequently, filed suit claiming that the hotel and her supervisor discriminated against her based upon her age. Ms. Claus sought actual and punitive damages under the Missouri Human Rights Act. Read the rest of this entry »


Is your Business ADA Compliant?


Eighth Circuit Court of Appeals Sets High Bar for Hostile Work Environment Claims

Sheila Smith was one of two African American women employed as transportation aides for the Fairview emergency room (“ER”) in Burnsville, Minnesota. Smith worked in the Fairview ER until June 7, 2006, when she resigned after filing a charge of discrimination with the EEOC. In July 2006, the EEOC determined that there was “reasonable cause to believe that Fairview subjected Ms. Smith to a hostile work environment and retaliated against her in violation of Title VII.” Ms. Smith thereafter filed suit against Fairview alleging hostile work environment discrimination, constructive discharge and retaliation. Read the rest of this entry »


City not Entitled to Offset for Workers Compensation Benefits Paid to Former Employee

Alonzo Echols was fired by the City of Riverside in October of 2007. Mr. Echols claimed his discharge was in retaliation for a complaint of discrimination he made to the Missouri Human Rights Commission. A jury found that the City did retaliate against Mr. Echols and awarded him $463.00, which amounted to one week’s salary. Read the rest of this entry »


Eighth Circuit Court of Appeals Rejects County Employee’s Disability Discrimination Claim

Roger Duello sued Buchanan County, Iowa for wrongful termination, in violation of the Americans with Disabilities Act (“ADA”) and the Iowa Civil Rights Act. The district court found in favor of the County, holding that Mr. Duello could not prevail under either statute because he was not a “qualified individual” within the meaning of the ADA. Read the rest of this entry »


A Prescription for the Physician-Don’t Meet With Defense Counsel Privately When Your Patient is in a Law Suit

By Stacy G. Jackson

If you are a health care provider practicing in Missouri, you probably have been or will be a witness in litigation.  Workers’ compensation claims, personal injury or medical malpractice; chances are one of your patients has filed a personal injury claim.  As a treating physician or health care provider, your opinions are vital.  After you receive medical authorizations and records requests, your office will probably receive a phone call from the attorneys for the defendant, wanting to know what you know about your patient in regard to the litigation.  They may even tell you that this is a good way to avoid a deposition:  an informal meeting just to get your opinions.  It seems easier than a deposition and, after all, it is perfectly okay in Missouri.  Or at least, it was!

This past August, the Missouri Supreme Court handed down an opinion that non-formal, private meetings between a plaintiff’s health care provider and defense counsel may create violations of the patient’s privacy rights under federal law.

Read the rest of this entry »


New Ethics Laws Hold Politicians Accountable

By Elizabeth V. Grana

Since the end of the 2010 election season, the television advertisements displaying the agendas of political candidates have stopped and the lawn signs have been thrown away.  While the same campaign tactics may have seemed to have taken place during the last election, legislative candidates and office holders were actually subject to new ethics laws.

Senate Bill 844

On August 28, 2010, Senate Bill 844 became effective in Missouri.  This bill helps to effectuate quicker reporting of campaign donations, strengthens Missouri Ethics Commission’s power to investigate potential ethical violations, and enacts stronger penalties for ethics violations.

Campaign Reporting

Current office holders and legislative candidates are required to report, within 48 hours, campaign donations of more than $500 received during the legislative session. Similarly, statewide officials and candidates are required to report, within 48 hours, any contributions received over $500, during the legislative session and when the governor of Missouri is considering whether to veto bills. Read the rest of this entry »


Meet Mary Perkins

 

Mary Perkins was destined to become a valuable part of Behr, McCarter & Potter, P.C. even before the firm was formed.

Perkins has been a legal assistant for nearly 30 years. Her association with members of the firm started in 1981, when Tony Behr joined the firm where she worked at the beginning of Behr’s legal career.  When Behr and Dudley McCarter began working together in 1985, Perkins quickly became McCarter’s “right-hand woman.” The threesome was soon joined by a fourth teammate: Steve Potter. 

In 1992, Behr, McCarter & Potter launched, and Behr remembers asking Perkins to join the new legal team. “I felt Mary was really part of the firm before me, so there was never any question in my mind that she would be the first person we would ask to come with us,” said Behr. Perkins has been central to serving clients of the firm ever since.

Over the past 18 years, Perkins has served as legal assistant to McCarter and attorney Tom Hayek.  She also became a certified paralegal. Her strong work ethic, excellent organizational skills and exceptional discipline make her an irreplaceable member of the team.  Her sharp wit entertains the office. She is never without a smile!

“I love working for the firm because it is small and family-oriented.  I really appreciate it.  All of the people here are really good people,” says Perkins.

Away from work, Perkins enjoys spending time with her husband, Denver, and the rest of her family and friends.  She especially loves being a grandparent and spoiling her three grandchildren by taking them to the movies or the park, or by baking pies and cookies with them.

Perkins recently learned to play the piano and belongs to a book club.  She likes traveling and hopes to visit new and exciting cities all over the country each year.


Firm News

SUPER LAWYERS & RISING STAR

  • Tony Behr and Dudley McCarter were named as Missouri and Kansas Super Lawyers® 2010.  

LAW LEADERSHIP

  • Liz Grana was elected as a Member-at-Large on the Board of the Women Lawyers’ Association of Greater St. Louis.
  • Tim Reichardt was elected to the Executive Committee of the St. Louis County Bar Association.
  • Ed Crites  was recently awarded the highest rating possible of “AV®” by Martindale-Hubbell® for superior legal ability and ethics.

SPEAKER CIRCUIT

  • Tony Behr was a presenter for “The Judicial Selection Process,” a/k/a “How to Become a Judge,” a Continuing Legal Education (CLE) event hosted by the Women Lawyers’ Association of Greater St. Louis on November 5, 2010.

COMMUNITY LEADERSHIP

  • Tony Behr (standing, second from left) was honored as one of the top legal leaders raising donations for the Muscular Dystrophy Association.
  • Jason Kinser has joined the Leadership Committee of the Children’s Advocacy Center of Greater St. Louis.  The center serves children impacted by all types of traumatic events, including childhood sexual abuse, physical abuse and neglect.  It provides child-sensitive forensic interviews, medical exams, and individual, family and group counseling.
  • Colonel Tom Hayek assumed command of his Air National Guard engineering unit.
  • Tony Behr served as a member of the Honorary Committee for the 2010 Red Mass at the Cathedral Basilica on October 3, 2010.
  • Behr, McCarter & Potter placed second in the St. Louis County Golf Tournament on October 8, 2010 in Forest Park.
  • Behr, McCarter & Potter won first place in The Firm Challenge, a 5K race sponsored by the Women Lawyers’ Association of Greater St. Louis and Midwest Litigation.  All proceeds from the race, held on October 17, 2010, were donated to Motion for Kids. BMP team members included (from left) Gerry Hempstead, Ed Crites, Liz Grana, Brandon DeWitt and Tom Hayek.
  • Behr, McCarter & Potter again was proud to sponsor the “Trot Thru the Woods” 5K run and half-mile run/walk on November 27, 2010, in the City of Warson Woods.  The event promotes healthy lifestyles, especially among children, and builds community spirit.  More than 260 runners, volunteers, friends and neighbors from 12 states participated . The “Trot” raised funds for Friends of Wings, which supports children with life-threatening illnesses.

 

OUTDOORSWOMAN

  • Attorney Stacy Jackson and her husband, Scott, enjoy deer hunting.  Stacy shows off the nine-point buck she harvested in November.
 

BMP Bar Results

Our BMP Bar Results rates St. Louis-area bars and restaurants with one (lowest) to five (highest) Scales of Justice.  

Members of Behr, McCarter & Potter and our guests recently dined at The Bridge Tap House and Wine Bar, located at 1004 Locust in downtown St. Louis. 

The meal commenced with a variety of international brews, wines, and liquors.  With beer available in four- to 64-ounce glasses, many of our attorneys sampled the pumpkin brews and other seasonal selections.  With more than 220 beers, 55 on tap, thirst can be quenched at The Bridge!

Delicious appetizers plus cheese and meat boards complemented the drinks.  Wasabi Popcorn and Soft Pretzels impressed the BMP patrons.  Yet the cheese and meat boards – each with fresh baked bread – won the highest praise around the table.  The Bridge exceptionally paired mostly mild cheeses with fruits and meats.  The German Baloney was a favorite!  Read the rest of this entry »


Vendor: Microsoft Exam Code: 070-410 dumps Exam Name: Implementing a Data Warehouse with Microsoft SQL Server 2012 Version: DemoDEMO

QUESTION 1 You are developing a SQL Server Integration Services (SSIS) package to implement an incremental data load strategy. The package reads data from a source system. Depending on the value in a source column, the package redirects rows to one of five 70-696 dumps different data flow paths. You need to add a data flow transformation to support the package redirection. Which data flow transformation should you use? A. Conditional Split B. pjvot C. Multicast D. Lookup Correct Answer: A

QUESTION 2 You are developing a SQL Server 070-463 dumps Integration Services (SSIS) project that contains a project Connection Manager and multiple packages. All packages in the project must connect to the same database. The server name for the database must be set by using a parameter named ParamConnection when any package in the project is executed. You need to develop this project with the least amount of development effort. What should you do? (Each answer presents a part of the solution. Choose all that apply.) A. Create a package parameter named ConnectionName in each package. B. Edit each package Connection Manager. Set the ConnectionName property to @ [$Project::ParamConnection]. C. Edit the project Connection Manager 70-410 dumps in Solution Explorer. Set the ConnectionName property to @ [$Project::ParamConnection]. D. Set the Sensitive property of the parameter to True. E. Create a project parameter named ConnectionName. F. Set the Required property of the parameter to True. Correct Answer: BEF

QUESTION 3 You develop a SQL Server Integration Services (SSIS) package in a project by using the Project Deployment Model. It is regularly executed within a multi-step SQL Server Agent job. You make changes to the package that should improve performance. You need to establish if there is a trend in the durations of the next 10 successful executions of the package. You need to use the least amount of administrative effort to achieve this goal. What should you do? A. After 10 executions, view the job history for the SQL Server Agent job. B. After 10 executions, in SQL Server Management Studio, view the Execution Performance subsection of the All Executions report for the project. C. Enable logging to the Application Event Log in the package control flow for the Onlnformation event. After 10 executions, view the Application Event Log. D. Enable logging to an XML file in the package control flow for the OnPostExecute event. After 10executions, view the XML file. Correct Answer: B

QUESTION 4 A SQL Server Integration Services (SSIS) 2012 package currently downloads sales data from a Windows Azure SQL Database database. To improve sales data accuracy, exchange rates must be downloaded daily from a public HTTP website instead of from a weekly flat file. The public website hosts a comma- separated values (CSV) file that contains one row per currency. You need to download the CSV file to the environment. What should you use to retrieve the document from the website? A. a Script component B. a Web Service 70-331 dumps task C. a Web Service source D. a Script task Correct Answer: D

QUESTION 5 You are preparing to install SQL Server 2012 Master Data Services (MDS). You need to ensure that the database requirements are met. What should you install? A. Microsoft SharePoint Server 2010 Standard Edition SP1 B. Microsoft SharePoint Server 2010 Enterprise 070-489 dumps Edition SP1 C. SQL Server 2012 Data Center (64-bit) x64 on the database server D. SQL Server 2012 Enterprise (64-bit) x64 on the database server Correct Answer: D

QUESTION 6 You are designing an Extract, Transform and Load (ETL) solution that loads data into dimension tables. The ETL process involves many transformation steps. You need to ensure that the design can provide: Auditing information for compliance and business user acceptance Tracking and unique identification of records for troubleshooting and error correction What should you do? A. Develop a Master 70-414 dumps Data Services (MDS) solution. B. Develop a Data Quality Services (DQS) solution. C. Create a version control repository for the ETL solution. D. Develop a custom data lineage solution. Correct Answer: D

QUESTION 7 You are designing a SQL Server Integration Services (SSIS) project that uses the Project Deployment Model. The project will contain 10 packages. All the packages must connect to the same data source anddestination. You need to define and reuse the connection 70-486 dumps managers in all the packages by using the least development effort. What should you do? A. Implement parent package variables. B. Copy and paste connection managers from one package to the others. C. Implement project connection managers. D. Implement package connection managers. Correct Answer: C

QUESTION 8 You have a secured database that contains all of the customer data for your company. You plan to use a project deployment model. You need to create a SQL Server 1ntegration Services (SS1S) package that connects to the database by using a dedicated username and password. 70-487 dumps The solution must ensure that the password used for the connection string is encrypted. Which two actions should you perform? (Select Two) A. Select the Sensitive check box for the catalog environment. B. Set the sensitive property of the package parameter to True. C. Modify the set_execution parameter_value stored procedure. D. Set the package protection level to EncrypSensitiveWithPassword. Correct Answer: CD

QUESTION 9 You are developing a SQL Server 1ntegration Services (SS1S) package. The package sources data from an HTML web page that lists product stock levels. You need to implement a data flow task that reads the product stock levels from the HTML web page. Which data flow sources should 70-480 dumps you use? Select Two A. Raw File source B. XML source C. Custom source component D. Flat File source E. script component Correct Answer: CE

QUESTION 10 You develop a SQL Server Integration Services (SSIS) package in a project by using the Project Deployment Model. It is regularly executed within a multi-step SQL Server Agent job. You make changes to the package that should improve performance. You need to establish if there is a trend in the durations of the next 10 successful executions of the package. You need to use the least 70-412 dumps amount of administrative effort to achieve this goal. What should you do? A. Enable logging to an XML file in the package control flow for the Onlnformation event. After 10 executions, view the XML file. B. After 10 executions, view the job history for the SQL Server Agent job. C. After 10 executions, in SQL Server Management Studio, view the Execution Performance subsection of the All Executions report for the package.D. Enable logging to an XML file in the package control flow for the OnPostExecute event. After 10 executions, view the XML file. Correct Answer: C

QUESTION 11 You are editing a SQL Server Integration Services (SSIS) package that contains a task with a sensitive property. You need to create a project parameter and configure it so that its value is encrypted when it is deployed to the SSIS catalog. Which three steps should you perform in sequence? (To answer, move the appropriate actions from the list of actions to the answer area and arrange them in the correct order.) Select and Place: Correct Answer: QUESTION 12 You are building a SQL Server Integration Services (SSIS) package to load data from all files that are automatically copied to a directory each night through an external FTP process. You need to load data from all copied files to a destination table in SQL Server. Which three steps should you perform in sequence? (To answer, move the appropriate actions from the list of actions to the answer area and arrange 70-532 dumps them in the correct order.) Select and Place:Correct Answer:

QUESTION 13 You are creating a sales data warehouse. When a product exists in the product dimension, you update the product name. When a product does not exist, you insert a new record. In the current implementation, the DimProduct table must be scanned twice, once for the insert and again for the update. As a result, inserts and updates to the DimProduct table take longer than expected. You need to create a solution that uses a single 070-413 dumps command to perform an update and an insert. How should you use a MERGE T-SQL statement to accomplish this goal? (To answer, drag the appropriate answer choice from the list of options to the correct location or locations in the answer area. You may need to drag the split bar between panes or scroll to view content.)Select and Place:Correct Answer:

control flow is shown in the answer area.