John Paul Nefflen

John Paul Nefflen

Burr & Forman

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Latest Publications


The Drones are Under Attack

Those who know me know that I love gadgets. Most of the time, I imagine I have a need that the newest toy will fix, at least until the next one comes along. But, despite my best efforts, I have not been able to create an...more

11/17/2015 - Drones Invasion of Privacy Privacy Concerns Surveillance Unmanned Aircraft Systems

Arbitration Clauses Under Attack – Do They Harm Consumers?

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

11/3/2015 - American Express v Italian Colors Restaurant Appeals Arbitration Arbitration Agreements Bias Business Litigation Class Action Class Action Arbitration Waivers Dispute Resolution Federal Arbitration Act New York Times SCOTUS

Finally, We’re Back to “Put Up, or Shut Up”

My clients who have defended against meritless claims over the last few years know why this is important. The Tennessee Supreme Court has finally restored the traditional summary judgment standard making it easier for these...more

10/28/2015 - Business Litigation Evidence Genuine Issue of Material Fact Litigation Strategies Summary Judgment TN Supreme Court Trials

The Constitutionality of Tennessee Tort Reform Will Have to Wait

On March 10, 2015, I posted a blog about a recent court ruling that the Tennessee Civil Justice Act of 2011 (Tennessee’s statutory tort reform) was unconstitutional.  The ruling, made in an automobile accident case, held that...more

10/26/2015 - Car Accident Jury Trial Non-Economic Damages TN Supreme Court Tort Reform

Get Ready for 128,000 New Employees

My good friend, Daniel Horwitz, has done something unprecedented and amazing. Earlier this year, he filed a class action lawsuit to have the criminal charges of 128,000 Nashvillians expunged from the Davidson County General...more

10/23/2015 - Class Action Criminal Records Expungement Hiring & Firing

Can I Get My Legal Fees Back for Having to Defend This Case?

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

10/21/2015 - American Rule Appeals Attorney's Fees Business Litigation Consumer Protection Act Fee-Shifting Foreclosure Legal Costs Legal Fees Mortgages Prevailing Party TN Supreme Court Unfair or Deceptive Trade Practices

Construction E-Note - September 2015

Florida's Department of Business and Professional Regulation requires and issues licenses for entities and individuals to qualify to construct improvements to real property in Florida. Generally speaking, an out-of-state...more

9/29/2015 - Best Practices Construction Contracts Construction Industry DOL Employment Discrimination Federal Contractors FLSA Harassment Joint Venture Mechanics Lien Minimum Salary Minimum Wage Real Estate Development Real Estate Market Wage and Hour White-Collar Exemptions

Don’t Guess On How to Assert A Mechanic’s Lien

Many contractors and subcontractors have learned this the hard way: failure to comply with the filing and notice requirements for a mechanic’s lien can result in losing the lien and an effective way of ensuring payment for a...more

8/31/2015 - Construction Industry Contractors General Contractors Mechanics Lien Notice of Default Prompt Payment Subcontractors

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

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