Litigation and Dispute Resolution

What happens if the seller of property files for bankruptcy and the bankruptcy trustee tries to undo the transaction?  Is the buyer protected by the buyer’s title insurance policy?  The Tennessee [...]

Tennessee follows the American Rule that a successful litigant normally has to bear its own attorneys fees.  The typical exceptions to the rule are:  (1) if the statute the party is suing under [...]

Assume that Alex and Casey own a house.  If they bought the house during the marriage, they are presumed to own it as “tenants by the entireties.”  Entireties property is not subject to the [...]

In Game 6 of the 1970 NBA Finals, Willis Reed tore his thigh muscle.  No one thought he would play in Game 7.  As usual, people bought tickets and placed bets.  Then, moments before the game [...]

The holy grail of litigation is winning the case and getting the other side to pay your attorneys fees.  When this happens the loser may consider bankruptcy to avoid having to pay the judgment [...]

For anyone involved in a newsworthy dispute, refusing to acknowledge our media-saturated modern world can be a dangerous proposition. As Amy Rao Mohan has already explained in the pages of this [...]

Two not-altogether-wrong characterizations of lawyers are that we like Latin words and thrive on uncertainty. And if you’re analyzing statutes of limitations, you get to enjoy both. Sometimes [...]

We touched on many issues in our recent crisis communications CLE, but one topic seemed to generate a lot of questions.  Lawyers, perhaps by their very nature, are guarded, suspicious, and [...]

Earlier this week, the Tennessee Court of Appeals decided an important, and unprecedented, issue affecting the ability of creditors to garnish funds.  A garnishment is an order issued to a third [...]

Legal fees—the term strikes at the hearts of CFOs.  On the transactional side, legal fees are often viewed as a necessary evil.  While they help effectuate the objectives of the business and [...]