Kennerly Montgomery is pleased to offer its services to those contemplating or currently going through the divorce process. Our Divorce and Family Law practice group is headed by an attorney with thirty-three years of experience in this field, assisted by his paralegal of twenty years. The range of services include multi-layered divorce and child custody litigation, as well as assistance with agreed or less complicated forms of marriage dissolution.
Child Support
Cityview Magazine recognized Doug as a Top Attorney in Knoxville for the practice areas of Family Law/Divorce/Child Support and Juvenile Defense for 2021, with a repeat recognition for Juvenile Defense in 2022.
Child Custody and Visitation
Juvenile Custody On occasion, issues of child custody and support are brought before the Juvenile courts of this state when abuse, dependency, and neglect are alleged. We have decades of experience bringing satisfactory resolutions to these matters, and we are prepared to assist our clients in this difficult process.
Adoption
Premarital Agreement
Prenuptial & Postnuptial Agreements, Co-Habitation Contracts We encourage those contemplating marriage to consider negotiating a prenuptial agreement to avoid acrimony in the event of divorce and to protect premarital, inherited, and gifted property, and we are pleased to assist in that endeavor. On occasion, we assist clients in the preparation of post-nuptial agreements when couples seek to separate their finances while remaining married. Co-Habitation Contracts for those choosing not to marry should also be considered.
Spousal Support
We are veterans of hard fought court battles involving division of assets and debt, division of retirement benefits, child custody and support, parenting plans, alimony, and payment of fees. However, we also employ negotiation and mediation to amicably work through these same issues when possible and appropriate. Other related issues peripheral to divorce such as taxes, retirement plans, real estate, and small business matters are well-served by experienced attorneys in other practice groups working in conjunction with us, and we have research associates and paralegals to assist when needed.
For an ERISA attorney, Kathy has an unusual background. She spent the first 11 years of her career as a government attorney and prosecutor. During that time, she worked as a judicial clerk for judges on the Tennessee Court of Appeals and Tennessee Court of Criminal Appeals, as an appellate attorney for the Tennessee Attorney General’s Office, and as an Assistant District Attorney. She has tried cases before judges and juries and handled approximately 200 appeals before the Tennessee Court of Criminal Appeals, the Tennessee Supreme Court and the U.S. Sixth Circuit Court of Appeals. She credits the research, writing, and advocacy skills she gained during these years for her continued success in the realm of employee benefits, and while she works hard to keep her clients out of the courtroom, she is grateful that she has the experience and ability to assist them in the courtroom if needed.
Fraud
A 1990 graduate of Harvard Law School, MICHAEL S. KELLEY practices in the areas of municipal law, commercial litigation, and healthcare fraud. Mr. Kelley is admitted to practice before the United States Supreme Court, the U.S. Sixth Circuit Court of Appeals, the U.S. District Court for the Eastern District of Tennessee, and the trial and appellate courts of the State of Tennessee.
Cityview Magazine has recognized Kathy as a Top Attorney of Knoxville in the practice area of Employee Benefits/ERISA - Defense in 2015-2018, and 2020-2022, in which she won the Golden Gavel in 2022. She was also recognized in Business/Commercial Law and Corporate Law in 2021, and Labor & Employment Law - Employer in 2021-2022.
Mergers and Acquisitions
Articles in this edition include: Employee Training Programs; The Results Are In! City View 2017 Tennessee Top Attorneys; What is Planned Giving?; Attorney Spotlight: Briton Collins; Avoiding Employee Benefit Plan Surprises in Mergers and Acquisitions; ACA Reporting 2017: Are You Ready?
Business Disputes
Jim has also handled workers’ compensation matters for employers and workers’ compensation carriers since he joined the firm in 1987. He is a passionate advocate who works closely with his clients to achieve favorable claim resolutions. He has experience at all levels of workers’ compensation litigation and is no stranger to the courtroom. Jim is well known for his employment law knowledge and experience. He routinely advises employers on a wide variety of issues including FMLA, ADA and contract disputes. His objective is always to provide his clients with solutions that are tailored to meet their budgets and goals.
Business Transactions
JACK M. TALLENT, II has concentrated his practice in civil litigation in State and Federal courts and assisted clients with corporate and commercial transactions. He
Limited Liability Companies
Tri-Cities Estate Planning Council, “All in the Family: The Use of Limited Partnerships and Limited Liability Companies in Estate Planning,” 2002
Construction Contracts
Page Content The attorneys at Kennerly Montgomery are skilled in Tennessee commercial and residential development law. Working on behalf of lenders, developers, tenants and governmental agencies, the attorneys at Kennerly Montgomery are regularly involved in matters concerning the development of commercial and residential projects ranging from subdivisions and shopping centers to office buildings, apartment projects, hotel and resort-oriented developments. We handle all legal aspects of purchasing, financing, zoning, leasing, land-use covenants, construction contracts, condominium developments, and planned unit developments. Our attorneys regularly represent borrowers and lenders in a wide variety of real estate lending transactions, including FHA-insured multifamily project real estate financings.
Trade Secrets
The firm’s attorneys provide advice and guidance to clients on best practices for establishing and maintaining trade secret protection, as well as for avoiding claims of trade secret misappropriation or unlawful use. One important aspect of our trade secret practice is counseling clients in the often-difficult decision of whether to attempt to protect potentially patentable subject matter as a trade secret or under the scope of a patent.
Intellectual Property
Is an individual with a strong work ethic and an affinity for attention to detail. Mr. Gardner’s practice includes business entity law, technology transfer and commercialization, and general intellectual property law. In the area of technology transfer and commercialization, Mr. Gardner provides exemplary legal services related to intellectual property licenses and options, non-disclosure agreements, trademark registration, and more.
Unfair Competition
As with patents, a key element of the firm’s IP practice in the realm of trademark law is representation of clients before federal and state courts in the enforcement or defense of claims trademark infringement and/or unfair competition arising under federal and/or state law.
Page Content Kennerly Montgomery has attorneys experienced in assisting clients in navigating the hazards presented in today’s workplace. Our attorneys routinely deal with employment, civil rights, employee benefits, workers compensation, termination, and other workplace issues for our clients.
Employment Discrimination
The Supreme Court of the United States issued a landmark opinion on Monday, June 15, 2020, holding that Title VII of the Civil Rights Act of 1964 prohibits an employer from firing an individual based on homosexual or transgender status. The decision involves three cases, consolidated as Bostock v. Clayton County, where an employer allegedly fired an employee for being homosexual or transgender. In response, the employee sued, alleging sex discrimination under Title VII of the Civil Rights Act of 1964.
Employment Litigation
Ashley is dedicated to building long-standing, trusted relationships with her clients and understands that a single point of contact for timely resolution of employment-related issues is key. To that end, Ashley also spends a significant amount of her time helping clients navigate the prickly, and often unforgiving, landscape of the FLSA, HIPAA, COBRA, FMLA, ADA, and other employment-related legislation as well as everyday employment issues, like creation and application of employer policies and employee training. If you’d like to know more about Ashley’s take on her niche practice, click here.
If you are building, developing land, or borrowing or lending money secured by real estate, the attorneys at Kennerly Montgomery can assist you with navigating the intricacies of Tennessee Real Estate Law. Our experience includes...
Premises Liability
Representation of national and regional real estate development companies in commercial lease disputes, premises liability litigation, and wrongful detainer actions.
Construction Litigation
Page Content Our Kennerly Montgomery construction attorneys have experience representing parties in numerous types of construction disputes and claims and in various forums for dispute resolution. We have represented public and private owners, lenders, contractors, subcontractors, suppliers, architects, and engineers in various matters involving delay claims, defect claims, mechanic's and materialmen's lien claims, design deficiencies, payment claims, bond claims, contract interpretation, environmental issues, contractor licensing issues, and other claims relating to construction and design.
Real Estate Transactions
Page Content The attorneys at Kennerly Montgomery regularly represent national, regional, and community banks and lenders in a wide variety of complex litigation and transactional matters. Kennerly Montgomery frequently handles litigation matters on behalf of financial institutions in both state and federal courts and before arbitration tribunals. The firm also represents lenders in complex real estate transactions, including FHA-insured multifamily project financings.
Eminent Domain
Mr. Quillin’s governmental work on behalf of housing authorities, utility districts, municipal utilities and cities includes handling a very large volume of eminent domain lawsuits involving the acquisition of utility easements and of whole parcels of land for redevelopment and neighborhood improvement; advising them in the acquisition of real property; representing their governing boards during the conduct of their public meetings; advising and representing a housing authority client through contentious litigation over the composition and make-up of its governing board; representation of utility district clients in litigation with other utility districts, municipal utilities and cities over the scope of the utility districts’ service territory; service as issuer’s counsel for bond transactions; prosecution of detainer actions against housing authority tenants to recover possession of apartment units; representing housing authority clients in construction lawsuits against contractors and/or bonding companies; and providing general legal advice on the vast multitude of legal issues facing such governmental clients.
Easement
Land Use and Zoning
Landlord-Tenant Disputes
Over the last thirty years, JAMES N. GORE, JR., has built a reputation as a knowledgeable, personable and responsive counselor to his clients. He focuses his practice on commercial and residential landlord-tenant law representing landlords and property management companies in a wide variety of matters including lease drafting, resolving landlord-tenant disputes, evictions, collections of past due rent and discrimination disputes. He has worked with both public and private landlords. He has handled numerous Fair Housing claims before the Tennessee Human Rights Commission and HUD.
Coverage Opinions Insurance lawyers at Kennerly Montgomery have extensive experience in coverage analysis, commercial and personal lines, primary umbrella and excess coverage, and first and third party coverage. We handle a wide variety of coverage issues, including personal injury, construction defect, automobile and uninsured motorist, personal injury protection, homeowners, environmental, property, products, completed operations, and E & O and D & O issues. Coverage opinions and practice require legal analysis, research, and writing. The attorneys at Kennerly Montgomery are capable and prepared to handle these tasks.
Michael also assists personal representatives in the administration of estates in probate court and routinely handles conflicts that arise during estate administration, whether by ensuring that the wishes of the deceased are carried out or that heirs receive what is due them in a timely manner.
Wills
MICHAEL R. CROWDER helps his clients plan for life. He enjoys teaming up with his clients to formulate an estate plan that meets their wants and needs, and takes pride in creating wills and trusts that reflect his clients’ values and give them peace of mind regarding their legacy. Michael works hard to ensure that his clients’ assets are best utilized during their life and then smoothly passed along at death, taxes are minimized, protection from creditors is maximized, charitable intentions are fulfilled, and, most importantly, that loved ones are provided for.
Trusts
Articles in the Fall 2016 edition of the KM Newsletter include: Looking at Covenants Not to Compete and Input from the White House; KM Celebrates 100 Years; Are Employer Health Plans Required to Offer Gender Transition Coverage?; Charitable Organizations Lessening the Burdens of Government; Remain Qualified for Government Benefits Using Self-Settled Special Needs Trusts; The Results Are In!
Power of Attorney
Powers of attorney allow a person to appoint an agent to act on their behalf in case of incapacity or incompetence. Agents can be appointed to handle a person’s financial matters and to make health care decisions on behalf of the person.
Probate
Two recent cases in probate law highlight the importance of thorough planning. Clients of Kennerly, Montgomery & Finley benefited from both cases and current and future clients should note the lessons to be learned.
Page Content The firm practices in all areas of creditor's rights and bankruptcy law. This includes the representation of financial institutions and other lenders, account creditors and judgment creditors, insurance companies, landlords, tenants, business owners, secured and unsecured creditors, and other interested parties in Chapter 7, 11, 12, and 13 bankruptcies and matters arising in those cases. We are experienced in handling contested cases and adversary proceedings in bankruptcy court, including actions seeking automatic stay relief, challenges to preference payments and fraudulent conveyances, turnover actions, challenges to dischargeability, and other controversies arising under the Bankruptcy Code.
Foreclosure
In addition, our firm provides representation of clients in matters outside of bankruptcy, including recovery and collection actions, including security deed, UCC, and lien foreclosures.
Tax Law
WILLIAM E. (BILL) MASON, IV values his clients and the relationships he has built with them while practicing tax law for over forty years. He takes care to listen to all sides in the variety of complex legal matters and accurately understanding his clients, their partners, and their adversaries, he is able to construct a broad view of the issue and provide insight and give legal advice. Sometimes this includes thinking out of the box or through novel or non-obvious paths. Bill puts his clients first, objectively looking to the future and helping his clients address issues long before they become a problem. Because of this careful and measured guidance, his clients have trusted him to represent them in three seemingly contradictory practice areas: Technology Transfer, Economic Development, and Employee Benefits.