What Is In Store For Employers Under The EEOC’s Proposed Enforcement Guidance?

Background In 2017, the EEOC proposed guidance updates for workplace harassment. These proposed guidelines were never finalized. Since 2017, the  workplace has seen a lot of changes. And the 2023 proposed updates are written to address changes such as the #MeToo movement or virtual harassment, and the Supreme Court of the United States’ opinion in […]

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RKRB Lawyers Recognized as 2023 Mid-South Super Lawyers®

Rainey, Kizer, Reviere & Bell, PLC is proud to announce that eight lawyers have been recognized in 2023 MID-SOUTH SUPER LAWYERS®! Russell Reviere (Civil Litigation: Defense), Will Bell (Business/Corporate), Marty Phillips (Personal Injury Medical Malpractice: Defense), Brad Box (Insurance Coverage), Amanda Waddell (Personal Injury Medical Malpractice: Defense), John Alexander (Personal Injury Medical Malpractice: Defense), Matthew Courtner (Employment & Labor), and Hugh Francis (Professional Liability: Defense). Reviere and Phillips ranked top of the list […]

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Firm Announces Three New Partners

Rainey, Kizer, Reviere & Bell, PLC is pleased to announce that Daniel E. King (Jackson), Bailey (Box) Walden (Memphis), and Jordan Gibson (Nashville) have been named as Members of the Firm. Daniel’s practice focuses on tort and insurance defense. Daniel represents insurers, insureds, and self-insured entities in litigation arising from auto accidents, tractor-trailer accidents, and […]

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Firm Welcomes Attorney Daniel A. Gagliano

Rainey, Kizer, Reviere & Bell, PLC is pleased to welcome Daniel A. Gagliano to its Nashville office! A member of our Tort Litigation Practice, Daniel brings a wealth of experience to the Firm practicing 23 years focusing primarily in the area of insurance defense. Daniel is a graduate of Vanderbilt University where he received a […]

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Rainey, Kizer, Reviere & Bell, PLC Recognized in 2024 Best Law Firms® Ranked by Best Lawyers

Best Law Firms® Independent Rankings Highlight Top Firms in the Industry Today and Key Trends Driving Successful Firms Toward the Future Rainey, Kizer, Reviere & Bell, PLC is honored to be recognized as a 2024 Best Law Firm in the following 12 practice areas: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization law Commercial Litigation Employment Law – […]

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New Associate Attorneys Join RKRB

Rainey, Kizer, Reviere & Bell, PLC is pleased to welcome Daniel T. Ginn (Jackson Office), Lucas M. Rogers (Chattanooga Office), and Nakota G. Wood (Jackson Office)! Daniel, a member of our Tort Litigation Practice and Associate in Jackson, graduated Magna Cum Laude from the University of Mississippi School of Law where he served as an […]

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U.S. Citizenship and Immigration Services releases newest version of Form I-9

On August 1, 2023, the U.S. Citizenship and Immigration Services released the newest version of the Form I-9 for employers to use.  Employers may use the now former version of the form I-9 through October 31, 2023. However, after October 31, 2023, employers must use  the newest version of the Form I-9. The newest version […]

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IS THIS THE BEGINNING OF THE END? New Efforts to Limit Non-Compete Agreements

Over the years, non-compete agreements have become a common fixture in employment relationships. Until recently, the legal principles controlling the use of non-compete agreements was governed by state law. “For example, in Tennessee, although disfavored as a “restraint on trade,” courts generally enforce non-compete agreements so long as the terms “are reasonable under the particular […]

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FACING THE MUSIC: IS EQUAL OPPORTUNITY HARASSMENT IN THE WORKPLACE ILLEGAL?

[A]n employer cannot evade liability by cultivating a workplace that is broadly hostile and offensive. Sharp v. S&S Activewear, LLC, 69 F.4th 974, 982 (9th Cir. 2023) Hostile Work Environment The phrase “hostile work environment” is a legal term of art denoting a particular type of legal claim – one where an employee is subjected […]

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ESTATE PLANNING NEWSLETTER – WHO HAS THE RIGHT TO DISPOSE OF A DECEDENT’S REMAINS?

In the Estate of Nathleen Skinner, the court dealt with an interesting set of facts on disposition of human remains. Mr. and Mrs. Skinner both executed Durable Powers of Attorney for Healthcare. Each Power of Attorney authorized the attorney-in-fact to direct the disposition of the grantor’s remains pursuant to Tennessee Code Annotated Title 68, Chapter […]

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ESTATE PLANNING NEWSLETTER – BE CAREFUL WHO YOU MAKE THE TRUSTEE

In the case of Reed vs. Reed, the Court had to interpret and construe a Trust Agreement to determine the extent of the power of the Trustee,  who was the Decedent’s surviving spouse. Husband died and in his Will he designated his wife as Executor. He devised the residue of his  estate to the Trustee […]

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ESTATE PLANNING NEWSLETTER – BE DILIGENT AND PRUDENT IN CHANGING BENEFICIARIES OF LIFE INSURANCE POLICIES

In the case of Globe Life and Accident Insurance Company vs. Nicholson and Oliver, the court dealt with the issue of the beneficiary of a life  insurance policy after Mr. Nicholson passed away. In April 2000, Globe Life and Accident Insurance Company (“Globe”) issued a $10,000.00 term life insurance policy to James Nicholson. The beneficiary […]

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Autism Spectrum Disorder and the ADA: New Conversations for Employers to Consider

By James V. Thompson, Partner Rainey, Kizer, Reviere & Bell, PLC A recent lawsuit filed by the EEOC against Otis Elevator Company alleges violations of and retaliation claims under the Americans with  Disabilities Act (“ADA”) against a former employee based on Autism Spectrum Disorder (“ASD”) and attention-deficit/hyperactivity disorder  (“ADHD”) impairments. U.S. EEOC v. Otis Worldwide […]

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You Have To Have A Dog In The Hunt

In meeting with clients to discuss estate planning, I always explain that a person’s Will disposes of only a portion of the persons assets.  Jointly owned assets with another person with right of survivorship would pass by contract to the survivor. Also, there are many assets that  pass through beneficiary designation, such as IRA’s, 401k […]

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Preparing for the unthinkable – Active Shooter

The state of Tennessee remains stunned by the horrific, senseless shootings and resulting deaths of six innocent victims at Covenant School  in Nashville. An active shooter situation is a nightmare, for any organization. FBI statistics reveal that active shooter incidents are on the rise in the U.S. (The FBI defines an active shooter as one […]

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The Compelled-Speech Doctrine Can the Government Tell You What to Say?

The First Amendment prohibits the government from making any “law . . . abridging the freedom of speech . . . .” U.S. Const. amend I. The free-speech clause also prohibits the government from compelling speech. In other words, the government cannot tell you what to say.  Rumsfeld v. Foundation for Academic and Institutional Rights, […]

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Speak Out Now Act: What is it, and what does it mean for employers?

President Joe Biden signed the Speak Out Now Act into law on December 7, 2022. The Act comes as an offshoot of the #MeToo movement and was spearheaded by the #MeToo movement’s leaders Gretchen Carlson and Julie Roginsky. As part of its reasoning for passing the Speak Out Now Act, Congress found that “81% of […]

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Cases of Interest from the U.S. Sixth Circuit

By Dale Conder, Jr. Laborers’ Int’l Union, Local 860 v. Neff, 29 F.4th 325 (6th Cir. 2022) Ohio juvenile court and its employees’ union tried negotiating a new contract. When the parties could not reach an agreement, the union sued the juvenile court. Because Ohio juvenile courts are an arm of the state, the court […]

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Religious Exercise in the Workplace

Religious Exercise in the Workplace The First Amendment provides, in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . .” U.S. Const. amend I. Courts refer to these three clauses as “the establishment clause,” “the free exercise clause,” […]

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Business Transaction Newsletter – March 2021

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% […]

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RKRB announces new partners.

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.

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Employment Law Alert – Winter 2019

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) […]

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Business Transaction Newsletter – September 2018

  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 […]

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Employment Law Alert – Summer 2018

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 […]

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Medical Malpractice Newsletter – Summer 2018

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 […]

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Employment Law Alert – Spring 2018

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 […]

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Estate Planning Newsletter – December 2017

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 […]

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Estate Planning Newsletter – November 2017

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 […]

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Business Transaction Newsletter – November of 2017

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 […]

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Medical Malpractice Newsletter – Fall/Winter 2017 Issue

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 […]

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Estate Planning Newsletter – October 16, 2017

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 […]

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Business Transaction Newsletter – September 2017

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, […]

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Estate Planning Newsletter – September 15, 2017

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 […]

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Does the ADA Require Reassignment Without Competition?

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

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EEOC v. Bass Pro Outdoor World, LLC Article

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/.    

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Estate Planning Newsletter – August 2017

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 […]

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Business Transaction Newsletters – July 2017

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 […]

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Estate Planning Newsletter – July 2017

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 […]

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Estate Planning Newsletter – June 2017

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 […]

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Employment Law Alert – Summer 2017

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 […]

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Business Transaction Newsletter – May 2017

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 […]

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Medical Malpractice Newsletter – Spring 2017

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 […]

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Employment Law Alert – Spring 2017

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 […]

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Estate Planning Newsletter – April 2017

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 […]

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Business Transaction Newsletter – March 2017

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 […]

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Estate Planning Newsletter – March 2017

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, […]

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Estate Planning Newsletter – Feburary 2017

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 […]

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Estate Planning Newsletter – May 2017

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 […]

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What I Meant to Say . . .

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

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Malicious Prosecution and the Constitution

“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)

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Estate Planning Newsletter – January 2017

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 […]

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Business Transaction Newsletter – January 2017

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.)  […]

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Estate Planning Newsletter – December 2016

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 […]

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Employment Law Alert – December 2016

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 […]

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Estate Planning Newsletter – November 2016

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.  […]

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Business Transaction Newsletter – November 2016

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.  […]

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Employment Law Alert – November 2016

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. […]

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Estate Planning Newsletter – October 2016

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 […]

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Business Transaction Newsletter – September 2016

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 […]

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Banking Law Alert – October 2016

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 […]

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Medical Malpractice Newsletter – Fall 2016 Issue

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.  […]

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Estate Planning Newsletter – September 2016

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 […]

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Employment Law Alert – August 2016 Issue

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 […]

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Banking Law Alert – August 2016 Edition

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 […]

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Estate Planning Newsletter – August 2016 Edition

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) […]

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ERISA Lessons Learned from Tibble v. Edison

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 […]

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Estate Planning Newsletter – July 2016 Edition

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 […]

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Business Transaction Newsletter – July 2016 Edition

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 […]

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Estate Planning Newsletter – June 2016 Edition

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 […]

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Banking Law Alert – June 2016 Edition

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”) […]

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Business Transaction Newsletter – May 2016

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 […]

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Estate Planning Newsletter – May 2016

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 […]

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Employment Law Alert – Summer 2016 Issue

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.  […]

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Banking Law Alert – April 2016 Issue

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 […]

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Estate Planning Newsletter – April 2016

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.  […]

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Commercial Transaction Newsletter – March 2016 Issue

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 […]

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Estate Planning Newsletter – March 2016 Issue

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 […]

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Estate Planning Newsletter – February 2016

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 […]

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EMPLOYMENT LAW ALERT – Spring 2016 Issue

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 […]

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Banking Law Alert – February 2016 Issue

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 […]

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Commercial Transaction Newsletter – January 2016

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 […]

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October 2015 Banking Law Alert

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 […]

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November 2015 Business Transaction Newsletter

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 […]

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Commercial Transaction Newsletter – September 2015

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 […]

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Estate Planning Newsletter – September 2015

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 […]

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Estate Planning Newsletter – August 2015

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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July 2015 Business Transaction Newsletter

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 […]

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May 2015 Business Transaction Newsletter

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 […]

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March 2015 Business Transaction Newsletter

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 […]

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January 2015 Business Transaction Newsletter

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. […]

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