Brook Lathram joined Bass, Berry & Sims PLC in May 2011. Prior to joining the firm, Brook spent his entire career at Burch, Porter & Johnson PLLC in Memphis. In his nearly forty years of practice, Brook has tried a wide variety of cases. In 2003, he was inducted as a Fellow in the American College of Trial Lawyers. Today, Brook focuses his practice on federal criminal trials and internal investigations; on complex business and commercial litigation, including antitrust, business tort and breach-of-contract cases; and on the defense of product liability claims.
Brook has taught courses on antitrust law and discovery in federal civil litigation at the Cecil C. Humphreys School of Law at the University of Memphis. For his discovery course, Brook prepared his own casebook, Cases and Materials on Discovery in Federal Civil Litigation (© 2005, 2007). Brook has published and presented several articles and papers on electronic discovery and expert testimony, and he has spoken on these topics on numerous occasions. He has been recognized by a number of publications, including Best Lawyers® for his work in the areas of bet-the-company and commercial litigation.
In 2009, Brook was asked by the Tennessee Supreme Court to serve as chair of the Court’s Advisory Commission on the Tennessee Rules of Evidence and Tennessee Rules of Civil Procedure. He will continue to hold that position until his term on the Commission expires by operation of statute at the end of 2011.
An avid reader with a special interest in history, Brook has compiled a large database on the Civil War. Brook’s other principal hobby is bass fishing on the Tennessee River.
Representative matters include:
- Lead counsel in defense of state legislator in highly publicized trial that resulted in acquittal on charge of solicitation to murder federal witness.
- Co-lead counsel for former elected official who was subject of corruption investigation.
- Lead counsel for global technologies company in investigation of alleged fraud.
- Lead counsel in several cases on behalf of individuals charged with bank, wire or mail fraud.
- Lead trial counsel for company sued in federal court in Memphis by Memphis-based company for alleged misappropriation of trade secrets; case resolved after trial had commenced.
- Lead defense counsel for medical technologies company sued in federal court for alleged inducement of breach of contract. Summary judgment rendered for client. JIT Concepts, Inc. v. Shelby Cnty. Healthcare Corp., et al., 358 F. Supp. 2d 678 (W.D. Tenn. 2005).
- Lead counsel for contractor in prosecution of claim for breach of insurance contract. Sixth Circuit affirmed trial court’s judgment in favor of client. Standard Constr. Co., Inc. v. Maryland Cas. Co., 359 F. 3d 846 (6th Cir. 2004).
- Lead defense counsel for large Memphis-based retailer in breach-of-contract case filed in state court; case resolved at conclusion of plaintiff’s proof.
- Lead counsel for seller of national pet food company in federal action involving Lanham Act and trade disparagement claims; case resolved prior to trial.
- Lead defense counsel for global manufacturer of personal water craft sued by dealer in federal court. Fifth Circuit affirmed grant of summary judgment. Lake Hill Motors, Inc. v. Bennett Yacht Sales, Inc., 246 F. 3d 752 (5th Cir. 2001).
- Lead defense counsel for privately owned company in federal action arising out of termination of broker. Sixth Circuit affirmed grant of summary judgment. Bodie-Rickett & Assocs. v. Mars, Inc., 957 F, 2d 287 (6th Cir. 1992).
- Lead defense counsel for municipal telephone company sued for monopolization. Sixth Circuit affirmed grant of motion to dismiss. Matrix Ent., Inc. v. Millington Tel. Co., 758 F. 2d 653 (6th Cir. 1985), 1982 Trade Cas. P. 66, 814 (unpub. Feb. 15, 1985).
- Lead defense counsel for large regional dairy sued in federal action brought by Commonwealth of Kentucky for alleged bid rigging; case resolved prior to trial.
- Lead counsel for waste disposal company in federal grand jury investigation of alleged customer-allocation conspiracy. No action taken by government.
- Lead counsel for gasoline wholesaler in state grand jury investigation of alleged price fixing. No action taken by state.
- Lead defense counsel in wrongful death action brought in state court against manufacturer of drug used to induce labor; case voluntarily dismissed by plaintiff immediately following deposition of plaintiff’s expert witness.
- Co-lead defense counsel in various federal actions brought against physician designers of spinal implants.
- Lead counsel in case argued in United States Supreme Court on behalf of indigent capital defendant. Payne v. Tennessee, 501 U.S. 808 (1991).
- Lead counsel for woman severely injured in motor vehicle accident. Sixth Circuit affirmed award of compensatory and punitive damages. Medlin v. Clyne Sparks Wrecker Service, Inc., 2003 WL 1194245 (6th Cir. Mar. 11, 2003) (unpublished).
Recent speaking engagements include:
- In May 2011, at the request of U.S. District Judge Daniel Breen, spoke to the Jackson, Tennessee Chapter of the American Inns of Court on ESI discovery issues.
- In June 2011, spoke at a CLE program sponsored by Federal Express Corporation on deposition issues - objections, instructions not to answer and related topics.
- In July 2011, along with U.S. Magistrate Judge Diane Vescovo, spoke on ESI discovery and evidentiary issues at a CLE program sponored by the Memphis City Attorney.
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