Assisted local government in the development of negotiation and litigation strategy in complex contractual matters
Counseled entrepreneurs and emerging technology businesses concerning business organization, finance, and growth strategies
Served as legal counsel in electricity rate negotiations with federal energy supplier
Assisted in development of environmental due diligence protocols for major business acquisitions
Developed environmental compliance strategies for manufacturers and utilities and assisted in their implementation
Led efforts to gain passage of enabling legislation to permit electric utilities to offer telecommunications services
Assisted in strategic planning and implementation of electric utility expansion into cable TV and high bandwidth Internet services
Led practice team providing legal services to a large public hospital on various compliance issues involving topics such as hospital operations, physician recruitment and employment, practice acquisition, and hospital mergers and acquisitions, as well as represented the hospital in administrative proceedings involving Medicaid reimbursement issues and facility licensing
Represented alliance of regional hospitals that cooperated in quality improvement and cost reduction activities, advised on a variety of compliance issues, and assisted with the development of joint physician recruitment programs, joint purchasing programs, and provider networks
Established that Tennessee 911 Districts could enforce the obligation of telephone companies to collect and remit monthly fees critical to the finances of the Districts. Hamilton Cnty. Emergency Communs. Dist. V. BellSouth Telcoms. LLC, 852 F.3d 521 (6th Cir. 2017)
Successfully defended False Claims Act claims against municipal electric system. City of Chattanooga ex rel. Lepard v. Elec. Power Bd. of Chattanooga, No. E2015-01995-COA-R3-CV, 2016 Tenn. App. LEXIS 777 (Ct. App. Oct. 20, 2016)
Successfully argued case in which the Tennessee Supreme Court established principles for determining when Tennessee’s Public Records Act would not apply to private entities supporting governmental activities. Gautreaux v. Internal Medicine Education Foundation, Inc., 336 S.W.3d 526 (Tenn. 2011)
Defeated class action inverse condemnation action challenging scope of easement rights of municipal electric system. Mathews v. City of Chattanooga, No. E2009-01418-COA-R3-CV, 2010 Tenn. App. LEXIS 572 (Ct. App. Sep. 15, 2010)
Obtained interpretation of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”) confirming that a local government holding legal title to property in an industrial park was entitled to protection from liability under CERCLA’s secured creditor exemption. Monarch Tile, Inc. v. City of Florence, 212 F.3d 1219 (11th Cir. 2000)
Succeeded in establishing that the Tennessee Public Records Act does not require disclosure of records protected by the attorney’s work product protection. Arnold v. City of Chattanooga, 19 S.W.3d 779 (Tenn. Ct. App. 1999)
Successfully defended petroleum retailer against claims of violation of Resource Conservation and Recovery Act (RCRA) and claims of conspiracy to violate state environmental laws. Oliver v. Hydro-Vac Servs., No. 97-5354, 1998 U.S. App. LEXIS 6024 (6th Cir. Mar. 23, 1998)
Successfully defended multiple attacks on the ability of municipal electric systems to offer competitive telecommunications, cable TV, and Internet services.
Successfully pursued challenges before Tennessee Regulatory Authority to rate increases sought by investor-owned water utility
Protected Internet service provider and its customers from improper discovery tactics
Represented clients in administrative proceedings and litigation regarding environmental compliance and enforcement in multiple states
Developed and implemented litigation strategies to halt illegal use of trade secrets by former employees
Guided design and implementation of forensic strategies in complex litigation, leading to documentation of fraud against public entity