Tennessee Business Litigation

01.11.2018 | by: Thomas K. Potter III

Failure to Supervise Selling Away Arbitrable as “Connected with Business”

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

TN Trust Code Authorizes Pre-Dispute Arbitration Agreement: Not Per Se Breach of Duty, but May Not Bind Non-Signatory Beneficiary

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

Federal District Court: Banks Do Not Owe a Duty of Care to Non-Customers Under Tennessee Law

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

Tennessee’s TDEC & TDA Urges EPA to Adopt the “Tennessee Plan” to Define WOTUS

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

Association of Corporate Counsel: Federal Courts Bring Renewed Scrutiny to Requests to Seal Documents

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

6th Circuit Orders Pay-to-Play Challenge to Merits Panel

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

Tennessee Securities Division Ramps Up Enforcement

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

6th Circuit Joins Majority, Accepting “Materialization of the Risk”

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…

08.1.2016

Is This A Derivative or a Direct Shareholder Claim? New Tennessee Standard Makes it Easier to Tell

In Tennessee, shareholders may file a lawsuit for injuries suffered by the company or by the shareholders individually. A shareholder files a derivative action when…

07.29.2016

Your Confidential Employment Information Is Safe Under Tennessee’s Uniform Fiduciary Access to Digital Assets Act

On July 1, 2016, Tennessee's Revised Uniform Fiduciary Access to Digital Assets Act went into effect. The Act grants fiduciaries authority to access a decedent's…

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