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Articles, Books & Whitepapers

Lawyers with Big Hearts

Tennessee Bar Journal, January 2015
by Barry Kolar

Rebecca McKelvey Castañeda was awarded the Harris Gilbert Pro Bono Volunteer of the Year award for 2014 by the Tennessee Bar Association.

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Sustainability and Biofuels

Sustain, Issue 31, Fall/Winter 2015, Kentucky Institute for the Environment and Sustainable Development, UofL, December 2014
by W. Blaine Early III

As the saying goes, "Be careful what you wish for; you might get it." This describes the current state of biofuels. The appealing concept of biofuels is supported by well-meaning environmental advocates, business interests, and governmental policy, but if we don't make wise choices, then the reality may not be all that we wished for.

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Can I Be Detained for Being Ill?

Nashville Bar Journal, Vol. 14, No. 10, November 2014


The Ebola virus is an epidemic ravaging the West African countries of Liberia, Sierra Leone, and Guinea, and threatens to become a broader pandemic. The first known cases…

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The Erosion of Credit-Bid Protection in Bankruptcy and Its Effects

The Tennessee Banker, October 2014

According to the Thompson Reuters Loan Pricing Corporation, in the first quarter of 2014 the trading volume of loans on the US secondary loan market was $139.27 billion, with $4.93 billion in distressed loan trades. The overall trading volume of loans in the first quarter is well above the $114.31 billion quarterly average seen since the first quarter of 2008. The secondary loan market is very active. 

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The changing face of Kentucky’s long-term care

Medical News, October 13, 2014
by K. Kelly White Bryant

In 1999, by a six to three majority, the United States Supreme Court issued a seminal decision in Olmstead v. L.C., which involved the application of Title II of the Americans with Disabilities Act of 1990 (ADA). Olmstead concerned several intellectually disabled individuals (“individuals”) who were admitted to a Georgia hospital but not timely discharged from the hospital although their treatment professionals agreed that they could be cared for safely in the community.

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Your Company’s Role in Public Policy Battles

The Corporate Board, September/October 2014
by Ellen Tauscher, Patrick Dailey

The voice of business in political and regulatory issues has been a hot button topic since the U.S. Supreme Court's Citizens United decision. Public policy battles will continue whether your corporation is active or not, and avoiding the debate may not be an option. What does your board need to know about the company's involvement in PACs, lobbying, and all those other messy necessities of modern policital life?

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Upcoming Changes to Federal Rules of Civil Procedure: Modernizing Scope of Discovery and Clarifying Consequences of Failure to Preserve

Louisville Bar Association’s Bar Briefs, September 2014
by Oliver H. (Scott) Barber III

If you practice in federal court, pay close attention to the changes to the Federal Rules of Civil Procedure arriving in 2015.  Implementing the so-called “Duke Rules Package” developed at a 2010 Federal Rules Advisory Committee meeting held at Duke University, upcoming changes recommended by the Advisory Committee focus on three main areas:  (1) early judicial case management; (2) the scope of discovery and (3) litigants’ failure to preserve electronically stored information.

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Breach of Contract for Wrongful Death

Georgia Casenote, website of the Construction Litigation Committee of the Litigation Section of the American Bar Association
by R. Daniel Douglass

This article appeared as a Georgia Casenote on the website of the Construction Litigation Committee of the Litigation Section of the American Bar Association and is reprinted with their permission.

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And The Defense Wins

The Voice, DRI, July 16, 2014
by John L. Tate

DRI member, John Tate, of Stites & Harbison, PLLC, won a defense verdict for Leatt Corporation in Scarvelli v. Leatt Corporation (Case No. 1:12-CV-00483), a product liability lawsuit in U.S. District Court for the Northern District of Ohio after a two-week trial ending April 17, 2014.

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The Supreme Court Redefines 'Exceptionality' and Lowers Bar for Recovery of Attorney Fees in Patent Suits

Business Law Today, American Bar Association, Vol. 23, Issue 10, June 2014
by Joel T. Beres and Melissa Hunter Smith

Patent infringement litigation is expensive, and the cost of that litigation can make or break a company. By the same token, even our nation’s largest and healthiest companies are spending millions of dollars on arguably meritless patent litigation brought by non-practicing entitites and, at the end of the case, they have nothing to show for it but a hefty legal bill. The Patent Act allows a successful party to recover its attorney fee expenses from the other party under certain circumstances. 

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Ten Things Employers Should Know About Wellness Programs

Nashville Area Chamber of Commerce's HR newsletter, February, 2014
by Andrew R. Jacobs

In recent years, many employers have instituted employee wellness programs to encourage good health, lower medical costs, and improve employee productivity and attendance. Initially, large employers were the primary proponents of wellness plans, but now many small and mid-sized companies sponsor wellness programs. Wellness programs can take many forms. Some focus more on disease management while others focus more on healthy lifestyles and habits.

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Subcontracting is a Risky Business: Ensuring Payment on Public-Private Partnerships?

Insurance, Surety & Liens, newsletter of Division 7 of the ABA Forum on Construction, December 2013
by Zachary D. Jones

Construction projects are like onions—and ogers—they have many layers. On a typical construction project an owner will contract with a general contractor who will then contract with subcontractors, who may themselves contract with even lower tier subcontractors. Ultimately, there tend to be many intermediaries between subcontractors doing the work and owners who benefit by the work on construction projects. One problem that results from this for subcontractors is how they ensure payment for their work if the contractor with whom they have contracted refuses to pay?

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Let’s give health law a chance to work

The Tennessean, October 3, 2013

The House of Representatives has resorted to the “nuclear option” in shutting down the federal government in pursuit of a quixotic ideological crusade to stop the Affordable Care Act (ACA). Unlike the other attempts to derail their self-created bogeyman “Obamacare,” this attempt will be both unsuccessful and harmful to the nation.

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Defending Class Actions

Global Business Magazine, December 1, 2012
by Chadwick A. McTighe

The fundamental feature of a class action is that the claims are such that resolving those claims for one plaintiff effectively would resolve those claims for others who have the same claims against the defendant.  Rule 23 of the Federal Rules of Civil Procedure and its state equivalents, require proof of several elements designed to help determine whether this feature is present in a given case.

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Proceed with caution

Medical News
by Brian A. Cromer

Merger and acquisition (M&A) activity in the healthcare field, including the long-term care sector, has been strong, with high reported deal volume and values.  The dynamic created by healthcare reform in the U.S. is certainly a major force behind the move to greater consolidation, as well as factors such as the uncertainty resulting from downward pressure on reimbursement, challenging economic conditions, the looming fiscal cliff and the possibility of a less favorable future tax environment.

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How Large Law Firms are Leading the Way

Law Practice Magazine, Volume 38, Number 5
by Marcia Watson Wasserman

An article published in Law Practice Magazine about professional development training and mentoring programs. Stites & Harbison is featured in the article.

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You don’t miss it until it’s gone: Drought highlights the importance of water management

Water Quality and Wetlands Committee Newsletter, American Bar Association, Vol. 10, No. 2, August 1, 2012
by W. Blaine Early III

Blaine Early and Kathryn Taylor (a summer associate with the firm) explore how regulators, water users, legislators, and the courts are responding to severe droughts in west Texas and the Southeastern United States by allocating water among competing users, incentivizing conservation, or, in an example of the law of unintended consequences, triggering greater depletion of limited groundwater reserves.  The authors consider the economic and environmental consequences of drought in the two regions and posit that Georgia legislators should consider a system such as that adopted by Texas, allowing counties and cities to provide financial incentives for rainwater harvesting.

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Supreme Court Clarifies Test to Determine Navigability for Title to Riverbeds

Water Quality and Wetlands Committee Newsletter, American Bar Association, Vol. 10, No. 2, August 1, 2012
by Kenneth J. Gish, Jr.

Ken Gish, along with Elizabeth Thomas and Kari Vander with K&L Gates, LLP, review the Supreme Court's February 2012 decision in PPL Montana, LLC v. State of Montana and present an enlightening summary of the distinction between federal navigability tests for the purposes of (1) establishing title to the beds of water bodies, (2) determining the extent of federal regulatory jurisdiction under the Commerce Clause, and (3) determining the extent of admiralty jurisdiction.  To the confusion of many courts and practitioners, the test for navigability is applied differently in each of these distinct types of cases.

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