Defended The Tuscaloosa News in a libel suit
Successfully defended The Tuscaloosa News, a New York Times paper, in a libel suit filed in the United States District Court for the Northern Division of Alabama.
Defended the Times-Daily in a libel suit
Successfully defended the Times-Daily, a New York Times newspaper, in a libel suit in the Circuit Court of Lauderdale County, Ala., securing a dismissal.
Defended The Huntsville Times in libel and privacy suit filed by police officer
Successfully defended The Huntsville Times, a Newhouse Paper, in a libel suit and privacy filed in the Circuit Court of Madison County, Alabama, by a Huntsville police officer. The Alabama Supreme Court affirmed the summary judgment on appeal.
Defended The Huntsville Times in libel and privacy suit filed by fire chief
Successfully defended The Huntsville Times, a Newhouse paper, in a libel and privacy suit filed in the Circuit Court of Madison County, Alabama, by the Huntsville fire chief. The Alabama Supreme Court affirmed the summary judgment on appeal. Reported at 18 Med.L.Rptr. 1742.
Defended IBM in a libel suit
Successfully defended IBM in a libel suit brought in the Circuit Court of Madison County, Ala. Dismissed by court.
Defended Time, Inc. in a libel suit regarding article in Sports Illustrated
Defended Time, Inc. in a libel suit brought by former University of Alabama football coach, Michael Price, regarding an article appearing in Sports Illustrated. Settlement reached.
Defended television station in a defamation lawsuit
Defended WAFF 48, a RayCom television station, in a defamation lawsuit filed by former Alabama football player, Freddie Roach. Settlement reached.
Successful participation as amicus curiae on complaint
Successful participation as amicus curiae on complaint under Alabama Open Records Act and on appeal to the Alabama Supreme Court.
Successful participation as amicus curiae in application for rehearing
Successful participation as amicus curiae in application for rehearing before the Alabama Supreme Court on question of rhetorical hyperbole.
Successful participation as amicus curiae for criminal prosecution of Governor of the State of Alabama.
Successful participation as amicus curiae in Montgomery County and on appeal to the Alabama Court of Criminal Appeals on issue of access to pretrial and trial proceedings of criminal prosecution of Governor of the State of Alabama.
Defense of action by Airport Authority against The Huntsville Times
Successful defense of action by Airport Authority against The Huntsville Times in Madison County Circuit Court. Affirmed on appeal to the Alabama Supreme Court.
Successful defense based on reporter’s privilege
Successful defense based on reporter’s privilege involving photographs of violent strike by union workers in Jackson County, Alabama. (Reported in 13 Med. L. Rptr. 2167).
Currently defending The Southern Poverty Law Center in libel suits
Currently defending The Southern Poverty Law Center in libel suits pending in United States District Courts for the Districts of Columbia and Western Kentucky.
Transfer of book rights of author
Successful transfer of remaining book rights of author, Juanita Bynum, to Time Warner Book Group.
Represented a music holding company in an exclusive license agreement
Represented a music holding company in an exclusive license agreement for an album of J3 Records’ artist “Bishop Joseph W. Walker, III Presents Judah Generation.”
Represented a music producer
Represented a music producer in the successful negotiation and execution of a producer agreement regarding an album by the artist Al Green entitled “I Can’t Sleep.”
Black v. Sussman, 2011 WL 2410237 (Tenn. Ct. App. June 9, 2011).
The firm represents Clint Black, a well-known country music artist, and several of his companies in a multi-million dollar lawsuit against Black’s former business manager and related business entities for breach of fiduciary duty, accounting malpractice, breach of contract, misrepresentations and violations of the Tennessee Consumer Protection Act. The trial court granted summary judgment for the business manager on the grounds that there was a single gravamen of the complaint that sounded in accounting malpractice and that all claims were barred by the one-year statute of limitations. The trial court also granted summary judgment as to a second group of defendants against whom Black alleged partnership liability for the wrongful acts of the business manager on the grounds that there was no proof that Black relied on the defendants’ representations of a purported partnership.
Black appealed the trial court’s summary judgment rulings. The Tennessee Court of Appeals reversed and remanded the case for trial. The appellate court held, in a question of first impression in the Middle Section of Tennessee, that a complaint may have more than one gravamen and Black’s complaint alleged claims based on the business manager’s breach of his fiduciary duties as a business manager as well as for accounting malpractice, among other claims, and that there were questions of fact regarding which claims involved business management services and which claims involved accounting services. The appellate court further held that there were genuine issues of fact as to when Black knew or should have discovered that he had been injured by the business manager’s alleged wrongdoing. The appellate court also reversed the trial court’s ruling on the partnership liability of the second group of defendants, finding that there were genuine issues of fact as to Black’s reliance on the defendants’ representations of their business management partnership and the trial court erred in granting summary judgment.
Representation of Various Religious Publishers
The firm represents several religious publishing companies based in Nashville on matters relating to intellectual property protection, publishing agreements and vendor agreements, as well as the publishing arm of a major denomination based in New York. For example, we serve as primary outside counsel for Church Publishing, Inc., the publishing arm of the Episcopal Church, and advise them on a wide variety of matters, including intellectual property protection, publishing contracts, multimedia, web site issues, vendor agreements, music publishing, and software development and licensing. The Methodist Church’s and the Southern Baptist Convention’s publishing operations are also based in Nashville, and we have long provided intellectual property advice to these organizations. We have also represented the United Methodist Publishing House, The General Board of Discipleship and the General Board of higher Education and Ministry for many years, including on intellectual property and First Amendment matters.
Integrity Media Group -w- P.O.D. Partnership
Dispute between one of largest publishers and distributors of religious music genres and one most successful Christian rock bands over issues associated with “automatic extension” of renewal options and obligations under recording and distribution agreements. Settled in Spring 2011 on terms very favorable to client (Integrity).
Represented Songwriters Guild of America
Served as special litigation counsel and represented non-profit association of songwriters in various disputes concerning the collection and payment of royalties from third-party publishing companies and other licenses of copyrighted works, including issues associated with the termination, protection and reversion of copyrights, as well as litigation involving interpleaders and adjustments of royalties payable through third-party publishers.