Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated
The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are…
Tennessee Business Litigation
Supreme Court Reaffirms Arbitration Class-Waivers
The Supreme Court Monday re-affirmed the enforceability of class-waivers in arbitration agreements. The five-justice majority felt the need to rebuke the California courts for trying…
VW Scandal Bears Out Emphasis on “Culture of Compliance”
Last week, VW blamed its "culture" for allowing "individual misconduct" that lead to the emissions-testing-evasion scandal engulfing the company. It reminded me of a couple…
Tenn. S. Ct. Examines Jurisdiction Over Non-Resident Defendants
The Tennessee Supreme Court released a December 14 decision reviewing personal jurisdiction over non-resident defendants. First Community Bank, NA v. First Tennessee Bank, NA, No.…
Why You May Be Responsible for Injuries Suffered by a Non-Customer
If you have ever been involved in a personal injury case, you probably heard the word "duty" or the phrase "duty of care" used a…
Whistleblower Standing Split in Circuits & TN Federal Courts
There's a developing circuit split over whistleblower standing for retaliation claims. A decision this week extended that split to U.S. district courts within Tennessee, too.…
DOJ Unveils “Yates Memo” Revisions to US Attorneys’ Manual
Speaking to a November 16 Money Laundering conference jointly sponsored by the American Banking and Bar Associations, Deputy AG Sally Yates unveiled revisions to the…
Tennessee Securities Division Expands Exam Program
The Tennessee Securities Division, Department of Commerce and Insurance (Julie Mix McPeak, Comm'r) recently confirmed its launch of a comprehensive three-year cycle examination program covering…
The Drones are Under Attack
Those who know me know that I love gadgets. Most of the time, I imagine I have a need that the newest toy will fix,…
Arbitration Clauses Under Attack – Do They Harm Consumers?
Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes…