Kelley, Michael S, ATY

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Phone: (865) 546-7311

Address: 550 W Main St, Knoxville, TN 37902

Website: http://kmfpc.com

Kelley, Michael S, ATY

Family Law

Divorce
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
Child Custody and Visitation
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
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.

Criminal Law

Criminal Defense
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.
Theft
Money Laundering
In an effort to combat money laundering, terrorism funding, tax fraud, and other illegal financial activity, Congress enacted the Corporate Transparency Act (“CTA”).

Business and Corporate Law

Corporate Law
Kevin Escalona is developing his practice across the Firm's Employee Benefits, Pension, and ERISA, Real Estate, Business and Corporate, and Civil Litigation and Appeals groups. He is focused on building his expertise in FHA-insured and other real property transactions, business and corporate law, employee benefits, and civil litigation.
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
Mr. Gardner graduated from the University of Tennessee College of Law with a Concentration in Business Transactions from UT’s Clayton Center for Entrepreneurial Law in 2013. While in law school, Mr. Gardner served as Acquisitions Editor for Transactions: The Tennessee Journal of Business Law and Articles Editor for the Tennessee Law Review. Prior to attending law school, Mr. Gardner earned a Bachelor of Arts degree from the University of Tennessee in 2010, where he double majored in Political Science and History.
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
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
Intellectual Property
Zackarij ("Zack") R. Gardner 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.

Employment Law

Workers Compensation
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.
Non-compete Agreement
In a memorandum issued on May 30, 2023 (the “Memo”), the General Counsel (“GC”) for the National Labor Relations Board (“NLRB”) declared that most non-compete agreements violate the National Labor Relations Act (“NLRA”).

Property Law

Real Estate Litigation
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
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
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
(C) in the practice area of Construction Law every year since 2008 and in the practice area of Litigation - Construction every year since 2011, including 2025. In 2022, he also was recognized in the area of Commercial Litigation for the first time, and again 2024 and 2025. In 2024, he also received a new recognition in Litigation - Land Use and Zoning, which continued again in 2025.
Landlord-Tenant Disputes
At Kennerly Montgomery, our Landlord-Tenant lawyers specialize in representing both commercial and residential landlords for a variety of issues and disputes. We provide these services across a variety of forums including mediation, arbitration, and litigation.
Property Damage
Mr. J. Eric Harrison is a seasoned litigator with 30 years of practice experience. He has tried countless jury and bench trials in state and federal courts in multiple jurisdictions concerning various areas of law. His primary area of focus is personal injury, property damage and construction litigation, on both the defense and plaintiff sides. He also has an extensive background in employment law, criminal and family law, real estate litigation, as well as wills and estate cases and municipal law. He also has extensive appellate court experience, having successfully argued cases before the Tennessee Court of Appeals and Tennessee Supreme Court. Mr. Harrison is also a Tennessee Supreme Court Rule 31 listed Mediator in both general civil and family law mediation. Mr. Harrison is the alternate Municipal Court Judge for the City of Morristown. He previously served as the legal counsel for the Hamblen County Humane Society.

Health Law

Personal Injury
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.
Auto Accidents

Trusts and Estates

Estate Planning
Beginning his career working at a dairy farm, Adam McDonald knows the value of hard work and dedication. Adam brings that same hard work, dedication, and energy in representing his clients. Adam focuses his practice on estate planning, administration, and litigation, but also practices in other civil litigation matters.
Wills
He also practices in the areas of real estate, domestic relations, and wills and probate. Jeff regularly appears before Tennessee state and federal courts at the trial and appellate levels through all phases of complex litigation. Jeff is a skilled and experienced litigator who listens to clients to understand what they want to accomplish and works diligently to help them achieve their goals.
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.

Finance Law

Bankruptcy
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
We counsel our nonprofit clients with respect to the purchase, sale, lease and management of real property. We also assist clients with real estate tax issues including exemptions.

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