Daniel R. Schramm, L.L.C.

A Word of Caution for Missouri Appellate Lawyers

Last year, the Missouri Supreme Court added a new layer of complexity to the rule for framing issues for appeal, or points relied on. This article highlights the risks associated with this change in appellate law…more
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Thoughts on Writing a Persuasive Appellate Brief

This article pulls together some of my thoughts on how to write a persuasive appellate brief. These thoughts are designed to provide general guidance to any Missouri lawyer facing an appeal. Yet many of the same principles…more
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Navigating the Minefield of When to Appeal in a Civil Contempt Action

A party to a domestic relations dispute often will invoke the contempt power of the court to enforce a decree. What happens when the contemnor wishes to appeal from a contempt order? On the flip-side, what happens when the…more
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What is the Effect of Trust Language Designed to Insulate the Trustee from Liability?

It is common practice for lawyers to try to insulate trustees from liability by giving them sole or absolute discretion, or by barring suits against the trustee on some issues. This article addresses what happens when a…more
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HIPAA and Patient Privacy in Missouri (Updated)

This article explores the relationship between The Health Insurance Portability and Accountability Act ("HIPAA") and Missouri tort actions for breach of patient confidentiality. This article updates the case law covered by an…more
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Judicial Review under Marbury is "Settled Law."

This article explores what I thought was the unremarkable proposition that the power of judicial review under Marbury v. Madison is "settled law." To my surprise, some lawyers consider this question open for debate…more
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When to Seek a Writ of Prohibition

This article is designed to provide guidance to any Missouri practitioner who might be contemplating a petition for a writ of prohibition. Prohibition allows a party to seek review of a trial court decision in an exceptional…more
| Civil Procedure, Civil Remedies

Missouri Appellate Law - 2013 Update

I was asked recently to make a presentation on Missouri appellate practice as part of a CLE program. The program is sponsored by the Solo and Small Firm Section of the Bar Association of Metropolitan St. Louis. To prepare for…more
| Civil Procedure, Civil Remedies, Law Firm Marketing

Asset Protection - Protection from What?

I was asked to make a presentation on the topic of "asset protection" to a group of individuals concerned about their investments and estate planning needs. I prepared this article for the presentation. The term, "asset…more
| Business Organizations, Wills, Trusts, & Estate Planning

Drafting a Persuasive Motion for Summary Judgment

I am a solo practice lawyer who concentrates, among other things, in helping other lawyers to write trial and appellate briefs. This article is designed to provide general guidance to any Missouri lawyer contemplating a motion…more
| Civil Procedure

Succession Business Planning

I was asked to make a presentation to a group of small business owners on the subject of succession planning. I prepared this article for purposes of my presentation. The article is designed to help small business owners begin…more
| Business Organizations

The Statute of Limitations for Securities Fraud

This article reviews the U.S. Supreme Court's decision in Merck & Co., Inc. v. Reynolds, 130 S.Ct. 1784, 176 L.Ed.2d 582 (2010). The Court in Merck construed the statute of limitations for securities fraud under Section 10(b)…more
| Securities Law
Trainer Wortham & Company, Inc. v. Betz

Respondent's Brief (Opposing Certiorari)

This is a brief I prepared to oppose certiorari in securities litigation before the U.S. Supreme Court. Petitioners sought review of a Ninth Circuit decision construing the statute of limitations in an action under Section…more
| Securities Law
Blue Pool Farms, LLC v. Basler

Appellant's Brief

This is a sample appellant's brief that I filed in the case of Blue Pool Farms, LLC v. Basler, 239 S.W.3d 687 (Mo. Ct. App. 2007). The court reversed the trial court's judgment denying a private road by necessity and remanded…more
| Real Estate - Commercial
Dep't of Soc. Servs, Div. of Med. Servs. v. Little Hills Healthcare, L.L.C.

Respondent's Brief

This is a sample respondent's brief that I co-authored with Joanna Owen in the case of Dep't of Soc. Servs., Div. of Med. Servs. v. Little Hills Healthcare, L.L.C., 236 S.W.3d 637 (Mo. 2007). The major issue was whether the…more
| Administrative Law
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Contact

121 Chesterfield Business Parkway
Chesterfield, MO 63005, United States

Contact: Daniel Schramm

  • 636-532-2300
  • 636-532-6002

Areas of Practice
  • Appellate Practice
  • Business Organizations
  • Wills, Trusts, & Estate Planning
Number of Attorneys

Sole Practitioner

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