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Practice Areas

Business Law

Cooling & Herbers, P.C. has been actively involved in a wide variety of business transaction and litigation matters involving civil liability and trial work since 1977. We have successfully represented clients world-wide, in jurisdictions throughout the United States, including both federal and state courts in Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, New York, Ohio, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, South Dakota, Texas, Virginia, Washington and Wisconsin.

Business Organizations

We have extensive experience in the formation and operations of various types of business organizations, whether they include corporations, limited liability companies, partnerships or joint ventures. We assist in initial tax compliance and ongoing operations, negotiation of contracts including employee and sales representative contracts, and merger and acquisition of new businesses.

Business Disputes

The attorneys at Cooling & Herbers are frequently retained by local and foreign businesses, large and small, to represent them in contract disputes and breach of contract claims. These range in size and complexity from simple sales commission agreements to large complex disputes among publicly-held corporations. Our efforts to resolve these types of disputes in a rapid and efficient manner include not only litigation, but also mediation and arbitration.

Distributorship Disputes

The Cooling & Herbers litigation group has extensive experience in resolving distributorship disputes for international and domestic clients. We have also resolved cases involving breach of contract, lost profits, and lost sales. We have represented suppliers, vendors and distributors. We have dealt with non-competition disputes and other urgent disputes involving injunctions.

Errors and Omissions Defense

As claims can commonly be made against businesses and their officers or owners for errors and omissions, including professional liability of numerous professionals, we have experience defending claims in the insurance industry, including claims against agents, brokers, adjusters and others.

Mediation and Arbitration

Paul Herbers has handled a number of cases in mediation and in arbitration over 30 years of practice. He has acted both as advocate and as member of several arbitrators’ panels. A partial list of his significant first chair experience includes:

• Contractor – Subcontractor Construction Disputes
• Automobile Accidents
• Securities Fraud
• Ground Damage Claims from Jet Blast
• Aviation Accidents including: in-flight break-up of aircraft, midair collision, engine failure, pump failure, icing, rotor aircraft failed autorotation, structural failures, hangar collapse, faulty maintenance
• Trucking Accidents including: collision with overpass; median crossing accident; equipment failure
• Insurance Coverage cases including: fraud in the application, finance company breach of warranty claims, stolen aircraft, workers’ compensation premium fraud, abortion clinic bombing; homeowner babysitting and dog bite claims
• Gunshot Injuries
• Premises Liability for Homeowners, diving board supplier, business operators, retail store owners, airlines and airports
• Employment contract and employment commissions claims
• Errors and Omissions including: attorneys; insurance adjuster, insurance agency
• Commercial Disputes including: distributorship terminations and discrimination; shopping mall tenant disputes

Joe Whisler has 37 years of litigation and trial experience and 10 years’ experience as a mediator. He completed Dispute Resolution Training at the University of Missouri, School of Law and is named on the approved list for the Western Missouri U.S. District Court’s Early Assessment Program list of mediators.

A partial list of his significant first chair experience includes:

• Environmental – Insurance Coverage and CERCLA/RCRA
• Aviation Wrongful Death
• Breach of Contract - Business and Commercial
• Vehicular Wrongful Death
• Violations of Trade Secrets Act
• Breach of Fiduciary Duty
• Bankruptcy-Adversary Proceedings
• Shareholder Disputes
• Employment Contracts
• Federal Disability
• Labor Agreements
• Prisoner’s Rights

James Glover is also a Missouri mediator with substantial experience in public policy issues:

A partial list of his significant first chair experience includes:

• Real estate development transactions
• Redevelopment
• Tax abatement
• Tax increment
• Land use
• Trucking Accidents including: collision with overpass; median crossing accident; equipment failure
• Zoning