Butler Snow LLP

Judge Preliminarily Approves Settlement of $10 Million in Target Consumer Data Breach Action

A federal district court judge granted preliminary approval of a $10 million settlement in an action brought by a class of Target patrons who allege injury resulting from a massive data breach in November and December of 2013…more
| Civil Remedies, Consumer Protection, Privacy, Science, Computers, & Technology

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
| Business Organizations, Civil Procedure, Constitutional Law

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
| Civil Procedure, Civil Remedies, Constitutional Law, Personal Injury

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
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Constitutional Law, Taxation

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

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

Big Data Bankruptcy Sale Derailed – RadioShack’s Customer Information Draws Objections

On March 20, 2015, the State of Texas filed an objection to the sale of customer information in the In re RadioShack Corporation, et al., Case No. 15-10197, case pending in Delaware. According to the objection, the customer…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Consumer Protection, Privacy

The Golf Channel Needs a Mulligan

“Mulligan,” in golf parlance, is the opportunity to hit a golf shot, a “do over,” when the previous shot was not quite the one desired by the golfer. The “Mulligan” replaces the previous shot, which then does not count toward…more
| Bankruptcy, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking

The Roof Is On Fire: Trial Court Finds Tennessee Non-Economic Damages Cap Unconstitutional

Just four years ago, the Tennessee legislature passed the Civil Justice Act of 2011, making it the latest in a growing number of states to statutorily cap the maximum amount of non-economic damages available to plaintiffs in…more
| Civil Procedure, Civil Remedies, Constitutional Law, Personal Injury

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
| Civil Procedure, Business Torts, Health, Science, Computers, & Technology, Government Contracting

Eleventh Circuit Scraps Employer’s Defense in FLSA Claim for Overtime Wages

May an employee recover under the Fair Labor Standards Act for unpaid overtime even if it was his own fault that the overtime was unpaid? The Eleventh Circuit recently answered “Yes,” in the case of Bailey v. Titlemax of Ga.,…more
| Civil Procedure, Labor & Employment Law

Supreme Court of GA Affirms Denial of Bond Issue for Lake Oconee Academy

In a 6-to-1 decision, the Supreme Court of Georgia upheld a Greene County Superior Court ruling denying the validation of revenue bonds to build additional facilities for Lake Oconee Academy (the “Academy”) in Greene County (the…more
| Civil Procedure, Education, Finance & Banking

Guard Your Sheep, The Dyre Wolf is Coming

IBM announced this week that it had uncovered a highly-sophisticated scheme to steal funds from medium to large U.S.-based companies. The scheme dubbed “The Dyre Wolf” only targets companies, unlike past schemes which also…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Privacy, Science, Computers, & Technology

Getting Down to Business (Court) in Tennessee

The creation of business courts in the United States began in the early 1990s, but has grown rapidly in the last 10 years. Currently, business courts have been established and are operating in 26 states. On March 16, 2015,…more
| Civil Procedure, Commercial Law & Contracts

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
| Civil Procedure, Commercial Law & Contracts

Sixth Circuit Warns Boards Not to Blow Off Notice of Shareholder Proposals

A recent Sixth Circuit decision indicates that company boards should proceed cautiously in providing notice of shareholder meetings, particularly where a dissident shareholder is expected to offer a resolution. …more
| Business Organizations, Civil Procedure, Business Torts, Securities Law
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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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Number of Attorneys

100+ Attorneys

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