Millard v. Millard (Chancery Court of Maury County, Tennessee)
Served as lead trial counsel on disputed business valuation issues in a contested divorce where the primary marital asset was a 54% interest in a leading air ambulance company, which the parties’ dueling experts valued at ~$45 million and ~$24 million, respectively. Following a week-long bench trial, the court fully adopted our expert’s valuation, explaining in its order that “cross-examination” made it “evident” the opposing expert’s valuation was “wrong.” This resulted in a ~$10 million increase to our client’s distribution from the marital estate.
First Lien NPL Opportunity Fund, LLC v. Area Wide Realty Corp. (Circuit Court of Cook County, Illinois) (AAA Arbitration)
Served as lead counsel for distressed investment fund in arbitration concerning its joint-venture partner’s breaches of contract, breaches of fiduciary duties, and fraud in connection with a joint venture to develop abandoned residential properties in Chicago. Obtained a seven-figure arbitration award, which included both compensatory and punitive damages, for our client and defeated a petition to vacate the award, which the Circuit Court confirmed in full.
GSV Acquisitions, LLC v. Ellison (Eastern District of Tennessee)
Represented founding member of private equity group in business tort and trade secret litigation against his former partners. Obtained a favorable settlement following dispositive motion briefing and initial discovery.
Houston Humphreys, LLC v. Houston Street Partners, LLC (Chancery Court of Davidson County, Tennessee)
Representing joint-venture buyer in a commercial real estate dispute involving the sale of Houston Station, a valuable development in Nashville’s Wedgewood/Houston neighborhood.
Unique Management, Development & Construction, LLC v. Pacific RBLF Funding Trust (Chancery Court of Davidson County, Tennessee)
Served as lead counsel for private credit fund in litigation challenging the enforceability and priority of the mortgage securing its ~$4.5 million construction loan for a distressed residential development. After successfully appointing a receiver to complete the development, sell the completed homes, and distribute the proceeds in accordance with the court’s ultimate adjudication of lien priority, obtained a favorable settlement that returned all principal and more to our client.
Meltzer, individually and derivatively v. First Lien Investment GP LLC (Circuit Court of Broward County, Florida) (JAMS Arbitration)
Served as lead counsel for GP entity of distressed investment funds in derivative litigation brought by co-founder and minority member. After successfully compelling arbitration of five of the co-founder’s six claims and asserting counterclaims in arbitration, obtained a favorable settlement at mediation.
Walsh v. Peeples (Chancery Court of Davidson County, Tennessee)
Served as lead counsel for the 49.5% member of a veterinary and boarding/grooming business in litigation against her business partner involving claims for expulsion, breaches of fiduciary duties, and fraud. Obtained a favorable settlement during discovery, following mediation.
Case v. Wilmington Trust, N.A., 703 S.W.3d 274 (Supreme Court of Tennessee)
Served as appellate counsel for a mortgage lender in a high-value case where the lender prevailed on summary judgment. Obtained affirmance at the Tennessee Supreme Court, which issued a published decision that held “wrongful foreclosure” is not a standalone tort under Tennessee law and redefined Tennessee constitutional standing.
The Holistic Connection, LLC v. Burning Acre Co. (Circuit Court of Davidson County, Tennessee)
Served as lead counsel for a hemp company defending against business tort claims seeking more than $5 million in damages. Obtained a favorable settlement immediately after moving for full summary judgment at the conclusion of discovery.
Redline Steel, LLC v. NukonUS, LLC (Northern District of Alabama)
Obtained a judgment for $1.4 million in compensatory damages, $1 million in punitive damages, and more than $400,000 in prejudgment interest on behalf of a manufacturer following a two-week jury trial in a dispute regarding two fiber laser machines used to manufacture steel décor.
Lovreta v. PHH Mortgage Corp. (Western District of Tennessee)
Represented mortgage servicer in putative nationwide class action alleging violations of the Real Estate Settlement Procedures Act (RESPA). Obtained a favorable individual settlement with the plaintiff following motion to dismiss briefing.
Malek v. Bank of America, N.A. (Nevada Court of Appeals)
Obtained summary judgment establishing the validity of the lender’s deed of trust that secures a $3 million loan and affirmance on appeal.
EMC Mortgage LLC v. First Guaranty Mortgage Corp. (Eastern District of Virginia)
Represented mortgage originator in indemnity suit arising from denied repurchase demand. Obtained a favorable settlement during discovery.
In re Residential Capital LLC (Southern District of New York)
Defended mortgage servicer in litigation arising from multimillion-dollar proof of claim filed by Florida foreclosure law firm.
Anti-money laundering compliance
Assisted financial institution and its Canadian affiliate, which provide stock transfer agent services to closely held and publicly traded companies, in evaluating their potential risk exposure and obligations under the Bank Secrecy Act and Anti-Money Laundering Act from providing transfer agent services to a dozen marijuana-related businesses in the United States and Canada.
Intellectual property
Advised several Tennessee-based hemp companies regarding intellectual property protection for a variety of marks and proprietary systems.
Hemp regulatory compliance
Advising multiple hemp and CBD companies regarding compliance with state and federal statutes and regulations.
Business formation and incentives
Advised various cannabis startups regarding corporate structuring, potential tax credits and other state and local incentives, and general corporate matters.
Vendor management
Assisting Tennessee-based hemp company with managing its relationships with white-label manufacturing clients, wholesale customers, and distributors.