Daniel R. Schramm, L.L.C.

121 Chesterfield Business Parkway
Chesterfield, MO 63005, United States
Contact: Daniel Schramm
Phone: 636-532-2300
Fax: 636-532-6002
Areas of Practice
  • Appellate Practice
  • Business Organizations
  • Wills, Trusts, & Estate Planning
Number of Attorneys
Sole Practitioner

Negotiating Indemnification Provisions and Agreements

This article covers the topic of indemnification provisions and agreements. An indemnification provision is an important tool used in allocating risks under a contract. This article shows how indemnification provisions may be…more

Missouri Appellate Practice Update: The Ivie Trap and other New Challenges

I prepared this Missouri appellate practice update for a CLE "Potpourri" Program sponsored by the Solo and Small Firm Section of the Bar Association of Metropolitan St. Louis. The article covers what I consider to be a…more

The Hughes Lesson: When You Use the Forms, Use Your Head.

This article discusses the recent Missouri appellate court decision in Hughes v. Hughes, 2016 Mo.App. LEXIS 1280 (Mo.App. E.D. Dec. 13, 2016). The Eastern District reversed a trial court ruling that the maintenance in the case…more

The Ivie Trap: Mixed Questions of Fact and Law

The Missouri Supreme Court holds that an appellant no longer can combine a substantial-evidence challenge, a weight-of-the-evidence challenge, and a misapplication -of-law challenge in a single point. These three challenges…more

How to Comply with the Missouri Limited Liability Company Act

I prepared this article for a CLE presentation on limited liability companies. This article covers some of the nuts and bolts on how to comply with the Missouri Limited Liability Company Act…more

Why Limited Liability Companies?

I prepared this article as the introductory section of a continuing legal education program on the subject of limited liability companies in Missouri. The article (1) discusses the history of LLCs generally; (2) provides some…more

Shattering Three Myths about Missouri Limited Liability Companies

This article is designed to shatter three common myths associated with Missouri limited liability companies: (1) that the creation of the LLC will have no practical effect in limiting liability exposure; (2) that you don't need…more

Substantial Evidence vs. Weight of the Evidence: What's the Difference?

The Missouri Supreme Court places a premium on the appellate lawyer's ability to distinguish between a substantial evidence and weight of the evidence challenge. This article helps the lawyer to draw this distinction…more

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

Thoughts on Writing a Persuasive Appellate Brief

This updated 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…more
Driemeyer v. Leahy

Respondent's Brief

This is a sample respondent's brief I filed in the case of Driemeyer v. Leahy, 471 S.W.3d 402 (Mo.Ct.App. 2015). This brief presents a good example of the importance of the standard of review in an appeal. The court affirmed a…more

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

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

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

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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