Experience & Results
Our experience and results speak volumes.
Commercial Litigation & Business Disputes
Creditors’ Rights & Insolvency, Litigation Experience & Results
External, General, and Local Counsel Experience
Published Represented Cases
Commercial Litigation & Business Disputes
Experience
Our prior experience includes representing both plaintiffs and defendants in hundreds of commercial legal disputes, including as lead counsel for the following companies:
Largest B2B commercial Mastercard issuer in North America
Largest workforce lodging provider in North America
Largest temporary housing provider in the insurance industry
Largest payment processor and issuer of fleet fuel cards corporate spend cards and paperless payroll cards
Largest specialty loan servicing company in North America
Leading global payment card service provider
Leading global lender in the automobile industry
Leading global cross-border payment and currency risk management company
Leading global manufacturer of industrial and agricultural machines
Leading home and commercial security providers in North America
Leading airline crew and distressed passenger management companies in North America
Leading freight transportation/LTL providers in North America
Leading healthcare provider and payer data management company in North America
A Fortune 1000 global payment processor company and its subsidiaries
A Fortune 1000 global human capital management company and its subsidiaries
Several Fortune 100, 500 and 1000 financial services and banking institutions
We also have represented the interests of some of the largest banks and credit unions in the United States, as well as several regional and Tennessee-based banks and credit unions, thrift institutions and trust companies, in all facets of litigation and dispute resolution.
Results
Obtained summary judgment on behalf of electronic payment processor related to enforceability of limitation of liability provision in contract and on adverse party’s claims for breach of warranty, fraud, misrepresentation and conversion.
Obtained motion for partial summary judgment on behalf of nation’s leading fuel card company in significant fuel contract dispute, resulting in favorable settlement.
Obtained dismissal of lawsuit on behalf of auto racing company accused of breach of contract, fraud and wire fraud.
Obtained dismissal of lawsuit against regional bank accused of violating the Fair Housing Act (FHA) and Tennessee Human Rights Act (THRA).
Obtained dismissal of lawsuit against automobile global lender accused of violating Magnuson-Moss Warranty Act.
Obtained dismissal of multiple lawsuits filed against national premier loan servicer involving wrongful foreclosure claims, unfair or deceptive trade practice claims, as well as other statutory and common-law claims.
Defeated class certification and obtained summary judgment on behalf of life insurance company accused of violating deceptive trade practice statutes in multiple states.
Defeated class certification and obtained dismissal of multiple lawsuits filed against mortgage loan servicer alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
Obtained favorable settlement in a putative class action on behalf of B2B payroll processor involving EFTA allegations.
Obtained favorable settlement for publicly traded fintech company in dispute with seller regarding breaches of representations and warranties on multiple M&A transactions.
Obtained permanent injunctions in several trademark infringement, non-compete and non-disclosure agreement disputes on behalf of footwear designers, workforce lodging, sales consulting, and home and commercial security providers.
Obtained favorable settlement of lawsuit filed against movie director by financiers, paving the way for worldwide distribution and release of film.
Obtained favorable settlement of lawsuit filed against retail marketing technology company involving breach of fiduciary duty, conspiracy, inducement to breach contracts and interference with contracts/prospective relations claim.
Prosecuted to judgment several alter-ego/successor liability lawsuits, on behalf of individuals and companies.
Multiple jury/non-jury trial verdicts in client’s favor in commercial litigation disputes.
Established case law precedent in Tennessee as to interpretation of Tennessee’s deficiency judgment statute.
Established case law precedent in Tennessee that the filing of a probate estate claim by a nonlawyer does not constitute the unauthorized practice of law.
Established federal case law precedent for who constitutes a “borrower” under the Real Estate Settlement Procedures Act (RESPA).
Creditors’ Rights & Insolvency Litigation
Experience
We have previously represented secured creditor and unsecured creditor interests in some of the most complex and high-profile Chapter 11 cases across the country in recent years, including those involving the follower debtors:
Hertz
JCPenney
Celadon Group
Toys R’ Us
Brooks Brothers
Latam Airlines
Lane Bryant
Yellow Corporation
Party City
hhgregg
Murray Energy
Piccadilly Restaurants
Modell’s Sporting Goods
Borden Dairy
Ann Taylor
Claire’s Stores
Virgin America
California Pizza Kitchen
The Express
The Body Shop
Rite Aid
Aeropostale
Gymboree
Caesars Entertainment
American Airlines
SkyMall
Pier 1 Imports
Silicon Valley Bank
David’s Bridal
iHeart Media
Regal Cinemas/Cineworld
Logan’s Roadhouse
Muzak
RadioShack
Payless Shoes
Purdue Pharma
True Religion
Jack Cooper Ventures
Cumulus Media
The Limited
Stein Mart
Results
Obtained multi-million-dollar nondischargeable judgment at trial, on behalf of automotive finance company, against automobile dealership, collecting on the full amount of the judgment.
Obtained multi-million-dollar nondischargeable judgment at trial, on behalf of bank, based on fraudulent financial statements, collecting on the full amount of the judgment.
Obtained six-figure judgment at trial, on behalf of Chapter 7 Trustee, against recipient of preferential transfers, collecting on the full amount of the judgment.
Obtained favorable result for dozens of creditors in several Ponzi scheme/fraudulent transfer matters.
Obtained favorable results for multiple clients in insurance company receiverships and liquidation actions across the United States.
Defended hundreds of avoidance actions, including, preference and fraudulent transfer adversary proceedings, on behalf of dozens of creditor clients, asserting claims totaling hundreds of millions of dollars, resolving all such claims at de minimis amounts or with no payment by creditors.
Pursued hundreds of collection actions on behalf of creditor clients across North America, resulting in judgments in favor of creditor clients, and collection of monies associated with such judgments, in the tens of millions of dollars.
External, General, and Local Counsel
Experience
We have collaborated with dozens of national and regional businesses, including several start-up/entrepreneurial-based companies, serving as their external general counsel. These businesses span a variety of industries, including in the steel, glass supply, fabrication, wire and wheel, and equipment manufacturing industries, as well as in the health care, technology, supply chain, fintech, finance, commercial real estate, hospitality, and creative design industries.