Anthony J. McFarland
Tony McFarland has more than 30 years of experience working with leaders at public and private companies, particularly those in the financial services and healthcare industries, in complex individual and class action business litigation and disputes.
Tony has represented and counseled clients involving:
- Financial institution and broker-dealer liability claims, including those brought under the Gramm-Leach-Bliley, Dodd-Frank Wall Street Reform and Consumer Protection, and Bank Secrecy Acts, Regulations E and J, the Tennessee Financial Records Privacy and Tennessee Consumer Protection Acts, and the Electronic Funds Transfer Act, and those incorporating customary negligence and misrepresentation accusations.
- Data security and privacy matters, including electronic information security best practices, data breach ramifications and response, data retention plans, and design and use of creative technology solutions for data management. Tony is the immediate past chairman of the Lex Mundi Knowledge Management Subcommittee.
- Public and private company business disputes, including claims involving breach of contract and fiduciary duty, unjust enrichment, misrepresentation, securities violations, and other business-related activities, including high dollar insurance coverage disputes.
Memberships
Nashville Bar Association — Chancery and Circuit Court Committee; Federal Court Committee
Tennessee Bar Association
Lex Mundi — Technology Task Force; Cyber-security Working Group; Global Cyberbreach Rapid Reaction Task Force; Knowledge Management Subcommittee, Past Chair
American Health Law Association (AHLA)
Representative Experience
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Successfully defended a firm financial institution client against claims arising out of cyber theft of funds of one of its commercial customers
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Represented firm bank clients in purported class actions alleging the ATMs of the banks failed to comply with accessibility requirements of the Americans with Disabilities Act
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Defending firm bank clients against class actions alleging they processed ATM and debit card transactions in a manner to maximize overdraft fees to its customers
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Represented a firm bank client in a purported class action alleging the bank’s automated teller machines (ATMs) failed to comply with notice requirements under the Electronic Funds Transfer Act (EFTA)
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Represented the Episcopal Diocese of Tennessee in a dispute with St. Andrew’s Parish’s decision to disaffiliate from the Church in protest to certain doctrinal issues
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Handled more than 40 FINRA arbitrations arising out of the collapse of the mortgage-backed securities market during the 2008 recession
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Represented Wyeth Pharmaceuticals Inc. in the defense of approximately 2,500 cases filed in Tennessee related to the anti-obesity drug fen-phen
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Represented Genesco Inc. in connection with the negotiation of a merger agreement and subsequent litigation for Genesco to be acquired by Finish Line
Publications
Past Events
Media Mentions & Firm News
Accolades
The Best Lawyers in America© — Banking and Finance Law; Commercial Litigation; Litigation: Banking and Finance; Litigation: Securities; Mass Tort Litigation/Class Actions: Defendants; Personal Injury Litigation: Defendants; Product Liability Litigation: Defendants (2007-2021)
Mid-South Super Lawyers (2007-2009, 2011-2019)
Nashville Bar Foundation — Fellow