Bill O'Bryan

Bill O'Bryan

Butler Snow LLP

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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 Focus Group 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 Statutes 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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