PUBLICATIONS

ATTORNEY CHRIS MCCARTY ON FAKE DEGREES

March 2010 – Associate attorney Chris McCarty in the March issue of The Practical Litigator writes “Spotting and Using Evidence of Fake Degrees” which details how litigators might spot fake degrees and use that underlying misrepresentation to attack a witness’s credibility at trial. See Full Article

The Practical Litigator is a publication of the American Law Institute - American Bar Association

ATTORNEYS DAVID DRAPER AND KATRINA ATCHLEY IN MEALEY’S INSURANCE LEGAL NEWS

January 2010 - No Coverage For Personal Injury Claims Caused By Asbestos Or Mold, Judge Says
An insurer owes no coverage to an insured for underlying personal injury claims caused by exposure to asbestos and mold because the policies at issue include exclusions for fungi or bacteria and asbestos, which clearly preclude coverage, a Tennessee federal judge said Dec. 30 (Pennsylvania National Mutual Casualty Insurance Co. v. HVAC Inc., et al., No. 08-303, E.D. Tenn.; 2010 U.S. Dist. LEXIS 121022). Full story

ATTORNEY JOHN J. BRITTON ON EMINENT DOMAIN

ATTORNEY JANET HAYES ON TRADING SPACES THROUGH MERGERS AND ACQUISITIONS

March 2009 – Lewis King Employment Law attorney Janet S. Hayes co-authored, “Trading Spaces Through Mergers and Acquisitions – How the New Name on the Building Affects the Office” found in the March edition of ACC Docket – The Journal of the Association of Corporate Counsel. The article details some of the employment issues that should be considered when companies merge. See Full Article

Reprinted with permission of the authors and the Association of Corporate Counsel as it originally appeared: "Trading Spaces Through Mergers and Acquisitions - How the New Name on the Building Affects the Office" ACC Docket 27, no. 2 (March 2009):28-36 Copyright © 2009 the Association of Corporate Counsel. All rights reserved. If you are interested in joining ACC, please go to www.acc.com, call 202.293.4103, ext. 360, or email membership@acc.com.

ATTORNEY ED OWENS ON AN IMPORTANT NEW BANKRUPTCY DECISION

CHRIS MCCARTY ON IDENTIFYING AND UNDERSTANDING THE ECPA

February 2009 – Lewis, King, Krieg & Waldrop associate attorney Chris McCarty, in a recent DICTA article, addressed the exceptions and exemptions to the Electronic Communications Privacy Act (“ECPA”) that often allows law enforcement and private employers to bypass individual privacy protections.”  But he cautioned readers that the ECPA remains a complex statute whose borders and applications grow with each passing day.  See Full Article

ATTORNEY WINSTON HARLESS WRITES FOR THE DEFENSE

January 2009 - In For The Defense, a DRI publication, Lewis King Shareholder and publications chair for DRI’s Lawyers’ Professionalism and Ethics Committee, attorney Winston Harless advised attorneys to be careful using rationalizations when attempting to determine whether a conflict is a conflict. See DRI Article

DRI is an international membership organization of all lawyers involved in the defense of civil litigation. http://www.dri.org/

LEWIS KING CONSTRUCTION GROUP ATTORNEY, JIM KYLE, ON TENNESSEE LIEN LAW

October 2008 - Lewis King associate attorney Jim Kyle addresses the new Tennessee Lien Law in, SPECK, a monthly publication of the Knoxville Chapter of the Construction Specifications Institute (CSI). Kyle writes "the initial step to take before asserting a lien claim is to understand the terminology used in the new statute" -- Section 66-11-101 et.seq. of the Tennessee Code Annotated. The 2007 Amendments introduced some new terms while redefining others. For example, the old terminology of contractor, subcontractor, furnisher, materialman, mechanic, laborer, founder or machinist have essentially been eliminated from the statute. Now, each person who has a right to a lien is defined as either a "prime contractor" or a "remote contractor."

See article as published in SPECK

Link to CSI - Knoxville Chapter

LEWIS KING CFO BILL KUNKEL ON THE BOTTOMLINE

September 2008 – In the September issue of DICTA, a publication of the Knoxville Bar Association, Lewis, King, Krieg & Waldrop Chief Financial Officer, William (Bill) Kunkel, examines how he and other law firm financial managers can help lawyers improve their firms’ bottom line.  In “The Last Word” Kunkel described ways in which a CFO or financial officer may add value by making organization, communication, and financial management a priority.  He maintains that waiting for obsolete data after month end benefits neither the individual attorney nor does it increase the firm’s profitability.  Kunkel concluded that valuable information such as attorney billable time worked, investment time and fees collected should be on each attorney’s desktop on a daily basis.

Bill Kunkel has been with the Lewis King law firm for six years.  He has over 30 years experience as a CPA and financial advisor with fourteen of those years spent at PricewaterhouseCoopers. (See Full Article).

THE ENFORCEABILITY OF LIMITED LIABILITY CLAUSES

August 2008 – In a recent publication, Lewis King associate attorney, Katrina Atchley, examines the enforceability of Limited Liability Clauses as applied to professional persons or businesses operating in the area of public interest. In the Summer edition of the Tennessee Young Lawyer, a publication of the Tennessee Bar Association Young Lawyers Division, Ms Atchley writes, “Whether drafting or seeking to enforce a limited liability provision, the key consideration is whether the court will interpret the provision as limiting exposure, but still allowing significant enough exposure to discourage negligence.” See Full Article

Article provided by permission of the TENNESSEE BAR ASSOCIATION YOUNG LAWYERS DIVISION and the Tennessee Young Lawyer.

LEWIS KING ATTORNEY CHRIS MCCARTY WRITES ON LIABILITY IN SCHOOL ATHLETICS

April 2008 - Lewis King associate attorney Chris W. McCarty recently wrote an article on liability in school athletics for Inquiry & Analysis, a monthly journal published by the National School Board Association's Council of School Attorneys (NSBA - COSA). In the article, titled "No Pain, No Gain: Liability for Deaths and Injuries in School Athletics," Mr. McCarty explores how the arrival of comparative fault changed the litigation of sport-related claims." Read article

LEWIS KING CONSTRUCTION GROUP ATTORNEY, JIM KYLE, ON COMMERCIAL GENERAL LIABILITY

May 2007 - Lewis King associate attorney James B. Kyle wrote an article on Commercial General Liability Policies (CGL) for SPECK a monthly publication of the Knoxville Chapter of the Construction Specifications Institute. In the article, Jim discusses a recent Tennessee Supreme Court decision affecting Commercial General Liability policies and what you should do if you receive a reservation of rights letter or a Complaint for Declaratory Judgment from your insurer." Read article

ATTORNEY RICHARD W. KRIEG AND ATTORNEY JAMES B. KYLE IN TRANSPORTATION UPDATE

April 2007 - Lewis King attorneys Richard Krieg and Jim Kyle co-wrote an article published in Transportation Update, a publication of the ALFA International Transportation Practice Group. The article titled, “The Strong Arm of Military Subrogation” addresses how the rise in troop mobilization has resulted in more service families traveling to visit their loved ones. “With additional travel, it follows that accidents involving active duty service members or their dependent family members have increased.” See the article as it appears in the Transportation Update.

ALFA International is the oldest network of law firms in the United States and remains one of the largest worldwide. Founded in 1980, ALFA’s 130 member law firms maintain offices in over 100 major U.S. metropolitan areas and 40 nations.