Tennessee Business Litigation
11.11.2020 | by:
Jonathan H. Nason
On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement…
04.27.2020 | by:
Thomas K. Potter III
The United States District Court for the District of Maryland held there is no implied private cause of action under the CARES Act, denying a…
01.11.2018 | by:
Thomas K. Potter III
The Sixth Circuit recently affirmed that failure-to-supervise claims against a brokerage firm over outside business activities it knew nothing about nevertheless were arbitrable under FINRA…
10.27.2017 | by:
Thomas K. Potter III
The Tennessee Supreme Court recently held that Tennessee's Trust Code and broad trust-instruments authorize a Trustee's execution of a pre-dispute arbitration clause. That isn't a…
10.25.2017 | by:
Zachary D. Miller
In Belle Meade Title & Escrow Corp. v. Fifth Third Bank, et al., No. 3:17-cv-874, ECF No. 26, --- WL ---- (M.D. Tenn. Oct. 17,…
06.27.2017 | by:
William L. Penny
The commissioners of the Tennessee Department of Environment and Conservation (TDEC) and the Tennessee Department of Agriculture (TDA) recently responded to EPA Administrator Scott Pruitt's…
05.10.2017 | by:
Kenneth M. Bryant
Corporate litigants often request to file data, documents, and even entire cases under seal. Some judges routinely acquiesce to these requests if the other side…
10.7.2016 | by:
Thomas K. Potter III
The Sixth Circuit this week declined the SEC's request to dismiss a Constitutional challenge to the new MSRB pay-to-play rules. Instead, the Court ordered the…
09.12.2016 | by:
Thomas K. Potter III
The Securities Division of Tennessee's Department of Commerce and Industry has increased its enforcement activity during 2016. The recent actions include: Final Administrative Orders: Clifton…
08.1.2016 | by:
Thomas K. Potter III
Last month, the 6th Circuit joined the majority view recognizing the "materialization of the risk" theory of loss-causation as an alternative to "corrective-disclosure" in securities…