Litigation

For small and medium-sized businesses, litigation can be a distraction and a source of frustration.  It can be expensive, stressful, and demanding. As small business owners, we know that the day-to-day affairs require constant attention and management.  We believe your focus should be on what you do best—running your business—and your lawyers should insulate you from the disruptions.  

There are thousands of competent litigators who want your business.  But you want more than competent.  You want a litigation team that is experienced, understands how to communicate, and respects your budget.  Without this understanding and respect, lawyers can easily be seen as expenses instead of value propositions.  With our extensive experience, dedication to communication with clients, and commitment to staying within the budget, we are perfectly equipped to handle your litigation needs.

The goal is to make decisions that minimize your risk on the front end, and if that doesn’t work, to work out a business deal amicably in a conference room. The reality is that achieving your business goals or successfully defending your business sometimes requires a courtroom.  Regardless of where a resolution is reached, our energy is always spent on placing you in the best position possible to walk away as an economic winner.  Our clients range from large public companies to individual professionals, and no client is more important than any other.  We take the same approach to litigation in every case: agree on a strategy and a budget, advance the case diligently, communicate at every stage, and obsess over how the details fit into the big picture.    


Insolvency / Chapter 11

The insolvency world is full of legal minefields that need to be navigated carefully.  Whether the client is a Chapter 11 debtor or a creditor, effective representation takes experience, business acumen, and an understanding of leverage points.  It also requires the practical ability to dissect a set of financial statements, put together a 13-week cash flow analysis, and know how a client's expense ratios compare to the market.  This knowledge and skillset can be the difference between success and failure.  

A substantial portion of our clients are Chapter 11 debtors, or clients in need of reorganization or restructuring. Companies with good business models struggle with insolvency every day.  Families are affected and livelihoods are altered. To avoid this unfortunate result, our approach is simple.  We assess the situation by getting a firm grip on the financials and figuring out the choke points.  Then we develop a strategy to restructure operations, work with creditors, and ultimately do whatever it takes to place the business on the road to recovery.  Chapter 11 is a last resort, but when necessary we stand ready to maximize every benefit available under the Bankruptcy Code. 

We’ve filed Chapter 11 bankruptcy cases for all types of companies in all types of industries, including real estate, construction, retail, agriculture, services, healthcare, dentistry, and restaurant.  Regardless of the industry, our philosophy remains the same: no viable business should go down without a fight.  


Real Estate

With all the real estate acquisitions and investments in Middle Tennessee, a lot of people stand to make or lose a lot of money.  In order to preserve and protect real estate assets, conscientious lawyering is required.   We’re there on both ends:  transactional (deals need to address all the details) and litigation (disputes need to be resolved to preserve equity). 

Here are some real estate areas we’ve handled:

  • Title defects

  • Easements

  • Adverse possession, encroachment, and boundary disputes

  • Partition actions

  • Quiet title

  • Deed reformation

  • Landlord/tenant disputes

  • Horizontal property regimes

  • Commercial lease agreements

  • HOA governance

  • Debt and equity financing for commercial real estate projects

  • Builder/contractor/construction disputes

While real estate builds wealth, a downturn in the market can lead to depressed values, reduced cash flow, and minimal borrowing power.  Our real estate practice also includes representing these individuals or entities to reorganize their real estate or construction business under Chapter 11, or to protect their interests as a creditor in Chapter 11.