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Tom Shumate
Nashville, Tennessee
Nashville, Tennessee Non-Compete and Business Interference Law Attorney
Interests: Helping clients in Nashville and around Tennessee resolve non-compete and business tort disputes
Recent Activity
What are the Differences between Common Law and Statutory Claims for Tortious Interference with a Contract?
Given these complexities and the 3-year statute of limitations, parties who have been injured by a third-party’s inducement of a breach of contract or have been accused of doing so should act quickly to preserve their rights or defenses and retain counsel to navigate them through the intricacies of prosecuting or defending these common law and statutory claims. Continue reading
Posted Nov 1, 2021 at Tom Shumate's Tennessee Non-Compete Law Blog
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No Need to Ask for Forgiveness if You Have Permission to Access Data under The Supreme Court’s Interpretation of the Computer Fraud and Abuse Act
Because the inquiry under the CFAA now addresses what information employees may obtain, not how they may use the information, employers should think strategically about how employees may potentially misuse information before they are permitted access. Conversely, employees should remain aware of how their use of company information may coincide with their employment agreement or violate state or federal laws such as those involving the breach of their duty of loyalty to their employer or misappropriation of trade secrets, even if such use no longer violates the CFAA. Continue reading
Posted Jul 7, 2021 at Tom Shumate's Tennessee Non-Compete Law Blog
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The Pandemic Prism: Post-Employment Restrictions in Tennessee during the COVID-19 Pandemic
Posted Apr 8, 2020 at Tom Shumate's Tennessee Non-Compete Law Blog
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Tennessee Court of Appeals Rules Regionally Restrictive Condition to Redeeming a Physician’s Partnership Shares Does Not Violate Public Policy
In February 2017, in Edwards v. Urosite Partners, 2017 WL 1192109, No. M2016–01161–COA–R3–CV (Tenn. Ct. App. March 30, 2017), the Tennessee Court of Appeals ruled that a partnership had the right to redeem the shares of a former partner who... Continue reading
Posted Jan 13, 2018 at Tom Shumate's Tennessee Non-Compete Law Blog
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Appraisal Company Must Show More Than Ordinary Competition to Prevent Appraiser from Working for Competitor
Davis v. Johnstone Group, Inc. involved a battle between two appraisal firms for the services of one John Jason Davis. Mr. Davis was hired by Johnstone Group, Inc. (“JCI”) in 1998 as a real estate appraiser trainee. JCI required Mr.... Continue reading
Posted Mar 13, 2016 at Tom Shumate's Tennessee Non-Compete Law Blog
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Does The "Sale of Insurance Products" Include "Telemedicine"? Not Unless Your Agreement Says So
The Tennessee Court of Appeals recently issued a ruling in John Hammer v. Southeast Resource Group, Inc., et al, which was appealed from the Chancery Court for Williamson County. The Plaintiff, John Hammer, founded a limited liability company called Action... Continue reading
Posted Mar 11, 2016 at Tom Shumate's Tennessee Non-Compete Law Blog
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Good Article from Knoxville News Sentinel Regarding Non-Compete Agreements
The Knoxville News Sentinel published a good article by attorney Chris McCarty regarding the enforceability of non-compete agreements in Tennessee. Courts disfavor them but will enforce them if they are reasonable. While the article discusses the reasonableness of time and... Continue reading
Posted Jun 3, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Ignorance of the Enforceability of a Contract is No Excuse
In Commil USA, LLC v. Cisco Systems, Inc., 2015 WL 2456617, *9 (U.S. March 31, 2015), a patent infringement action, the United States Supreme Court discussed the rule that ignorance of the law is no defense. In doing so, it... Continue reading
Posted May 29, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Great Memphis Mediator
I recently mediated a trade secret / non-compete dispute in Memphis. We used J. Brook Lathram as our mediator. If you are looking for a mediator in trade secret or business dispute in the Memphis area, you will be hard... Continue reading
Posted May 27, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Defamatory Statement May Also Constitute Intentional Interference with Business Relationships
In McCord v. HCA Health Services of Tennessee, Inc., 2015 WL 1914634 (Tenn. Ct. App. April 27, 2015), the Court of Appeals reaffirmed that an allegedly defamatory statement may also constitute the basis for a claim of intentional interference with... Continue reading
Posted May 4, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Review of An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants
I wrote recently about a blog post suggesting that the enforceability of employee noncompetes be tied to CEO compensation. Well now I'm going to write about a law review article regarding CEO noncompetes. But first, I want to thank attorney... Continue reading
Posted Apr 30, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Nonsolicits versus Noncompetes
Eric Ostroff raises some good points in his article, "Sometimes, A Non-Solicitation Agreement Is Enough" Courts are more likely to enforce a non-disclosure agreement than a non-solicitation agreement. And they are more likely to enforce a non-solicitation agreement than a... Continue reading
Posted Apr 28, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Interesting Article Regarding Noncompetes and CEO Pay
Check out Donna Ballman's blog post about tying the enforceability of noncompetes to CEO pay. While I don't agree with her proposal, it's an interesting read given the broader use of noncompetes these days. Continue reading
Posted Apr 24, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Scrutiny of Low-Wage Workers' Non-Competes Continues
Sounds like the scrutiny of non-competition agreements for lower-wage workers is picking up steam with the feds. You can read more about the possible involvement of the FTC and DOL here. Continue reading
Posted Jan 14, 2015 at Tom Shumate's Tennessee Non-Compete Law Blog
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Nike Sues Former Designers Joining Addidas
Posted Dec 10, 2014 at Tom Shumate's Tennessee Non-Compete Law Blog
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Article Regarding Employer Protection of Confidential Business Information in Tennessee
The December issue of the Tennessee Bar Journal contains an article by William Rutchow (who represents management) about the Tennessee Uniform Trade Secrets Act. The article is entitled, "Employer Protection of Confidential Business Information in Tennessee." It identifies the following... Continue reading
Posted Dec 6, 2014 at Tom Shumate's Tennessee Non-Compete Law Blog
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Jimmy John's makes low wage workers sign two-year...
Jimmy John's makes low wage workers sign two-year non-competes. Their sandwiches are good but not that good. http://www.huffingtonpost.com/2014/10/13/jimmy-johns-non-compete_n_5978180.html Continue reading
Posted Oct 14, 2014 at Tom Shumate's Tennessee Non-Compete Law Blog
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Tom Shumate has shared their blog Tom Shumate's Tennessee Non-Compete Law Blog
Sep 22, 2014
Interesting Article Regarding Increased Use of Non-Compete Agreements
Posted Jun 24, 2014 at Tom Shumate's Tennessee Non-Compete Law Blog
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Trouble in Nail Paradise - Part I: Non-Competes Are Enforceable Against Independent Contractors And "Low-Tech" Industries If They Are Otherwise Reasonable
Posted Mar 24, 2014 at Tom Shumate's Tennessee Non-Compete Law Blog
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Intentional Interference with Business Relationships in Tennessee: An Overview, Update, and Litigation Tips
I want to thank M. Lee Smith Publishers for inviting me to speak last week on "Intentional Interference with Business Relationships in Tennessee: An Overview, Update, and Litigation Tips." The webinar agenda included: Tennessee’s adoption of the tort of interference... Continue reading
Posted Mar 10, 2014 at Tom Shumate's Tennessee Non-Compete Law Blog
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Reap What You Sow
The Winter 2009/2010 edition of Legal Strategy Review included an article by Jonathan Ball and Paul Griffin entitled, "Unlawful competition: is your data safe?" That article discussed "the rules of redress in England and Wales should ex-employees use data unlawfully."... Continue reading
Posted Aug 19, 2010 at Tom Shumate's Tennessee Non-Compete Law Blog
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Mar 15, 2010
LAW TECH 2010
POSTSCRIPT: NETWORK SOLUTIONS GROUP WAS ONE OF THE SPONSORS OF THIS EVENT. YOU CAN LEARN MORE ABOUT IT AND SEE SOME PHOTOS OF THE EVENT AT THE FOLLOWING LINK: http://www.nsgllc.com/nsg-sponsors-law-tech-2010/ I'm producing the Tennessee Bar Association's annual Law Tech 2010... Continue reading
Posted Feb 23, 2010 at Tom Shumate's Tennessee Non-Compete Law Blog
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