Bill O'Bryan

Bill O'Bryan

Butler Snow LLP

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The Business Court Tackles Jurisdiction and Forum Non Conveniens Issues

The Tennessee Business Court found occasion to deal with personal jurisdiction and forum non conveniens issues through its recent written opinion in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al, Case No....more

11/23/2016 - Auto Warranties Business Court Division Contract Terms Forum Non Conveniens Forum Selection Fraud Minimum Contacts Personal Jurisdiction

Tennessee Business Court Decides “who goes first” in Discovery in Trade Secrets Case

In a Tennessee Uniform Trade Secrets Act (“TUTSA”) case, the Tennessee Business Court set some discovery guidelines for business competitors in litigation over alleged misappropriation of trade secrets. Cryosurgery, Inc. v....more

10/3/2016 - Discovery Misappropriation Motion to Compel Trade Secrets Uniform Trade Secrets Acts

Tennessee Business Court Accepts “Bad Faith Defense” to Dissolution of Dysfunctional LLCs

The Tennessee Business Court, a pilot project (1) (2) (3), has continued dealing with the resolution of business disputes, many of which involve fractious arguments between LLC members. Some disgruntled members pursue damages...more

9/13/2016 - Bad Faith Dissolution Limited Liability Company (LLC)

The Tennessee Business Court Further Defines LLC Law

The Tennessee Business Court continued its prolific promulgation of rulings affecting the resolution of internecine disputes between LLC members. In Terrell K. Raley, et al. v. Cees Brinkman, et al., Case No. 16-0196-BC, the...more

8/31/2016 - Attorney's Fees Business Court Division Derivative Suit Direct Suit Limited Liability Company (LLC) Motion to Dismiss Operating Agreements Standing Ultra Vires

The Tennessee Business Court Tackles Privilege Claims

The Tennessee Business Court has provided additional guidance to commercial litigators concerning internecine legal battles between members of limited liability companies. The Court has determined the fiduciary duties of...more

6/1/2016 - Attorney-Client Privilege Breach of Contract Breach of Duty Commercial Court Corporate Privilege Fiduciary Duty Limited Liability Company (LLC) Managing Members Membership Interest Operating Agreements Work Product Privilege

The Tennessee Business Court Clarifies Fiduciary Duties of LLC Members

In a recent opinion, decided 12/22/15, the Tennessee Business Court clarified the circumstances under which members of a Tennessee limited liability company owe fiduciary duties to one another. In Ewing v. Miller, Case No....more

4/22/2016 - Breach of Duty Business Court Controlling Stockholders Fiduciary Duty Limited Liability Company (LLC) Membership Interest

Becoming a Creditor in a Bankruptcy Case Triggers a Duty to Preserve Documents

A litigator in bankruptcy court is challenged with mastery of a trial lawyer’s skills as well as the developing substantive law, jurisdictional and otherwise, governed by the Bankruptcy Code. Who hasn’t heard of Stern v....more

6/22/2015 - Affirmative Defenses Bankruptcy Code Chapter 11 Chapter 7 Commercial Bankruptcy Consumer Bankruptcy Creditors Duty to Preserve Electronically Stored Information

The Golf Channel Needs a Mulligan

“Mulligan,” in golf parlance, is the opportunity to hit a golf shot, a “do over,” when the previous shot was not quite the one desired by the golfer. The “Mulligan” replaces the previous shot, which then does not count toward...more

4/10/2015 - Advertising Ponzi Scheme Stanford International Bank Stanford Ponzi Scheme Television Commercials The Golf Channel

Do we lawyers really know it all? What about the “ focus group ?”

Trying a business case to a jury presents unique and sometimes difficult challenges. As commercial litigators, we’re trained to develop the facts (or the parties’ versions thereof), research the applicable law, and, most...more

2/3/2015 - Business Litigation Jury Trial Litigation Strategies Young Lawyers

Fee Shifting in Trade Secrets Cases

A number of states, including Tennessee, have adopted the Uniform Trade Secrets Act (“UTSA”). A court may award attorney’s fees, if: - A claim of misappropriation is made in bad faith; - A motion to terminate an...more

10/28/2014 - Bad Faith Fee-Shifting Misappropriation Trade Secrets UTSA

Competitor’s Privilege a Competitive Advantage? Only if there’s not improper means!

Tennessee recognizes the tort of interference with prospective business relations. But there’s an exception for competitors. One who intentionally causes a third person not to enter into a prospective contractual...more

8/15/2014 - Breach of Contract Competition Tortious Interference

Arbitration is not just for those who have agreed…

We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for...more

7/14/2014 - Arbitration Arbitration Agreements Federal Arbitration Act

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