On April 5, 2018 after a one-year highly contested post dissolution matter, the Circuit Court of Jackson County, Missouri granted McDowell Rice’s Motion for Judgment on the Pleadings. On the eve of the one-year deadline, Petitioner sought to set aside the Judgment and Decree of Dissolution of Marriage which incorporated an agreed Separation and Property Settlement Agreement on the basis of fraud. Petitioner sought an extra six million dollars in addition to the settlement she had already received. Petitioner sought to discredit the firm’s client by aggressively and relentlessly pursuing confidential, privileged, and irrelevant discovery from third-party sources. The case moved into a unique procedural posture as the firm’s client passed away during litigation. McDowell Rice successfully argued that the Court lacked subject matter jurisdiction in the case, and even if the Court granted Petitioner’s Motion to Set Aside, the Court could not grant the relief requested. R. Pete Smith was lead counsel, and William C. Odle was primarily responsible for drafting the motions in the case with assistance from Tiffany A. McFarland.

FOR IMMEDIATE RELEASE

KANSAS CITY, Missouri (March 19, 2018) McDowell Rice Smith & Buchanan, PC, is pleased to announce that Michael E. Griffin joined the Firm as a Shareholder.  Mr. Griffin is a member of the Firm’s Corporate & Business Transactions Group, Tax Law Group, and Wills, Trusts & Estate Planning Group, and brings more than 25 years of experience to these practice areas.  In addition to practicing estate planning, tax law, and business law, Mr. Griffin advises business clients on a wide variety of transactional matters and has a comprehensive understanding of the issues facing owners of large and small businesses. 

Mr. Griffin obtained his J.D., with distinction, from The University of Missouri – Kansas City, School of Law in 1985, and his B.A. in English, cum laude, from Loyola University in 1985.  Mr. Griffin is licensed to practice law in Missouri and Kansas.

Contact:
Sherry Newsom
snewsom@mcdowellrice.com
(816) 753-5400
(Photo Attached)
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Congratulations to Rebecca D. Martin on her election as President-Elect of the Business Law Section.

KCMBA’s Business Law Section encompasses a variety of committees that are dedicated to addressing issues and topics relevant to the practice of certain specific areas of business law including Business Law (Corporate Law), Construction Law, Corporate House Counsel, Environment and Energy Law, Media Law, Patent/Trademark/Copyright, Real Estate Law, Securities, Sports and Entertainment Law, and Tax Law.

By Rebecca D. Martin

The Internal Revenue Service is now authorized under Section 7345 of the Internal Revenue Code to certify seriously delinquent tax debt to the State Department for action with respect to denial, revocation, or limitation of a passport.  
Seriously delinquent tax debt is an individual’s unpaid, legally enforceable tax debt totaling more than $50,000 for which a notice of federal tax lien has been filed and administrative remedies have lapsed or been exhausted or a levy has been issued.
The authorized certification will not include otherwise seriously delinquent tax debt which is being paid in a timely manner under an approved installment agreement with the IRS, being paid in a timely manner under an offer in compromise accepted by the IRS or a settlement agreement entered with the Justice Department, for which a timely collection due process hearing is requested in connection with a levy to collect the debt, or for which collection is suspended because of a request for innocent spouse relief has been made.
While an individual is serving in an area designated as a combat zone or participating in a contingency operation, certification will be postponed.
The State Department will hold a passport application for 90 days to allow the taxpayer to resolve any erroneous certifications issues, fully pay the tax debt, or enter into a satisfactory payment alternative with the IRS.
The IRS is required to notify a taxpayer at the time the seriously delinquent tax debt is certified to the State Department.
A taxpayer cannot obtain a reversal of certification merely by paying the debt below $50,000.00. Reversals of certification require an installment agreement approved by the IRS, the acceptance of an Offer in Compromise by the IRS, an approved settlement agreement with the Justice Department, suspended collection because of requested innocent spouse relief, or a timely request for a collection due process hearing is made with respect to a levy to collect the debt.
The U.S. Tax Court has the jurisdiction to determine whether the certification is erroneous or the IRS failed to reverse certification when required to do so.  
If you have questions regarding the revocation or denial of a passport because of a seriously delinquent debt, please contact Rebecca.

On February 9, 2018, Rebecca Martin presented a one hour Continuing Legal Education program titled Mindfulness for the Ethical Practice of Law to the Johnson County Bar Association.  She has presented similar CLE’s to the Kansas Bar Association, Kansas City Metropolitan Bar Association, Association of Women Lawyers and Kansas Women Attorneys Association.
For over a decade, law students, judges, law professors and practicing attorneys have been utilizing meditation and mindfulness to develop concentration, improve emotional well-being, and lessen the stress of legal work. According to Terry Harrell, chair of the ABA’s Commission on Lawyer Assistance Programs, “Meditation and mindfulness are not just good for us the way things like fish oil are. They actually affect the quality of legal work. A mindfulness practice makes us better decision-makers, better ethical decision-makers. And that translates into better lawyering.” 
Her one hour CLE program presented data and research documenting the connection between mindfulness and ethical decision making as well as effective and ethical lawyering. Mindfulness is being taught to attorneys throughout the country to improve and maintain attorney competency as well as improve communication and civility in our profession.    
Legal professionals new to the practices of meditation and mindfulness were introduced to effective daily practices and the benefits of such practices, and additional techniques were suggested for those legal professionals already engaging in meditation and mindfulness. Proper breathing techniques to reduce stress and to create gaps between stimulus and response were demonstrated. Multitasking was highly discouraged, and suggestions on how to be a happy attorney as well as a mindful attorney were made.  

Congratulations to the following McDowell Rice Smith & Buchanan lawyers who have been selected to the 2017 Missouri & Kansas Super Lawyers® and Rising Stars® Lists in their Primary practice area.  The announcement will appear in the 2017 Super Lawyers® Magazine for Missouri & Kansas, published November 14, 2017:

Super Lawyers® List:

Thomas R. Buchanan – Business Litigation
Susan Saper Galamba – Family Law
Michael J. Gorman – Business Litigation
Robert D. Maher –  Creditor Debtor Rights
Jonathan A. Margolies – Bankruptcy Business
Tiffany A. McFarland – Family Law
Kristie Remster Orme – Business Litigation
R. Pete Smith – Business Litigation
Greg T. Spies – Business Litigation
Louis J. Wade – Civil Litigation Defense

Rising Stars® List:

Adam J. Gasper – Business Litigation
David A. Jack – Business Litigation

FOR IMMEDIATE RELEASE – KANSAS CITY, Missouri (November 7, 2017) – The Law Firm of McDowell Rice Smith & Buchanan, PC, announced that it has expanded its Family Law & Divorce Group with the addition of Susan Saper Galamba and Kay L. McCarthy, joining Pete Smith and Tiffany McFarland, providing representation in high net-worth dissolutions of marriage and other complex matters related to divorce and family law.  Ms. Galamba and Ms. McFarland will Chair the Family Law & Divorce Group.

Susan Saper Galamba.  Ms. Galamba was the Managing Member of the Law Office of Susan Saper Galamba, LC, a boutique law firm practicing exclusively in family law and mediation throughout Johnson County, Kansas, dedicated to assisting clients as they navigate the intricacies of divorce. Ms. Galamba’s expertise is in all areas of family law, including complex property division and child custody cases, valuation of businesses, premarital and postnuptial agreements, alimony and maintenance, paternity, and mediation.  Additionally, Ms. Galamba works with accountants, forensic and valuation experts, financial planners, real estate agents, and mental health professionals to ensure that her clients have a top-notch team prepared to work for them. 

Ms. Galamba is a Fellow of the prestigious American Academy of Matrimonial Lawyers and International Academy of Family Lawyers.  She is a published author of the book, “Don’t Burn the Underwear”, and hosted the radio show, “Til Divorce Do us Part”.  She has been a frequent contributor to The Huffington Post, and is a frequent lecturer on family law issues. 

Ms. Galamba completed the NITA/ABA Family Law Trial Advocacy Program, but also is a trained mediator and arbitrator.  She received her B.A. from Tulane University and her J.D. from Georgia State University.   Ms. Galamba is a member of The Missouri Bar; The Kansas Bar; The Johnson County Bar; The Kansas City Metropolitan Bar Association – Family Law Committee; The Johnson County, Kansas Bar Association – Family Law Bench Bar Committee; and the American Bar Association – Family Law Section.  She has been practicing law in Kansas and Missouri for over 26 years.

Tiffany McFarland.  As Co-Chair of the Family Law & Divorce Group, Ms. McFarland practices exclusively in the area of domestic relations litigation.  Ms. McFarland has extensive experience in handling complex divorces and child custody matters in both Missouri and Kansas while also representing parties in non-contested divorces, legal separations, paternity actions, post-divorce modifications and other litigation, such as changes in spousal maintenance, child support and child custody and preparation and interpretation of prenuptial, post-nuptial and non-traditional partnership agreements.  Ms. McFarland’s cases often involve the valuation and division of businesses, real estate, and other valuable assets as well as traditional family wealth.  Ms. McFarland distinguishes herself in her approach to conflict resolution by utilizing open and respectful communication with clients, opposing counsel and the Court.  Ms. McFarland has conducted litigation at all stages of the court process and is uniquely qualified to counsel clients through the court process with her thorough analysis of complex legal issues and her meticulous preparation and organization.  Ms. McFarland is committed to serving her clients by preserving assets, reaching a fair and equitable division of marital property, minimizing unnecessary conflict and encouraging the parties to do what is in the best interest of their children.

Ms. McFarland was recently honored by the Missouri Lawyers Weekly as one of five lawyers in Missouri to be named to the 2017 Up & Comers in the Law Firm Management/Leader Group,  distinguishing herself as  “a rising star of the Missouri legal community and next-generation leaders.”  She adds to that honor being named to the Missouri and Kansas Super Lawyers list and the Rising Star list; and Best of the Bar list by The Kansas City Business Journal .  Ms. McFarland currently serves as the Secretary/Treasurer for the Family and the Law Section of the Kansas City Metropolitan Bar Association and as Vice Chair of the Family Law Section of the Johnson County Bar Association.  Ms. McFarland is an Adjunct Professor at UMKC School of Law teaching Family Law Practice and is a frequent Continuing Legal Education presenter.

Ms. McFarland earned her J.D. from the University of Missouri at Kansas City and her B.A. from the University of Iowa.  She is admitted to practice in Missouri, Kansas and Wisconsin.  She is a  member of the Kansas City Metropolitan Bar Association, Member and Domestic Law Committee Co-Vice Chair (2013), Domestic Law Committee Chair (2014), Family and the Law Section Domestic Member at Large (2015-2016), Secretary/Treasurer (2016-2017), and CLE Advisory Committee Member; Johnson County Bar Family Law Inn of Court Charter Member/Associate (2014-2015); Barrister (2015-present); Johnson County Bar Association Board of Director- Elected Director (2014-present) and Vice Chair of the Family Law Section (2016-2017); Kansas Bar Association 2015 Convention/Annual Meeting Planning Committee Member.

Ms. McCarthy has been with the Susan Saper Galamba firm since 2013 and received both her Bachelor’s degree and Juris Doctor from the University of Kansas. She is licensed to practice in both Kansas and Missouri.  Ms. McCarthy practices in the areas of family law and mediation, and has extensive trial experience handling both court and jury trials.  She has completed Core, Civil, and Family Mediation training and has advanced coursework in Family Mediation.  Ms. McCarthy has significant mediation experience in corporate environments mediating disputes between departments and between companies and their clients. She also conducts seminars on conflict resolution in the workplace.

Ms. McCarthy is a member of The American Bar Association; The Kansas Bar Association; The Missouri Bar Association; The Kansas City Metropolitan Bar Association; The Johnson County Bar Association; The Johnson County Family Law Inn of Court; The Association of Family and Conciliation Courts; and The Heartland Mediators Association.

Contact:
snewsom@mcdowellrice.com
(816)  753-5400
(816) 960-7370 (direct)   
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McDowell Rice Smith & Buchanan is proud to announce that Pete Smith has been selected to serve as the 2017-2018 Campaign Chair of the United Way of Wyandotte County (UWWC), and was recently  honored at the Campaign Kick-Off Breakfast at Children’s Mercy Park.  Mr. Smith has a long-standing history with Wyandotte County, having been born and raised there.  His father, Vernon Smith, served as the 1964 UWWC Campaign Chair.  As the 2017-2018 UWWC Campaign Chair, Mr. Smith is committed to making a positive change for individuals, families and everyone in the Wyandotte County community. 

McDowell Rice Smith & Buchanan attorney Mike Kelly was elected Mayor of Roeland Park, Kansas, on November 7, 2017, becoming the second municipal mayor in the firm’s history (Joseph H. McDowell was elected as Mayor of Kansas City, Kansas).  Mr. Kelly won over 70 percent of the ballots cast, and will begin his four-year term in January, 2018.  A first ring suburb located only two miles west of the firm’s Kansas City office, Roeland Park  was incorporated in 1951 and borders Kansas City, Kansas, Fairway, and Mission.  As Mayor, Mr. Kelly hopes to target business development and improve the city’s infrastructure to accommodate a growing population.  Mr. Kelly will continue his full-time practice with McDowell Rice and is a member of the Construction & Architect/Engineer Law practice group, and the Litigation & Dispute Resolution practice group.

FOR IMMEDIATE RELEASE – KANSAS CITY, Missouri (October 11, 2017) –  McDowell Rice Smith & Buchanan, PC, is pleased to announce that Thomas R. Buchanan has successfully achieved recertification as a civil trial advocate.  The certification is issued by the National Board of Trial Advocacy (NBTA) which is accredited by the American Bar Association. Mr. Buchanan has been continually certified and in good standing for 7 years.  The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit from an organization designed specifically to create an objective set of standards illustrating an attorney's experience and expertise in the practice of trial law.

Mr. Buchanan is part of a growing number of trial attorneys that have illustrated their commitment to bettering the legal profession by successfully completing a rigorous application process and providing the consumer of legal services with an objective measure by which to choose qualified and experienced legal counsel.

Board Certification is the highest, most stringent, and most reliable honor an attorney can achieve and are the only distinctions awarded by the non-profit NBTA.  The elaborate screening of credentials that all NBTA board certified attorneys must successfully complete includes: demonstration of substantial trial experience, submission of judicial and peer references to attest to their competency, attendance of continuing legal education courses and proof of good standing.

Mr. Buchanan earned his undergraduate degree in Philosophy from Washburn University in 1977 and his J.D. in 1980 from the University of Kansas School of Law. Mr. Buchanan is licensed to practice in Kansas, Missouri, and Colorado and has appeared in thirty-three states. He is a member of the Earl E. O’Connor American Inn of Court, The Missouri Bar, Kansas Bar Association, Kansas City Metropolitan Bar Association, Johnson County Bar Association, The Association of Trial Lawyers of America, American Association for Justice, and The Voice of the Defense Bar. 

Approximately three percent of American lawyers are board certified, and Mr. Buchanan is a member of a very select group who has taken the time to prove competence in their specialty area and earn board certification.

For more information on Attorney Thomas R. Buchanan, please visit: McDowellrice.com/attorneys/ThomasR.Buchanan.com and www.nbtalawyers.org.