McSween Philip S

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Phone: (615) 726-7334

Address: 211 Commerce St Ste 1000, Nashville, TN 37201

McSween Philip S

Family Law

Divorce
Adoption
Guardianship
Estate planning and probate. We work with clients to create comprehensive estate plans which reduce income and estate tax liability while addressing the specific needs of the individual client. We also counsel clients in matters of probate and trust administration, post-mortem planning, marital agreements (both prenuptial and postnuptial), guardianship and conservatorship actions for minors and incapacitated adults, and the preparation of gift and estate tax returns.

Criminal Law

Criminal Defense
Criminal Antitrust Defense. In our criminal antitrust defense practice, we represent companies and individuals in state and federal investigations, from grand jury appearances through trials and appeals. We are experienced in defending against criminal investigations, negotiating plea agreements, managing whistleblowers and confidential informant allegations, as well as advocating for our clients who are involved in parallel proceedings where criminal and civil charges stem from the same investigation or set of facts. Our criminal defense attorneys are former prosecutors at the federal and state level with significant trial experience, including at the Department of Justice’s Division of Antitrust.
Wrongful Death
Tried to a successful jury verdict the first long term care wrongful death case to go to verdict in more than a decade, for one of the largest privately-owned nursing home chains in the country.
Fraud
Health care and pharmaceutical fraud. Our Health Care Fraud team regularly responds to multi-faceted health care-related investigations, including those with criminal, civil and administrative implications, by government entities. Our ability to partner a significant collection of attorneys with government experience alongside our in-house regulatory specialists ensures that we have the knowledge and experience to help clients navigate the layers of potential risks. Our clients include some of the nation's largest hospital systems, individual long-term care facilities, pharmacy and lab chains, and smaller physician practice groups, among others. Clients benefit from the litigation and trial advocacy experience of the former prosecutors, agents and white collar defense attorneys, many of whom have decades of experience helping health care providers navigate the nuances and requirements of the Department of Justice (DOJ) and its agencies and contractors.
White Collar Crimes
White Collar Crime. Baker Donelson has decades' worth of experience representing individuals and corporations who are under investigation or otherwise entangled in the criminal process at all levels of prosecution – local, state or federal. Over the years, the Firm has successfully guided corporate entities, C-level officers, board members, senior executives, elected or appointed public officials, and a host of other professionals through complex criminal investigations. While each case presents its own set of unique facts yielding different strategies for our clients, our GEI group has had a number of successes in criminal litigation against the government. Some of our best successes have come in connection with representations of individuals or entities during which our attorneys have persuaded government prosecutors, during the investigatory phase of a criminal matter, from bringing criminal charges altogether. Other successes have come by closely examining the work of the investigators after litigation has commenced, resulting in pre-trial dismissals of criminal cases by courts. Finally, on the merits, we have had a number of successes by persuading juries and/or judges as to our clients' innocence; in other words, taking our clients' cases to trial and winning. Our GEI group is made up of a number of former prosecutors, former federal agents and former governmental counsel with decades of experience in working on white collar criminal matters. Our lawyers have received a number of accolades for their work on criminal matters, including recognition in
Theft
Embezzlement
We have deep experience conducting workplace investigations involving a wide range of allegations of employee wrongdoing, including harassment and discrimination and employee fraud and embezzlement, and have done so for small businesses and Fortune 500 companies alike. In some cases, the best defense may be for a client to conduct its own internal investigation, and in those instances, our attorneys coach clients on how to do so most effectively. In other cases, or we conduct the investigations ourselves and provide comprehensive reports on our findings.
Restraining Order
These measures also ensure that, when a violation or breach occurs and legal action is necessary, a solid foundation for enforcement has been established. Our litigation teams are prepared to swiftly gather and analyze evidence (which often includes electronic data and metadata), secure forensic examinations and experts, and seek appropriate damages and injunctive relief, including temporary restraining orders and preliminary injunctions until permanent relief can be obtained. We represent our clients in claims under applicable state laws and under federal laws such as the Defend Trade Secrets Act, Computer Fraud and Abuse Act, and Stored Communications Act.
Money Laundering
Manslaughter
Represented an offshore oil and gas producer in a federal criminal investigation and prosecution regarding an explosion on a company-owned platform. The explosion resulted in three fatalities, for which the company was criminally charged with multiple counts of manslaughter. After a multi-year investigation and prosecution, the company received a substantially reduced sentence – including a technical violation of environmental regulations and a minimal fine – and manslaughter counts were dismissed by the DOJ.
Internet Crimes
Website and mobile application development and UX design, mobile applications, internet law (website terms and privacy policies, including cookies, industry-specific privacy and security notices, and ADA requirements), and e-commerce

Business and Corporate Law

Corporate Law
Corporate representation. Our attorneys represent companies in the aviation industries with regard to general corporate counseling, corporate governance, corporate finance, and securities matters. We also support a number of companies that don't have an internal legal department as outside general counsel, giving clients access to the broad range of practice areas where Baker Donelson has experience and capability.
Mergers and Acquisitions
Baker Donelson represents companies in connection with securities law compliance, reporting, mergers and acquisitions, public and private offerings (both debt and equity) and a wide variety of related matters governed by federal and state securities laws.
Business Disputes
Pharmaceutical, medical device and life science companies confront the same types of commercial disputes as other businesses. Our litigators’ deep knowledge of these industries, gained through our business, regulatory and product liability experience, enables us to fully appreciate our clients’ specific dispute resolution goals and concerns. Our teams provide a full spectrum of services, including work on commercial, intellectual property and contract disputes, antitrust actions, regulatory counseling and assistance with government investigations.
Business Transactions
Our lawyers assist clients daily with the wide-ranging issues of business technology law. With more than 150 years of cumulative experience within our Business Technology Group, Baker Donelson provides clients with counsel on all types of business transactions involving the purchase, sale and licensing of technology products and services.
Limited Liability Companies
Prepared numerous limited liability companies and trusts to transition the operation and transfer the ownership of real estate, active businesses, oil and gas interests, and other assets to accomplish orderly and tax-efficient transfers to the next generation of managers and family members.
Construction Contracts
As a dedicated core team within a larger firm, we also collaborate across the Firm's numerous practice areas to support our clients' needs. For example, we work with our construction practice area to prepare and review federally-assisted construction contracts; our tax practice area to appeal Paycheck Protection Program loans; our bankruptcy practice area in support of clients in financial distress who are also seeking FEMA reimbursement of amounts owed to debtors; our data protection, privacy, and cybersecurity team to prepare data security policies and agreements; our environment, social, and governance team to support clients efforts to be compliant with environmental and historic preservation rules in their completion of emergency and permanent work projects; our government contracts team to support clients' efforts to collect sums from government purchasers; our government enforcement and investigations team in responding to audits or investigations; our nationally ranked health care practice to support clients in response and recovery from pandemic events (including COVID-19); and our broader government relations and public policy team to amplify our clients' voices in advocating for change.
Trade Secrets
Management of global intellectual property portfolios, including registration and enforcement of copyrights, trademarks and patents and trade secret protection
Intellectual Property
Represented a software company in a breach of contract dispute with a state agency, resolving intellectual property issues arising from the contract.
Unfair Competition
Successfully defended a physician hospital organization against claims that it conspired to boycott a surgery center and two of its physician investors from the outpatient surgery market in the Memphis area in violation of the Sherman Act, as well as state law unfair competition and tortious interference claims in the United States District Court for the Eastern District of Arkansas.
Antitrust
Clients in the food and beverage industry rely on us to provide antitrust advice on issues ranging from distribution agreements to defending antitrust cases. Our antitrust litigation experience includes multidefendant nationwide class actions, multidistrict litigation, state class action cases, and state attorney general suits. We also advise clients in state and government investigations, criminal antitrust matters, mergers, and transactions before federal agencies (including Hart-Scott-Rodino filings), and Robinson-Patman Act price discrimination and resale price maintenance issues. Our antitrust attorneys counsel Fortune 500 clients on horizontal and vertical matters, monopolization, benchmarking, acquisitions, and consumer protection issues.

Employment Law

Workers Compensation
We provide full-service labor and employment legal services, from helping food and beverage clients create policies and implement effective training, to wage and hour, Equal Employer Opportunity Commission (EEOC) charges, workers' compensation, Occupational Safety and Health Administration (OSHA) compliance, labor laws, and reduction in workforce, among other legal and operational issues. We provide counseling, training, and strategic advice on all employment-related laws and regulations, and when necessary, we defend our clients in district and federal courts across the country. Additionally, we provide strategic guidance and immigration counseling services to companies and their employees, including immigrant and non-immigrant visa processing. Baker Donelson's attorneys regularly appear before the National Labor Relations Board (NLRB), the EEOC, the Department of Labor (DOL), and occupational health and safety boards.
Wrongful Termination
While we work hard to help our clients avoid litigation, should it occur, our first objective is to gain a clear understanding of our clients' goals. Relying upon our extensive courtroom experience, we defend the allegations levied against our clients, such as employment-related tort actions and claims of wrongful discharge or unlawful discrimination. We represent clients before the DOL, NLRB, and the EEOC, among other regulatory bodies. If our client's goal is to resolve the matter quickly, we are experienced in mediation and negotiation of settlement terms that enable us to conclude the matters effectively and efficiently.
Employment Discrimination
Successfully defended an international auto parts company in a FMLA and age discrimination case that was dismissed on summary judgment.
Employment Contract
Obtained summary judgment for a mental health facility and its individual board members in an action alleging breach of employment contract, Section 1983, freedom of association, and intentional infliction of emotional distress claims.
Employment Litigation
Our lawyers are committed to the industry. We know how transportation industry companies operate, we know the regulations and laws that are unique to it, and we know how to tie it all together. Clients rely on us for all of their needs, from every type of litigation issue to the full scope of labor and employment issues. They come to us for help with appropriations, DOT and FAA regulation concerns, national and international mergers, consolidations, sales, acquisitions and roll-ups, 24-hour emergency accident investigation assistance and more. They know we understand and will help them comply with federal, state and local regulations, and when needed, reach out to appropriate governmental personnel on their behalf.
Sexual Harassment
Successfully defended and obtained full summary judgment on behalf of a national restaurant client in a hotly contested case in which the plaintiffs claimed sexual harassment, retaliation, and gender discrimination and sought over $400,000 in damages and reinstatement.

Property Law

Real Estate Litigation
Provided a mid-Atlantic poultry integrator with legal counsel on all aspects of the transaction relating to environmental, natural resource, and real estate matters, including assistance in transferring permits and conducting due diligence on 88 acres in Linkwood, Maryland. Under a complex asset purchase agreement, the company assets were transferred to Valley Proteins in 2014 for $37.5 million.
Premises Liability
Litigation. When litigation occurs, we provide a vigorous defense. Our litigators represent automotive clients in an array of complex and routine disputes, including product liability covering a wide array of alleged defects, breach of warranty, dealer litigation, premises liability, contract disputes, and general commercial litigation, among others. We have served as lead trial counsel for major domestic and foreign automobile manufacturers in Tennessee, Maryland, Virginia, North Carolina, Kentucky, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Indiana, Michigan, the District of Columbia, and Puerto Rico.
Construction Litigation
Represented a provider of infrastructure services in connection with various issues concerning an engineering, procurement and construction contract regarding the Maurepas Pipelines Project, which has three separate pipelines measuring approximately 100 miles in aggregate, and three new pumping stations. The project spans Ascension, St. Charles, St. James and St. John the Baptist parishes in Louisiana and will provide local refineries with pipeline access to domestically produced crude oil. The latest issue has involved contesting $20+ million in liens asserted by the pipeline owner in four parishes.
Real Estate Transactions
Baker Donelson's Real Estate Group advises clients on a wide spectrum of real estate transactions, including developments, financings, single asset and portfolio sales and acquisitions, leasing, like-kind exchanges and title insurance.
Eminent Domain
Settled an eminent domain matter on behalf of a fast food restaurant corporation involving a corner interstate site in Clayton County in metro Atlanta. The Department of Transportation condemned the principal access to the site, thus decreasing the value of the property. The DOT paid $2.3 million pursuant to the consent judgment to conclude the settlement, which represented a 200 percent increase over the original sum offered by the DOT.
Easement
Land Use and Zoning
Wireless Telecommunications. The Firm's wireless telecommunications practice enjoys one of the largest and most robust practices in the country in the support of the network real estate needs of carriers and infrastructure providers. The wireless team handles cell site development, ground leases, tower colocations, in-building and distributive antenna system licensing, and small cell technology licensing on a national basis, including comprehensive due diligence associated with the deployment of network real estate. The wireless team also boasts land use and zoning attorneys of significant experience and reputation to assist with the difficult permit requirements often associated with such facilities. Lawyers within the group also have more than a decade of experience in handling acquisitions and dispositions of tower portfolios and all other real estate aspects of spectrum and market acquisition, and disposition activity.
Property Damage
Obtained summary judgment for an automobile manufacturer in a product liability case involving high exposure property damage claims after successfully excluding an expert witness who attempted to offer fire cause and origin opinions on the grounds that his opinions were unreliable.

Immigration Law

Citizenship and Naturalization
Employment Immigration

Health Law

Personal Injury
Product Liability. Baker Donelson has a deep bench of attorneys with extensive product defect experience in the automotive industry. We manage single cases and multiple-suit, mass-tort, large class actions as well as high stakes "bet the company" cases involving serious personal injury or death. We have a strong track record defending such cases in some of the nation's most dangerous venues, and we have proven experience with the complex technical, scientific, and medical/health issues involved with these claims. For more than 20 years, we have served as the go-to law firm for product defect cases for one of the largest automotive manufacturers in the U.S.
Medical Malpractice
Baker Donelson's attorneys work with facilities to develop policies, procedures and strategic plans designed to minimize or avoid litigation. If litigation becomes unavoidable, we employ early case resolution methods such as mediation, settlement or arbitration. Should the matter proceed to trial, our attorneys are licensed in more than 30 states and have tried cases in virtually every jurisdiction. We defend the full gamut of claims, including abuse and neglect, medical malpractice, slip and falls, and violations of federal and state regulations. Our team represents long term care facilities in survey appeals. We also manage litigation and discovery for our clients, overseeing other outside counsel in the defense of claims.
Auto Accidents

Trusts and Estates

Estate Planning
Our tax attorneys work closely with lawyers in our firm's other practice areas to provide comprehensive representation. We advocate effectively for clients on a vast array of federal and state tax, estate planning, retirement planning and business succession planning matters, including...
Trusts
Power of Attorney
Presented oral argument before the Tennessee Supreme Court on an issue of first impression involving whether the existence of a durable power of attorney lifts the tolling of the statute of limitations for an incompetent resident.
Probate

Finance Law

Bankruptcy
Foreclosure
Bankruptcy and Restructuring. Baker Donelson's bankruptcy attorneys have represented a number of clients in the automotive bankruptcy and restructuring area, including floor plan lenders, secured lenders, mezzanine lenders, dealership owners, and buyers and sellers of distressed automotive assets. We have represented floor plan financing lenders with repossessions, foreclosures, and bankruptcies involving multiple automobile dealerships across the southeast, and obtained substantial judgments against dealer principals. We have also had numerous trials before U.S. Bankruptcy Courts for major automotive creditors of consumer credit issues, including relief from automatic stay, objections to confirmation, defense against adversary proceedings, and complaints for turnover.
Tax Law
Baker Donelson's tax team advises clients on the full range of individual and business tax matters. Our team of more than 60 tax lawyers counsels individuals and businesses throughout the United States.

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