John Paul Nefflen

John Paul Nefflen

Burr & Forman

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Latest Publications


Labor & Employment E-Note - August 2016

In an article published on August 12, 2016 by Advance Healthcare Network, Bryance Metheny provides guidance to employers who need to prepare for the recent changes issued by the Department of Labor ("DOL") to the federal...more

8/25/2016 - Confidential Information Decedent Protection Digital Assets DOL Fiduciary Duty Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Is This A Derivative or a Direct Shareholder Claim? New Tennessee Standard Makes it Easier to Tell

In Tennessee, shareholders may file a lawsuit for injuries suffered by the company or by the shareholders individually.  A shareholder files a derivative action when the company is entitled to some legal relief; and files a...more

8/1/2016 - Derivative Suit Derivatives Shareholder Litigation Shareholders

Your Confidential Employment Information Is Safe Under Tennessee's Uniform Fiduciary Access to Digital Assets Act

On July 1, 2016, Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act went into effect.  The Act grants fiduciaries authority to access a decedent’s digital assets.  As a result, executors, trustees, powers of...more

7/29/2016 - Confidential Information Decedent Protection Digital Assets Electronic Medical Records Email Fiduciary Duty Intellectual Property Protection Social Media

What Does Mayor Barry’s New Affordable Housing Initiative Mean For You?

Nashville Mayor Megan Barry recently proposed a new incentive program for developers to offer affordable and workforce housing within existing and new construction.  The proposal may provide significant economic benefits to...more

7/29/2016 - Affordable Housing Community Development Construction Industry Housing Developers Real Estate Development Residential Real Estate Market Urban Planning & Development

Tennessee Senators Attempt to Block New Overtime Rules

By now you have heard that the federal overtime laws affecting common white collar exemptions, including those applicable to executive, administrative, and professional employees, will change significantly. As a result,...more

7/1/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Proposed Legislation Wage and Hour White-Collar Exemptions

Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please...more

6/22/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) DOL Employment Contract Ex Parte FLSA Intellectual Property Protection Minimum Salary Misappropriation New Legislation Non-Compete Agreements OSHA Over-Time Private Right of Action Trade Secrets Wage and Hour Whistleblower Protection Policies White-Collar Exemptions Workplace Injury Workplace Safety

Health Care E-Note - June 2016

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more

6/20/2016 - Certificate of Need Controlled Substances Cyber Attacks Cybersecurity Data Breach Ex Parte Health Care Providers HIPAA HIPAA Audits HIPAA Breach Non-Compete Agreements OCR Opioid Pharmaceutical Industry PHI Prescription Drugs Ransomware

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A....more

5/20/2016 - Amended Regulation Breach Notification Rule Cyber Incident Reporting Data Breach Data Protection Encryption Gramm-Leach-Blilely Act HIPAA Personally Identifiable Information Popular Title V

Labor & Employment E-Note - March 2016

Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more

3/21/2016 - ADA Cell Phones Employment Policies FMLA Hiring & Firing Minimum Wage Mobile Devices Non-Compete Agreements Wage and Hour

New Trend for Invalidating Arbitration Clauses in Tennessee?

Several months ago I posted a blog about two New York Times articles criticizing arbitration clauses in consumer contracts. Despite nationwide statutory and judicial support (federal and state), the New York Times article...more

3/1/2016 - Business Litigation Consumer Contracts Mandatory Arbitration Clauses TN Supreme Court

Better Think Twice About Enforcing A Non-Compete

Over the last couple of years, there has been an increase in employees striking back against employers trying to enforce non-compete agreements.  In those cases, the employee argues that his former employer has interfered...more

2/29/2016 - Employer Liability Issues Employment Contract Hiring & Firing Non-Compete Agreements

Labor & Employment E-Note - February 2016

The U.S. Department of Labor ("DOL") recently announced that its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

2/19/2016 - DOL FLSA Minimum Salary Severance Agreements Unfair Competition Unpaid Overtime Wage and Hour Wage Garnishment White-Collar Exemptions

Continued Employment is Enough for a Severance Agreement

Here’s one where the tables were turned. Former employees often argue that a non-compete agreement is unenforceable because there was inadequate “consideration.” Consideration is the exchange parties to a contract make, what...more

2/10/2016 - Commercial Contracts Hiring & Firing Non-Compete Agreements Severance Agreements

I Forgot to Respond to a Garnishment. Now What?

If you are a business owner and have employees, at some point you will receive a garnishment. Garnishment is a post-judgment process that allows a judgment creditor to acquire the judgment debtor’s assets (property or...more

2/9/2016 - Asset Seizure Failure To Respond Wage Garnishment

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

1/28/2016 - Business Litigation Discovery e-Discovery Evidence Federal Rules of Civil Procedure Rule 26 Young Lawyers

Why You May Be Responsible for Injuries Suffered by a Non-Customer

If you have ever been involved in a personal injury case, you probably heard the word “duty” or the phrase “duty of care” used a lot. Duty is a key concept in negligence claims. Broadly speaking, it is the legal obligation...more

12/16/2015 - Duty of Care Negligence Third-Party Service Provider

Labor And Employment E-Note - November 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990... Please see full E-Note below for more...more

11/30/2015 - Arbitration FMLA NLRB Non-Compete Agreements OSHA Penalties Same-Sex Marriage Unions Wage and Hour White-Collar Exemptions

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

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