Author: raineykizer

WHAT IS ENOUGH CONSIDERATION TO SUPPORT A CONTRACT? In the case of Lance vs. Alcoa Hotel Hospitality, LLC, the Tennessee Court of Appeals dealt with the issue of what constitutes sufficient consideration to support a contract. In the Lance case, Lance entered into a contract with Alcoa Hotel Hospitality, LLC (“Alcoa”), to sell his 5.47% […]

The partners of RKRB are pleased to announce that Christie Burbank (Chattanooga), Matthew Courtner (Jackson), Chris Frulla (Memphis), and Mark Kinsman (Chattanooga) became partners of RKRB effective January 1, 2020.

E-Verify: Who It Applies To, and What Happens During the Government Shutdown  This article discusses which employers must use E-Verify, and then, what employers should do to verify employment status during the current government shutdown. As of January 1, 2017, private employers with 50 or more employees under the same Federal Employer Identification Number (FEIN) […]

  IN TENNESSEE “AS-IS” WHERE-IS” MEANS WHAT IT SAYS   In the case of Briggs & Stratton Power Products Group, LLC vs. Osram Sylvania, Inc., Et Al, the Court dealt with the interpretation of a commercial lease which described the condition of the leased premises as being in an “AS-IS, WHERE-IS” condition, with all faults […]

New Claim Handling Standards for Tennessee Workers’ Comp Claims Tennessee’s Workers’ Compensation Bureau recently amended its rule on Claims Handling Standards, effective 8/2/18. Below are some highlights from amended Rule 0800-02-.14: Each adjusting entity must now designate a liaison between the entity and the Bureau. The entity must report the liaison’s name and contact information […]

The Opioid Crisis At least three Tennesseans die each day from an opioid-related drug overdose. TN Together Infographic at tn.gov. More opioid prescriptions are written than there are people living in Tennessee. The opioid crisis is a nationwide issue and has prompted a variety of responses from different players. In Tennessee, our Attorney General, Herbert […]

The End of the Obama DOL’s Overtime Rules? As employers well remember, in March 2015 then-President Obama directed the Department of Labor to update and modernize the Fair Labor Standard Act’s overtime regulations. On May 18, 2016, the Obama DOL released its final rule with an effective date of December 1, 2016. Perhaps the most […]

BE SURE TO TAKE CARE OF YOUR FINANCIAL AFFAIRS AFTER A DIVORCE   In the case of Manning v. Manning, the Court of Appeals dealt with the issue of the beneficiary of the deceased ex-husband’s retirement account when he failed to change the beneficiary after a divorce.  In the Manning case, Mr. and Mrs. Manning […]

SHOULD PARENTS SET UP TRUSTS IN THEIR WILLS FOR ADULT CHILDREN?   With the Tennessee Inheritance Tax repealed, and the Federal Estate Tax having an exemption of approximately $5,500,000.00 and allowing a husband and wife to add their exemptions together, the use of trusts in estate planning (that were so prevalent a decade ago for […]

COURSE OF DEALING CAN CHANGE CONTRACT TERMS   In the case of Bull Market vs. Elrafei, the Court held that the terms of a promissory note were modified through course of conduct by the parties when the payee on the note accepted a pattern of late payments.  In the Bull Market case, Bull Market sold […]

How Long Does a Patient Have to Sue a Medical Provider for Alleged Malpractice in Tennessee? Physicians and other medical providers often wonder how much time must go by before a potential malpractice claim is time barred. Statutes of limitations and statutes of repose are set time periods that can preclude a potential claim due […]

COURT RULES ON BENEFICIARY OF LIFE INSURANCE POLICY   In the case of Estate of Charles Lane vs. Courteaux, the Court of Appeals reversed the Trial Court and ruled in favor of a designated beneficiary on an insurance policy.  The facts in the Lane Case were that Mr. and Mrs. Lane were married and had […]

RIGHT OF FIRST REFUSAL – MUST HAVE CONSIDERATION TO BE ENFORCEABLE   In the case of Deatherage v. Hailey, the Court of Appeals found that e-mail correspondence between a Tenant and a rental manager did not rise to the level of having adequate consideration to support a right of first refusal.  In the Deatherage case, […]

LIFE INSURANCE AFTER A DIVORCE Life insurance after a divorce can be tricky.  The case of Hughes v. Hughes dealt with a dispute over proceeds of the Decedent’s Federal Group Life Insurance policy (“FEGLI”) after the Decedent’s divorce from the Plaintiff’s mother.  The Decedent designated his brother as the sole beneficiary of his FEGLI policy […]

The October 2017 issue of the Tennessee Bar Association Labor & Employment Section Connect published an article by Rainey, Kizer, Reviere & Bell, PLC associate, Jennifer Vallor Ivy entitled Does the ADA Require Reassignment Without Competition?  To read the article click here:  http://www.tba.org/node/94970

Click here to read Dale Conder, Jr.’s article “EEOC v. Bass Pro Outdoor World, LLC” in the recent edition of HR Professionals Magazine    http://hrprofessionalsmagazine.com/eeoc-v-bass-pro-outdoor-world-llc/.    

WHAT IS A CONTRACT WILL AND WHAT CONSIDERATION SUPPORTS IT?   In the case of In Re:  Estate of Ina Ruth Brown, the Tennessee Supreme Court dealt with the issue of a contract to make mutual wills and what consideration is necessary to support a contract to make a mutual will.  The facts in the […]

EXCULPATORY CLAUSES CAN PROTECT ENTITY FROM LIABILITY   In the case of Gibson v. YMCA of Middle Tennessee, the Court upheld the validity of an exculpatory clause, or sometimes referred to as a release agreement by a person filling out a Membership Application.  In the YMCA case, Gibson fell and sustained injuries when she tripped […]

WHO HAS STANDING TO CONTEST A WILL?   In the case of the Estate of J. Don Brock, the Court of Appeals discussed in significant detail the category of people who have standing to contest a Will.  The specific facts in the Brock Estate case were that five adult, adopted children of Don Brock contested […]

UNDUE INFLUENCE TO CONTEST A WILL   Many opinions are issued by the Tennessee Court of Appeals on Will contest cases.  In the past, I have been reluctant to write about these cases because they are very fact specific as to the particular parties in that case.  Also, the facts are difficult to describe in […]

Monthly Pay Now Legal in Tennessee Employers wishing to pay their employees monthly will now be allowed to do so under Tennessee law. Effective May 11, 2017, Tennessee amended the Tennessee Wage Payment Act to allow the monthly payment of wages, as opposed to the previous requirement of at least bi-monthly payment. If an employer […]

WHAT IS A FORUM SELECTION CLAUSE AND WHAT DOES IT MEAN?   Many times in sophisticated contracts for commercial transactions and real estate transactions, there will be a forum selection clause.  A forum selection clause provides that in the event of a dispute between the parties, the litigation will be in a certain state and […]

Pending Legislation Would Drastically and Negatively Impact Physicians Facing Medical Malpractice (“Health Care Liability”) Claims in Tennessee   Legislation originally proposed in 2015 and reintroduced in 2016 is back again this year and seeks to transfer medical malpractice (“Health Care Liability”) claims out of the court system and into an administrative patient compensation system. The […]

TN COURT OF APPEALS ADDRESSES DISCRIMINATORY DISCHARGE CLAIM   The Tennessee Court of Appeals recently addressed discriminatory discharge in a noteworthy opinion for employers. In Demastus v. University Health System, Inc., the employee alleged that she was terminated because she was perceived as being a drug addict, while the employer defended on the perception that […]

CAN AN EXECUTOR CONTEST A WILL AFTER HE HAS ADMITTED IT TO PROBATE?   In the case of The Estate of Ellra Donald Bostic, the Decedent (“Donald”) died approximately three months after he executed his Will.  Donald appointed his daughter, June, as the Executor.  June probated the Will approximately one month after Donald died.  Donald […]

KNOW THE POWER OF EXEMPTION STATUTE   In the case of The Bank of Nashville vs. Charles Chipman, the exemption statute exempting IRA’s from execution, TCA §26-2-105(b) allowed a Borrower’s IRA to stay exempt from execution by the Bank of Nashville even though Mr. Chipman committed fraud against the Bank with respect to obtaining a […]

WAS IT A LOAN OR WAS IT A GIFT?   In the case of the Estate of Lana Hopson Reed, the Tennessee Court of Appeals dealt with the issue of whether money that was transferred by parents to a daughter was a loan or a gift.  After the daughter died, an intestate estate was opened, […]

ASSET PROTECTION PLANNING THROUGH LIFE INSURANCE   The case of Estate of James Christopher Sprinkle points out an important aspect of asset protection planning and life insurance.  The facts were that Mr. Sprinkle died owning a $250,000.00 life insurance policy insuring his life. His wife was the beneficiary.  The wife collected the life insurance proceeds […]

CAN YOU CREATE AN ORAL TRUST?   In the case of Meadows vs. Smith, the Tennessee Court of Appeals dealt with the question of whether an express oral trust can be created in Tennessee.  Although the Court of Appeals did not rule specifically whether an oral trust was created in the Meadows case, the Court […]

Click here to read Nathan Shelby & Addie Wilson’s article “What I Meant to Say . . .” in The Journal Spring/Summer Issue: SKM_C654e17060515220

“Where Will It End and When?”  by Dale Conder, Jr.  Click here to read Dale’s article in the June 2017 edition of For The Defense: FTD-Malicious Prosecution and the Constitution(4)

THE IRS GETS PAID BEFORE THE EXECUTOR   In the case of U.S. vs. Spoor, the 11th Circuit United States Court of Appeals held that the special estate tax lien on property under Code Section 6324A is not subject to an executor’s claim for administrative expenses, and therefore the executor’s expenses do not take priority […]

KNOW HOW THE CONTRACT IS SIGNED OR SUFFER THE CONSEQUENCES   Previously, I have written about cases where leases were signed in an inexact manner as to whether it was intended by the parties that an individual would guarantee a lease in his or her personal capacity.  (See Newsletters dated November, 2013 and July, 2015.)  […]

BE THOROUGH AND COMPLETE IN FILLING OUT APPLICATIONS FOR INSURANCE   In the case of Lane v. American General Life & Accident Insurance Co., the Tennessee Court of Appeals denied a claim for life insurance benefits on the grounds that the insured made a material misrepresentation on the life insurance policy application.  In the Lane […]

NEW AMENDMENTS TO TENNESSEE EMPLOYMENT LAWS   With a new year approaching, we also have some new amendments to Tennessee employment laws set to take effect on January 1, 2017.  Below is a summary of new Tennessee laws affecting employers.   E-Verify Program Tennessee employers have had the option of either using the E-Verify Program […]

SEPARATE PROPERTY OR MARITAL PROPERTY IN A DIVORCE   Because divorce is so prevalent in our society, and because I am asked so frequently by clients how to protect assets left to a child in the event the child gets divorced, I continue to scan cases where Tennessee Courts explain separate property vs. marital property.  […]

CONTRACTS CAN BE RESCINDED FOR MUTUAL MISTAKE OF FACT   It is well settled in Tennessee that courts have the power to alter the terms of a written contract where, at the time it was executed, both parties were operating under a mutual mistake of fact or law regarding a basic assumption underlying the bargain.  […]

Temporary Injunction Puts Hold on New DOL Salary Increase Rule   A Texas Federal judge has issued a Temporary Injunction on Federal DOL changes to the Fair Labor Standards Act (FLSA) rules affecting exempt workers paid on salary (primarily those with executive, administrative, and professional duties).  These changes were supposed to become effective on Dec. […]

WHAT IS THE DEFINITION OF “CHILDREN?”   In the case of the Estate of Warren Elrod, the Tennessee Court of Appeals dealt with the issue of the definition of “Children” regarding the decedent’s IRA.  In the IRA Adoption Agreement, the decedent provided that the beneficiary would be his wife, and the contingent beneficiary would be […]

WHAT CONSTITUTES NOTICE TO TERMINATE A CONTRACT In the case of Wright vs. Dixon, the Tennessee Court of Appeals opined on the appropriate notice necessary to terminate a contract with a financing contingency provision set forth therein.  In the Wright case, the Buyer/Plaintiff entered into an agreement to purchase real property.  The contract was contingent […]

Guarantee the Guaranty A recent Tennessee Court of Appeals case, Central Bank v. Wilkes et al., recently addressed the issue of guarantors and liability for pre-existing company debts.  The facts of the case were not disputed.  A commercial loan was provided for a developmental company for $250,000 (“Loan 1”).  The lender later gave another loan […]

Getting Back to the Basics: “Bedside Manner”   According to data recorded by the National Practitioner Data Bank, nearly $4 billion was spent in the United States on medical malpractice payouts in 2015. The national rate of medical malpractice payouts has increased in recent years and in Tennessee, the costs of medical liability remains high.  […]

WHO CONTROLS THE INSCRIPTION ON A HEADSTONE OF A DECEDENT   In the case of The Estate of Teffany Love, originating in Madison County, Tennessee, the Court of Appeals provided clarity on the issue of who controls the inscription on a decedent’s headstone.  The legal authority for the determination of the outcome of the case […]

NEW TENNESSEE CASE MANAGEMENT REGULATIONS TAKE EFFECT IN AUGUST   The Tennessee Department of Labor and Workers’ Comp Bureau has recently adopted new rules on case management procedures in workers’ comp claims.  These rules go into effect on August 29, 2016.  The new rules now put a responsibility on the claimant to cooperate with all […]

GIVE NOTICE TO GUARANTORS OF COLLATERAL SALE   A recent case decided this year by the Tennessee Court of Appeals emphasizes the importance of a Bank providing notice to all involved parties when selling collateral securing its loans upon default.  In the case of Regions Bank v. Thomas, the Court did not allow the Bank […]

TRUSTEES SHOULD KNOW THE PRINCIPLES OF DIVERSIFICATION UNDER THE UNIFORM PRUDENT INVESTOR ACT   Diversification in investing has been a watchword for all investors for a lengthy period of time.  Tennessee has specific statutory provisions dealing with diversification by trustees of a trust.  Specifically, the most pertinent provisions are set out in TCA Section 35-14-105 (a) […]

The Supreme Court gives sponsors of 401(k) plans a wake-up call. The Employee Retirement Income Security Act governs – as its name implies – retirement plans of your employees.  ERISA imposes a duty on fiduciaries to act in the best interest of the plan’s participants.  The term “fiduciary” under ERISA includes plan sponsors and decision […]

PRENUPTIAL AGREEMENT HELD INVALID BECAUSE OF LACK OF ADEQUATE DISCLOSURE   Frequently, I am asked about Prenuptial Agreements, I have clients that want to do them, or I am asked to review Prenuptial Agreements.   One of the critical requirements for a valid Prenuptial Agreement is that the parties make a full and fair disclosure of […]

WHEN IS A CONTRACT TOO VAGUE TO BE ENFORCEABLE?   In the case of Keltner v. Estate of Mary Lois Simpkins, the Court of Appeals found a contract was not enforceable because it was too vague.  In effect, the Court found that a future agreement to agree is not an enforceable contract.   The facts […]

A HISTORY LESSON FEDERAL ESTATE TAX TURNS 100 YEARS OLD   A few weeks ago, The Wall Street Journal published an article explaining the history of the Federal Estate Tax based on the fact that it turns 100 years old this year. In 1916, as World War I raged in Europe, Congress wanted to boost […]

KNOW THE FRAUDULENT CONVEYANCE LAWS TO PROTECT YOUR INTERESTS In the case of State Bank of Reeseville v. Shea, the Tennessee Court of Appeals dealt with the issue of Tennessee Statutes dealing with exempt life insurance proceeds.  The State Bank of Reeseville, a Wisconsin bank (“Bank”), made a loan to Reeseville 16, LLC (the “LLC”) […]

NEW CASE ON PIERCING THE CORPORATE VEIL   Asset protection planning is important in business transactions as well as day to day operations of a business.  The Tennessee Court of Appeals issued a recent opinion providing a checklist of the factors Tennessee courts consider in piercing the corporate veil.  I have written about piercing the […]

THE MANNER IN WHICH PROPERTY IS TITLED IS VERY IMPORTANT   In the case of Bryant v. Bryant, the issue came up as to the effect of how real property was titled and on a subsequent transfer by one of the co-owners.  In the Bryant case, Mrs. Bryant transferred property she owned to herself and […]

E-Verify Work Authorization Program To Become Mandatory in Tennessee   Beginning January 1, 2017, the E-Verify program to investigate work authorization status becomes mandatory for private employers in Tennessee with 50 or more employees.  Until now, the E-Verify program has been voluntary so long as employer maintained appropriate documents confirming employees were authorized to work.  […]

COURT REJECTS GUARANTORS DEFENSE BASED ON VIOLATIONOF THE TENNESSEE CONSUMER PROTECTION ACT The Tennessee Court of Appeals in the case of SecurAmerica Business Credit v. Southland Transportation Company, LLC, in its ruling from January, 2016, has rejected the defense of the guarantors of a business line of credit based upon the lender’s alleged violation of […]

VALUATION OF A PROFESSIONAL PRACTICE   In the case of Lunn v. Lunn, a divorce case, the Court dealt with the issue of valuing the husband’s dental practice. Specifically the court dealt with the “enterprise goodwill” of the practice and how it should be valued.  The husband operated a dental practice as a sole practitioner.  […]

WHAT DOES IT MEAN FOR CONSENT NOT TO BE UNREASONABLY WITHHELD OR DELAYED FOR AN ASSIGNMENT OF A LEASE?   Many leases have a provision that prohibit assignment of the lease by the Tenant without the consent of the Landlord, but that the Landlord’s consent would “not be unreasonably withheld or delayed.”  What constitutes unreasonably withholding […]

COURT OF APPEALS ESTABLISHES STANDARD FOR EXECUTOR’S FEES   In the Estate of Marie Anderson Young, the Court of Appeals set forth the procedures, guidelines, and standards a Probate Court should use in establishing Executor’s fees.  In the Young Estate, the value of the assets were relatively small.  The Bureau of TennCare filed a claim […]

GIFT TAX RETURNS REQUIRE ADEQUATE DISCLOSURES OF THE GIFTS OR THE THREE YEAR STATUTE OF LIMITATIONS FOR THE IRS TO AUDIT THE RETURN NEVER BEGINS   Recently, the IRS issued a Legal Advice regarding the requirements for adequate disclosure on a Gift Tax Return.  For individuals in 2015 who made gifts in excess of $14,000.00 […]

RETALIATION CLAIMS:  PROPOSED NEW EEOC GUIDANCE   The EEOC has proposed updated guidance about what may indicate retaliation against an employee.  After a period for public comment this spring, the EEOC will consider revisions to the proposed guidance and then issue a final draft.  The new guidance proposal comes in the wake of an upward […]

Collateral Seizure – Is Your Collateral Safe? Consider the following hypothetical: Archie decides to purchase a new vehicle for his son Peyton.  Recently, Peyton won the “big game” in his local football league and Archie wanted to reward him.  So, Archie goes to All American Bank to secure a loan for a new truck. The […]

For PDF copy of the newsletter please click here:  Newsletter – Winter 2015

AS IS, WHERE IS MEANS WHAT IT SAYS      In the case of Pritchett v. Comas Montgomery Realty & Auction Co., the court dealt with the interpretation of advertising and contracts related to an auction sale.  Comas Montgomery Realty & Auction Co. (“Comas”) conducted an auction of a commercial building.  Pritchett (the “Plaintiff”) attended […]

Click here for pdf copy of newsletter:  October Banking Law Alert THE NEW “ABLE” ACCOUNT      Congress has passed legislation allowing the establishment of bank accounts called ABLE (Achieving a Better Life Experience) accounts. These accounts are designed to create easier ways for individuals with disabilities to create tax-free savings accounts. The ABLE accounts allow […]

WHO HAS LIABILITY WHEN A TREE FALLS?      Who has liability when a tree falls?  The answer depends upon certain facts.  Although this newsletter is devoted to commercial transactions, it is always important for individuals to realize when they may have personal liability.  A key part of business transactions has always been asset protection […]

WHAT IS AN EXCULPATORY CLAUSE AND ARE THEY VALID?      An exculpatory clause is a provision is a contract where one party attempts to limit or remove its liability for events occurring to the other party.  In the case of Stewart v. Chalet Village Properties, the Tennessee Court of Appeals ruled that an exculpatory […]

THE NEW “ABLE” ACCOUNT      Congress has passed legislation allowing the establishment of bank accounts called ABLE (Achieving a Better Life Experience) accounts. These accounts are designed to create easier ways for individuals with disabilities to create tax-free savings accounts.  The ABLE accounts allow contributions by any person, including the account beneficiary (who is […]

ANOTHER CASE DEALING WITH CLAIMS FILED AGAINST AN ESTATE      In my letter of March, 2015, I advised of some of the pitfalls associated with filing a claim against an estate and how the claim may be disallowed by the Court.  In the case of Estate of Lois Whitten, the Court reached an opposite […]

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For PDF version of newsletter, please click here:  July 2015 Business Transaction Newsletter CONTRACTS NEED TO BE SIGNED IN THE APPROPRIATE CAPACITY WITH INTENTIONALITY      Cases continue to be reported by Tennessee Appellate Courts with disputes over how parties sign the contract and in what capacity.  Such was the issue in Wise Northshore Properties […]

For PDF version of newsletter, please click here:  May 2015 Business Transaction Newsletter DO YOUR DUE DILIGENCE OR FACE THE CONSEQUENCES      In the case of Abdulsayed v. Hand, the Court dealt with the issue of a lawsuit where the Buyer of a convenience store sought an action for recession of the contract based […]

For PDF version of Newsletter plese click here:  March 2015 Business Transaction Newsletter FORMING A PARTNERSHIP IN TENNESSEE      In the case of Meadows v. Harrison, the Court dealt with the issue of whether Meadows and King had formed a partnership.  Meadows and King ordered a form document from E-Z Legal Forms, Inc. and […]

For PDF copy of newsletter click here:  January 2015 Business Transaction Newsletter PREMISES LIABILITY IS AN ISSUE FOR EVERYONE      Although this newsletter usually is focused on commercial transactions, premises liability is a factor everyone needs to consider, business owners, homeowners, homeowners associations, and even real estate management companies.  The case of Weaver v. […]

For pdf copy please click here BANKING LAW ALERT  

For PDF copy of the Banking Law Alert, click here BANKING LAW ALERT Dec2014

To view a PDF version of the newsletter, click here.  December 2014 Estate Planning Newsletter  

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For a link to the PDF version of the Newsletter click here November Commercial Law Newsletter COURSE OF DEALING AFTER SIGNED CONTRACT CAN CHANGE THE CONTRACT In the case of University Corporation v. Wring, the Court held that the parties’ course of conduct after a written agreement modified their written agreement. The facts in the Wring […]

NEW REQUIREMENTS FOR NOTARIES    Effective October 1, 2014, the Tennessee Legislature amended the statutory provisions for notaries. Now, Tennessee notaries are required to keep a record in a well-bound book of their services. Prior to the amendment, a notary was not obligated to keep any record of the items that they notarized.   The […]

For a PDF version of this newsletter, click the link:  What Do You Do After Closing If You Find Out The Deal Was Wrong_

For a PDF version of this document, click the link:   2014 Summer Employment Newsletter

  INHERITED IRA’S ARE SUBJECT TO CREDITORS’ CLAIMS   The United States Supreme Court has ruled in Clark v. Rameker that inherited IRA’s do not qualify for an exemption from the bankruptcy estate for debtors in bankruptcy.  Therefore, inherited IRA’s are not protected from creditors in a bankruptcy proceeding.   The facts in the Clark […]

DIVORCE LAW CAN IMPACT ESTATE PLANNING AND PROBATE LAW   In the case of the Estate of Danny Keith Ellis, the Court dealt with the effect of a Marital Dissolution Agreement on jointly titled bank accounts between divorced spouses.  The facts were that Mr. Ellis (the “Husband”) and his Wife divorced and entered into a […]

  ADMINISTRATOR FOR ESTATE HELD LIABLE FOR DECEDENT’S UNPAID INCOME TAXES   In a recent United States District Court Opinion from Maryland, US v. Shriner, the Court held that the Administrator of an Estate was personally liable for the unpaid income taxes of the decedent.  Although the Administrator claimed that he did not have actual […]

  For a PDF Version of this document click the link:   BANKING LAW NEWSLETTER August 2014   IS YOUR COLLATERAL INSURED?   In the case of PacTech vs. Auto Owners Insurance Co., the insured (“PacTech”) and the insured’s lienholder (Mr. Black, who had made loans to PacTech secured by machinery and equipment) filed suit to […]

Will Bell Newsletter 073014   ( click this link for a downloadable PDF version )   WHAT CONSTITUTES CONSIDERATION TO SUPPORT A CONTRACT   Every contract must be supported by consideration in order to be enforceable. The majority of the time, consideration is not an issue. However, the issue of consideration to support a contract arose […]

For a PDF Version click the link:  June 2014 Banking News Alert Newsletter   Use of Electronic Signatures on Bank Loan Documents Introduction The federal Electronic Signatures in Global and National Commerce Act (“E-Sign Act”) and Tennessee’s Uniform Electronic Transactions Act (“UETA”) broadly validate the legality and enforceability of electronic records and signatures in most […]

Click here for the PDF Version:    BANKING LAW NEWSLETTER April 2014   HOW DO YOU DETERMINE IF AN ENTITY IS IN GOOD STANDING?    As many of us become technologically savvy, we are becoming ever more reliant on the internet to do business. A common practice to determine if your borrower or guarantor entity […]

Employment Law Alert Newsletter – Feb 2014   ( Click here to download a PDF version )    

2014 Banking Newsletter 022814   ( Click here for a PDF download version ) MORTGAGE SERVICE OPERATIONS  Two sets of regulations implementing the mortgage servicing provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (collectively the “Rule”) took effect on January 10, 2014. The Rule significantly alters mortgage servicing operations by requiring banks servicing […]

Be Cautious With Use of Liquidated Damages   In many contracts, the parties do not want the time and expense of litigating the element of damages for nonperformance by one party or the other. The case of Bachour vs. Mason illustrates an example of where the Court did not enforce a liquidated damages provision in a contract. […]

 “Misconduct” expanded for Unemployment Benefits cases   Tennessee has recently expanded the definition of “misconduct” disqualifying persons from receiving unemployment benefits.  As of July 1, 2013, “misconduct” now includes any conduct constituting a criminal offense for which the claimant has been convicted or charged that: involves dishonesty arising out of the claimant’s employment or was […]

The Great Outdoors:   A Review of Tennessee’s “Recreational Use” Statute   We in Tennessee know our state has an abundance of beautiful land to enjoy.  We also know that any outdoor excursion comes with the risk of injury or an accident.  But not many may know Tennessee has a “recreational use” statute that could offer […]

 Tennessee Legislature Further Limits Joint and Several Liability   This summer, the Tennessee Legislature further cemented the position that joint and several liability is abolished in almost all circumstances in Tennessee.  This occurred through enacting a new statute (Tenn. Code Ann. § 29-11-107) and overruling at least two Tennessee Supreme Court cases.  Those cases allowed […]

SUPERVISION OF NURSE PRACTITIONERS AND PHYSICIAN ASSISTANTS:   WRITTEN PROTOCOLS   Utilization of advanced practice nurses and physician assistants in clinics, assisted living facilities, and hospital settings is increasing.  If you are practicing as a mid-level provider or serving as a supervising physician, then it is imperative that you know and comply with Tennessee’s Rules and […]

Major provisions of the Affordable Care Act (ACA) that could impact your business will go in effect January 1, 2014. Rainey Kizer attorneys Geoffrey A. Lindley and Matthew R. Courtner answer important questions related to the ACA (also referred to as “Obamacare”) in this article appearing the HR Professionals magazine. A link to the magazine article:  […]