Butler Snow LLP

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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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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Arbitration Agreements: Make Your Own Rules of Civil Procedure

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly…more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Confidential Information

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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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The Right to Bear… Stun Guns: Second Amendment Protections Expanded?

The State of Massachusetts prohibits the possession of any “portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current impulse, wave or beam is designed to incapacitate…more

Caetano v Massachusetts, MA Supreme Court, SCOTUS, Second Amendment, Stun Guns

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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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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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A New Procedure for Appointing Commissioners to Partition Property in Tennessee

Generally, any person that has an ownership interest in property in which one or more other persons also have an interest may bring an action to divide the property or to sell the property and have the proceeds therefrom…more

Inheritance, Jointly-Owned Property, Petition for Partition, Remedies, Rules of Civil Procedure

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Erin Andrew’s Suit Shows Risks to Businesses from Intentional Tortfeasors

Sportscaster Erin Andrew’s suit against a Nashville Marriott and the stalker who the hotel let check-in to a room next to her has made national headlines. When the jury awarded her a total of $55 million damages, with about $27…more

Comparative Negligence, Hotels, Intentional Torts, Joint and Several Liability, Marriott

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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

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Mississippi Legislature Passes Significant Tax Relief

On April 18, 2016, the Mississippi Legislature passed Senate Bill 2858 and enacted the “Taxpayer Pay Raise Act of 2016.” Lieutenant Governor Tate Reeves describes the Act as the largest tax relief package in Mississippi…more

Corporate Taxes, Franchise Taxes, Governor Bryant, Income Taxes, Self-Employment Tax

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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

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The Tennessee Business Court at One Year

The Tennessee Business Court Davidson County Pilot Project opened on May 1, 2015, pursuant to a March 16, 2015 Tennessee Supreme Court Order. Located in the Davidson County Chancery Court – Part III, the Business Court accepts…more

Business Court Division, TN Supreme Court

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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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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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Back to (Federal) Reality- Tennessee Supreme Court Ruling Modifies Summary Judgment Standard

Since 2008, state courts in Tennessee have decided motions for summary judgment according to the ruling laid out by the Tennessee Supreme Court in Hannan v. Alltel Publishing Co. Unlike the summary judgment standard in federal…more

FRCP 56, Genuine Issue of Material Fact, Summary Judgment, TN Supreme Court

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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 Demand Approach: Fifth Circuit clarifies that arbitration demand, not award, determines amount in controversy

In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act (FAA), the amount of the demand in arbitration…more

Amount in Controversy, Arbitration Awards, Corporate Counsel, Diversity Jurisdiction, Judicial Review

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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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Vanishing premiums part deux?

Those of you with gray hair like me may recall the life insurance vanishing premium lawsuits from the mid-1990s. As a refresher, that flood of lawsuits arose from life insurance policies sold in the 80s (mainly whole or…more

Breach of Contract, Class Action, Conversion, Dividends, Fraud

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Computer Fraud and Abuse Act: Dissent claims that new Ninth Circuit case criminalizes password sharing

Danny Defendant, employed by Acme Widget Co., quits. Acme, of course, disables the password that Danny had used to access the Acme computer system. Danny then asks a friend, who still works at Acme, for her password. She…more

Computer Fraud and Abuse Act (CFAA), Former Employee, Passwords, Unauthorized Access, Work Computer

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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

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Brexit Sending Political and Financial Shockwaves Out

On June 23, 2016, the UK held a referendum, and a slim but sufficient 51.9% majority voted in favor of the UK leaving the European Union. With the change comes some political upheaval as Prime Minister David Cameron announced…more

EU, Financial Markets, Trade Relations, UK, UK Brexit

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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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Planning for the $5-$10 Million Couple: Portability or Credit Shelter?

In 2009, each individual had a $3.5 million estate tax exemption. If a married individual had assets over $3.5 million, without careful planning, those assets in excess of $3.5 million would fall subject to a 45% estate tax. …more

American Taxpayer Relief Act, Credit Shelter Trusts, Estate Planning, Estate Tax, Portability

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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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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

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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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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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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. 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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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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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. 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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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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Second Circuit tells pharmacies the antitrust claims they cooked up need more than a little Morton Salt

Cash & Henderson Drugs, Inc. v. Johnson & Johnson, recently decided by the Second Circuit, concerns Robinson-Patman Act claims that retail pharmacies brought against pharmaceutical manufacturers. The retail pharmacies alleged…more

Antitrust Violations, Manufacturers, Pharmaceutical Industry, Pharmacies, Price Discrimination

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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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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

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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

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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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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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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 Question Remains Unanswered: Tennessee Supreme Court Rules that Ripeness Doctrine Precludes a Decision on the Constitutionality of Tort Reform Until After a Jury Verdict is Rendered

Commonly known as “Tort Reform,” the Tennessee Civil Justice Act of 2011 (the Act”), Tenn. Code Ann. 29-39-101 et seq., limits the amount an injured plaintiff may recover for non-economic damages to a cap of $750,000 (except in…more

Car Accident, Damage Caps, Interlocutory Appeals, Ripeness, Statutory Damages

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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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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, LLC

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Supreme Court Rejects Standing Argument in Spokeo, Inc. v. Robins

On May 16, 2016, the Supreme Court of the United States rejected the standing argument of a “bare procedural violation” advanced by the plaintiff in Spokeo, Inc. v. Robins. The Court reaffirmed that the injury-in-fact…more

Article III, Data Breach, FCRA, Injury-in-Fact, SCOTUS

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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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HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions

A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial…more

Defense Strategies, Discovery, Ex-Parte Communications, Health Care Providers, HIPAA

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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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Is Love All You Need? Supreme Court to Decide Standard for Tipper Liability

In recent weeks amicus curiae briefs have been flooding into the U.S. Supreme Court in the case of Salman v. U.S., an appeal from the Ninth Circuit’s decision in U.S. v. Salman, 792 F.3d 1087 (9th Cir. 2015). The Supreme Court’s…more

Dirks v SEC, Insider Trading, Personal Benefit, Personal Liability, SCOTUS

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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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Planning for the $5-$10 Million Couple: Portability or Credit Shelter?

In 2009, each individual had a $3.5 million estate tax exemption. If a married individual had assets over $3.5 million, without careful planning, those assets in excess of $3.5 million would fall subject to a 45% estate tax. …more

American Taxpayer Relief Act, Credit Shelter Trusts, Estate Planning, Estate Tax, Portability

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Everything Old is New Again: New Sources for Spoliation Sanctions

A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e). In Benefield v. MStreet Entertainment, LLC, 2016 WL 374568 (M.D. Tenn., Feb. 1, 2016), the…more

Corporate Counsel, Electronically Stored Information, Evidence, Motion for Sanctions, Spoliation

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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. 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

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BRING-YOUR-GUN-TO-WORK-DAY? . . . . MAYBE! Swindol v. Aurora Flight Sciences Corporation

Robert Swindol brought his gun to work . . . kind of. He parked his car in the Aurora Flight Services parking lot with his firearm locked inside. Aurora’s mangers learned about the firearm and fired Swindol that day for…more

Appeals, At-Will Employment, Employment Policies, Gun Laws, Guns-in-Trunks Legislation

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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 Tennessee Business Court Tackles Privilege Claims

The Tennessee Business Court has provided additional guidance to commercial litigators concerning internecine legal battles between members of limited liability companies. The Court has determined the fiduciary duties of…more

Attorney-Client Privilege, Breach of Contract, Breach of Duty, Commercial Court, Corporate Privilege

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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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Court Slams DOJ By Dismissing The Majority Of Indictment Against Fedex – Rules The Defense Does Not Have A Duty To Correct DOJ’s Mistakes

In the ambitious and novel federal criminal prosecution of FedEx for alleged drug distribution conspiracy, Judge Charles R. Breyer recently ruled that defense counsel has no duty to correct government’s mistakes when negotiating…more

Criminal Conspiracy, FedEx, Indictments, Prescription Drugs, Statute of Limitations

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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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Federalism and LGBT Rights in North Carolina: Which Sovereign Has the Final Say?

Prior posts on this blog have discussed recent conflicts in Alabama and Mississippi that frame our country’s ongoing efforts to define the scope of federalism. Now, North Carolina has become the newest front in the fight to…more

Civil Rights Act, DOJ, Gender Identity, LGBT, Restroom Legislation

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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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Don’t Mess with Texas — It Might Deny Your Specialty License Plate: A Review of the Supreme Court’s Decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc.

Don’t Mess with Texas — It Might Deny Your Specialty License Plate: A Review of the Supreme Court’s Decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc. The Supreme Court of the United States recently…more

First Amendment, Government Speech Doctrine, SCOTUS, Sons of Confederate Veterans, Special License Plates

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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

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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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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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Everyone Must Get Sued – Really?

In his famous August 13, 1987 opinion granting summary judgment in W.B. Crain v. Cleveland Lodge 1532, Order of Moose, Inc.; in the Circuit Court of Bolivar County, Mississippi, Second Judicial District; No. 7887, then-Circuit…more

Premises Liability, Summary Judgment, Tort Reform

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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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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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Ransomware: Electronic Extortion for a Digital Era

Last month, the FBI asked the American Bar Association to share a cyberalert with its members warning of an increased risk of ransomware. Ransomware poses significant legal and operational risks to businesses. Personnel at all…more

Breach Notification Rule, Cyber Attacks, Cybersecurity, Data Breach, Extortion

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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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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: 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

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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, 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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Mississippi Legislature Passes Significant Tax Relief

On April 18, 2016, the Mississippi Legislature passed Senate Bill 2858 and enacted the “Taxpayer Pay Raise Act of 2016.” Lieutenant Governor Tate Reeves describes the Act as the largest tax relief package in Mississippi…more

Corporate Taxes, Franchise Taxes, Governor Bryant, Income Taxes, Self-Employment Tax

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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

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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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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
  • 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
  • Mississippi
  • New Mexico
  • New York
  • Pennsylvania
  • Tennessee
  • Texas
Other Countries
  • Hong Kong
  • Singapore
  • United Kingdom
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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