Litigation and Dispute Resolution
We offer a wide range of experience in all areas of litigation and dispute resolution and represent our clients at all levels in state and federal courts, before government agencies, and in private arbitrations and mediations.  Attorneys in our litigation group have received numerous professional honors and their work has earned them recognition by their peers and by the community in general. 

 

General and Commercial Litigation in Federal and State Trial Courts. 

We advocate our clients’ interests in virtually all areas of general and commercial litigation, including contract disputes, business torts, antitrust issues, insurance coverage disputes, securities litigation, discrimination and harassment claims, estate and trust litigation, constitutional issues, state and local tax issues, defense of class actions, and defense of  medical malpractice claims.

 

Appellate Practice.  

Sherrard & Roe is often called upon to represent clients in the appellate courts in cases that are of particular import.  We have briefed and argued numerous cases in the United States Courts of Appeal, primarily in the Sixth Circuit, as well as in the Tennessee Court of Appeals and the Tennessee Supreme Court.  Our attorneys have been involved in cases resulting in dozens of reported decisions in areas such as business torts, health law, constitutional law, corporate governance, employment law, and trusts and estates.

 

Securities Arbitrations. 

We have extensive experience in securities arbitrations before the National Association of Securities Dealers (NASD), as well as in private and NASD-sponsored mediation of such disputes.  We have successfully represented brokerage firms in a full range of customer disputes – including claims of unsuitability, unauthorized trading, churning, breach of fiduciary duty, negligence, fraud, and negligent hiring, training, and supervision – and we have represented both brokerage firms and individual brokers in industry disputes over raiding claims and the enforceability of restrictive covenants.   We have also successfully represented clients in court litigation ancillary to arbitrations, such as motions to compel arbitration and to stay court proceedings pending arbitration and petitions to confirm arbitration awards.

 

Estate and Trust Litigation.   

We have specialized expertise in handling contested trust and estate matters, including complex will contests, at all administrative, trial, and appellate levels.  We defend executors and trustees in proceedings challenging the manner in which they have discharged their fiduciary duties.  We also represent beneficiaries of substantial estates and trusts in litigation seeking to assert their rights.

 

Employment Law. 

Our employment law practice gives us the opportunity to represent clients in administrative proceedings before state and federal agencies and before trial and appellate courts.  We consult with and advise employers on a regular basis regarding compliance with wage and hour law, discrimination and disability law, the Family Medical Leave Act, ERISA, whistle-blower claims, non-compete and confidentiality agreements, workers compensation law, and the like.  Our attorneys often present seminars on various employment law matters both to our clients and the general public.  We are also frequently involved in the negotiation and interpretation of employment agreements, most often involving executives or physicians.

Insurance Coverage.

We routinely advise both policyholders and insurers on a wide variety of insurance coverage matters.  We have particular experience in litigating declaratory judgment actions, bad faith claims, and breach of contract claims.  Our attorneys have extensive experience in mediating complex coverage disputes.  We are available to help insurers and policyholders resolve potential coverage issues in order to avoid litigation, when possible.

To represent your interests most efficiently and effectively, particularly in sophisticated and complex business and corporate matter, our litigators often draw upon the special expertise of their colleagues at Sherrard & Roe who practice in other areas of the law. 

We also team up with our colleagues in the legal community to provide continuing legal education seminars, to teach at area law schools, to serve on various state and federal court committees, and to contribute to state and local bar association litigation sections.