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Firm News – Summer 2014

  • “Liz Grana is finishing up a term as the President-Elect for the Women Lawyers’ Association of Greater St. Louis (“WLA”). Liz will be installed as President of the WLA in September 2014.
  • Ed Crites and his daughter Annie ran in the 2014 Boston Marathon.  It was Ed’s third Boston and Annie’s first. The memory of the 2013 bombing gave this year’s marathon a deeper sense of purpose, with many moving tributes to the victims.  The theme was “Boston Strong” and it seemed the entire city turned out in support.  Boston’s sense of pride was heightened by an American winning the men’s race for the first time in 31 years.  All in all it was a great experience.
  • Ed Crites has been reappointed to the City of Warson Woods Board of Adjustment and as Provisional Municipal Judge.
  • Dudley McCarter elected President of the University of Missouri Alumni Association.

 

 

 

 


Making Sense of Payment Bonds in Public Works Contracts

Missouri IconContractors on public works contracts are required by statute to obtain payment bonds to ensure payment to parties furnishing labor or materials.  Ed Crites recently co-authored an article appearing in the Journal of the Missouri Bar entitled “Payment Bonds for Public Works Contractors” that provides the first comprehensive examination of this area of the law.

His article, which can be accessed at http://www.mobar.org/uploadedFiles/Home/Publications/Journal/2014/01-02/payment-bonds.pdf, is helpful to both contractors and public officials who are contracting for public works.


Protecting Your Company from Reckless Hiring Claims

By Andrew T. Tangaro

In 1995, the Missouri Supreme Court set forth a rule that was highly favorable to trucking companies and employers in general.  In McHaffie v. Bunch, the Supreme Court held that a trucking company could not be liable for both the negligent acts and negligent hiring of its truck drivers.  The effect of this rule was that a trucking company could admit that its driver was acting within the scope of his/her employment without making information regarding the trucking company’s hiring practices discoverable.  In McHaffie, however, the Supreme Court left open the possibility that a trucking company could be liable for both the acts of its driver and its hiring practices if the company’s hiring practices were sufficiently reckless to warrant punitive damages.

For the next eighteen years, no Missouri appellate courts reconsidered the matter.  During that time, however, Federal District Courts began to chip away at the armor provided by McHaffie. Recently, the Court of Appeals for the Western District of Missouri finally reconsidered McHaffie’s holding.  In Wilson v. Image Flooring, LLC, the Court of Appeals held that a company could be liable for both the negligent acts of its employee and for its own reckless hiring practices.  Without any other appellate court decisions on this issue, Wilson will likely govern the entire state of Missouri until other appellate courts weigh in on the matter.  Given that the majority of Federal Court decisions side with Wilson, we expect that other Missouri appellate courts will adopt Wilson’s holding.

Practically speaking, the Wilson decision means that plaintiffs will now almost always allege that the driver’s actions were negligent and the company’s acts in hiring the driver were reckless.  If the plaintiffs can offer any set of facts demonstrating that the trucking company was reckless in its hiring, all of the company’s hiring practices become discoverable.  As a result, all companies MUST maintain clear, clean records of their hiring policies.  Moreover, companies must ensure that all employees hired comply with their policies and state regulations.  Accurate documentation reflecting this compliance must be maintained for each employee.  Taking simple steps to ensure proper hiring practices and accurate record keeping could save an employer hundreds of thousands of dollars in the future.

 


When Changing Malpractice Insurance, Make Sure Your Tail is Covered

By Stacy G. Jackson

With the downturns and swings in the economy, and with the advent of the Affordable Care Act, physician employment is undergoing changes with the times.  Many physicians are turning from private practice to hospital employment, or from traditional doctors’ groups to concierge practices.  And as employment and the economy changes, so do professional liability insurance policies.   Perhaps as a physician you will be responsible for purchasing your own coverage, or perhaps it will be a negotiated benefit with a new employer, or perhaps you will shop different providers to lower overhead.   But no matter what the reason for change, it is important to assess whether you have adequate professional liability coverage.   There is some basic terminology that physicians need to be familiar with when it comes to “malpractice” coverage.

  • “Occurrence” Based Coverage— With “occurrence” coverage, a physician will be covered for any event that occurred while the insurance policy was in force, even if the claim is made at a later time period. For instance, if a physician has an occurrence policy from 2012 and 2013 through Policy X, if that physician now has Policy Y in 2014, and a claim is made for an event that took place during 2013, then Policy X should apply. This is because the actual occurrence that triggered the claim took place when Policy X was in effect.
  • “Claims Made” Coverage— While the policy is in effect, it covers all claims made during that time period. For instance, if a physician has a “claims made” policy from 2012 to 2013, it will cover all claims made during that time period, regardless if the event that triggered the claim happened in 2011. Once that policy ends, so ends the coverage.   If a physician switches polices, and in 2014 is covered under an “occurrence” policy, then any claims made that were events from 2012 or 2013 would not be covered, either by the old policy or the new coverage.
  • “Tail Coverage”—This type of coverage is to fill in gaps between insurance policies.  It is also known as an Extended Reporting Endorsement. When switching employment, or switching insurance policies, it is important to make sure that you have coverage that is protecting you at all times, uninterrupted. Tail insurance can be written as a separate policy to cover a physician who was covered under a “claims made” policy. Your new insurance policy may also contain an endorsement to cover “prior acts” in order to act as a safety net for events that occurred prior to the start of the new coverage.
  • “Reservation of Rights”—This is not a type of coverage, but this is what your insurance company will defend you under if there is a question as to coverage. Basically, this means that your insurance company will go ahead and defend you while also investigating if the claim is actually covered under the policy. If it is determined that the policy does not cover the claim, then you can be on the hook for all the costs of the litigation.

It is important to know what kinds of coverage you have, and to make sure that there are no gaps in that coverage.  Unfortunately, without adequate insurance coverage physicians may find themselves and their assets personally exposed to liability.  This means that the physician will be liable for attorneys’ fees in defending a lawsuit, even if the suit is later dismissed or a verdict is entered in the physician’s favor.  You do not want to be left with your “tail” uncovered.

 

 


Missouri Employment Law – Recent Case Makes Worker’s Compensation Retaliation Claims Easier for Employees

By Richard J. Behr and Jason W. Kinser

Employers who are considering termination, suspension, demotion or any other adverse employment action toward employees who have a workers compensation claim should know of the increased exposure they have to retaliation lawsuits as a result of a recent Missouri Supreme Court case.

This past April 2014, Missouri’s Supreme Court issued its ruling in Templemire v. W&W Welding, Inc. which significantly lowered the burden of proof for an employee bringing a workers compensation retaliation claim. Now, an employee need only show that his workers compensation claim was a “contributing factor” in the employer’s decision. This is a substantial change in the law. For the last thirty years, an employee who filed a workers compensation retaliation suit had to prove that the filing of his/her workers compensation claim was the “exclusive” reason for the employer’s decision. Thus, employees now have a much easier burden.

As a result of this change in the law, it is even more important for employers to train their supervisors not to retaliate in any way against employees with workers compensation claims. Additionally, before taking any adverse action toward an employee with a workers compensation claim, an employer must make certain that those valid reasons are well-documented. Consulting an employment lawyer could help minimize the risk.


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.