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615.846.9020 - direct phone
615.574.9020 - direct fax
rjm@mglaw.net
Areas of Practice - Diverse Business Law Practice
- Complex Business Litigation
- Disputes between Shareholders, Officers, and Directors
- Employment Law, Trade Secrets, and Non-competition Agreements
- Construction Law
- Healthcare and Peer Review Litigation
- Chapter 11 Bankruptcy and Bankruptcy Litigation
- Business Formation and Planning
- Business Transactions
Education - University of Chicago J.D. 1991
- University of Illinois B.A. 1988
Admissions, Memberships & Distinctions
- Licensed to practice law in Tennessee and Illinois
- Admitted to practice before U.S. District Courts for Middle District of Tennessee, Eastern District of Tennessee, Western District of Tennessee, Northern District of Illinois, and Northern District of Florida; U.S. Sixth Circuit Court of Appeals; and U.S. Supreme Court
- Nashville Bar Association (Bankruptcy Committee, Federal Court Committee (2006 Chair), Nashville Bar Foundation (Fellow))
- American Bar Association (Member, Law Practice Management Section)
- American Bankruptcy Institute
- Named "Best of the Bar" in Business Litigation by the Nashville Business Journal in 2003-2007
- Listed in Who's Who in American Law
- Included in the 2008 edition of Mid-South Super Lawyers
- Included in The Best Lawyers in Americaฎ in 2007 and 2008
Speaking Engagements - Frequently presents seminars for clients, attorneys, and other professionals.
Experience
Bob concentrates his practice in the areas of commercial litigation, business bankruptcy and business planning. He represents businesses and business owners in a diverse range of matters including employment, construction, intellectual property disputes, directors' and officers' liability, contract disputes, and general business disputes.
A substantial portion of Bob's practice is devoted to representing debtors, creditors, creditors' committees, trustees, and purchasers of assets in Chapter 11 bankruptcy cases. He frequently appears in Bankruptcy Court on a variety of matters including preference and fraudulent conveyance actions, stay relief motions, discharge and dischargeability actions, cash collateral litigation, valuation litigation, lease disputes, and contested confirmation hearings.
Bob also acts as outside general counsel for a number of companies. He counsels clients in all aspects of forming and operating businesses and participates in clients' management teams to formulate policy and strategy. Bob also provides guidance to help clients avoid and resolve disputes.
Representative Engagements
Litigation - Represented non-profit organization against former employee in dispute involving breach of employment agreement, breach of fiduciary duties, tortious interference, and misappropriation of trade secrets and confidential information.
- Represented corporation providing outpatient rehabilitation and physical therapy services in lawsuit against former employee, newly-formed competing company, and other individuals regarding breach of contract, tortious interference with contract and business relationships, and breach of fiduciary duty of loyalty. Obtained temporary restraining order against the breaching parties.
- Served as counsel for international supplier of cement, aggregates and concrete in connection with dispute with supplier for breach of contract and personal guaranty.
- Represented title company in multiple actions regarding title disputes and alleged negligence.
- Served as counsel for pharmacy in breach of contract dispute involving prescription packaging and printing materials.
- Served as counsel for bona fide third party purchaser of real estate in an equitable subrogation and misrepresentation dispute.
- Served as counsel for a prominent ophthalmologist in Jackson and Memphis in connection with a dispute with a former employee.
- Represented company that provides unemployment cost control services in connection with a dispute with two former officers and directors who started a competing company and took 40% of the company's business with them.
- Represented distributor of bottled water and its owner in a breach of contract dispute with a former employee.
- Served as counsel for manufacturer and distributor of high-end powered wheelchairs in breach of contract dispute involving promissory note and stock purchase agreement as well as a Lanham Act violation.
- Represented individual in state court litigation with regional bank and healthcare company over a loan due to the individual. Successfully convinced the trial court to dismiss client from the litigation.
- Represented client who was a shareholder of, and lender to, an international food production company in breach of contract action against the food company.
- Represented corporation and its majority owner in litigation with former employee over employment and retirement benefits.
- Served as counsel for a national automobile parts manufacturer on numerous matters including employment disputes, ERISA and NLRA litigation.
- Served as counsel for international manufacturing company in a dispute involving former employees' age discrimination complaints against the company.
- Served as counsel for a mechanical contracting firm regarding multiple disputes, including bond claims, lien claims, and disputes with general contractors.
- Served as counsel for a Clarksville contractor in dispute related to the 1999 Clarksville downtown tornado.
- Represented contractor in breach of contract and breach of fiduciary duty lawsuit against real estate owner.
- Served as counsel for contractor in dispute regarding the construction of a hotel.
- Counseled contractors in numerous bankruptcy litigation matters.
- Counseled numerous contractors in asserting lien and bond claims.
- Served as counsel for physician in a peer review dispute with Nashville hospital.
- Served as counsel for medical practice group in dispute with departing physician.
- Served as counsel for physician in dispute with former practice group.
- Represented physician and university professor in employment dispute.
- Counseled Ph.D. rocket scientist and Full Professor in connection with his university's efforts to remove him and several related disputes.
- Served as counsel for Nashville computer services corporation in successfully forcing competitor from using a name that was confusingly similar and infringed on the client's trademark.
- Served as defense counsel in patent infringement suit related to a pharmaceutical supply product.
- Counseled beneficiaries of multiple trusts in breach of trust and breach of fiduciary duty lawsuit against regional bank.
- Counseled software company in breach of contract action against manufacturer of industrial products that refused to pay licensing fees.
- Counseled national mortgage lender in breach of contract and breach of fiduciary duty dispute with title insurance company.
- Counseled private prison company in injunction action against financial services firm for breaching a right of first refusal on real estate located in Georgia. Successfully obtained temporary restraining order which led to an expedient resolution.
- Represented mortgage company in dispute with financial institution regarding the recovery of funds wired by the financial institution pursuant to bogus instructions from an unauthorized third party.
Insolvency
- In re Stanley Jones Corporation represented mechanical contracting company and affiliates in their Chapter 11 cases in Nashville. At the time of the filing, the company had offices in South Fulton, Nashville, and Knoxville, Tennessee, and Birmingham, Alabama. The company had been in business since 1946, was licensed in 35 states, had more than 400 employees, and had revenues of over $80 million during its last fiscal year.
- In re American HomePatient, Inc. represented publicly traded home healthcare company in its successful Chapter 11 reorganization that resulted in confirmation of a 100% Plan on the company's $300 million of debt. Obtained confirmation by defeating objection of lenders in a week-long trial with multiple financial experts. Successfully defended confirmation at U.S. District Court and Sixth Circuit. Bank of Montreal, et al. v. Official Committee of Unsecured Creditors, et al. (In re American HomePatient, Inc.), 420 F.3d 559 (6th Cir 2005).
- In re 1Point Solutions, LLC and Barry R. Stokes - represented 401(k) plans in connection with misappropriated employee 401(k) funds.
- In re Linear Logic - represented non-profit organization in connection with obtaining assets from the debtor.
- In re Belle Valley, Ltd. represented limited partnership operating 260 unit apartment complex in its successful Chapter 11 reorganization.
- In re Murray, Inc. served as co-counsel to the Committee in lawn and garden manufacturer's liquidating Chapter 11 case involving more than $300 million of debt.
- In re James River Coal Company, et al. represented more than 40 defendants in preference actions brought by the Trustee for the Unsecured Creditor Liquidating Trust.
- In re Fleming Companies, Inc., et al. represented 6 defendants in preference actions pending in Delaware.
- In re Reba Wynn Allen - represented real estate company to resolve dispute involving sale of the debtor's assets.
- In re Bostic-Neely Development Partnership - represented electrical contractor pursuing lien rights.
- In re Phoenix Restaurant Group, Inc., et al. represented 23 defendants in preference actions.
- In re Central Bi-Rite, Inc. represented creditor bank with security interest in real estate. Foreclosed on real estate and recovered proceeds from the sale of equipment and fixtures to fully repay loan.
- In re Fleming Companies, et al. represented former employees of Fleming Companies in matters related to employee benefits and the company's KERP program.
- In re Fleming Companies, et al. represented Alabama and Tennessee grocery stores and their owners in connection with asserting significant administrative expense claims and also in connection with allowing the grocers to terminate their wholesale supply agreements with Fleming.
Planning
- Served as outside general counsel for many companies, including real estate companies, medical practices, contractors, and professional service providers.
- Assisted medical, legal, and architectural professionals with general business advice, as well as establishing legal entities, buying and selling assets, and real estate transactions.
- Provided ongoing counseling to commercial landlords and real estate management companies regarding leases and tenant disputes.
- Counseled owners of interests in corporations and limited liability companies regarding their rights in connection with possible conflicts among owners.
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