Butler Snow LLP

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

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

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

See All Updates »

False Advertising? Not if Just One Expert Says It’s Not.

The United States Court of Appeals for the Fourth Circuit recently held that “a manufacturer cannot be liable for false advertising so long as at least one qualified expert opines that the representations made are truthful, even…more

Advertising, Expert Testimony, False Advertising, GNC, Manufacturers

See All Updates »

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

See All Updates »

The “American Rule” Prevails: The Supreme Court denies certain fees in bankruptcy cases

In 2005, ASARCO LLC, a copper mining, smelting and refining company, was in financial trouble and filed for Chapter 11 bankruptcy. Relying on §327(a) and §1107(a) of the Bankruptcy Code, ASARCO retained two law firms to provide…more

American Rule, Attorney's Fees, Baker Botts v ASARCO, Chapter 11, Commercial Bankruptcy

See All Updates »

Should Bond Lawyers Care About Chapter 9 of the Bankruptcy Code?

I have been practicing public finance law for almost thirteen years, and during the first half of that period, I never gave Chapter 9 of the Bankruptcy Code much thought, as prior to the financial crisis, municipal bankruptcies…more

Bankruptcy Code, Chapter 9, Detroit, Municipal Bonds, Public Financing

See All Updates »

Pay to Play: §327(a) Professionals Pay their Own Defense Costs in Litigation Challenging Fee Applications

On June 15, 2015, the Supreme Court of the United States made clear that attorneys and other professionals hired under §327(a) of the Bankruptcy Code are not entitled to fees for their time spent litigating a §330(a)(1) fee…more

American Rule, Attorney's Fees, Baker Botts v ASARCO, Bankruptcy Code, Chapter 11

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

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 »

Sixth Circuit Rejects Due Process Clause Challenge to Michigan Foreclosure

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

Privileged No More: Court Finds Attorney-Client Privilege Does Not Survive After “Death” of a Corporation

The attorney-client privilege is one of the most powerful arrows in the quiver of corporate counsel because of the sheer volume of different situations in which it can be used. The privilege comes in handy for corporate…more

Attorney-Client Privilege, Corporate Counsel, Corporate Dissolution, Internal Investigations

See All Updates »

Newton’s Third Law: The Alabama Legislature Supersedes Weeks v. Wyeth and Disallows Innovator Liability in Product Liability Cases

Sir Isaac Newton’s Third Law of Motion states, loosely, that for every action there is an equal and opposite reaction. A force exerted by one body upon another causes an equal reaction by the second body. Want an illustration?…more

AL Supreme Court, Failure To Warn, Generic Drugs, Innovator Liability, Inventors

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

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

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

Insurance Litigation, Property Damage

See All Updates »

Pennsylvania Supreme Court gets a little help from its friends

The Pennsylvania Supreme Court clarified an important liability insurance issue the other day. Mut. Benefit Ins. Co. v. Politsopoulos, 2015 Pa. LEXIS 1126 (Pa. May 26, 2015) (exclusion for liability for injury to “[a]n…more

Amicus Briefs, Employer Liability Issues, Insurance Litigation, Insureds, Liability Insurance

See All Updates »

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 »

BP Reaches Agreement with Gulf States to Pay Historic $18.5 Billion Settlement over Deepwater Horizon

On July 2, 2015, BP reached an agreement in principle with five Gulf States to settle claims against the company arising from the Deepwater Horizon oil spill in 2010. This marks the largest environmental settlement in history,…more

BP, Deepwater Horizon, Gulf Oil Spill, Oil & Gas, Oil Spills

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

See All Updates »

Recent Fair Campaign Practices Act Developments

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

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

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

See All Updates »

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

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

Affidavits, Depositions, Witness Statements

See All Updates »

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

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

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

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

See All Updates »

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

See All Updates »

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

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 »

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

See All Updates »

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 »

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

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

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

See All Updates »

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

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 »

Why the Battle over Artists’ Termination Rights in Sound Recording Copyright Transfers Hasn’t Happened (and Probably Won’t)

January 1, 2013 was a date long-feared by the recording industry. It marked the 35-year anniversary of the effective date of the Copyright Act of 1976, which grants authors of works an absolute right to terminate a transfer of…more

Artists, Authorship, Copyright, Music, Music Industry

See All Updates »

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

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

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

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

See All Updates »

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

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

Business Court Division, Business Disputes, TN Supreme Court

See All Updates »

Less Is More? Not when it comes to director compensation plans and effective shareholder ratification

Companies cannot merely rely upon shareholder approval to obtain protection under the business judgment rule. While the courts in Delaware do frequently apply the standard of waste to claims of breach of fiduciary duty and grant…more

Affirmative Defenses, Board of Directors, Breach of Duty, Burden-Shifting, Business Judgment Rule

See All Updates »

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

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

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

See All Updates »

Data Breach Litigation – Financial Institutions Score Another Shot

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

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

See All Updates »

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)

See All Updates »

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

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

Negligence, Sports, World Wrestling Entertainment Inc, Wrongful Death

See All Updates »

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

See All Updates »

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 »

SMS: Spoliation Made Simple?

Text messages have become an increasingly important and confusing topic in litigation. As a communication tool, text messages are on the rise and are typically seen as less formal and more immediate than even email. Immediacy…more

Discovery, Duty to Preserve, Electronically Stored Information, Mobile Devices, Spoliation

See All Updates »

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

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

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

See All Updates »

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 »

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

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

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

See All Updates »

Becoming a Creditor in a Bankruptcy Case Triggers a Duty to Preserve Documents

A litigator in bankruptcy court is challenged with mastery of a trial lawyer’s skills as well as the developing substantive law, jurisdictional and otherwise, governed by the Bankruptcy Code. Who hasn’t heard of Stern v…more

Affirmative Defenses, Bankruptcy Code, Chapter 11, Chapter 7, Commercial Bankruptcy

See All Updates »

Bloggers Beware! The Admissibility of Blog Entries As Admissions Against Interest

In this day in age, you really can find anything on the Internet. That is the good news and the bad news for attorneys and clients alike. With the popularity of online web logs, or “blogs,” on the rise, odds are that your…more

Admissibility, Admissions, Alimony, Blogs, Divorce

See All Updates »

Free Speech for All . . . Except Judges?

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

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

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

See All Updates »

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

See All Updates »

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

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

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

Encouraging Creative and Innovative Thinking to Achieve Results for Clients

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

Client Retention, Client Services

See All Updates »

Recent Fair Campaign Practices Act Developments

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

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

See All Updates »

Buy One Get One (Discounted) Only Violates The Sherman Act If The Discount For The “Tied” Product Is Below Cost

In a recent opinion, Collins Inkjet Corp. v. Eastman Kodak Co., the Sixth Circuit held that differential pricing in a tying arrangement (i.e., “I will charge you less for printer replacement parts, but only if you buy all of…more

Antitrust Litigation, Antitrust Provisions, Discounts, Kodak, Product Pricing

See All Updates »

Obama Administration’s FY 2016 Budget Includes Potential Tweaks to Airport Funding Mechanisms

The Obama administration’s fiscal year 2016 budget includes approximately $95 billion for a broad array of transportation-related projects. Included in that category of spending are several interesting aviation infrastructure…more

Airports, Aviation Industry, Critical Infrastructure Sectors, Federal Budget, Federal Funding

See All Updates »

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

See All Updates »

Delay of Penalties for Employer Shared Responsibility

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Making Straight the Road: Case Litigation Plans as a Means of Efficiency and Predictability in the Tennessee Business Court

Tennessee’s recently-convened Davidson County Business Court will adjudicate business litigation in Nashville and may hear business cases from around the state with the consent of both parties. The Business Court’s stated goal…more

Affirmative Defenses, Business Court, Business Court Division, Dispute Resolution, Litigation Fees & Costs

See All Updates »

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

See All Updates »

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

See All Updates »

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

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

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

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

See All Updates »

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

See All Updates »

Recent Fair Campaign Practices Act Developments

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

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 »

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

See All Updates »

Recent Fair Campaign Practices Act Developments

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

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

See All Updates »

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
  • Georgia
  • Louisiana
  • Mississippi
  • New Mexico
  • New York
  • Pennsylvania
  • Tennessee
Other Countries
  • 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.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×