Jeff Schmitt Appointed Head of Danna McKitrick’s Title Litigation Practice

Saint Louis, MO – February 3, 2012 – Jeffrey R. Schmitt, a principal at Danna McKitrick, P.C., has recently been appointed head of the firm’s title litigation practice. Schmitt will lead the practice in its representation of its clients including national title insurance underwriters and their insured, resolving title policy claims and disputes that preclude title transfer or cloud true ownership. Schmitt is an experienced commercial and general civil litigator whose practice includes financial and lending, construction, and real estate law as well as general legal counsel for small to mid-sized businesses.

“Jeff is an excellent litigator, and has extensive experience in real estate, construction and financial litigation,” said Ron Danna, senior principal and co-founder of the firm. “He’s a proven leader, and we believe he’s the one to lead the title litigation practice into its next phase, one committed to quality client service and continued growth.”

Supporting Schmitt and Danna McKitrick’s title litigation practice are litigators David P. Renovitch and David A. Zobel, as well as transactional lawyers Michael J. McKitrick and James M. Heffner. With McKitrick’s 30 years of experience in real estate litigation and transactions, McKitrick and other members of the transactional team focus on areas that are tangential and necessary to support title litigation, such as creditors’ rights.

Schmitt earned his J.D. from the University of Missouri-Columbia and his B.A. (magna cum laude) from Saint Louis University. He is admitted in Missouri, Illinois, U.S. District Court, Eastern District of Missouri, and U.S. Court of Appeals, Eighth Circuit.

Schmitt is past president of the Clayton Chamber of Commerce and executive committee member. After clerking for the U.S. Attorney’s Office of the Eastern District of Missouri, he joined Danna McKitrick as a promising young law clerk and worked his way up to principal. He was recognized in 2010 by The Missouri Bar Young Lawyer’s Section as a “Young Lawyer You Should Know.”

Read “Business” in St. Louis Post-Dispatch

Margaret L. Wichmann Joins Danna McKitrick, P.C.

With the Addition of the Second Intellectual Property Attorney in Less Than Six Months, Practice Group Continues Its Growth

Saint Louis, MO – January 17, 2012 – Danna McKitrick, P.C. has announced that Attorney Margaret L. Wichmann has joined the firm as an associate. Wichmann represents business clients in matters related to business transactions, intellectual property, employment law, and real estate.

Wichmann will be an integral part of the firm’s expansion of their intellectual property, according to Ruth A. Binger, principal with Danna McKitrick and head of the firm’s transactional department.

“We’re pleased to successfully recruit a candidate with Maggie’s advanced degree in intellectual property. She’s a great addition to our growing IP practice,” said Binger. “Additionally, her skills and temperament also mesh well with our transactional team and further expand Danna McKitrick’s service to its business clientele.”

Wichmann is experienced in real estate, corporate, and financial transactions as well as litigation support for intellectual property and commercial litigation. She has also assisted business owners with estate planning matters.

“Danna McKitrick is exactly the type of firm I was looking to join,” stated Wichmann. “For me, the firm is ideal in terms of the size, the clients I work for, the resources available to associates, and the potential for professional growth through mentoring relationships. It is a great place to practice law.”

During law school, Wichmann worked in the Judicial Clerkship Clinic for Judge William D. Stiehl in the U.S. District Court for the Southern District of Illinois. Before law school, she worked as a legal assistant for a criminal attorney.

Wichmann has the unique experience of working as an intern in Bangkok, Thailand, studying the anti-trafficking laws in Southeast Asia and assisting in multi-lateral negotiations for the Thailand Ministry of Social Development and Human Security. She also participated in the Summer Institute for Global Justice at Utrecht University in the Netherlands.

Wichmann earned her LL.M. in Intellectual Property and J.D. from Washington University School of Law in St. Louis. Her credentials include: Dean’s List, Dagen-Legomsky Public Interest Fellowship, Cash-Nickerson Fellowship, Whitney R. Harris Wold Law Institute, Washington University Law Review Senior Editor and Staff Editor, Student Bar Association Faculty Appointments Committee, Environmental Moot Court Semi-Finalist, Women’s Law Caucus Executive Board Social Chair, International Humanitarian Law “Students as Teachers” Program Presenter, Negotiation Competition. She earned her B.A. in philosophy from Washington University.

Admitted in Missouri and the U.S. District Court, Eastern District of Missouri, Wichmann is a member of the American Bar Association, The Missouri Bar, and the Bar Association of Metropolitan St. Louis. She is the author of “Reaching Beyond Guantanamo: The Future of Counter-Terrorism Law in the United States,” 6 Cambridge Student Law Review 197 (2010).

Read “People” in St. Louis Business Journal

Read “Business” in St. Louis Post-Dispatch

Scott B. Mueller Newly Elected Principal at Danna McKitrick: Firm Promotes Title Defense Attorney

St. Louis, MO – January 10, 2012 – Danna McKitrick is pleased to announce that Scott B. Mueller has been elected to the position of principal. Mueller leads the Title Litigation group for the firm and also practices in real estate, collection and banking law.

“Scott has brought his ‘A’ game to our firm during his tenure as an associate. He has developed our Title Defense department into one of the fastest growing practice areas in our firm,” says Ron Danna, senior principal and co-founder of the firm. “Scott is relentless in working on behalf of his clients to bring about the best solutions on their behalf.”

Mueller has worked in the real estate industry since 2003. He represents title insurance underwriters, insured owners, lenders and title agents. In addition to his work analyzing and resolving title claims, he handles lien priority disputes, mechanic’s liens, access and marketability defects, mortgage fraud issues and breach of contract claims. 

He also directly assists the firm’s lender clients with secured lending, mortgage issues and, if necessary, foreclosures. Mueller advises clients on properly documenting collateral, managing loan agreements and structure, and collections on delinquent loans.

Mueller is admitted to the bar in Missouri, Illinois, and Kansas. He is also admitted in the U.S. District Courts in the Eastern and Western Districts of Missouri, the U.S. District Court of Kansas, and the U.S. District Courts in the Central and Southern Districts of Illinois and registered in the Cook County Bar.  Mueller is a frequent speaker at title and real property law CLE’s and seminars.

He graduated with his law degree in 2006 from St. Louis University School of Law with a specialization in Business Transactions. He received a B.A. and graduated with honors in history from Southern Illinois University in 2002.

Read “People” in St. Louis Business Journal

Read “Business” in St. Louis Post-Dispatch

Dan Tobben: St. Louis City’s Proposed Firefighter Pension Change May Be Illegal

The St. Louis Post-Dispatch has reported that St. Louis Mayor Francis Slay appears to be putting together a new proposal that may attempt to do away with the existing pension system for new firefighters joining the St. Louis City Fire Department. At a minimum, it would apparently reduce the benefits of any new firefighter joining the department. (Current and retired firefighters would remain in the current system.)

While details have not been released, Jeff Rainford, the mayor’s Chief of Staff, has started briefing the aldermanic council on the mayor’s intents. According to aldermen, Rainford has stated that if negotiations with the International Association of Fire Fighters Local 73 are not successful,

… the city would move to essentially “opt out” of the current system and start a new agency to govern firefighter retirement ….”

Slay has stalled a proposal already presented to the board for consideration that would save over $1 million a year, according to one alderman. The proposal was created through negotiations between the union and the City, with the drafting assistance of Dan Tobben and Cheryl Beebe Snell, attorneys for the Firemen’s Retirement System.

Joe Vaccaro, alderman in the city’s southwestern 23rd Ward, is frustrated that Slay has successfully stalled his bill, which he introduced this session to change firefighter disability benefits and save the city more than $1 million a year.

Slay asked Craig Schmid, alderman in south city’s 20th Ward and chair of the Public Employees committee, not to hear the bill until Slay’s plan is ready.

“He told me it doesn’t go far enough,” Vaccaro said of Slay. “Why not let my bill stand, save taxpayer money, and they can introduce their own legislation?”

Continue reading »

Firefighter Quits Joplin Pension Board Over Tobben’s Firefighter Disability Pension Case

The Joplin Globe has reported that a Joplin firefighter has resigned from the Police and Firemen’s Pension Fund board.

Tim Woodward, a battalion chief, stated that he resigned over the issue surrounding the lawsuit over disability benefits for  Tom Robertson, a former Joplin fire department driver-engineer. Robertson’s original disability benefits were reduced when recalculated by the pension board, and the board later declined to reverse their decision in an appeal by Robertson.

Robertson’s attorney, Dan Tobben, of St. Louis, discussed the issue with the board before a lawsuit was filed. He contended that those covered by the plan did not authorize changes to the plan that reduced benefits.

According to the Globe, Woodward conducted his own research regarding whether the pension board was advised that previous changes to the plan would reduce firefighter disability payments. Woodward said that the board had a chance during the board meeting, when presented with evidence he had uncovered during his own research, to reverse their previous decision regarding Robertson’s recalculated reduced disability benefit pay. When the board would not seize the opportunity to settle the lawsuit, Woodward resigned from the board.

“There’s sufficient evidence, and I presented sufficient evidence that shows there was never any authorized change to calculating disability benefits,” Woodward said. “There was never discussion by any previous boards to do that. There was never any ballot that indicated any such change. There was never a vote. And yet [Brian] Head maintained it was authorized to change that disability calculation.”

Brian Head, Joplin’s city attorney and adviser to the pension board under the city charter, disagrees that the board and the union membership were not properly informed.

For information regarding the Robertson lawsuit, click here.

Read more … Joplin Globe

David A. Zobel Promoted to Associate by Danna McKitrick

Litigation Group Continues to Grow

David A. Zobel has been promoted to associate in the litigation department of Danna McKitrick, P.C. Zobel primarily represents individuals and corporations in the defense of civil litigation, including contract, negligence and real estate matters.

In addition to his court room work, Zobel assists in advising clients on contract and employment issues and regarding issues arising under the Sunshine Law.

“As a law student, I was attracted to Danna McKitrick’s breadth of practice areas. I valued the ability to gain experience in a multitude of legal areas working to solve issues for a variety of clients. As an attorney, I continue to value this firm’s coverage which often utilizes several practice areas in quickly and efficiently solving our clients’ matters,” Zobel stated.

Zobel is a great addition to the continually growing litigation practice of the firm, according to the head of the firm’s litigation group.

“We are constantly on the lookout for bright law students, and David has developed into a talented young attorney. Watching him grow over the past year and a half as a law clerk has given us the opportunity to see his strengths, and to know early on that we wanted him as a member of our litigation team,” said Daniel G. Tobben, principal and head of Danna McKitrick’s litigation department.

During law school, Zobel worked as an extern with the Missouri Court of Appeals, reviewing and summarizing appellate arguments and responses and drafting memoranda summarizing claims in preparation for oral arguments as well as memoranda on worker’s compensation, juvenile and criminal appeals.

He worked as a law clerk with Danna McKitrick in the areas of professional malpractice, real estate transactions, pensions and worker’s compensation. Zobel has experience in alternative dispute resolution on personal injury and wrongful death matters as well as client MSPRC lien claims matters, including negotiating lien settlements.

Zobel was an aide to Missouri State Senator Chuck Graham and worked across the state to promote the MOHELA reorganization bill.

He graduated cum laude from Saint Louis University School of Law in 2011, where his credentials include: Dean’s List, Journal of Health Law and Policy Staff Editor, Health Law Association, Legal Research and Writing Teaching Assistant. Zobel earned his B.S., cum laude, in political science with a leadership and public service minor from the University of Missouri-Columbia in 2008.

Zobel is admitted to practice in Missouri and the U.S. District Court, Western District of Missouri. He is a member of the Missouri Bar and the Bar Association of Metropolitan St. Louis.

Read “People” … St. Louis Business Journal

Scott Mueller Comments on Appeal of Title Release Error Case

After the decision of the Missouri Court of Appeals Western District was handed down in Melson v. Traxler, Attorney Scott Mueller commented on the peculiar title release error case in the Columbia Daily Tribune.

In the case, Boone-Central Title Company failed to obtain a title release from the original sellers, Carl and Martha Traxler, when Darrel and Mellony Melson purchased their lot from Keith and Chastity Samuel. The Samuels had a seller-financing agreement with the Traxlers for a portion of the financing on a 94-acre tract of land against which the Traxlers held a lien. The other portion was financed by a bank.

When the Melsons purchased their lot, the title company requested and received a title release on the lot from the bank at the time of the sale. Unfortunately, the title company failed to request a title release from the Traxlers.

At the time of the sale of the lot to the Melsons, the Samuels were current on payments. After a few years, however, the Samuels fell behind on their payments on the land. The Traxlers decided to foreclose on the property. When it was discovered that the Melsons’ property was still attached to the original lien, the Traxlers foreclosed on the Melsons’ now fully-developed property.

Mueller represented the Melsons in circuit court. According to Mueller,

The appeals court took a stricter interpretation of the law, said Scott Mueller, a St. Louis attorney who represented the Melsons at the circuit level.

“They really consider the recording statutes as the gospel,” Mueller said.

Read the full story here.

Ruth Binger Shares Insight on Discovery of Lies After Hiring

St. Louis Small Business Monthly recently ran a “Board of Directors” column titled ”How do I handle an employee who lied in the interview process?” They asked Attorney Ruth Binger for her insight on how to deal with situation where an employee lied about his experience and education that was not uncovered until several years after hiring.

Read Ruth’s response here.

Soraghan and Schmitt Named to Super Lawyers and Rising Stars

Missouri & Kansas Super Lawyers & Rising Stars 2011 has recognized Joseph R. Soraghan and Jeffrey R. Schmitt as two of the top attorneys in the state of Missouri for 2011.

For the second year in a row, Attorney Joseph R. Soraghan has been named as one of the top attorneys in Missouri by Super Lawyers. Only 5 percent of the lawyers in the state are honored.

Attorney Jeffrey R. Schmitt has been selected for inclusion on the Missouri & Kansas Rising Stars 2011 list. It is a recognition of up to 2.5 percent of “the top up-and-coming attorneys in the state — those who are 40 years old or younger, or who have been practicing for 10 years or less,” according to Super Lawyers.

“I am honored to be recognized on the 2011 Rising Stars list by attorneys around the state of Missouri, as well as by Super Lawyers. To be honored by peers in my chosen profession is truly humbling,” Schmitt said.

Schmitt, who practices in the areas of banking, real estate, construction, pensions and retirement plans, is also the president of the Clayton Chamber of Commerce. He was recognized by The Missouri Bar Young Lawyers’ Section in 2010 as a “Young Lawyer You Should Know.”

Soraghan’s primary practice areas include business law, securities, corporate finance, and alternative dispute resolution.

“Thomson Reuters is one of the nation’s premier legal publishers. I am truly honored to be selected again by Super Lawyers, one of its publications,” he said.

Soraghan has been recognized as one of the Top St. Louis Entrepreneurial Lawyers in St. Louis by St. Louis Small Business Monthly, and received the Financial Services Champion, Region VII award from the U.S. Small Business Association. He is the founding director and secretary of the Missouri Venture Forum.

The selection for inclusion in the list is made by the research team at Super Lawyers, which is a service of the Thomson Reuters Legal division based in Eagan, MN. Each year, the research team undertakes a rigorous, multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and good-standing and disciplinary checks.

Thomson Reuters is the world’s leading source of intelligent information for businesses and professionals. Super Lawyers is located online at www.superlawyers.com, where lawyers can be searched by practice area and location.

Glick’s “Using Engagement Letters to Protect from Liability and Market to Clients” Published in St. Louis Bar Journal

Thomas G. Glick, immediate past-president of the Bar Association of Metropolitan of St. Louis, was published in the Fall 2011 edition of the St. Louis Bar Journal. Read Glick’s thoughts on “Using Engagement Letters to Protect from Liability and Market to Clients.”

The effective use of an engagement letter policy is almost as good a hedge against professional liability as malpractice insurance. If you have chosen to carry malpractice insurance, your insurer would agree with my statements about the importance of creating and maintaining an engagement letter policy.

Engagement letters, when properly prepared, can protect you and your client, while at the same time provide marketing opportunities.

Read the full article … St. Louis Bar Journal