Butler Snow LLP

Obama Administration Makes Significant Changes Requiring Revisions to Handbooks, Policies and Contracts for Federal Contractors

Federal contractors and subcontractors face significant challenges as the privilege of doing business with the federal government means more paperwork, more audits, and redrafting contract language and employment policies. Set…more

Barack Obama, Employer Mandates, Executive Orders, Federal Contractors, Subcontractors

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Careful What You Wish For: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules

Most lawyers are fully aware of the “American Rule” – a generally universal rule of law (in the United States anyway) which provides that, absent specific authority granted by statute or a contractual agreement, a litigant is…more

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Pro Te: Solutio Vol. 6 No. 2

In This Issue: - Forum Non Conveniens: How To Avoid The Tide of Lawsuits Brought by Foreign Nationals - Pro Te Solutio: Product Defense And FDA Compliance - Health Care Strike Force: Uncovering Fraud In The…more

Clinical Trials, Compliance, Diversity, FDA, Foreign Nationals

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Dispute Resolution: The Alabama Supreme Court allows arbitration to proceed, even after litigation had been initiated

Recently, the Alabama Supreme Court affirmed a Mobile County trial court’s order granting the stay of an action until arbitration was completed. IBI Group, Michigan, LLC v. Outokumpu Stainless USA, LLC. In 2007 and 2008, IBI…more

AL Supreme Court, Arbitration, Contract Disputes, Order to Stay

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Burying the Gravamen Dispute: The Tennessee Supreme Court Clarifies How to Determine the Applicable Statute of Limitations

In most cases, the applicable statute of limitations is clear – one year for a personal injury claim (Tenn. Code Ann. § 28-3-104(1)), three years for a claim for injury to real or personal property (Tenn. Code Ann. §…more

Gravamen Analysis, Statute of Limitations

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“Bruce Pearl” Kicks Employee in Head Prompting Tennessee Supreme Court to Resolve Court of Appeals Split

Bruce Pearl is still generating controversy in Tennessee. But this time it is a Tennessee walking horse named Bruce Pearl, rather than the basketball coach. And the end result is a decision from the Tennessee Supreme Court…more

Employer Liability Issues, Internal Reporting, TN Supreme Court, Whistleblowers

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Texas Bankruptcy Court ‘Likes’ Facebook and Twitter Accounts as Property of the Reorganized Debtor

In a recent opinion in In re: CTLI, LLC (Tactical Firearms), Judge Jeff Bohm in the United States Bankruptcy Court for the Southern District of Texas ordered a debtor to handover its Facebook and Twitter accounts to the…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Digital Assets, Facebook

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Hold The Phone! AT&T’s Constitutional Challenge To Mississippi’s Dividend Exclusion Statute Is Still Alive

A Mississippi trial court has again found unconstitutional the state’s dividend exclusion statute, which disadvantages certain multistate taxpayers as compared to solely Mississippi taxpayers. This result comes from AT&T’s…more

AT&T, Audits, Corporate Taxes, Department of Revenue, Dividends

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Sixth Circuit Rejects Due Process Clause Challenge to Michigan Foreclosure

The state of Michigan has supplied the Sixth Circuit with no shortage of foreclosure-related decisions since the financial crisis, but the court’s recent decision in Garcia v. Federal National Mortgage Association, No. 14-1687,…more

Appeals, Bank of America, Due Process, Fannie Mae, Foreclosure

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It is Not Tortious to Interfere if You Are Exercising a Legitimate Interest or Right

In many commercial disputes, one or more of the parties will assert a tortious interference claim against the other. While there are several variations of tortious interference claims (e.g., interference with existing…more

Contract Disputes, Tortious Interference

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Recent Fair Campaign Practices Act Developments

Two recent administrative law judge decisions reflect that a Colorado government may violate the Fair Campaign Practices Act ('FCPA") prohibition on spending public funds to urge voters to vote for or against a ballot measure…more

ALJ, Ballot Measures, Fair Campaign Practices Act, Public Financing

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Up in Smoke – District Court Vacates $20,760,000 Punitive Damages Verdict in Florida Tobacco Lawsuit

On April 23, 2015, the United States District Court for the Middle District of Florida vacated a $20,760,000 punitive damages award that had been levied against international tobacco manufacturer Philip Morris USA, Inc. by a…more

Class Action, Decertify, Philip Morris, Punitive Damages, Tobacco Litigation

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I Think We’re Alone Now: Applying the Common-Interest Privilege When No Litigation is Pending

Recently, the New York Appellate Division broadened that state’s common-interest privilege doctrine. In Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 124 A.D.3d 129 (N.Y. App. Div. 1st Dep’t 2014), the court removed the…more

Appeals, Attorney-Client Privilege, Common-Interest Privilege, Countrywide, Interested Parties

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What Does a Community Bank in Dickson Have in Common with Deutsche Bank and JPMorgan Chase? Basel III

Originally published in the Tennessee Bar Association - December 1, 2012. Coming soon may be an answer to this question. Ask any banker what she thinks of Basel III, and then prepare yourself for a tirade. Ask Greg…more

Basel III

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US Supreme Court: Statement of the Legal Theory Supporting a Claim Is Not Required in a Pleading

The US Supreme Court recently emphasized that pleadings under the Federal Rules of Civil Procedure do not require a statement of the legal theory supporting the claim. In Johnson v. City of Shelby, 135 S. Ct. 346 (U.S. 2014),…more

Federal Rules of Civil Procedure, Johnson v City of Shelby, Law Enforcement, Notice Requirements, Pleading Standards

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Eleventh Circuit defines “structural damage” under an insurance policy to mean more than simply “physical” damage

Although commonly used in insurance policies, the term “ structural damage ” is typically an undefined term, leaving it to insurers, insureds, and sometimes the courts to define. In Florida, federal district courts had come to…more

Insurance Litigation, Property Damage

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Stop giving away the store! Cases decided prior to the 2000 Amendment of F. R. Civ. P 26(b) do not define scope of discovery

We observed previously that “reasonably calculated” does not define scope of discovery, and it never has. Rather, discovery is limited, by the plain terms of F. R. Civ. P. 26, to “nonprivileged matter that is relevant to any…more

Attorney-Client Privilege, Discovery, Federal Rules of Civil Procedure, Rule 26

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Municipalities Continuing Disclosure Cooperation Initiative (MCDC)

We want to make you aware of a new Securities and Exchange Commission enforcement initiative that impacts issuers of municipal bonds or other governmental securities or other persons obligated to provide secondary market…more

Disclosure Requirements, Enforcement, Issuers, MCDC, Municipal Bonds

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You Can Always Get What You Want, or At Least What You Contract For – Fifth Circuit Affirms Vacation of Arbitration Award

On April 7, 2015, the Fifth Circuit affirmed the Southern District of Texas’ decision to vacate an arbitration award rendered in a dispute involving two separate contracts – one which was to be governed by the Commercial…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitration Awards, Captive Insurance Company

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Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label Marketing…more

America Invents Act, Biotechnology, Daubert Standards, Ethics, Expert Testimony

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Recent Fair Campaign Practices Act Developments

Two recent administrative law judge decisions reflect that a Colorado government may violate the Fair Campaign Practices Act ('FCPA") prohibition on spending public funds to urge voters to vote for or against a ballot measure…more

ALJ, Ballot Measures, Fair Campaign Practices Act, Public Financing

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Simplicity And Clarity In The Administration And Enforcement Of Jurisdictional Rules

Jurisdictional rules are intended to be simple and thereby easy to administer and enforce. See Hertz Corp. v. Friend, 559 U.S. 77, 81, 94-95 (2010) (“[W]e place primary weight upon the need for judicial administration of a…more

DaimlerChrysler, DaimlerChrysler v Bauman, Due Process, Forum Shopping, Jurisdiction

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Errata sheet? We don’t need no stinkin’ errata sheet

In one scene of John Huston’s classic 1948 film “The Treasure of the Sierra Madre” a Mexican bandito tries to convince Humphrey Bogart that he and his company are Federales. Bogart’s character, Fred Dobb asks: “If you’re the…more

Affidavits, Depositions, Witness Statements

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Successful Rule 9(b) Defense of False Claims Act Whistleblower Litigation

The lure of significant monetary awards continues to stimulate high-risk whistleblower actions under the False Claims Act (FCA), and these claims are increasingly common in the pharmaceutical and medical device industry. The…more

False Claims Act, Federal Rules of Civil Procedure, Manufacturers, Medical Devices, Pharmaceutical Manufacturers

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Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII…more

Civil Rights Act, Harassment, Nurses, Nursing Homes, SCOTUS

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Pro Te: Solutio Vol. 6 No. 2

In This Issue: - Forum Non Conveniens: How To Avoid The Tide of Lawsuits Brought by Foreign Nationals - Pro Te Solutio: Product Defense And FDA Compliance - Health Care Strike Force: Uncovering Fraud In The…more

Clinical Trials, Compliance, Diversity, FDA, Foreign Nationals

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Major changes in store for Tennessee wrongful discharge law

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the Tennessee…more

Disability, Disability Discrimination, Employee Rights, Employer Liability Issues, Hiring & Firing

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Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing the…more

Discrimination, ENDA, Gender Identity, Sexual Orientation Discrimination, Transgender

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Pro Te: Solutio Vol. 6 No. 2

In This Issue: - Forum Non Conveniens: How To Avoid The Tide of Lawsuits Brought by Foreign Nationals - Pro Te Solutio: Product Defense And FDA Compliance - Health Care Strike Force: Uncovering Fraud In The…more

Clinical Trials, Compliance, Diversity, FDA, Foreign Nationals

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Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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The Supreme Court approves a new tool to defeat class certification in federal securities fraud cases brought in the Fifth Circuit – price impact evidence

The Supreme Court decision in Halliburton v. Erica P. John Fund, Inc., 134 S.Ct. 2398 (2014) concerns a federal securities fraud class action. The case was appealed from the Fifth Circuit. In Haliburton, the Supreme Court…more

Class Action, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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ATM Accessibility Class Actions Make Their Way to Middle Tennessee

On August 5, 2013, seven class action lawsuits were simultaneously filed against separate banks and credit unions in Middle Tennessee, alleging that the defendants’ ATMs failed to comply with the Americans with Disabilities Act…more

Accessibility Rules, ADA, ATMs, Banks, Class Action

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Chapter 15 Cross-Border Insolvency Means Comity and Cooperation; Not Necessarily Comedy and Concern

After taking the last train into the small Italian town of Vernazza, my travelling party soon came to realize that our booked inn had given away our rooms and that there were no available rooms in town and no more trains out…more

Chapter 15, Cross-Border, Insolvency, International Trade

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Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing the…more

Discrimination, ENDA, Gender Identity, Sexual Orientation Discrimination, Transgender

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Green vs. Blue Bubbles: A Thought on Thorough e-Discovery

If you own an iPhone, take a look at your most recent text messaging threads. Are the words contained in a blue or a green speech balloon? A blue speech balloon indicates that the communication was sent via Apple’s…more

Apple, Corporate Counsel, Discovery, iPhone, Smartphones

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New Release for Spring 2015: The Annual Verizon Data Breach Investigations Report

It’s that time of year again. Spring is in the air, flowers are in bloom, and Verizon’s annual Data Breach Investigations Report (DBIR) has been released. As in years past, this year’s numbers shed some light into, not only who…more

Corporate Counsel, Data Breach, Information Reports, Popular, Verizon

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Notice Of Coverage Options In Exchange Distributable To Employees By October 1, 2013 Under Health Care Reform Act

Update: On July 2, 2013, the Treasury Department posted a blog announcing its intention to delay – until January 1, 2015 – the employer shared responsibility and related requirements of the Health Care Reform Act, and that…more

Delays, DOL, FLSA, Health Insurance Exchanges, Healthcare

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Let’s Get Down to Business: Tennessee Supreme Court Establishes Business Court Pilot Project

Following the lead of over half of the States in the union (including its neighbors Alabama, Georgia, North Carolina, and South Carolina), the Tennessee Supreme Court has created by Order of March 16, 2015 the Davidson County…more

Business Court Division, Business Disputes, TN Supreme Court

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Settling a Lawsuit with an Employee or Former Employee? Don’t Forget the Tax Consequences

The IRS recently issued guidance that may be of particular interest to anyone with employees or former employees. In a Legal Advice issued by Field Attorneys (LAFA 20133501F), the IRS explained the tax treatment and reporting…more

ADA, ADEA, Civil Rights Act, Employer Liability Issues, IRS

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Data Breach Litigation – Financial Institutions Score Another Shot

Previously I wrote about banks joining the legal battle over data breaches. Anyone not living under a rock knows that there is multidistrict class action litigation involving Target’s massive data breach in December 2013…more

Banks, Class Action, Complex Litigation, Data Breach, Debit and Credit Card Transactions

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Attorney-Client Privilege Might Die With Your Company

If you have ever been involved in litigation relating to a defunct company, then you know that problems such as who will serve as the Rule 30(b)(6) representative and who will verify the answers to interrogatories or provide…more

Attorney-Client Privilege, Business Litigation, Corporate Dissolution, Discovery, Rule 30(b)(6)

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WWE Faces Wrongful Death Suit for Alleged Concealment of Risks Associated with Concussions

Memphis, Tennessee is the most recent arena in which the WWE is defending itself against concussion-related claims brought by former professional wrestlers. On February 18, 2015, the widow of deceased wrestler Nelson Lee…more

Negligence, Sports, World Wrestling Entertainment Inc, Wrongful Death

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Pro Te: Solutio Vol. 6 No. 2

In This Issue: - Forum Non Conveniens: How To Avoid The Tide of Lawsuits Brought by Foreign Nationals - Pro Te Solutio: Product Defense And FDA Compliance - Health Care Strike Force: Uncovering Fraud In The…more

Clinical Trials, Compliance, Diversity, FDA, Foreign Nationals

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Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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From the Wild West to SEC Regulation: Overstock.com’s Proposed Digital Securities and the Lessons of Bitcoin

On April 24, Overstock.com filed a Form S-3 with SEC for securities offerings up to $500,000,000. This filing is the first to propose offering digital securities, which the prospectus defines as “uncertificated securities, the…more

Alternative Trading Systems, Bitcoin, Digital Securities, Overstock.com, Retailers

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Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to…more

Appeals, Bodily Injury, Car Accident, Consumer Bankruptcy, Debtors

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Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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Too Much Information – Eleventh Circuit’s Review of Ellis May Define “Personally Identifiable Information” for Cell Phone Users

On March 2, 2015, The Cartoon Network Inc. (“Cartoon Network”) filed its response brief in Mark Ellis v. Cartoon Network Inc., asking the Eleventh Circuit Court of Appeals to uphold the district court’s dismissal of the lawsuit…more

Appeals, Cable Television Providers, Cartoon Network, Personally Identifiable Information, Unique Device Identifiers

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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

Advertising, Ponzi Scheme, Stanford International Bank, Stanford Ponzi Scheme, Television Commercials

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A is for…Arbitration: Can A Non-Signatory To A Contract Enforce An Arbitration Provision In That Contract?

A corporate client is engaged in arbitration with a third party pursuant to an arbitration provision in the contract between the parties. An executive signed the contract “on behalf of” the company, but did not sign the contract…more

Arbitration, Arbitration Agreements, C-Suite Executives, Designated Agent, Non-Signatories

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Free Speech for All . . . Except Judges?

Last month, in one of the most closely-watched cases of the October 2014 Term, the U.S. Supreme Court held that States may prohibit judges and candidates for judicial office from personally soliciting campaign funds. The Court…more

Campaign Contributions, First Amendment, Judges, Political Campaigns, SCOTUS

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Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII…more

Civil Rights Act, Harassment, Nurses, Nursing Homes, SCOTUS

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Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point of…more

Discrimination, Employer Liability Issues, Facebook, Hiring & Firing, Job Applicants

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Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII…more

Civil Rights Act, Harassment, Nurses, Nursing Homes, SCOTUS

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Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

See All Updates »

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label Marketing…more

America Invents Act, Biotechnology, Daubert Standards, Ethics, Expert Testimony

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Hold The Phone! AT&T’s Constitutional Challenge To Mississippi’s Dividend Exclusion Statute Is Still Alive

A Mississippi trial court has again found unconstitutional the state’s dividend exclusion statute, which disadvantages certain multistate taxpayers as compared to solely Mississippi taxpayers. This result comes from AT&T’s…more

AT&T, Audits, Corporate Taxes, Department of Revenue, Dividends

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Encouraging Creative and Innovative Thinking to Achieve Results for Clients

As attorneys, non-attorney professionals and staff, we ultimately all have the same objective: by ethical means, achieve the best outcome for our clients, through hard work, creative thinking and dedication. The best outcome may…more

Client Retention, Client Services

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Recent Fair Campaign Practices Act Developments

Two recent administrative law judge decisions reflect that a Colorado government may violate the Fair Campaign Practices Act ('FCPA") prohibition on spending public funds to urge voters to vote for or against a ballot measure…more

ALJ, Ballot Measures, Fair Campaign Practices Act, Public Financing

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Sixth Circuit Clarifies Proof Required To Show Below-Cost Pricing in Antitrust Case

A recent Sixth Circuit decision clarified the minimum standard a plaintiff must meet to prove a claim of below-cost pricing under either the concerted or independent antitrust provisions of the Sherman Act. In Superior…more

"Auto p, Antitrust Litigation, Appeals, Daubert Ruling, Sherman Act

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Attorney General Weighs In On Tennessee Guns In Trunks Law

The law giving handgun carry-permit holders the right to transport and store firearms and/or ammunition in their vehicles parked in an employer’s parking lot goes into effect July 1, 2013. With the enforcement deadline at hand,…more

Attorney Generals, Concealed Weapons, Employer No-Weapons Policies, Gun Laws, Guns-in-Trunks Legislation

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Delay of Penalties for Employer Shared Responsibility

July 2, 2013, the U.S. Treasury Department posted a blog announcing its intention to delay – until January 1, 2015 -- the imposition of penalties under the Affordable Care Act for large employers that do not offer health…more

Affordable Care Act, Deadlines, Delays, Employer Mandates, Health Insurance

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Employers Beware: McDonald’s Memorandum Suggests That the NLRB Intends to Loosen the Standard for When Legally Separate Entities May Be Considered Joint Employers

In late July, the General Counsel of the National Labor Relations Board (the “NLRB” or “Board”) issued a memorandum in a group of cases against operators of several McDonald’s franchises. The memorandum is significant because…more

Employee Rights, Franchises, Franchisors, Joint Employers, McDonalds

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Banking Notes - October 2013: Community Bank Stock on the Over-the-Counter Market

Over the last 12 months, we have seen an increase in the number of community banks interested in generating liquidity for their shareholders. The reasons for this increase vary: some banks want to create a more liquid stock to…more

Banks, Community Banks, FINRA, Nasdaq, NYSE

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Employers Beware: McDonald’s Memorandum Suggests That the NLRB Intends to Loosen the Standard for When Legally Separate Entities May Be Considered Joint Employers

In late July, the General Counsel of the National Labor Relations Board (the “NLRB” or “Board”) issued a memorandum in a group of cases against operators of several McDonald’s franchises. The memorandum is significant because…more

Employee Rights, Franchises, Franchisors, Joint Employers, McDonalds

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Unforced Errors Under Upjohn

Over thirty years ago, the Supreme Court clarified how the attorney-client privilege applies to records of internal investigations in Upjohn v. United States, 449 U.S. 383 (1981). Yet putting the principles of Upjohn into…more

Attorney-Client Privilege, Internal Investigations, Qui Tam, Upjohn Warnings, Work Product Privilege

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Banking Notes - October 2013: Five Practical Tips for Bank Acquirors

As the fog of the recent economic recession continues to lift, many community banks that have weathered the storm are shifting from a defensive-minded strategy to an offensive one, which in many cases focuses on the acquisition…more

Banks, Community Banks

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Pro Te: Solutio Vol. 6 No. 2

In This Issue: - Forum Non Conveniens: How To Avoid The Tide of Lawsuits Brought by Foreign Nationals - Pro Te Solutio: Product Defense And FDA Compliance - Health Care Strike Force: Uncovering Fraud In The…more

Clinical Trials, Compliance, Diversity, FDA, Foreign Nationals

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Banking Notes - October 2013: New Capital Rules for Community Banks

While small banks avoided some of the dreaded brunt of Basel III, this summer’s capital changes require all banks to reconsider their capital positions and may drive some banks to raise capital. Fortunately, the final rules…more

Basel III, Capital Requirements, Common Equity, Community Banks, Mortgages

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Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label Marketing…more

America Invents Act, Biotechnology, Daubert Standards, Ethics, Expert Testimony

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Are you defending suits where you don’t belong?

The United States Supreme Court turned conventional wisdom on its head about the reach of personal jurisdiction 12 months ago in its unanimous opinion in Daimler AG v. Bauman, 134 S. Ct. 746 (2014). Personal jurisdiction comes…more

DaimlerAG, DaimlerChrysler v Bauman, Jurisdiction, Personal Jurisdiction, SCOTUS

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Recent Fair Campaign Practices Act Developments

Two recent administrative law judge decisions reflect that a Colorado government may violate the Fair Campaign Practices Act ('FCPA") prohibition on spending public funds to urge voters to vote for or against a ballot measure…more

ALJ, Ballot Measures, Fair Campaign Practices Act, Public Financing

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All Whistleblowers, listen up! Seven figure chump change or eight-figure bonanza, what will it be?

All Whistleblowers, listen up! Seven figure chump change or eight-figure bonanza, what will it be? Several events happened in the last few months to inspire conversation about whistleblowers. First, on July 30, 2014,…more

Dodd-Frank, SEC, Whistleblower Awards, Whistleblowers

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Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for…more

Appeals, Comparative Negligence, Damage Caps, Non-Economic Damages, Punitive Damages

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Best Practices in Periodic Reviews of Participant Directed Retirement Plans

Among the duties of a retirement plan fiduciary is the duty to monitor the administration of the plan and to assure that policies and procedures are in place to minimize the risk of errors and deficiencies. While monitoring is…more

401k, Client Meetings, Disclosure, Due Diligence, Fees

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Hold The Phone! AT&T’s Constitutional Challenge To Mississippi’s Dividend Exclusion Statute Is Still Alive

A Mississippi trial court has again found unconstitutional the state’s dividend exclusion statute, which disadvantages certain multistate taxpayers as compared to solely Mississippi taxpayers. This result comes from AT&T’s…more

AT&T, Audits, Corporate Taxes, Department of Revenue, Dividends

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Time to Examine Tennessee’s Collateral Source Rule by William Walton

Originally published in the Tennessee Bar Association - December 1, 2012. Taking Another Look at Fye v. Kennedy - Damages in tort law are designed to compensate for injury and, in the words of one court, “only for…more

Collateral Source Rule, Damages, Health Insurance, Medical Expenses

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Are you Certifiable?

It is not unusual for opposing counsel to demand that you “certify” that your client’s document production is complete and correct. What does this mean? Are you required to do it? The issue often arises in consolidated…more

Certifications, Class Action, Discovery, Federal Rules of Civil Procedure, Rule 26

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Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

See All Updates »

Hold The Phone! AT&T’s Constitutional Challenge To Mississippi’s Dividend Exclusion Statute Is Still Alive

A Mississippi trial court has again found unconstitutional the state’s dividend exclusion statute, which disadvantages certain multistate taxpayers as compared to solely Mississippi taxpayers. This result comes from AT&T’s…more

AT&T, Audits, Corporate Taxes, Department of Revenue, Dividends

See All Updates »

Recent Fair Campaign Practices Act Developments

Two recent administrative law judge decisions reflect that a Colorado government may violate the Fair Campaign Practices Act ('FCPA") prohibition on spending public funds to urge voters to vote for or against a ballot measure…more

ALJ, Ballot Measures, Fair Campaign Practices Act, Public Financing

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Contact

1020 Highland Colony Parkway, Ste. 1400 P.O. Box 6010
Ridgeland, Mississippi 39158, United States

  • (601) 985-5711
  • (601) 985-4500

Areas of Practice
  • Administrative Law
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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