Construction Law: The Scope and Limits of a Commercial General Liability Policy
If you are a residential contractor, you know that claims for defective construction are far too common. If faced with such a claim, you likely expect your general liability insurer to defend you....
View ArticleBreach of Contract: The Duty of Good Faith and Fair Dealing in Commercial...
The Tennessee Supreme Court recently addressed an important issue of first impression in Tennessee: whether the implied covenant of good faith and fair dealing applies to a silent consent provision...
View ArticleThe EEOC is Serious about Enforcing Retaliation Claims
On January 21, 2013, I reported on the EEOC’s aggressive Strategic Enforcement Plan for 2013. As noted in my post, one of the 6 major priorities of the plan includes: Preserving Access to the Legal...
View ArticleFDCPA Litigation: The Loser May Be Stuck with Costs
In a recent opinion, the United States Supreme Court reminded litigants that the loser could be stuck with litigation costs. On February 26, 2013, the Supreme Court decided Marx v. General Revenue...
View ArticleIs this Non-Compete Agreement Enforceable?
I am often asked by business clients to prepare non-compete agreements for employees. As you might imagine, many businesses feel more secure knowing that their key employees are restricted from leaving...
View ArticleArbitration: This is Not the Way It’s Supposed Happen
The U.S. Court of Appeals for the Sixth Circuit recently released an opinion with a bizarre set of facts, Thomas Kinkade Co., et al. v. White, et al., 2:09-cv-10757 (6th Cir. Apr. 2, 2013). This case...
View ArticleAre Non-Compete Agreements Binding on Independent Contractors?
Most people think of non-compete agreements as a contract between an employer and an employee. However, this is not the only relationship where covenants not to compete may be valid. There are a number...
View ArticleTennessee’s Trade Secrets Act
In a recent blog post, I outlined the general principles governing the enforceability of non-compete agreements in Tennessee. Many well-drafted non-compete agreements contain provisions protecting the...
View ArticleFifth Circuit Holds that Firing a Nursing Mother for Expressing Breast Milk...
This article was written by Thompson Burton commercial litigation attorney, Melissa Martin Burton. Melissa has represented clients before the Equal Employment Opportunity Commission and in state and...
View ArticleCan My Business Use Background Checks to Screen Candidates?
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently filed race discrimination lawsuits against two large companies for use of pre-employment criminal background checks. On June 11, 2013,...
View ArticleHealth Care Non-Compete Agreements
Introduction As a general rule, courts in Tennessee will enforce non-compete agreements where the restrictions are found to be reasonable. As outlined in my recent blog post, there are a number of...
View ArticleEnforcing Out of State Judgments in Tennessee
The goal of a lawsuit is usually to win and obtain a money judgment against the other party. Unfortunately, a judgment is nothing more than a piece of paper. A judgment creditor does not get “paid”...
View ArticlePiercing the Corporate Veil – Can You Personally Be on the Hook for Your...
If you are a small business owner, chances are you operate your business through a separate entity, such as the popular limited liability company. Indeed, the protection of limited liability is one of...
View ArticleTennessee Court of Appeals Weighs in on Validity of Non-Compete Agreement for...
The Wall Street Journal recently published an article regarding the rise in litigation over non-compete agreements. The article reports that litigation over non-competes has risen 60% in the last...
View ArticlePro Hac Vice Admission In Tennessee
The rules governing pro hac vice admission vary state-by-state and often court-by-court. I am currently admitted pro hac vice in several courts across the country. In addition, from time to time, I...
View ArticleEnforcing International Judgments in Tennessee
In a previous article, I explained the procedures in Tennessee for enforcing a judgment of a court in another state. Since posting that article, I have received several inquiries regarding enforcing a...
View ArticlePiercing the Corporate Veil in Tennessee: What Your Business Clients MUST Know
I have been invited by M. Lee Smith Publishers to present a CLE webinar on piercing the corporate veil in Tennessee. I have previously written about piercing the corporate veil in Tennessee, and I am...
View ArticleCollecting Out of State Judgments in Tennessee: The Narrow Defenses to...
Enforcing Out of State Judgments I recently concluded two matters involving the enrollment of an out of state judgment in Tennessee and thought I would re-visit the process and rules for enrolling an...
View ArticleStatutes of Limitation: How Long Do You Have to File Suit?
The Basics There are definite deadlines for filing a lawsuit. Statutes of limitation are laws that set forth time limits for filing a lawsuit. These laws differ state to state and depend on the type of...
View ArticleTennessee Business Law Conference
I am honored to speak at the Tennessee Business Law Conference presented by the Tennessee Attorneys Memo and M. Lee Smith Publishers. I will be presenting a CLE on piercing the corporate veil in...
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