Rainey, Kizer, Reviere & Bell, PLC and the Law Offices of John Day, P.C. have collaborated to create a CLE program for all claims professionals and lawyers (both plaintiff and defense) involved in Tennessee health care liability cases. The program will bring you up to date on the important issues facing lawyers and their clients in […]
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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 […]
Read MoreRKRB 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 […]
Read MoreFirm 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 […]
Read MoreFirm 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 […]
Read MoreRainey, 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 – […]
Read MoreNew 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 […]
Read MoreU.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 […]
Read MoreIS 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 […]
Read MoreFACING 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 […]
Read MoreESTATE 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 […]
Read MoreESTATE 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 […]
Read MoreESTATE 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 […]
Read MoreAutism 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 […]
Read MoreYou 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 […]
Read MorePreparing 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 […]
Read MoreThe 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, […]
Read MoreSpeak 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 […]
Read MoreCases 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 […]
Read MoreReligious 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,” […]
Read MoreBusiness 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% […]
Read MoreRKRB 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.
Read MoreEmployment 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) […]
Read MoreBusiness 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 […]
Read MoreEmployment 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 […]
Read MoreMedical 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 […]
Read MoreEmployment 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 […]
Read MoreEstate 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 […]
Read MoreEstate 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 […]
Read MoreBusiness 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 […]
Read MoreMedical 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 […]
Read MoreEstate 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 […]
Read MoreBusiness 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, […]
Read MoreEstate 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 […]
Read MoreDoes 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
Read MoreEEOC 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/.
Read MoreEstate 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 […]
Read MoreBusiness 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 […]
Read MoreEstate 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 […]
Read MoreEstate 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 […]
Read MoreEmployment 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 […]
Read MoreBusiness 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 […]
Read MoreMedical 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 […]
Read MoreEmployment 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 […]
Read MoreEstate 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 […]
Read MoreBusiness 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 […]
Read MoreEstate 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, […]
Read MoreEstate 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 […]
Read MoreEstate 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 […]
Read MoreWhat 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
Read MoreMalicious 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)
Read MoreEstate 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 […]
Read MoreBusiness 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.) […]
Read MoreEstate 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 […]
Read MoreEmployment 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 […]
Read MoreEstate 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. […]
Read MoreBusiness 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. […]
Read MoreEmployment 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. […]
Read MoreEstate 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 […]
Read MoreBusiness 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 […]
Read MoreBanking 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 […]
Read MoreMedical 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. […]
Read MoreEstate 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 […]
Read MoreEmployment 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 […]
Read MoreBanking 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 […]
Read MoreEstate 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) […]
Read MoreERISA 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 […]
Read MoreEstate 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 […]
Read MoreBusiness 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 […]
Read MoreEstate 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 […]
Read MoreBanking 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”) […]
Read MoreBusiness 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 […]
Read MoreEstate 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 […]
Read MoreEmployment 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. […]
Read MoreBanking 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 […]
Read MoreEstate 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. […]
Read MoreCommercial 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 […]
Read MoreEstate 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 […]
Read MoreEstate 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 […]
Read MoreEMPLOYMENT 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 […]
Read MoreBanking 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 […]
Read MoreMedical Malpractice Newsletter – Winter 2015
For PDF copy of the newsletter please click here: Newsletter – Winter 2015
Read MoreCommercial 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 […]
Read MoreOctober 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 […]
Read MoreNovember 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 […]
Read MoreCommercial 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 […]
Read MoreEstate 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 […]
Read MoreEstate 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 […]
Read MoreFall 2015 – Employment Law Alert
For PDF copy of newsletter click here: EMPLOYMENT
Read MoreAugust 2015 Issue – Banking Law Alert
For PDF copy click here: BANKING LAW ALERT – REVISED
Read MoreJune 2015 – Banking Law Alter
For PDF copy of newsletter, please click here: BANKING LAW ALERT – June 2015
Read MoreApril 2015 – Banking Law Alter
For PDF copy of newsletter, please click here: BANKING LAW ALERT – April 2015
Read MoreSpring 2015 – Employment Law Alert
For PDF copy of the newsletter, please click here: Employment Law Alert – Spring 2015
Read MoreJuly 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 […]
Read MoreMay 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 […]
Read MoreMarch 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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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. […]
Read MoreBanking Law Alert – February 2015
For pdf copy please click here BANKING LAW ALERT
Read MoreBanking Law Alert – December 2014 Issue
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Read MoreDecember 2014 Estate Planning Newsletter
To view a PDF version of the newsletter, click here. December 2014 Estate Planning Newsletter
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