Banking Law Alert – August 2016 Edition

September 2nd, 2016   •   Comments Off on 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… Read More

Estate Planning Newsletter – August 2016 Edition

September 1st, 2016   •   Comments Off on 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)… Read More

ERISA Lessons Learned from Tibble v. Edison

August 9th, 2016   •   Comments Off on 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… Read More

Estate Planning Newsletter – July 2016 Edition

August 9th, 2016   •   Comments Off on 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… Read More

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