Russell’s practice focuses on bankruptcy and litigation with an emphasis in commercial litigation, business disputes, financial products and broker-dealer litigation, and corporate and securities litigation.
Financial Services and Bankruptcy: Russell handles complex commercial bankruptcy cases, reorganizations and liquidations under Chapter 11 and Chapter 7 of the Bankruptcy Code. Russell has represented the interests of creditors and debtors in a variety of bankruptcy related matters such as contested stay relief matters, confirmation hearings, preference actions, fraudulent transfer actions, and other avoidance actions. Russell has also represented clients in bankruptcy appeals in federal District Court and before the Bankruptcy Appellate Panel of the Sixth Circuit Court of Appeals.
Commercial Litigation: Russell has represented numerous clients in a variety of commercial disputes, including claims under the Uniform Commercial Code and claims under a variety of state and federal consumer protection statutes, including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and The Tennessee Consumer Protection Act. Russell also has experience with commercial foreclosures, deficiency claims and other general commercial matters.
Business Disputes: Russell also represents clients in business disputes, including contract disputes, business torts, mergers and acquisitions, and business fraud. Russell has represented such businesses as Genesco, HCA, Cracker Barrel and Tri Star Energy, LLC in various business disputes. A former Certified Public Accountant, Russell has also represented accounting firms such as KPMG and Ernst & Young.
Corporate and Securities Litigation: Russell represents corporations and directors in corporate and securities matters, including securities class action cases, breach of fiduciary duty cases under Tennessee and Delaware law, and disputes arising from mergers and acquisitions. Russell has also been involved with internal corporate investigations and independent consulting matters involving the securities laws.
Financial Products and Broker-Dealer: Russell represents broker-dealers as well as individual financial advisors in arbitrations before the Financial Industry Regulatory Authority. Russell has experience representing broker-dealers in customer claims and financial advisors in transition cases.
Compliance and Government Investigations: Russell is also experienced in conducting internal and compliance investigations for clients of all size.
Representative Matters include:
- Successful defense of AutoZone, Inc. in consolidated adversary proceedings brought by Chapter 7 bankruptcy trustee alleging approximately $12 million in claims involving preferential transfers, turnover of estate property and recovery of accounts receivable. Following trial in April 2011, the United States Bankruptcy Court for the District of Delaware ruled in favor of AutoZone on its defense of recoupment and improper estate administration, and rejected all claims asserted by the Trustee.
- Successful representation of the sellers of a nuclear technology services business in negotiating a resolution to a dispute with the buyer over claims for indemnification under an Escrow Agreement.
- Defense of a large broker-dealer in bond fund litigation, involving a significant number of arbitration claims in several states.
- Representation of Genesco, Inc. in its successful litigation involving the breach of a $1.5 billion merger agreement.
- Successful representation of a large public accounting firm in a securities class action case in the Middle District of Tennessee.
- Representation of clients in a variety of general business disputes.
Russell was a former intern with the U.S. Securities and Exchange Commission in Boston and practiced for two years as a Certified Public Accountant with Ernst & Young, LLP in Nashville prior to attending law school. After graduating Order of the Coif from Vanderbilt University Law School, Russell worked in the firm’s Nashville office for approximately five years before moving to Knoxville in 2008.
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