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Review of An Empirical Analysis of Noncompetition Clauses and Other...
I wrote recently about a blog post suggesting that the enforceability of employee noncompetes be tied to CEO compensation. Well now I'm going to write about a law review article regarding CEO...
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Defamatory Statement May Also Constitute Intentional Interference with...
In McCord v. HCA Health Services of Tennessee, Inc., 2015 WL 1914634 (Tenn. Ct. App. April 27, 2015), the Court of Appeals reaffirmed that an allegedly defamatory statement may also constitute the...
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Great Memphis Mediator
I recently mediated a trade secret / non-compete dispute in Memphis. We used J. Brook Lathram as our mediator. If you are looking for a mediator in trade secret or business dispute in the Memphis...
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Ignorance of the Enforceability of a Contract is No Excuse
In Commil USA, LLC v. Cisco Systems, Inc., 2015 WL 2456617, *9 (U.S. March 31, 2015), a patent infringement action, the United States Supreme Court discussed the rule that ignorance of the law is no...
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Good Article from Knoxville News Sentinel Regarding Non-Compete Agreements
The Knoxville News Sentinel published a good article by attorney Chris McCarty regarding the enforceability of non-compete agreements in Tennessee. Courts disfavor them but will enforce them if they...
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Does The "Sale of Insurance Products" Include "Telemedicine"? Not Unless Your...
The Tennessee Court of Appeals recently issued a ruling in John Hammer v. Southeast Resource Group, Inc., et al, which was appealed from the Chancery Court for Williamson County. The Plaintiff, John...
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Appraisal Company Must Show More Than Ordinary Competition to Prevent...
Davis v. Johnstone Group, Inc. involved a battle between two appraisal firms for the services of one John Jason Davis. Mr. Davis was hired by Johnstone Group, Inc. (“JCI”) in 1998 as a real estate...
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Tennessee Court of Appeals Rules Regionally Restrictive Condition to...
In February 2017, in Edwards v. Urosite Partners, 2017 WL 1192109, No. M2016–01161–COA–R3–CV (Tenn. Ct. App. March 30, 2017), the Tennessee Court of Appeals ruled that a partnership had the right to...
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The Pandemic Prism: Post-Employment Restrictions in Tennessee during the...
The impact of the pandemic on the U.S. workforce is mind-numbing. During the week of March 21 alone, 3.3 million Americans applied for unemployment, which shattered the previous national one-week...
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No Need to Ask for Forgiveness if You Have Permission to Access Data under...
By Erik Halvorson and Thomas W. Shumate IV Intro In a pair of dueling opinions fit for a law school exam on statutory construction, members of the Supreme Court debated the meaning of the words “so”...
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