Publications
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Going, Going, Gone: Increased Use of Chapter 11 to Quickly Sell Business AssetsFebruary 5, 2013 | Publications
Increasingly, struggling businesses are opting to use Chapter 11 bankruptcy as a vehicle to sell sub...
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The New Value Exception to the Absolute Priority Rule Is Alive and Well after 203 North LaSalle
February 5, 2013 | Publications
Can the owners of a company retain their equity interests in a Chapter 11 reorganization plan? The...
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Causation: Giving Teeth to the “Substantial Factor” Analysis
January 28, 2013 | Publications
Introduction Manufacturers of dozers, backhoes, forklifts and other similar pieces of equipment are ...
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Location, Location, Location: Understanding How Contract Provisions Can Impact Where Litigation Take...
January 22, 2013 | Blogs
Edwina McDunnough decides to open a baby bo...
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Attorney-Client Privilege in the Corporate Context: Can Corporate Officers Waive the Corporation’s...
December 3, 2012 | Publications
When a corporate entity is sued, it is important for officers and directors to understand the operat...
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An Employer Requiring Counseling Creates New Legal Risk
August 31, 2012 | Publications
Employers should pause before requiring an employee to seek mental health counseling in order to add...
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“Testing the Water before Taking the Swim” – How Participating in Litigation May Const...
August 27, 2012 | Publications
There are plenty of reasons that parties include arbitration clauses in their contracts. But, there ...
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Recognizing Bankruptcy Fraud and Using Experts to Deal With It
August 15, 2012 | Publications
In a perfect world, a debtor’s bankruptcy would involve timely reporting, good faith filings, ...
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The “Ministerial Exception:” Where Employment Law & Religious Autonomy Collide
July 12, 2012 | Publications
At the beginning of this year, religious employers across the country – from book stores and couns...
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The Learned Intermediary Doctrine
May 4, 2012 | Publications
The term “learned intermediary” was coined in a 1966 decision by the Eighth Circuit when the cou...
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Conversations with Clients During Deposition Breaks: Proceed with Caution
March 13, 2012 | Publications
I. Introduction In Tennessee, the attorney-client privilege protects from discovery communications b...
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Class is in Session: Rule 23(a) Requirements for Class Actions
March 13, 2012 | Publications
Rule 23 of the Federal Rules of Civil Procedure governs class actions in federal courts. This articl...