ArticleThere'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 & ArbitrationButler Snow LLP
ArticleUber And Lyft Face Class Action Suit In MemphisThe 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 & ArbitrationButler Snow LLP
ArticleUpdate – Rule 30(b)(6) Officially Amended With A Modified Meet And Confer Requirement, But Practical Challenges RemainPreviously, 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 & ArbitrationButler Snow LLP
ArticleWhen Personal Email Is Serious BusinessHillary Clinton is currently under fire for the use of a personal email account while United States Secretary of State. United StatesLitigation, Mediation & ArbitrationButler Snow LLP
ArticleWill 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 & ArbitrationButler Snow LLP
ArticleYou'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 partyUnited StatesLitigation, Mediation & ArbitrationButler Snow LLP
ArticleD.C. Circuit Holds Locksmiths Cannot Unlock Google's § 230 ProtectionSection 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 statesUnited StatesMedia, Telecoms, IT, EntertainmentButler Snow LLP
ArticleFantasy 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, EntertainmentButler Snow LLP
ArticleDATA BREACH CASE UPDATE: Shareholder Derivative Suit DismissedWe recently discussed the increase in data breach litigation which resulted after several high-profile data breaches. United StatesPrivacyButler Snow LLP
ArticleFinancial Institutions' Data Breach Class Action BouncedI'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 StatesPrivacyButler Snow LLP
ArticleFTC Loses Data Security CaseOn November 13, 2015, an administrative law judge dismissed the FTC's enforcement action against LabMD for its data security breach in 2008.United StatesPrivacyButler Snow LLP
ArticleNo Safe Harbor: Why U.S. Companies Must Be Aware Of Europe's Privacy RulesThe European Union has consistently provided its residents greater data protection than the United States.United StatesPrivacyButler Snow LLP
ArticleTennessee Legislature Amends (Again) Its Data Breach LawsAs 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 StatesPrivacyButler Snow LLP
ArticleJoint Tenancy/Survivorship Property Now Severable By Unilateral Acts Of Co-OwnerThe 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 ConstructionButler Snow LLP
ArticleExecutors Responsible For New Estate Reporting RequirementsExecutors (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 StatesTaxButler Snow LLP
ArticleIRS Clarifies Deductibility Of Home Equity Loan Interest Following The 2017 Tax Acthe 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 StatesTaxButler Snow LLP
ArticleTreasury To Issue Carried Interest Regulations Closing Perceived S Corporation LoopholeThe taxability of a "carried interest" has been subject to much debate. United StatesTaxButler Snow LLP
ArticlePro Te: Solutio – Fall 2017If 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 StatesTechnologyButler Snow LLP
ArticleFrom The Wild West To Sec Regulation: Overstock.Com’s Proposed Digital Securities And The Lessons Of BitcoinOn April 24, Overstock.com filed a Form S-3 with SEC for securities offerings up to $500,000,000.United StatesCorporate/Commercial LawButler Snow LLP
ArticleLess Is More? Not When It Comes To Director Compensation Plans And Effective Shareholder RatificationCompanies cannot merely rely upon shareholder approval to obtain protection under the business judgment rule. United StatesCorporate/Commercial LawButler Snow LLP