Ambiguity, Knowledge, and the Pursuit of Coverage

By: Joseph Gonzalez Reading an insurance policy can feel like playing a cruel game of “Where’s Waldo?” However, instead of a children’s book, you are reading an eighty-page policy in size 10 font, and instead of looking for a goofy looking guy in red and white stripes with thick-rimmed glasses, you are desperately trying to … Continue reading Ambiguity, Knowledge, and the Pursuit of Coverage

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Bankruptcy: Winners and Losers

By: Dan Choe Sears, Roebuck and Company, known as “Sears,” is an American chain of department stores, founded by Richard Warren Sears in 1893, that began as a mail-order firm, with its catalog offering a diverse array of product lines.[1]In 1925, Sears developed a plant on the West Side of Chicago into its first retail … Continue reading Bankruptcy: Winners and Losers

“Blame It All On [Common Law] Roots,” Tennessee Courts Won’t Rewrite Your Country Music Recording Contract

Campbell Cox Case Law Update: Gregg v. Estate of Cupit, 2018 Tenn. App. LEXIS 646, 2018 WL 5733289. Hoping to be the next big thing in country music, Douglas Benjamin Gregg (“Mr. Gregg”), entered into a contract with Jerry Cupit and Cupit Music (together “Cupit”) to record an album and promote his music nationwide.[1] Unfortunately, … Continue reading “Blame It All On [Common Law] Roots,” Tennessee Courts Won’t Rewrite Your Country Music Recording Contract

College Athletic Departments, Grow a Spine: The DJ Durkin Debacle

Derek Terry The University of Maryland is the latest NCAA athletic program to demonstrate an absence of backbone when it comes to handling the exit of a controversial head coach.  The Maryland Terrapins head football coach DJ Durkin was placed on administrative leave on August 11, 2018, while the University System of Maryland Board of … Continue reading College Athletic Departments, Grow a Spine: The DJ Durkin Debacle

Tennessee Workers’ Compensation: Complex Regional Pain Syndrome

Mary Beth Hendershott Few things are more aggravating for an employer than a prior employee who claims to suffer tremendous amounts of pain grossly out of proportion to the inciting event. Such a “reaction pattern” fuels ever-increasing demands for prescription drugs, money, and other company resources.[1] Yet this condition is precisely what medical researchers call … Continue reading Tennessee Workers’ Compensation: Complex Regional Pain Syndrome

Hostettler v. College of Wooster: Full-Time Presence at Work Is Not Necessarily an Essential Function of a Job Under ADA

Bei Yang On July 17, 2018, the United States Court of Appeals for the Sixth Circuit held in Hostettler v. College of Wooster that full-time presence at work is not necessarily an essential function of a position for the purpose of the Americans with Disability Act (“ADA”). Thus, an employer cannot refuse to reasonably accommodate … Continue reading Hostettler v. College of Wooster: Full-Time Presence at Work Is Not Necessarily an Essential Function of a Job Under ADA

The Future of Real Estate Transfers: Using Blockchain Records and Cryptocurrency

Mariel Cooper Blockchain is to financial transactions what the internet is to email – a platform that allows for so much more.[1] Blockchain’s Multiple Industry Disruption Blockchain is a decentralized ledger that stores information in “blocks” in real time, and most recently gained attention by being the platform used to record cryptocurrency transactions like Bitcoin … Continue reading The Future of Real Estate Transfers: Using Blockchain Records and Cryptocurrency

Negotiating Liquidation in Startups

Lauren Hughes When startup funding negotiations ensue, investors are strongly interested in defining their return in investment. In addition to receiving a liquidation preference equal to—or a multiple of—the initial investment, investors want to sit at the table with common stockholders and take a pro rate share of the proceeds from a liquidation event. This … Continue reading Negotiating Liquidation in Startups

Case Law Update: Ajemian v. Yahoo!

Kendria Lewis Go Paperless? Today, many people are switching from printed pages to digital documents to reduce costs and support the Go Green movement. This switch, however, could cause problems for Personal Representatives and heirs left to dispose of a decedent’s assets. Recently, in Ajemian v. Yahoo!,[1] the Supreme Court of Massachusetts addressed whether a … Continue reading Case Law Update: Ajemian v. Yahoo!

Tax Law Update: O’Kagu v. Comm’r –Foreign Earned Income

Brianne Zimmerman The Internal Revenue Code (“the Code”) provides that qualified individuals[1] may exclude foreign earned income from an individuals’ gross income.[2] In general, the term foreign earned income means the amount received by the individual from sources within a foreign country or countries which constitute earned income attributable to services performed by such individual … Continue reading Tax Law Update: O’Kagu v. Comm’r –Foreign Earned Income