Butler Snow LLP

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1020 Highland Colony Parkway, Ste. 1400
P.O. Box 6010
Ridgeland, Mississippi 39158, United States
Phone: (601) 985-5711
Fax: (601) 985-4500
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • Colorado
  • D.C.
  • Georgia
  • Louisiana
  • Massachusetts
  • Mississippi
  • New Mexico
  • New York
  • North Carolina
  • Pennsylvania
  • Tennessee
  • Texas
Other Countries
  • Hong Kong
  • Singapore
  • United Kingdom
Number of Attorneys
100+ Attorneys

Pro Te: Solutio Vol. 8 No. 3

Dear Client - Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery…more

Apex Doctrine, Discovery, Evidence, Federal Rules of Civil Procedure, Innovator Liability

See all updates »

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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To Speak or Not to Speak: The “Personal Knowledge” Requirement of a Corporate Representative

Federal Rule of Civil Procedure 30(b)(6) permits a corporate representative to testify during deposition about matters within the corporation’s knowledge. This testimony does not require the corporate representative to have a…more

Corporate Executives, Corporate Investigations, Depositions, Discovery, Evidence

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Three Stripes and You’re Out: adidas Seeks to Protect its Mark

On March 17, 2017, athletic apparel giant, adidas, filed suit against Juicy Couture, Inc. asserting trademark infringement and unfair competition claims. The case is styled adidas America Inc. et al. v. Juicy Couture Inc., Case…more

Adidas, Fashion Branding, Fashion Design, Fashion Industry, Trademark Infringement

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No Tax, No Travel

If you are not expecting a refund this year, you may be wondering what taxes have to do with your travel plans. A little over a year ago, Congress passed a law to authorize funding for highways known as “Fixing America’s…more

Delinquent Assessment Dues, Driver's Licenses, Fixing America’s Surface Transportation Act (FAST Act), Internal Revenue Code (IRC), IRS

See all updates »

What Are Our Obligations With Regard to a Client’s File?

Recently, while catching up on my “pleasure” reading — the November issue of The Alabama Lawyer — during a lunch break, I came across an article from the Office of General Counsel regarding the “Retention, Storage, Ownership,…more

Client Data, Document Retention Policies, Former Clients, Legal Ethics, Rules of Professional Conduct

See all updates »

Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

Georgia’s Transportation Funding Act Of 2015 (HB 170) – Impact On Local Governments

The House of Representatives of the Georgia General Assembly (the “House”) passed a bill on March 5, 2015 known as the Transportation Funding Act of 2015 or House Bill 170 (“HB 170”) to address critical transportation needs in…more

Fuel Tax, Highways, New Legislation, Public Transportation, Referendum Votes

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P3s and Tax-Exempt Bonds

In the past, states and local governments have relied in large part on low-cost tax-exempt financing to meet their infrastructure needs. While there is a growing consensus that our present infrastructure needs are great, many…more

Critical Infrastructure Sectors, Internal Revenue Code (IRC), Private Letter Rulings, Public Projects, Tax-Exempt Bonds

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Take It or Leave It

The Tennessee Court of Appeals recently found that a “take or leave it offer” extended by a lender to a borrower experiencing financial difficulty was not duress. SK Food Corp., et al. v. FirstBank, No. M2016-01019-COA-R3-CV,…more

Appeals, Banking Sector, Borrowers, Duress, Fees

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Pulse Nightclub Shooting Lawsuit May Show Path Around the Communications Decency Act

I previously posted Facebook Fake News Problem May Impact Businesses Operating Open Web Sites on why the controversy over fake news stories on Facebook may cause concern for businesses operating open websites, although such…more

Advertising, Algorithms, Communications Decency Act, Facebook, Google

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Environmental Update – Proposed Hazardous Waste Rule for Pharmaceuticals

On August 31, 2015, the EPA proposed new regulations for the management of hazardous waste pharmaceuticals at healthcare facilities. First and foremost, the proposed rule prohibits the flushing of any hazardous waste…more

Comment Period, Department of Transportation (DOT), EPA, FFDCA, Hazardous Waste

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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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What do we need to know to comply with the new proposed Section 2801 regulations?

Section 2801 imposes a tax on covered gifts and covered bequests received by U.S. citizens or residents from a covered expatriate. Section 2801 also applies to domestic trusts and foreign trusts electing to be treated as…more

Expatriates, Gifts, IRS, Proposed Regulation, Transfer Taxes

See all updates »

Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

Mississippi Supreme Court Finally Disconnects The Line On Dividend Exclusion Statute In The AT&T Case

In a previous article, we summarized AT&T’s 16-year effort, in two separate lawsuits, to have declared unconstitutional two Mississippi income tax statutes on the alleged basis that they placed a greater tax burden on AT&T and…more

AT&T, Commerce Clause, Constitutional Challenges, Corporate Taxes, Discrimination

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New MSRB Rule Will Increase Available Information Regarding Trades of Municipal Securities

Last month, the Securities and Exchange Commission (the “SEC”) approved amendments by the Municipal Securities Rulemaking Board (the “MSRB”) to MSRB Rule G-14 regarding the reporting of trades of municipal securities. These…more

Amended Regulation, Bonds, MSRB, Municipal Bonds, Municipal Securities Issuers

See all updates »

Pro Te: Solutio - Vol.9 No.3 – Fall 2016

The Fall 2016 issue of Pro Te is about all things regulatory, including a peek at the newly developing issue of crowdfunding for medical devices. In EMA Guidance on Clinical Data Publication, we discuss recent guidance from…more

Capital Raising, Clinical Trials, Crowdfunding, EU, European Medicines Agency (EMA)

See all updates »

Sixth Circuit Upholds Dismissal of Fraud and Contract Claims Against Employer Sponsoring Green Card Application for Employee

In an interesting case situated at the intersection of immigration and contract law, the Sixth Circuit recently affirmed a district court’s dismissal of claims against Dow Corning Corporation stemming from its sponsoring an…more

At-Will Employment, Breach of Contract, Corporate Counsel, Dismissals, Foreign Workers

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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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Campaign Season Poses Challenges for Local Governments

It is that time of year again… “Election Season.” In addition to candidates on the ballot on a state and national level, many local governments are gearing up to place questions on the ballot with respect to debt issuances…more

Campaign Contributions, Political Campaigns, Presidential Elections, Public Funds, State and Local Government

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It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of all…more

Appeals, Attorney's Fees, Contract Terms, Corporate Counsel, Federal Rules of Civil Procedure

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Pro Te: Solutio - Vol. 8 No. 5

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the…more

Attorney Advertising, Commercial Speech, Duty to Warn, Learned Intermediary, Litigation Funding

See all updates »

The Future After Being First: Why I’m Hopeful About The Next Four Years

In the past year, but particularly in the months since November 9, we have been forced to deal with the harsh reality that our nation is severely divided. Our generation, in partnership with our first Black president, has pushed…more

Barack Obama, Diversity, Mentors, Political Parties, Presidential Elections

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Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

A Case for NMTCs in US Territories

Annually, following the release of the New Markets Tax Credit (“NMTC”) Application, the Community Development Financial Institutions (“CDFI”) Fund identifies ten states, plus US territories, that have not received as much NMTC…more

American Samoa, CDFI Fund, Community Development Entities, Guam, Investment Funds

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S.D.N.Y. Litigators Hit Snooze Button, Magistrate Judge Peck Issues Second “Wake-Up Call” for “Every Litigator”

Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a “wake-up call” to the Bar in his District. It was actually…more

Discovery, Electronically Stored Information, Email, FRCP 34

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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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The MCDC Initiative: December Was Just The Beginning

As many of our issuer clients know, as a result of perceived wide-spread violations of post issuance reporting compliance, in 2014 the SEC conducted its “Municipal Continuing Disclosure Compliance Initiative” or the “MCDC…more

Compliance, Disclosure Requirements, Investment Banks, Look-Back Measurement Period, Material Misstatements

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ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer or Business As Usual?

I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the repercussions. …more

Amended Rules, Discovery, Discovery Disputes, Duty to Preserve, Electronically Stored Information

See all updates »

Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

Position Accepted By Trial Court, And By Court Of Appeals, Was Insurance Company Bad Faith: Washington Supreme Court

The Washington Supreme Court just handed a defeat to Washington State liability insurers, holding that ProBuilders Specialty Insurance Company had a duty to defend a carbon monoxide poisoning case, notwithstanding a broad…more

Bad Faith, Carbon Monixide Exposure, Insurance Industry, Insurance Litigation, Liability Insurance

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SEC Adopts Pay Ratio Disclosure Rule

The SEC adopted a final rule in August of 2015 requiring companies to disclose the ratio of their CEOs’ compensation to that of the median compensation of their employees, which includes part-time, temporary and foreign…more

CEOs, Dodd-Frank, Executive Compensation, Pay Ratio, Reporting Requirements

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New MSRB Rule Will Increase Available Information Regarding Trades of Municipal Securities

Last month, the Securities and Exchange Commission (the “SEC”) approved amendments by the Municipal Securities Rulemaking Board (the “MSRB”) to MSRB Rule G-14 regarding the reporting of trades of municipal securities. These…more

Amended Regulation, Bonds, MSRB, Municipal Bonds, Municipal Securities Issuers

See all updates »

Fifth Circuit Reaffirms the “Limited” and “Exceedingly Deferential” Review of Arbitration Decisions

On August 4, 2016, the Fifth Circuit declined a pro se plaintiff’s invitation to reconsider the merits of his claim and instead confirmed the arbitration award against him under the Federal Arbitration Act’s standard of limited…more

Age Discrimination, Arbitration, Arbitration Awards, Federal Arbitration Act, Motion to Compel

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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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Ole Miss Substantially Prevails in Tax Court Case over Taxability of Coach Appearances

Tax exempt organizations must report and pay tax on their “unrelated business income.” Butler Snow recently represented The University of Mississippi (“UM”) in a federal income tax dispute in the United States Tax Court…more

Coaches, College Athletes, Tax Court, Tax Exempt Entities, Tax Litigation

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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, Public Financing

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Don’t Assume A Strong Discovery Protective Order Means Your Client’s Confidential Information Will Not End Up in the Public Record

The scenario is pretty common. A company is served with a subpoena duces tecum in a lawsuit to which it isn’t a party. Among the categories of documents requested are some that clearly include information the non-party deems…more

Confidential Information, Discovery, Protective Orders, Public Records, Sealed Records

See all updates »

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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Pro Te: Solutio Vol. 8 No. 2

Summer is in full swing and certain topics are (staying) hot—especially regulatory issues, from new proposed rules to challenges to case law to strategic considerations. Generic preemption remains a hot topic. In Storm…more

510(k) RTA, Device Classification, Drug Safety, Failure To Warn, FDA

See all updates »

The Unintended Consequences of Public Ownership of Sports Stadiums – The NFL meets Concealed Carry Gun Permits

“Politics is tricky; it cuts both ways. Every time you make a choice, it has unintended consequences.” — Stone Gossard A recent opinion from the Tennessee Attorney General’s office, No. 15-63, July 29, 2015, illustrates…more

Commercial Leases, Franchises, Gun Laws, NBA, NFL

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Could Your Project Utilize New Market Tax Credits?

I came home from work the other day and my middle child had a kitten in her arms. A mangy, dirty, little dark scrawny kitten…gross. I’m not a cat person. OK, that’s not completely accurate. I friggin’ hate cats. The world has…more

Business Development, Community Development Entities, New Market Tax Credits

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Pro Te: Solutio - Vol. 8 No. 5

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the…more

Attorney Advertising, Commercial Speech, Duty to Warn, Learned Intermediary, Litigation Funding

See all updates »

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.9 No.3 – Fall 2016

The Fall 2016 issue of Pro Te is about all things regulatory, including a peek at the newly developing issue of crowdfunding for medical devices. In EMA Guidance on Clinical Data Publication, we discuss recent guidance from…more

Capital Raising, Clinical Trials, Crowdfunding, EU, European Medicines Agency (EMA)

See all updates »

When Does Preparing to Compete Cross the Line?

An employee or former employee who starts preparing to compete with his employer or former may get tripped up in one of two scenarios: (1) breaching a fiduciary duty of loyalty; or (2) running afoul of a noncompete agreement. …more

Breach of Duty, Duty of Loyalty, Former Employee, Non-Compete Agreements, Unfair Competition

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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

See all updates »

The Cost of Water is Rising – Financing Tools and Strategies to Help Communities Pay

Across America, the cost of water is rising. Getting clean drinking water is not as easy as turning on the faucet. Not only is access to safe water a growing issue across America — it is an expensive one too. Local elected…more

Bonds, Drinking Water, EPA, Municipal Bonds, Public Private Partnerships (P3s)

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Pro Te: Solutio - Vol.9 No.3 – Fall 2016

The Fall 2016 issue of Pro Te is about all things regulatory, including a peek at the newly developing issue of crowdfunding for medical devices. In EMA Guidance on Clinical Data Publication, we discuss recent guidance from…more

Capital Raising, Clinical Trials, Crowdfunding, EU, European Medicines Agency (EMA)

See all updates »

Tremendous Tax Savings Opportunity for Certain Investors with the PATH Act

Recent statutory amendments enacted as part of the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”) should prompt entrepreneurs to reconsider whether a C corporation may be a better choice of entity than a…more

Alternative Minimum Tax, C-Corporation, Entrepreneurs, Protecting Americans from Tax Hikes (PATH) Act, Qualified Small Business Stock

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Programs to bring investment capital to rural communities

The United States Department of Agriculture (“USDA”) offers a variety of loan programs designed to spur investment in rural communities located throughout the United States of America. These loans are available to governments,…more

Affordable Housing, Federal Loans, New Market Tax Credits, Rural Areas, Rural Development

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The Defend Trade Secrets Act and Whistleblowers: Protections and Vulnerabilities

President Obama signed into law the Defend Trade Secrets Act (“DTSA”) during his last year in office. Most notably, the DTSA creates a private federal civil cause of action for misappropriation of trade secrets. If that…more

Confidential Information, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets

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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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The Department of Labor’s New OT Rule Put on Hold

It seems that the US. Department of Labor (DOL)’s highly-anticipated overtime rules changes have been put on hold—and, quite possibly, on ice. On November 22, 2016, just days before the new rules were set to take effect on…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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Mind the “Gap”: Laches No Defense to Claims for Patent Damages

Last week the Supreme Court held in a 7-1 decision that the equitable defense of laches is no defense to the legal remedy of patent damages where the infringement occurred during the statutory period of 35 U.S.C. § 286. SCA…more

Equitable Estoppel, Intellectual Property Protection, Laches, Patent Infringement, Patent Litigation

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Pro Te: Solutio - Vol.9 No.3 – Fall 2016

The Fall 2016 issue of Pro Te is about all things regulatory, including a peek at the newly developing issue of crowdfunding for medical devices. In EMA Guidance on Clinical Data Publication, we discuss recent guidance from…more

Capital Raising, Clinical Trials, Crowdfunding, EU, European Medicines Agency (EMA)

See all updates »

Paying for software development? Make sure you own it!

In a digital society dominated by the saying, “there’s an app for that,” copyright protection is essential. Paying to have a work created does not automatically vest ownership of the copyright in the paying party. When making…more

App Developers, Copyright, Copyright Ownership, Derivative Works, Employment Contract

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Pro Te: Solutio Vol. 8 No. 2

Summer is in full swing and certain topics are (staying) hot—especially regulatory issues, from new proposed rules to challenges to case law to strategic considerations. Generic preemption remains a hot topic. In Storm…more

510(k) RTA, Device Classification, Drug Safety, Failure To Warn, FDA

See all updates »

Raising a Drawbridge Objection: Eligibility in Chapter 15 Cross-Border Insolvency Cases

Insolvency like international law can lend itself to aggressive protectionism as parties or countries try to preserve their own interests, like medieval lords surrounded their castles with moats and towering walls to fend off…more

Bankruptcy Code, Bankruptcy Court, Chapter 15, Commercial Bankruptcy, Cross-Border

See all updates »

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

See all updates »

It’s Back for Spring 2016: The Annual Verizon Data Breach Investigations Report

Last year around this time we examined the results of Verizon’s annual Data Breach Investigations Report (DBIR). As in year’s past, Verizon analyzed the data it received from companies across the country about security…more

Annual Reports, Cybersecurity, Data Breach, Employee Training, Information Reports

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Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

See all updates »

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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The Tennessee Business Court Matures From Start-Up To Growth

In 2015, to much fanfare, the Tennessee Supreme Court created the Davidson County Business Court Pilot Project (“Business Court”). Tennessee joined over half of the states in the union with the establishment of a court…more

Business Court, Business Disputes, Complex Litigation

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Pro Te: Solutio - Vol. 8 No. 5

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the…more

Attorney Advertising, Commercial Speech, Duty to Warn, Learned Intermediary, Litigation Funding

See all updates »

IRS Reverses Position on “Bad Boy” Guarantees

Earlier this year, the IRS issued Chief Counsel Advice 201606027 (February 5, 2016) concluding that, for purposes of the basis and at-risk limitations, an LLC member’s guarantee of entity-level nonrecourse debt conditioned upon…more

Bad Boy Liability, Carve Out Provisions, Guarantors, IRS, Limited Liability Company (LLC)

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Tennessee Legislature Amends (Again) Its Data Breach Laws

As I blogged about here, last year the Tennessee legislature amended its data breach laws to become the first state in the U.S. to remove the encryption safe harbor from its definition of a data breach, which required notice of…more

Amended Legislation, Breach Notification Rule, Data Breach, Encryption, Personally Identifiable Information

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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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Law And Accounting Committee Summary Of Current FASB Developments

In March, 2016, the FASB issued Accounting Standards Update No. 2016-09, Compensation - Stock Compensation (Topic 718), Improvements to Employee Share-Based Payment Account. This update simplifies accounting for share-based…more

Accounting Standards, Derivatives, FASB, Financial Reporting, Hedging

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Partners Beware: New Audit Rules May Have a Big Impact on Your Bottom Line. Here’s What You Need to Know and How to Protect Yourself

The arcane rules surrounding partnership audits rarely, if ever, come up, and most people don’t even know that they exist. What once was a set of rules confined to the dark recesses of the Internal Revenue Code are now coming…more

Audits, Bipartisan Budget Act, IRS, Partnerships, Push-Out Requirements

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Dedmon: The Destiny Of “Reasonable” Medical Expenses In Tennessee Part II

In Tennessee, personal-injury plaintiffs may recover as damages the reasonable and necessary costs of the medical treatment that they received for their proven injuries. Until recently, a plaintiff’s ability to prove a…more

Bodily Injury, Car Accident, Insurance Litigation, Medical Expenses, TN Supreme Court

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Franchisee d/b/a Franchisor’s Trademark: The Fictitious Name Registration

The fictitious name, also known as the d/b/a, doing business as, trade name or assumed name. Every franchisee uses one and, in almost all cases, it’s the franchisor’s trademark. And while it may be considered “fictitious,” the…more

Ficticious Business Name, Franchise Agreements, Franchises, Personal Brands, Trade Names

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Pro Te: Solutio Vol. 8 No. 3

Dear Client - Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery…more

Apex Doctrine, Discovery, Evidence, Federal Rules of Civil Procedure, Innovator Liability

See all updates »

Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement

The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v…more

Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Damages, Email, Former Employee

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IRS Releases Proposed Regulations Defining a “Political Subdivision” For Purposes of Determining Eligibility to Issue Tax-Exempt Bonds

On February 22, 2016, the Internal Revenue Service (the “IRS”) released proposed treasury regulations (the “Proposed Regulations” ) to provide guidance as to how the IRS intends to prospectively define a “political subdivision”…more

Comment Period, Control Test, Government Entities, Infrastructure, IRS

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President Trump’s Tax Plan

In rounding out his first 100 days in office, President Trump released an overview of his proposed tax plan. The one page bullet point plan consists of general taxpayer relief for individuals in the form of a simplified tax…more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Estate Tax, Income Taxes

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Don’t Assume A Strong Discovery Protective Order Means Your Client’s Confidential Information Will Not End Up in the Public Record

The scenario is pretty common. A company is served with a subpoena duces tecum in a lawsuit to which it isn’t a party. Among the categories of documents requested are some that clearly include information the non-party deems…more

Confidential Information, Discovery, Protective Orders, Public Records, Sealed Records

See all updates »

The Spears Hearing: An Under-Utilized Filter for Frivolous Prisoner Lawsuits

In a previous post, I noted the recent twentieth anniversary of the Prison Litigation Reform Act (PLRA) – highlighting the intent behind the Act (to curb frivolous inmate lawsuits) and the Act’s effect (a sixty percent drop in…more

Frivolous Lawsuits, Inmates, PLRA

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Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical…more

Litigation Strategies, Lone Pine Order, Mass Tort Litigation, Multidistrict Litigation, Subpoenas

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Pro Te: Solutio Vol. 8 No. 3

Dear Client - Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery…more

Apex Doctrine, Discovery, Evidence, Federal Rules of Civil Procedure, Innovator Liability

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Letter To A First-Year Law Student

We recently received this email message from Mr. Munford: This is a letter I wish I had gotten when I started law school. I have sent it in various versions to several young friends as they began that adventure. It occurred…more

Law School, Law Students, Young Lawyers

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Curing Default in Chapter 11 Bankruptcy May Require Debtors to Pay Default Interest to Secured Creditors.

The Ninth Circuit Court of Appeals recently took up the issue of a Chapter 11 Debtor’s requirements to cure a loan default through its Chapter 11 plan. The result was a ruling that overturned previous law that entitled debtors…more

Appeals, Chapter 11, Commercial Bankruptcy, Commercial Mortgages, Default

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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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Word Games Aside … an agreement to settle is an agreement to settle

The Tennessee Court of Appeals refused to let a litigant weasel out of a negotiated and binding agreement to settle disputed claims. Tim Grace v. Jeanna Grace d/b/a Grace Trucking, Case No. W2016-00650-COA-Re-CV (11/29/16)…more

American Rule, Attorney's Fees, Breach of Contract, Contract Disputes, Contract Terms

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Pro Te: Solutio - Vol. 8 No. 5

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the…more

Attorney Advertising, Commercial Speech, Duty to Warn, Learned Intermediary, Litigation Funding

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The Fifth Circuit Rules Findings from SEC Civil Investigation are Admissible Evidence at Trial

The Fifth Circuit Court of Appeals appears to have handed white collar defendants a new tool for trial. In United States v. Gluk, — F.3d —-, 2016 WL 4150901 (5th Cir. Aug. 4, 2016), the court held that a little-noticed exception…more

DOJ, Evidence, Exculpatory Evidence, Government Investigations, Hearsay

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The Supreme Court Clarified Bank Fraud Statute Does Not Require a Defendant to Intend to Defraud a Bank

In December 2016, in a unanimous decision, the Supreme Court held in Shaw v. United States, 137 S.Ct. 462 (2016), that the Bank Fraud statute does not require the government prove the defendant intended to defraud a bank. The…more

Bank Fraud, Criminal Prosecution, Intent, Theft

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So Much for A Contingency Plan: Can the Florida Legislature Abrogate an Attorney’s Contingency Fee in Tort Claims Against the Government?

Like many states, Florida has only partially waived its sovereign immunity by statute. Thus, a plaintiff’s recovery against the state is generally limited to no more than $200,000 per incident. This statutory cap, however, is…more

Abrogation, Catastrophic Impairment, Contingency Fees, Damage Caps, Hospitals

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Mind the “Gap”: Laches No Defense to Claims for Patent Damages

Last week the Supreme Court held in a 7-1 decision that the equitable defense of laches is no defense to the legal remedy of patent damages where the infringement occurred during the statutory period of 35 U.S.C. § 286. SCA…more

Equitable Estoppel, Intellectual Property Protection, Laches, Patent Infringement, Patent Litigation

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Dedmon: The Destiny Of “Reasonable” Medical Expenses In Tennessee Part II

In Tennessee, personal-injury plaintiffs may recover as damages the reasonable and necessary costs of the medical treatment that they received for their proven injuries. Until recently, a plaintiff’s ability to prove a…more

Bodily Injury, Car Accident, Insurance Litigation, Medical Expenses, TN Supreme Court

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Trump Immigration Travel Ban, Revisited

On March 6, 2017, the Trump administration issued a revised Executive Order “travel ban” temporarily suspending visa issuance from six (6) countries – Iran, Yemen, Libya, Sudan, Syria and Somalia. The new Executive Order seeks…more

DHS, Executive Orders, Foreign Nationals, Travel Ban, Trump Administration

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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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The Sixth Circuit Confirms What We Already Should Know — It Can Be Challenging to Enforce an Arbitration Provision in an Expired Contract

A unanimous panel of the Sixth Circuit recently rejected a manufacturer’s attempt to compel arbitration under an expired contract in Linglong Americas, Inc. v. Horizon Tire, Inc. The manufacturer and its distributor entered…more

Arbitration, Contract Termination, Distributors, Manufacturers, Motion to Compel

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Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad acts? Federal…more

Defamation, DOL, False Accusations, Intentional Torts, OSHA

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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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Fed’s Final Treatment of Municipal Securities as High-Quality Liquid Assets Disappoints the Industry

Treatment of Municipal Securities in Fed’s Final HQLA Rule Draws Unenthusiastic Industry Reactions - On April 1, 2016, the Federal Reserve Board released its final regulations respecting treatment of municipal securities as…more

Banks, FDIC, Federal Reserve, HQLA, Liquidity Coverage Ratio

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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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Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical…more

Litigation Strategies, Lone Pine Order, Mass Tort Litigation, Multidistrict Litigation, Subpoenas

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Escobar in Action – Materiality is a Tall Hurdle to Clear

In the recent Third Circuit decision United States of America, ex rel. Gerasimos Petratos, et al. v. Genentech Inc; et al., No. 15-3805, 2017 WL 1541919 (3d Cir. May 1, 2017), the Third Circuit addressed a “false certification…more

False Claims Act (FCA), False-Certification of Conformance, Genentech, Materiality, Pharmaceutical Industry

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Second Wave of MCDC Hits Underwriters ….No Smooth Sailing Ahead!

On September 30 the Securities and Exchange Commission (“SEC”) announced another round of enforcement actions against 22 municipal underwriting firms for disclosure violations in connection with municipal bond offerings. The…more

Enforcement Actions, MCDC, Municipal Securities Issuers, Municipal Securities Market, Penalties

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Fitch Ratings Updates Criteria for Water and Sewer Bonds

On September 3, 2015, Fitch Ratings updated its sector-specific rating criteria for water and sewer bonds. The new report replaces Fitch’s existing rating criteria published July 31, 2013, but Fitch does not anticipate changes…more

Bonds, Corporate Issuers, Fitch, Municipal Securities Issuers, Rating System

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Paying for software development? Make sure you own it!

In a digital society dominated by the saying, “there’s an app for that,” copyright protection is essential. Paying to have a work created does not automatically vest ownership of the copyright in the paying party. When making…more

App Developers, Copyright, Copyright Ownership, Derivative Works, Employment Contract

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Support the Tax-Exemption for Municipal Bonds

Please ask your Congressmen to join the bipartisan House Municipal Finance Caucus. Why? What is this caucus? This caucus provides support for the federal tax-exemption for municipal bonds by directly opposing the President’s cap…more

Bipartisan Agreement, Municipal Bonds, Tax Exemptions, Tax-Exempt Bonds

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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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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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The Government Knowledge Defense to the False Claims Act after Universal Health Services

As recited in seemingly every brief and opinion involving the statute, the False Claims Act traces its history to the Civil War and efforts to deter and punish fraud on the Lincoln administration. The lure of treble damages,…more

Bid Protests, False Claims Act (FCA), Federal Contractors, Government Knowledge Defense, Public Projects

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Facebook Unfriends Policy Allowing for Exclusion of Certain Racial and Ethnic Groups in Housing, Credit, and Employment Advertisements on the Site

The social network giant, Facebook—amid criticism and a push from public figures and congressional leaders—announced that the site would no longer allow advertisers to exclude specific racial and ethnic groups in the areas of…more

Advertising, Civil Rights Act, Ethnicity, Facebook, Fair Housing Act (FHA)

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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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Fed’s Final Treatment of Municipal Securities as High-Quality Liquid Assets Disappoints the Industry

Treatment of Municipal Securities in Fed’s Final HQLA Rule Draws Unenthusiastic Industry Reactions - On April 1, 2016, the Federal Reserve Board released its final regulations respecting treatment of municipal securities as…more

Banks, FDIC, Federal Reserve, HQLA, Liquidity Coverage Ratio

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Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

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Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

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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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Product Liability & Complex Litigation Vol. 1, No. 1

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from…more

Automotive Industry, Connected Cars, Cybersecurity, Driverless Cars, Evidence

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Banking Notes: New Mississippi Law Allows Venue Selection for Shareholder Claims

The Mississippi legislature has created a new mechanism for Mississippi corporations to require that derivative and other shareholder claims be brought in the county of the corporation’s principal office instead of some other…more

Articles of Incorporation, Derivative Suit, Jurisdiction, Principal Place of Business, Shareholder Litigation

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Pro Te: Solutio Vol. 8 No. 3

Dear Client - Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery…more

Apex Doctrine, Discovery, Evidence, Federal Rules of Civil Procedure, Innovator Liability

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Pro Te: Solutio - Vol. 8 No. 5

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the…more

Attorney Advertising, Commercial Speech, Duty to Warn, Learned Intermediary, Litigation Funding

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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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, Public Financing

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Legal Lessons from “Maserati Rick” – The Man Who Falsely Claimed to be a Miami Dolphin for Over 3 Years

In 2014, Ricardo Agnant, a.k.a. “Maserati Rick,” snuck into an NFL Regional Combine at the Miami Dolphins’ training center. An NFL Regional Combine is a selective NFL-sanctioned event that provides aspiring NFL athletes a forum…more

Deceptive Intent, Digital Media, Football, Fraud, Misrepresentation

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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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Ole Miss Substantially Prevails in Tax Court Case over Taxability of Coach Appearances

Tax exempt organizations must report and pay tax on their “unrelated business income.” Butler Snow recently represented The University of Mississippi (“UM”) in a federal income tax dispute in the United States Tax Court…more

Coaches, College Athletes, Tax Court, Tax Exempt Entities, Tax Litigation

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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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Cheatin’ Ain’t Easy: Potential Theories of Liability Emerge for Online Cheating Website Ashley Madison

Ashley Madison, a dating website specifically geared towards married individuals looking to have an affair, recently found out it was the victim of cyber hackers who claim to have stolen personal information, including names and…more

Adultery, Alienation of Affection, Breach of Contract, Class Action, Confidential Information

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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. 9 No. 2 - Summer 2016

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical…more

Litigation Strategies, Lone Pine Order, Mass Tort Litigation, Multidistrict Litigation, Subpoenas

See all updates »

Proposed Bonds to Encourage Public Private Partnerships And Improve Infrastructure

The nation’s infrastructure is in need of dire repair. On February 2, 2015, to encourage private investments in infrastructure through public-private partnerships (“P3s”) and as part of his 2016 proposed budget, President Barack…more

Barack Obama, Bonds, Federal Budget, Government Bonds, Infrastructure

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Overview of Affordable Housing Programs

Standard & Poor’s (S&P) has rating criteria for municipal and corporate bonds, the proceeds of which are to be used to finance the acquisition, refinancing, or renovation of affordable rental housing communities. These…more

Affordable Housing, Corporate Bonds, Municipal Bonds, Property Valuation, Rating System

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IRS Releases Proposed Regulations Defining a “Political Subdivision” For Purposes of Determining Eligibility to Issue Tax-Exempt Bonds

On February 22, 2016, the Internal Revenue Service (the “IRS”) released proposed treasury regulations (the “Proposed Regulations” ) to provide guidance as to how the IRS intends to prospectively define a “political subdivision”…more

Comment Period, Control Test, Government Entities, Infrastructure, IRS

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What’s the State of the Tech Industry? Trump Admin’s Repeal Means Broadband Net Providers and Tech Companies Now Face Consumer Privacy Regulations at the State Level

A recent repeal of federal consumer privacy rules has opened the door to potential sharing and use of sensitive, consumer data with only individual state privacy laws standing in the way…more

Broadband, Broadband Privacy Rules, Consumer Privacy Rights, Data Protection, FCC

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What NOT to Wear to your Very First Telehealth Visit

To be candid, the title of this article is not exactly what it is about, but now that I have your attention . . . “Telehealth” means the use of real-time, interactive audio, video telecommunications or electronic technology or…more

Health Care Providers, Telehealth, Telemedicine

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