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  • Article

    There's No Legal Duty In Tennessee To Facilitate Service Of Process Or Even Give Contemporaneous Notice Of Defective Service Efforts.

    Old dogs can learn new tricks and maturing lawyers can learn something new in the law.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Uber And Lyft Face Class Action Suit In Memphis

    The City of Memphis is the site of the latest legal challenge to the peer-to-peer ride sharing services offered by Uber and Lyft.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Update – Rule 30(b)(6) Officially Amended With A Modified Meet And Confer Requirement, But Practical Challenges Remain

    Previously, I wrote about a proposed amendment to Federal Rule of Civil Procedure 30(b)(6) that would create a meet and confer requirement among counsel concerning the topics for examining...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    When Personal Email Is Serious Business

    Hillary Clinton is currently under fire for the use of a personal email account while United States Secretary of State.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Will The Tennessee General Assembly Continue To Tell The Judiciary To Put Up Or Shut Up?

    On October 26, 2015, the Tennessee Supreme Court returned the state's summary judgment standard to normalcy and also gave the Tennessee General Assembly a little more room to invade the judiciary.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    You're Not My Client … But The Attorney-Client Privilege Still Applies!

    In Dialysis Clinic, Inc. v. Kevin Medley, 567 S.W.3d 314 (TN 2019), the Tennessee Supreme Court decided as a matter of first impression that attorney communications with a third party
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    D.C. Circuit Holds Locksmiths Cannot Unlock Google's § 230 Protection

    Section 230 immunity (47 U.S.C. § 230 (c)(1)) protects internet platforms, such as Google or Twitter, from culpability for the information they publish. Section 230 states
    United StatesMedia, Telecoms, IT, Entertainment
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Fantasy Sports Operators, Draftkings And Fanduel, Cleared To Use Players' Names, Pictures, And Stats Without Their Consent Because That Material Is "Newsworthy"

    On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes' names, pictures, and statistics without their consent because it determined that material to be newsworthy.
    United StatesMedia, Telecoms, IT, Entertainment
    Butler Snow LLP
    Butler Snow LLP
  • Article

    DATA BREACH CASE UPDATE: Shareholder Derivative Suit Dismissed

    We recently discussed the increase in data breach litigation which resulted after several high-profile data breaches.
    United StatesPrivacy
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Financial Institutions' Data Breach Class Action Bounced

    I've previously blogged about a new breed of data breach class actions filed by financial institutions against retailers (as opposed to customers suing retailers).
    United StatesPrivacy
    Butler Snow LLP
    Butler Snow LLP
  • Article

    FTC Loses Data Security Case

    On November 13, 2015, an administrative law judge dismissed the FTC's enforcement action against LabMD for its data security breach in 2008.
    United StatesPrivacy
    Butler Snow LLP
    Butler Snow LLP
  • Article

    No Safe Harbor: Why U.S. Companies Must Be Aware Of Europe's Privacy Rules

    The European Union has consistently provided its residents greater data protection than the United States.
    United StatesPrivacy
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Tennessee Legislature Amends (Again) Its Data Breach Laws

    As I blogged about here, last year the Tennessee legislature amended its data breach laws to become the first state in the U.S. to remove the encryption safe harbor from its definition of a data breach...
    United StatesPrivacy
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Joint Tenancy/Survivorship Property Now Severable By Unilateral Acts Of Co-Owner

    The Tennessee Supreme Court recently ruled that "a joint tenancy with an express right of survivorship can be severed by the unilateral actions of one of the co-tenants."
    United StatesReal Estate and Construction
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Executors Responsible For New Estate Reporting Requirements

    Executors (or beneficiaries in certain situations) of estates for which an estate tax return was required to be filed under Section 6018(a) after July 31, 2015...
    United StatesTax
    Butler Snow LLP
    Butler Snow LLP
  • Article

    IRS Clarifies Deductibility Of Home Equity Loan Interest Following The 2017 Tax Act

    he IRS recently issued Notice 2018-32, which advises taxpayers on the ability to deduct interest on home equity loans (collectively, a "HELOC") following the 2017 Tax Act.
    United StatesTax
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Treasury To Issue Carried Interest Regulations Closing Perceived S Corporation Loophole

    The taxability of a "carried interest" has been subject to much debate.
    United StatesTax
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Pro Te: Solutio – Fall 2017

    If the acronym "AI" makes you immediately think of a sci-fi movie, you're not alone! Some of us have even humbly acknowledged that the topic of AI—Artificial Intelligence—seems daunting...
    United StatesTechnology
    Butler Snow LLP
    Butler Snow LLP
  • Article

    From The Wild West To Sec Regulation: Overstock.Com’s Proposed Digital Securities And The Lessons Of Bitcoin

    On April 24, Overstock.com filed a Form S-3 with SEC for securities offerings up to $500,000,000.
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Less Is More? Not When It Comes To Director Compensation Plans And Effective Shareholder Ratification

    Companies cannot merely rely upon shareholder approval to obtain protection under the business judgment rule.
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP

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