Practice Areas
Pivot Legal offers an array of services for business clients.
Commercial Litigation & Business Disputes
Creditors’ Rights & Insolvency Litigation
Litigation Management & Local Counsel
Outside General Counsel
Commercial Litigation & Business Disputes
Risk is a constant companion that every business venture, regardless of its size or sector, should be prepared to manage. Pivot Legal guides our clients through virtually every aspect of a commercial dispute, whether litigation is required or not. We work with our clients to formulate a legal risk assessment to identify, assess and mitigate risk as part of a businesses’ risk management strategy. Our goal is to act as a trusted legal advisor at every level of a business dispute. If litigation is required, Pivot Legal utilizes its 20+ years of courtroom experience and prior in-house legal advisor experience as a strategic business partner, to advocate for our clients in the appropriate legal forum.
We handle a variety of complex business disputes in both federal and state court, in arbitration, and other dispute resolution forums. We routinely handle matters in the Circuit and Chancery State Courts in Tennessee and the Eastern, Middle and Western District and Bankruptcy Courts in Tennessee.
Business disputes that we typically pursue or defend include:
Fraud/Misrepresentation
Breach/Anticipatory Breach of Contract
Rep/Warranty Claims
Shareholder/Partnership Disputes
Non-Compete/Non-Solicitation Disputes
Federal/State Statutory Violations
Collections
Business Torts
Breach of Fiduciary Duty
Trade Secrets/Unfair Competition
Earnout Disputes, Indemnification Claims and other Post-Closing M&A Issues
Commercial Landlord/Tenant Disputes
Contract Enforcement
Creditors’ Rights & Insolvency Litigation
Many insolvency lawyers do not know how to litigate. Similarly, many litigators do not know bankruptcy law. Pivot Legal knows both and does both well.
We have considerable experience representing creditors in state and federal courts in aid of enforcing their contract rights and executing and collecting on judgments gained from such enforcement.
This expertise includes pre-judgment and post-judgment remedies, such as bank levies, garnishments, attachments and judgment execution. We also are skilled at “piercing the corporate veil” of shell companies set up to insulate a party from personal liability on company debts. Through such efforts, we have been able to recoup tens of millions of dollars for the benefit of our clients.
Pivot Legal also represents creditor interests when a business its client’s does business files for bankruptcy or seeks similar workout or insolvency relief. We advise companies on the practical, economic and legal effect of bankruptcy proceedings and the remedies they can pursue to maximize loss recovery. Many creditors believe that once a company files for bankruptcy, it lacks options to pursue its legal remedies. This simply is not true. Pivot Legal is skilled in utilizing the full range of remedies available, which may include pursuing priority treatment of the creditor’s interests, taking strategic steps within and outside of the bankruptcy proceeding, and litigation—all with the goal of protecting the creditor’s interests and to aid in debt recovery.
We have also developed a niche in successfully defending creditors in preference, fraudulent transfer, and similar “clawback” avoidance actions filed by trustees, debtor’s counsel or creditor committees in bankruptcy and other insolvency proceedings. We have represented dozens of companies, in hundreds of bankruptcy adversary proceedings and similar insolvency related litigation, resolving hundreds of millions of dollars of “claw-back” demands at a substantial discounted “nuisance value” or with zero dollar exposure.
Litigation Management & Local Counsel
Pivot Legal has developed a particular niche in helping businesses manage and monitor potential and active disputes. This includes assisting with retaining legal counsel to pursue or defend legal actions around the country, managing outside counsel’s work and performance on behalf of the company in such disputes, and acting as a conduit and advisor to strategize and advise the client and outside counsel on best practices to meet the objectives of the business. If your company desires to pursue its legal options out-of-state, or, defend a legal matter out-of-state, Pivot Legal can guide your business through the process, providing practical legal solutions to achieve the objectives of the business.
Additionally, we serve as Tennessee local counsel in corporate and commercial litigation matters in state and federal court. We have served as local counsel for several dozen law firms, including AmLaw 200 and Global 200 firms that do not have a presence in Tennessee.
Because of our unique ability to tap into both our private practice and in-house counsel experience, Pivot Legal understands the needs and desires of outside counsel and their clients and can provide practicable legal advice based on detailed knowledge of relevant local practice, rules and procedure. Further, we provide highly advanced and comparable legal solutions at a far more competitive rate than what many of the largest firms in Tennessee offer.
Pivot Legal has a statewide practice that allows it to appear in front of judges throughout Tennessee. Further, we have worked side-by-side with many of the sitting judges in state court and federal court, including being mentored by such judges before their judicial selection, while working and handling cases together in private practice, and, in several instances, acting as the current judge’s mentor when they were previously in private practice.
Outside General Counsel
Many businesses typically do not have a need for a full-time in-house attorney. But they all need a lawyer they can trust who can provide them with practical solutions to all of their legal needs.
Having acted as in-house litigation counsel for a global S&P 500 company involved in dozens of industries around the world, handling the day-to-day legal needs of its respective lines of business, Pivot Legal understands that a business needs a legal partner who it can also consult with to support the organization, provide strategic legal advice, help improve internal processes and assist in navigating complete challenges.
Pivot Legal can assist your business as a trusted legal advisor, formulating strategies and assessments geared to advancing your company’s business needs. Ultimately, our goal is to be a partner for your business that you can trust in assessing risk and dealing with legal issues as they arise.