Butler Snow LLP

Sixth Circuit Upholds Dismissal of Fraud and Contract Claims Against Employer Sponsoring Green Card Application for Employee

In an interesting case situated at the intersection of immigration and contract law, the Sixth Circuit recently affirmed a district court’s dismissal of claims against Dow Corning Corporation stemming from its sponsoring an…more
| Civil Procedure, Labor & Employment Law, Business Torts, Immigration Law, International Law & Trade

Pro Te: Solutio - Vol.9 No.3 – Fall 2016

The Fall 2016 issue of Pro Te is about all things regulatory, including a peek at the newly developing issue of crowdfunding for medical devices. In EMA Guidance on Clinical Data Publication, we discuss recent guidance from…more
| Commercial Law & Contracts, Health, International Law & Trade, Science, Computers, & Technology

S.D.N.Y. Litigators Hit Snooze Button, Magistrate Judge Peck Issues Second “Wake-Up Call” for “Every Litigator”

Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a “wake-up call” to the Bar in his District. It was actually…more
| Civil Procedure, Electronic Discovery

Take It or Leave It

The Tennessee Court of Appeals recently found that a “take or leave it offer” extended by a lender to a borrower experiencing financial difficulty was not duress. SK Food Corp., et al. v. FirstBank, No. M2016-01019-COA-R3-CV,…more
| Civil Procedure, Finance & Banking

Trump Immigration Travel Ban, Revisited

On March 6, 2017, the Trump administration issued a revised Executive Order “travel ban” temporarily suspending visa issuance from six (6) countries – Iran, Yemen, Libya, Sudan, Syria and Somalia. The new Executive Order seeks…more
| Elections & Politics, Immigration Law

Secured Creditor’s Obligations to Dispose of Collateral in Commercially Reasonable Manner Triggered Only Upon Possession

In a recent, well-written opinion, the Tennessee Court of Appeals, Middle Section, WM Capital Partners, LLC v. Thornton, No. M2015-00328-COA-R3-CV, filed January 17, 2017, determined that a secured creditor’s duty to dispose of…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

“Generic,” “Cut-and-Paste” Reservation of Rights Letter Ineffective

Insureds won a round the other day when the South Carolina Supreme Court held that reservation of rights letters, which it characterized as nothing but “generic statements of potential non-coverage coupled with” large portions…more
| Commercial Law & Contracts, Insurance

When Does Preparing to Compete Cross the Line?

An employee or former employee who starts preparing to compete with his employer or former may get tripped up in one of two scenarios: (1) breaching a fiduciary duty of loyalty; or (2) running afoul of a noncompete agreement. …more
| Business Torts, Commercial Law & Contracts, Labor & Employment Law

Bieber, Beer, and… Protective Orders

On February 8, 2017, pop star Justin Bieber was scheduled to be deposed in Santa Monica, California. Lawyers traveled from Nashville to California for the deposition, but upon arrival they were informed Bieber was too ill to…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies

Recent Child Pornography Conviction May Not Be Used to Impeach Injured Truck Driver

The Tennessee Court of Appeals, in Anderson v. Poltorak, No. M2015-02523-COA-R3-CV, filed December 29, 2016, has held that, although the plaintiff’s three (3) convictions for child pornography strictly qualified under Rule 609…more
| Civil Procedure, Personal Injury

No Neutrality Here — Thursday’s FCC Vote Highlights the Enduring Struggle Between Tech Companies and ISPs Over “Net Neutrality”

The tech industry’s divide over “net neutrality” deepened when the FCC voted this past Thursday to suspend key Obama-era net neutrality requirements for broadband internet service providers (“ISPs”). The FCC’s net neutrality…more
| Communications & Media Law, Elections & Politics, Science, Computers, & Technology

Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical…more
| Civil Procedure, Civil Remedies, Products Liability, Science, Computers, & Technology, Toxic Torts

The Supreme Court Clarified Bank Fraud Statute Does Not Require a Defendant to Intend to Defraud a Bank

In December 2016, in a unanimous decision, the Supreme Court held in Shaw v. United States, 137 S.Ct. 462 (2016), that the Bank Fraud statute does not require the government prove the defendant intended to defraud a bank. The…more
| Criminal Law, Finance & Banking

The Curious Evolution of the Executive Order

On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously…more
| Civil Remedies, Civil Rights, Constitutional Law, Elections & Politics, Immigration Law

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While ICE…more
| Criminal Law, Elections & Politics, Immigration Law, Labor & Employment Law
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Contact

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

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