John Paul Nefflen

John Paul Nefflen

Burr & Forman

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Colorado Rules Baker Cannot Refuse Service to Same-Sex Couples for Religious Reasons

In a post last week, I discussed how some believe Tennessee’s version of the Religious Freedom Restoration Act (“RFRA”) could allow Tennessee businesses to refuse service to same-sex couples despite a recent ruling that...more

8/20/2015 - Anti-Gay Discrimination First Amendment Free Speech Freedom of Religion Gay Rights Obergefell v. Hodges Religious Freedom Restoration Act RFRA Same-Sex Marriage Sexual Orientation Discrimination

Same-Sex Marriage and Tennessee Businesses

In its first opportunity to apply Obergefell v. Hodges, the U.S. Supreme Court case holding same-sex marriage is a constitutional right, the Tennessee Court of Appeals recently held the state must recognize same-sex...more

8/12/2015 - Anti-Discrimination Policies Burwell v Hobby Lobby Equal Protection Fourteenth Amendment LGBT Marriage Marriage Equality Obergefell v. Hodges Religious Discrimination Religious Freedom RFRA Same-Sex Marriage SCOTUS

No Privacy in Pocket-Dialing

Most of us are aware of the increased risk of identity theft caused by the exponential growth of digital communications. But have we stopped to consider how the ease of communication we have today has significantly decreased...more

8/5/2015 - Business Litigation Cell Phones ECPA Electronic Communications Email Policies Employee Handbooks Identity Theft Invasion of Privacy Mobile Devices Mobile Privacy Reasonable Expectation of Privacy Right to Privacy Telecommunications

New Lessons from Cosby: Confidential Doesn’t Always Mean Confidential

How, after all these years, did the truth about Bill Cosby finally come out? It happened on July 6, 2015 when a federal judge in Philadelphia ordered that documents filed in a lawsuit by one of Cosby’s accusers 10 years...more

8/3/2015 - Confidential Information Depositions Litigation Strategies Sealed Records Sexual Assault

New Tennessee Business Related Laws Go Into Effect

Hundreds of new Tennessee laws went into effect on July 1, 2015. The following is a summary and link to several new laws which can affect Tennessee businesses. SB 1058 – Wrongful discharge for firearms and...more

7/3/2015 - Charitable Donations Charitable Organizations Gun Laws Guns-in-Trunks Legislation Hiring & Firing New Legislation Private Property Public Property Social Security Numbers Statute of Limitations Statute of Repose Unemployment Insurance Wrongful Termination

Tennessee Non-Profits Take Note: Failure to Register May Result in Significant Fines

Over the last few of months, the Tennessee Department of State, Division of Charitable Solicitations and Gaming (the “Division”) has filed at least seven lawsuits against non-profit organizations doing business in Tennessee....more

7/2/2015 - Charitable Donations Enforcement Actions Non-Profits Registration Requirement Solicitation

Corporate E-Note - June 2015

In this Issue: - IRS Issues Guidance on Portability: The IRS recently issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the...more

6/30/2015 - Board of Directors Corporate Taxes E-Commerce Employer Liability Issues Estate Tax Final Rules Gift Tax Independent Contractors Induced Infringement IRS Means-Plus-Function Mortgage-Backed Securities Patents Personal Liability Portability Same-Sex Marriage SCOTUS Tax Revenues

Corporate Directors Are Not Personally Liable Under New Tennessee Law

A misunderstanding over recent amendments to Tennessee’s Business Corporation Act has led drafters of Public Chapter No. 60 to issue a statement emphasizing that corporate directors are not personally liable for a company’s...more

6/9/2015 - Amended Legislation Board of Directors Corporate Officers Debt Personal Liability

Another Round with Pacquiao?

It was inevitable. Following his “Fight of Century” with Floyd Mayweather, Jr. on May 2, 2015, Manny Pacquiao has been named in a class action suit filed in Nashville for allegedly defrauding pay-per-view customers. The...more

6/9/2015 - Boxing Cable Television Providers Class Action Consumer Protection Act Fraud Manny Pacquiao Popular Sports Young Lawyers

New Law Favors Uber and Lyft

Addressing the lack of consistent rules governing app-based ridesharing companies like Uber and Lyft, the Tennessee legislature has passed a bill which establishes a uniform law for the companies’ Tennessee operations....more

5/13/2015 - Lyft Mobile Apps Pending Legislation Uber

Tennessee Establishes Business Court

On March 16, 2015, the Tennessee Supreme Court established the Davidson County Business Court (“Business Court”), a pilot project to meet the litigation needs of existing and future businesses in the State....more

3/17/2015 - Business Court Division Business Litigation

Tennessee Tort Reform Ruled Unconstitutional

On March 9, 2015, Judge W. Neil Thomas, III, Hamilton County Circuit Court, ruled that the Tennessee Civil Just Act of 2011’s cap on non-economic damages awarded to injured plaintiffs is unconstitutional....more

3/11/2015 - Damage Caps Non-Economic Damages Tort Reform

TAXI! Uber and Lyft Sued in Memphis

Adding to a growing number of lawsuits around the country, a Memphis taxi company has filed a class action against Uber and Lyft for unlawfully interfering with its business....more

3/10/2015 - Antitrust Litigation Antitrust Provisions Class Action Lyft Ridesharing Taxi Cabs Uber

The Danger of Settling Disputes: Novation

Resolving business disputes before filing a lawsuit is efficient, cost effective – and sometimes dangerous. At least that’s what an architect learned when he tried to settle a pay dispute with the owner of a luxury...more

2/26/2015 - Business Disputes Condominiums Novation Real Estate Development Real Estate Investments Settlement

Consumer Protection Laws Prohibit Anti-Gay Discrimination?

A recent ruling in a New Jersey consumer fraud case may signal a new strategy for combating some forms anti-gay discrimination. In Ferguson v. JONAH, Judge Peter F. Bariso Jr. prohibited the defendant, a gay-to-straight...more

2/19/2015 - Consumer Fraud Discrimination Fraud Gender Discrimination Mental Health

Sue Now, or Forever Hold Your Peace

As a business owner, one of the many decisions you make is whether to file a lawsuit now or wait to see if the dispute gets resolved. Lawsuits can be unpleasant, and the potential expense leads many businesses to delay filing...more

2/9/2015 - Business Disputes Business Litigation Contract Disputes Statute of Limitations

Labor & Employment E-Note - November 14, 2013

In This Issue: - High Court Takes on Union Strategy to Push Neutrality Agreements - Justices Consider Pay for Union Workers to Don Safety Gear - Appeals Court Rules for Employers Over Birth Control Coverage -...more

11/18/2013 - Birth Control Pill Carryover Basis Contraceptive Coverage Mandate Employer No-Weapons Policies Flexible Spending Accounts Gun Laws H-1B Healthcare Minimum Wage Outsourcing Safety Precautions Unions Visas Wage and Hour

Seek Advice In Drafting Trade Secrets And Confidentiality Agreements

In an article recently posted at mondaq.com, Richard Stobbe provides several excellent examples of why employers should consult with their counsel when drafting trade secrets and confidentiality agreements, instead of copying...more

11/6/2013 - Confidentiality Agreements Non-Disclosure Agreement Restrictive Covenants Trade Secrets

Concerns Over Economic Growth Leads Some States To Limit Non-Compete Agreements

The Wall Street Journal recently reported a more than 60% rise in non-compete litigation over the past decade....more

8/21/2013 - Non-Compete Agreements

Labor & Employment E-Note - May 14, 2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

5/15/2013 - Age Discrimination E-Verify EEOC Gender Equity Immigration Reform NLRB OSHA Outsourcing Settlement Temporary Employees Unions

Mass-Mailing To Public Employees Did Not Violate Non-Solicitation Agreement

A Florida court recently held a former employee’s “mass-mailing” to her former employer’s customers did not violate her non-solicitation agreement. In Variable Annuity Life Insurance Co. v. Laeng, Docket No....more

4/17/2013 - Confidential Information Employment Contract Non-Solicitation Agreements Public Employees Trade Secrets

Burr Alert: Employer-Friendly Overhaul Of Tennessee Workers’ Compensation System Passes In The Legislature

The Tennessee legislature has passed a workers’ compensation reform bill that significantly changes the way claims are handled in Tennessee after July 1, 2014. Though Governor Bill Haslam has not yet signed the bill, he is...more

4/16/2013 - Proposed Legislation Workers Compensation Reform

Live Events Agency Sues Former Employees And Independent Contractor For Breach Of Non-Solicitation Agreements

On March 18, 2013, TBA Global, LLC, a live events market and communications agency, sued LEO Events, LLC and several of its owners for breach of non-solicitation agreements and misappropriation of TBA’s trade secrets and...more

3/27/2013 - Misappropriation Non-Solicitation Agreements Sensitive Business Information Trade Secrets

Engineers Convicted For Theft Of Trade Secrets

Two engineers were recently convicted under federal law for stealing trade secrets from Goodyear. (United States v. Howley and Roberts, 2013 WL 399345 (Feb. 4, 2013 6th Cir.).) Charles Roberts and Sean Howley worked as...more

2/25/2013 - Confidentiality Agreements FBI Foreign Commerce Goodyear Interstate Commerce Photographs Security Clearance Trade Secrets

Analysis Of A Winning Argument For Enforcing A Non-Compete Agreement At The Preliminary Injunction Stage

On December 18, 2012, the United States District Court for the Western District of Tennessee entered an Order granting an employer’s application for a preliminary injunction preventing its former employees from soliciting the...more

2/13/2013 - Non-Compete Agreements Non-Solicitation Agreements Preliminary Injunctions Public Interest

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