Bradley’s Todd Presnell and Kristi Arth Co-Author New Treatise Privileges and Protections: Tennessee and Sixth Circuit Law

Bradley is pleased to announce that partner Todd Presnell and counsel Kristi Arth have co-authored a treatise on evidentiary privileges recognized under Tennessee law and federal law within the Sixth Circuit.

A first-of-it-kind publication, Privileges and Protections: Tennessee and Sixth Circuit Law, published by LexisNexis/Matthew Bender, contains 16 chapters addressing over 40 evidentiary privileges and related protections plus an extensive examination of conflict-of-laws issues and the historical origins and development of evidentiary privileges. The book serves as the go-to resource for trial lawyers, judges, transactional lawyers, in-house counsel, and other legal professionals who need a practical guide for applying evidentiary privileges, an in-depth treatment of the history and the policy rationales underlying those same privileges, and recommendations for the further advancement of the many unanswered questions in this heavily litigated and complex area of law.

Former Tennessee Supreme Court Justice William C. Koch, Jr. authored the foreword, noting that, “With the publication of Privileges and Protections: Tennessee and Sixth Circuit Law, the bench and bar now have a single, authoritative point of entry into the workings of evidentiary privileges.”

Mr. Presnell co-authored the book with Ms. Arth, who was previously a partner in Bradley’s Litigation and Intellectual Property practice groups and is now an assistant professor of law & director of Field Placements at Belmont University College of Law. Ms. Arth is a Fellow of the American Bar Foundation and received the American Bar Association’s “On the Rise” award in 2022, which recognizes the top 40 young lawyers in the nation.

Mr. Presnell has an active trial practice, serves in discovery-counsel roles, and provides strategic counsel on internal corporate investigations. He has experience in studying, analyzing, and applying evidentiary privileges for clients and as a court-appointed Special Master to decide privilege-related disputes. Mr. Presnell counsels and advises in-house legal departments on establishing and protecting the corporate attorney-client privilege, consults with trial teams on discovery issues and motion practice regarding privilege-related objections, and leads and advises internal investigations.

A frequent author and speaker on privilege issues, Mr. Presnell is the sole creator and author of the legal blog Presnell on Privileges and has given more than 100 legal education presentations or client-focused privilege training sessions. He is a member of the American Board of Trial Advocates and is a past president of ABOTA’s Tennessee Chapter.