Friday, May 4, 2018

The Kansas City Business Journal’s Best of the Bar Selection Process


A partner at Bryan Cave LLP in Kansas City, Missouri, Craig O’Dear represents defendants and plaintiffs in a broad range of state and federal litigation cases. Craig O’Dear has also received numerous commendations for his accomplishments in the legal field, including recognition from the Kansas City Business Journal Best of the Bar in business and product liability litigation. 

The Best of the Bar listing acknowledges hardworking and dedicated lawyers and provides clients with a resource for identifying the best legal services firms in the Kansas City area. Attorneys must directly apply to the program or receive recommendation from their law firm in order to be considered. Eligible lawyers include those in private practice with at least 10 years of experience in professional practice. Ongoing or past disciplinary proceedings may be cause for removal from consideration. 

Applicants will undergo judging from a panel of judges picked by the Kansas City Business Journal. Judges base their selection on factors such as civic judgement, professional reputation, and involvement in significant cases or transactions. The Kansas City Business Journal transitioned to this selection process from a purely peer-nomination process in 2017. As part of the new process, Best of the Bar will reduce the number of lawyers receiving recognition and emphasize practice areas of most interest to business clientele.

Friday, February 23, 2018

Common Defenses for Breach of Contract Claims


For more than three decades, Craig O’Dear has been practicing law in Missouri. A partner at Bryan Cave LLP, he represents defendants and plaintiffs in state and federal courts across the United States. Over the years, Craig O’Dear has handled cases involving a variety of claims, such as breach of contract.

Below are a few common defenses for breach of contract claims:

- Duress: If one of the contract parties signed a contract under duress, it is not enforceable. Duress means one party pushed the other into signing a contract against his or her will. Threats of legal proceedings, blackmail, or threats of physical harm are all forms of duress.

- Mutual or unilateral mistake: Mutual mistakes occur when both parties make a mistake about the contract’s terms. A unilateral mistake occurs when one party is mistaken about the contract. Both of these can be grounds for a valid breach of contract.

- Fraud: Misrepresenting certain aspects of a contract tricks one party into thinking a contract is in their best interests when it's not. Knowingly doing this is fraud and invalidates the contract.

- Impossibility: Contracts are formed with the expectation that each party will perform their role. But sometimes unforeseen circumstances prevent one party from fulfilling their part, thus making the contract impossible.