Butler Snow LLP

“Face It”- Snapchat, Facebook, and Google Dealing with Suits Over Facial Recognition Technology

Snapchat, the popular “disappearing image” messaging social media corporation, was free to enjoy this past Labor Day weekend due to a voluntary dismissal of a biometric privacy class action. On August 30, 2016, the class filed…more
| Civil Procedure, Communications & Media Law, Privacy, Science, Computers, & Technology

Tennessee Business Court Accepts “Bad Faith Defense” to Dissolution of Dysfunctional LLCs

The Tennessee Business Court, a pilot project (1) (2) (3), has continued dealing with the resolution of business disputes, many of which involve fractious arguments between LLC members. Some disgruntled members pursue damages…more
| Business Organizations, Civil Procedure

The Fifth Circuit Rules Findings from SEC Civil Investigation are Admissible Evidence at Trial

The Fifth Circuit Court of Appeals appears to have handed white collar defendants a new tool for trial. In United States v. Gluk, — F.3d —-, 2016 WL 4150901 (5th Cir. Aug. 4, 2016), the court held that a little-noticed exception…more
| Civil Procedure, Commercial Law & Contracts, Securities Law

Fifth Circuit Reaffirms the “Limited” and “Exceedingly Deferential” Review of Arbitration Decisions

On August 4, 2016, the Fifth Circuit declined a pro se plaintiff’s invitation to reconsider the merits of his claim and instead confirmed the arbitration award against him under the Federal Arbitration Act’s standard of limited…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Labor & Employment Law

Franchisee d/b/a Franchisor’s Trademark: The Fictitious Name Registration

The fictitious name, also known as the d/b/a, doing business as, trade name or assumed name. Every franchisee uses one and, in almost all cases, it’s the franchisor’s trademark. And while it may be considered “fictitious,” the…more
| Franchise Law, Intellectual Property

Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Health, Privacy

The Tennessee Business Court Further Defines LLC Law

The Tennessee Business Court continued its prolific promulgation of rulings affecting the resolution of internecine disputes between LLC members. In Terrell K. Raley, et al. v. Cees Brinkman, et al., Case No. 16-0196-BC, the…more
| Business Organizations, Business Torts, Civil Procedure, Commercial Law & Contracts, Constitutional Law

Owners of Family Controlled Entities Must Act Quickly in Light of New IRS Regulations Attacking Valuation Planning

Chapter 14 of the Internal Revenue Code consists of four Code Sections (Sections 2701 – 2704) designed to close valuation loopholes. Prior to Congress’s enactment of Chapter 14 in 1990, estate planners had a host of tools…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

What NOT to Wear to your Very First Telehealth Visit

To be candid, the title of this article is not exactly what it is about, but now that I have your attention . . . “Telehealth” means the use of real-time, interactive audio, video telecommunications or electronic technology or…more
| Health, Science, Computers, & Technology

Paying for software development? Make sure you own it!

In a digital society dominated by the saying, “there’s an app for that,” copyright protection is essential. Paying to have a work created does not automatically vest ownership of the copyright in the paying party. When making…more
| Commercial Law & Contracts, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Sixth Circuit Nixes TILA Rescission Claim

Two homeowners tried to rescind their home mortgage loan when they weren’t notified that the deed of trust had been assigned. Although this argument may have been a creative way to stave off a foreclosure, it was not persuasive…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking, Real Estate - Residential

A Case for NMTCs in US Territories

Annually, following the release of the New Markets Tax Credit (“NMTC”) Application, the Community Development Financial Institutions (“CDFI”) Fund identifies ten states, plus US territories, that have not received as much NMTC…more
| Commercial Law & Contracts, Finance & Banking, Taxation

The Water in Rio Isn’t the Only Thing to Worry About – So Are Olympic Hashtags

Social media is buzzing with Olympic hashtags, particularly #Rio2016 and #TeamUSA. But the U.S. Olympic Committee (USOC) is cracking down on hashtag use by companies without Olympic sponsorship deals, calling it “ambush…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Communications & Media Law, Intellectual Property

To Hell with Hadden: The Adoption of the Tooley Standard in Tennessee

The Tennessee Supreme Court recently adopted a new standard for determining whether a shareholder claim is direct or derivative. Specifically, in Keller v. Estate of Edward Stephen McRedmond, the Court “set aside the approach…more
| Civil Procedure, Commercial Law & Contracts, Securities Law

Campaign Season Poses Challenges for Local Governments

It is that time of year again… “Election Season.” In addition to candidates on the ballot on a state and national level, many local governments are gearing up to place questions on the ballot with respect to debt issuances…more
| Administrative Law, Elections & Politics
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Contact

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

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Areas of Practice
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