Butler Snow LLP

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
| Civil Procedure, Constitutional Law, Products Liability, Toxic Torts

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
| Finance & Banking, Securities Law

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
| Communications & Media Law, Science, Computers, & Technology

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
| Business Organizations, Civil Procedure, Finance & Banking

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
| Construction Law, Finance & Banking, Government Contracting, Zoning, Planning & Land Use

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
| Elections & Politics, Finance & Banking, International Law & Trade

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
| Civil Procedure, Conflict of Laws, Health, Professional Malpractice

Do Warnings Work?

We observed some while ago that at least some courts have questioned the “heeding presumption,” which presumes that if a manufacturer gave a warning, a consumer would have followed it. The Nevada Supreme Court, for example, in…more
| Civil Procedure, Consumer Protection, Products Liability

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies

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
| Business Organizations, Civil Procedure, Securities Law

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
| Civil Procedure, Civil Remedies, Real Estate - Residential

A New Defense to Nuisance Injunction Actions in Tennessee

After July 1, 2016, under certain limited circumstances, real property owners in Tennessee may abate a nuisance on their property (of which they were unaware), and avoid the harsh effects of an injunction, without intervention…more
| Civil Remedies, Personal Injury, Real Estate - Residential

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
| Civil Procedure, Criminal Law

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
| Commercial Law & Contracts, Criminal Law, Privacy, Science, Computers, & Technology

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
| Commercial Law & Contracts, Labor & Employment Law, Privacy, International Law & Trade, Science, Computers, & Technology
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Contact

1020 Highland Colony Parkway, Ste. 1400
P.O. Box 6010
Ridgeland, Mississippi 39158, United States

  • (601) 985-5711
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100+ Attorneys

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