Butler Snow LLP

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts

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
| Business Torts, Commercial Law & Contracts, Insurance, Personal Injury

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
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Taxation

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
| Civil Procedure, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

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
| Wills, Trusts, & Estate Planning

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, Elections & Politics

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
| Civil Procedure, Constitutional Law

Dot Your i’s and Cross Your t’s Before Service: It Could Be Worth $2.5 Million

When De Gazelle Group, Inc. sought to use FedEx for service of process of a Saudi Arabian company, Tamaz Trading Establishment, it reliably arrived at the Saudi Arabian post office. In fact, a Tamaz agent, seeking legal…more
| Civil Procedure, Civil Remedies, International Law & Trade

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
| Civil Procedure, Commercial Law & Contracts

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
| Taxation

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
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Taxation

Data Breach Suit Covered Under CGL Policy

Earlier this month in an unpublished opinion, the Fourth Circuit Court of Appeals found that Travelers Indemnity Company of America (“Travelers”) had a duty to defend its insured against a data breach suit under the terms of its…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Privacy, Insurance

Capturing Flagg: Fifth Circuit, En Banc, Holds that Failure to Complete Pre-suit Medical Board Review Renders Med Mal Defendants Improperly Joined

We previously wrote about the Fifth Circuit’s panel decision and the defendants’ petition for rehearing en banc in this case. As we reported earlier, the issue is whether a non-diverse defendant is improperly joined by…more
| Administrative Law, Civil Procedure, Health, Professional Malpractice

Passing on Healthcare Liability Claims Against Passive Investors in Tennessee

Tennessee recently enacted a law that limits who may be named as a defendant in a healthcare liability action. For causes arising on or after April 24, 2015, a healthcare liability action may only be brought “against the…more
| Civil Procedure, Elections & Politics, Finance & Banking, Health

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
| Civil Procedure, Civil Remedies, Personal Injury
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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
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Locations
Other U.S. Locations
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Other Countries
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Number of Attorneys

100+ Attorneys

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