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Robert Grant Pennell

Robert Grant Pennell

Straight-Up, Straight-Forward Business Legal Advice is how gets BUSINESS Done!
  • Business Law, Employment Law, Communications & Internet Law
  • Missouri
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Biography

Although not born in Saint Louis, I’ve lived here for forty years, and consider myself a Saint Louisan. I’m a graduate of Washington University–Olin School of Business, and Saint Louis University – School of Law. And in case you, too, are a Saint Louisan, I graduated from Parkway Central Senior High School.

Unlike most of my contemporaries, I did not go directly to law school upon graduating from college. I spent five years as an Engineer Planner at McDonnell Douglas (now Boeing), managing multimillion-dollar engineering development programs for the United States military and its allies. Complying with the demanding requirements of government requests for proposals and contractual reporting more than prepared me for the rigors of the law. It helped me to hone the business sense to not merely identify potential problems/roadblocks, but to actually craft effective solutions, which is precisely how BUSINESS gets done.

I began my legal career as a trial attorney at sizable firms, including one of the oldest insurance defense firms in Saint Louis, as well as the local office of a large international firm out of Chicago. While there, I engaged in every aspect of litigation, from Pre-Trial Discovery and Dispositive Motion practice up to and including First Chair Jury Trials and Appellate Argument before the Missouri and Federal Courts of Appeal.

While initially a litigator, I have spent most of my twenty-five plus years practicing law representing businesses, large and small. Due to my business background, I deliberately transitioned to representing businesses, particularly in regard to employment and contractual matters. In so doing, I’ve assisted businesses from small start-ups to large regional enterprises and Fortune 500 companies including.

Through Martindale-Hubbell® Peer Review Rating™ my fellow lawyers have assigned me a 5.0 out of 5.0 AV Preeminent Rating – the highest rating available. After all, that is how BUSINESS gets done!

Education
Saint Louis University School of Law
J.D. (1993) | Business Associations, Tax, Antitrust
Saint Louis University School of Law Logo
Washington University in St. Louis
B.S.B.A. (1985) | Business Administration, Accounting, Finance & Operations
Washington University in St. Louis Logo
Professional Experience
Owner
Law Offices of Robert Grant Pennell, LLC
- Current
Focusing on assisting small business owners start and develop their businesses.
General Counsel
DCSC, Inc.
- Current
Senior Associate
Steven Schumaier & Associates, PC
-
Senior Associate
Landau, Omahana & Kopka, Ltd.
-
Associate
Moser & Marsalek, PC
-
Antitrust Faculty Research Assistant
St. Louis University School Of Law
-
Judicial Intern
U.S. District Court - Southern District Illinois
-
Engineering Planner
McDonnell Douglas Corporation
-
Speaking Engagements
Legal Entity Selection, and Licensing & Taxes (Monthly), Starting and Managing the Small Business Workshop (Monthly)
Service Corps of Retired & Working Executives (SCORE)
Employee Performance, Discipline, and Discharge, Missouri Human Resource Law: What You Need to Know Now
National Business Institute
Legal Entity Selection, Licensing & Taxes, and Accounting & Finance (Monthly), Starting and Managing the Small Business Workshop (Monthly)
Service Corps of Retired & Working Executives (SCORE)
Controlling Unemployment Compensation Costs, Mini Law School for HR Professionals
National Business Institute
Legal Entity Selection, Licensing & Taxes, and Accounting & Finance (Monthly), Starting and Managing the Small Business Workshop (Monthly)
Service Corps of Retired & Working Executives (SCORE)
Controlling Unemployment Compensation Costs, Human Resource Law from A to Z
National Business Institute
Business Law Update, Annual Law Update
Missouri Bar Association
Legal Entity Selection, Licensing & Taxes, and Accounting & Finance (Monthly), Starting and Managing the Small Business Workshop (Monthly)
Service Corps of Retired & Working Executives (SCORE)
Advising the Growing Small Business Owner, Solo and Small Firm Conference
Missouri Bar Association
Legal Entity Selection, Licensing & Taxes, and Accounting & Finance (Monthly), Starting and Managing the Small Business Workshop (Monthly)
Service Corps of Retired & Working Executives (SCORE)
Legal Entity Selection, Licensing & Taxes, and Accounting & Finance (Monthly), Starting and Managing the Small Business Workshop (Monthly)
Service Corps of Retired & Working Executives (SCORE)
Business Smart Toolkit - Module 1: Ready, Saint Louis
U.S. Small Business Administration
Look Out Claimants – Beware Significant Statutory Changes to Unemployment!, Solo and Small Firm Conference, Lake of the Ozarks
Missouri Bar, Solo and Small Firm Committee
Legal Structures Selection, Boots to Business: Reboot Training for Veterans, Fenton
U.S. Small Business Administration
Legal Entity Selection, Licensing & Taxes, and Accounting & Finance (Monthly), Starting and Managing the Small Business Workshop (Monthly)
Service Corps of Retired & Working Executives (SCORE)
Advising the Small Business Client, Solo and Small Firm Conference, Branson
Missouri Bar, Solo and Small Firm Committee
Representing Clients in Employment Hearings, Solo and Small Firm Conference, Branson
Missouri Bar, Solo and Small Firm Committee
How to Run for Office from Those Who’ve Learned from the School of Hard Knocks, Solo and Small Firm Conference, Lake of the Ozarks
Missouri Bar, Solo and Small Firm Committee
Awards
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
Pro Bono Award
American Bar Association
Best Business Attorneys
St. Louis Small Business Monthly
Pro Bono Award
American Bar Association
Best Business Attorneys
St. Louis Small Business Monthly
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
Inducted to Membership
Association for Legal Excellence
Pro Bono Award
American Bar Association
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
Best Business Attorneys
St. Louis Small Business Monthly
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
Pro Bono Award
American Bar Association
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
AV Preeminent 5.0 out of 5.0 Peer Review Rated
Martindale-Hubbell
Peer rated for the highest level of professional excellence.
Defense Trial Academy Graduate
International Association of Defense Counsel
Professional Associations
National Alliance on Mental Illness (NAMI) Missouri
Board Member
- Current
Placeholder image for professional associations.
Service Corps of Retired & Working Executives (SCORE)
Auxiliary Member
- Current
Placeholder image for professional associations.
American Bar Association, Business Law Section
Member
- Current
Placeholder image for professional associations.
American Bar Association, Business Law Section, LLCs, Partnerships and Unincorporated Business Entities Committee
Member
- Current
Placeholder image for professional associations.
Missouri Bar, Solo and Small Firm Planning Committee
Member
- Current
Placeholder image for professional associations.
Missouri Bar, Solo and Small Firm Committee
Member
- Current
Placeholder image for professional associations.
The Missouri Bar
Attorney Member
- Current
Placeholder image for professional associations.
American Bar Association
Attorney Member
- Current
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
Missouri
The Missouri Bar
ID Number: 43014
Placeholder image for jurisdictions.
Fees
  • Free Consultation
    Note that a free consultation is merely an opportunity to discuss your issue to determine if this firm can be of assistance.
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    I prefer to charge on a flat fee basis whenever feasible to provide some level of certainty over what your financial obligations will be.
Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Employment Law
    Employment Contracts, Overtime & Unpaid Wages
    Communications & Internet Law
    Internet Law, Telecommunications Law
Additional Practice Area
  • Unemployment Claims & Appeals
Legal Answers
Q. How to appeal law suits judgement from unemployment claiming I was over paid witch is false
A: The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since you didn't show up, there was no evidence to consider, and your Appeal was dismissed. At that point, the only thing that will be considered by the Division is whether or not you had good cause for your failure to appear for your appeals hearing. Unless you can establish good cause for your failure to appear, you can never get the Division to even consider the underlying aspect of your claim. The former employer indicating that it would send in corrected information is irrelevant to your obligation to appear for the hearing. Your employer had no ability to fix anything because the system requires you to appear and present evidence.

You can certainly file an Application for Review to the Labor and Industrial Relations Commission, explaining your failure to appear at the hearing, but I think it highly unlikely that the Commission will consider your explanation a legitimate basis to remand the case back to the Appeals Tribunal. If you have already done that and it was denied, the only thing available to you at this point is to file an appeal with the Missouri Court of Appeals. Unfortunately, that is likely a waste of time because the court cannot substitute its assessment for that of the Commission. An appellate court may modify, reverse, remand for rehearing, or set aside the decision of the Commission only where: (1) the Commission acted without or in excess of its powers; (2) the decision was procured by fraud; (3) the facts found by the Commission do not support the award; or (4) there was no sufficient competent evidence in the record to warrant the making of the award. §288.210, RSMo 2000. In the absence of fraud, the Commission's factual findings are conclusive if supported by competent and substantial evidence. Id. Questions of law are reviewed independently, and the appellate court is not bound by the Commission’s conclusions of law or its application of law to the facts. Ayers v. Sylvia Thompson Residence Ctr., 211 S.W.3d 195, 197-98 (Mo. App. W.D. 2007). On matters of witness credibility and resolution of conflicting evidence, the appellate court defers to the Commission's determinations. Id. [The court gives] deference to the Commission’s “resolution of conflicting evidence regarding a factual issue, the weighing of the evidence, and the credibility of witnesses.” Smith v. Greyhound Bus Company, 477 S.W.3d 55, 59 (Mo. App. E.D. 2016) (citation omitted). Therefore, “[i]f the Commission has reached one of two possible conclusions as to a finding of fact, the reviewing court will not reach a contrary conclusion even if the court could reasonably do so.” Hoeft v. True Manufacturing Company, Inc., 604 S.W.3d 337, 339 (Mo. App. E.D. 2020).
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Q. I am dissolving my LLC in MO and have not done any business in years. Do I have to file the notice of winding up?
A: You are required to file a notice of winding up and publish a notice with two papers advising of this fact. The purpose of doing so is to protect you from any claims not pursued within the required timeframe. If you do not do this, then you may expose yourself to a claim being pursued at some point. While it may be technically possible to just file the termination of the articles of organization, you will be foregoing the additional protections from late claims being sought.
Q. As a contract employee of ALKU, I worked for their client Vanderbilt. ALKU Contract ended Dec 29th. Interested in full
A: The short answer is yes, but to get an accurate answer, you will need to hire an attorney familiar with non-competes to provide a detailed analysis of not only the provision language but the entire agreement, as well as the underlying facts of the work and employment. For a non-compete to be enforceable, there must be a protectable property interest at stake. It is not possible to make such a determination in a forum such as this.
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PO Box 726
Manchester, MO 63011
Telephone: (314) 863-1555