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Consumer Finance Litigation Blog

DOL Fiduciary Rule Re-Makes Retail IRA Advice
by: Thomas Potter, III | Posted on: May 25, 2016

Congress voted this week to de-rail the Department of Labor’s sweeping fiduciary-duty suite of rule-making, but doesn’t have the votes to override the President’s threatened veto. The Rule (over a 1,000 pages in all) imposes a sweeping definition of who owes fiduciary duties to retirement investors in retail IRA, HSA, Roth, Coverdell and other “qualified […]

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Securities Litigation

TN Securities Division Urges Investors to Question Advisors
by: Thomas Potter, III | Posted on: May 27, 2016

In a recent new release, the Tennessee Securities Division urged investors to ask tough questions of their investment advisors, and about their compensation, account arrangements and educational / regulatory history. The May 26 release is here. SEC-registered investment advisors are required to provide the answers to those (and other) questions on their ADV Part 2, […]

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Tennessee Business Litigation Blog

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest
by: John Nefflen | Posted on: May 19, 2016

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A. sec. 47-18-2107, expand the type of breaches which must be reported, and establish a deadline for when notice to affected individuals must be […]

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Telephone Consumer Protection Act

Supreme Court Rules in Spokeo, Requiring “Concrete and Particularized Harm” For Standing
by: Joshua Threadcraft | Posted on: May 17, 2016

Spokeo, Inc. v. Robins, No. 13-1339 (May 16, 2016) In a 6-2 decision authored by Justice Samuel Alito, the United States Supreme Court spoke on the issue of standing when statutory violations are alleged, and its opinion could have profound effects on TCPA litigation. Holding that Article III standing requires a concrete injury even in [...]

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Environmental Law Matters

Coal: Hope in the Face of Pressure?
by: Ron Farley | Posted on: May 2, 2016

The coal industry has experienced substantial economic turmoil over the recent past, including bankruptcies – most recently by Peabody Energy Corporation – but also by Arch Coal, Inc., Walter Energy, Inc., and Patriot Coal Corp. Generally, the industry and associated users of coal, have attributed these problems to the designated “War on Coal,” the fashionable […]

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Noncompete Trade Secrets Law

Better Think Twice About Enforcing A Non-Compete
by: John Paul Nefflen | Posted on: February 26, 2016

Over the last couple of years, there has been an increase in employees striking back against employers trying to enforce non-compete agreements.  In those cases, the employee argues that his former employer has interfered with his new job or business relationships. For example, an employee in Rutherford County, Tennessee sued his former employer for getting […]

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Best Practices Construction Law

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period
by: Matthew DeVries | Posted on: May 27, 2016

I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances.  In the post, I talked about a “past-through-plus” claim based upon the Severin doctrine, which provides a prime contractor cannot sue an owner on behalf of one… Continue Reading

HONORS & ACCOLADES

  • Graduated Magna Cum Laude
  • Florida Super Lawyers “Rising Star,” Business Litigation, Bankruptcy & Creditor/ Debtor Rights (2009-2011)
  • Alabama Super Lawyers Consumer Law 2008 2011 2012
  • Woodruff Scholar
  • Legal Association for Women Students, Emory University School of Law, President