- Divorce
- GuardianshipGuardianships and Conservatorships. Our attorneys serve as attorney of record in connection with guardianships for minors and conservatorships for disabled persons. We regularly represent family members in petitioning the court for the appointment of a fiduciary for the person and/or estate of a minor or disabled person. Our attorneys, from time to time, are appointed by the court to serve as Guardian Ad Litem in connection with such matters.
- Criminal DefenseMs. Hinds earned her law degree with high honors from the University of Memphis – Cecil C. Humphreys School of Law, where she was a Herbert Herff Presidential Law Scholar, the Associate Chief Justice of the Moot Court Board, and a Senior Associate Member of the Mental Health Law & Policy Journal. She received the CALI Award for highest grade in Evidence, Administrative Law, Property II, Criminal Law, Civil Rights, Tennessee Civil Procedure, and Criminal Procedure.
- Wrongful DeathHe has lectured extensively on federal local rules, patent litigation and trial practice issues including: the America Invents Act; the update on SCOTUS patent cases; patent litigation; patentability under 35 U.S.C. § 101; accounting defense; uses of demonstrative evidence at trial; Racketeer Influenced Corrupt Organizations Act; expert witness examination; class action lawsuits; and wrongful death, to name a few.
- Corporate LawBob Orians practices in the areas of business planning and transactions, taxation, general corporate law, creditors' rights and bankruptcy. He devotes the majority of his professional time to the negotiation and documentation of a variety of business transactions, ranging from the organization of start-up entities to the merger of two publicly-held companies. He also has substantial experience in representing creditors and borrowers in workouts, debt restructurings, reorganizations and bankruptcy.
- Mergers and AcquisitionsOur cross-disciplinary practice within mergers & acquisitions, secured transactions, and business formations means we know what questions to ask so that legal issues facilitate, but do not stand in the way of, completing the transaction. Martin Tate knows the options available and can close the transaction to its clients needs.
- Business FormationRetail law is at the busy intersection of many areas of law - intellectual property asset protection, advertising, consumer protection, employment law, acquisition, and disposition. The practice also calls for a broader expertise in real estate, taxation, litigation, business formation, and business transactions. A multi-disciplined approach is therefore crucial to developing the best business strategy.
- Business DisputesAs further evidence of our expertise in the field of ADR, Director and Shareholder David Wade is a certified mediator, and has taught the course in ADR at the Cecil C. Humphries School of Law at the University of Memphis for many years. He and other Martin Tate attorneys have served as mediators and arbitrators on major litigation and contract disputes for parties throughout the South.
- Business TransactionsIn addition to extensive experience in business transactions, Bob has handled litigation in the Chancery, Circuit and Probate Courts of Shelby County, Tennessee, the Tennessee Court of Appeals, the Tennessee Supreme Court, the United States Bankruptcy Court for the Western District of Tennessee, the United States District Court for the Western District of Tennessee, the Sixth Circuit Court of Appeals and the United States Supreme Court.
- Limited Liability CompaniesMartin Tate's tax practice is extensive, representing corporations, partnerships, sole proprietorships, limited liability companies, individuals, trusts and estates, and involving all types of federal, state, and local taxation in Tennessee, Mississippi, and Arkansas. Our attorneys handle matters involving income, franchise, excise, sales/use, business (gross receipts), property, gift, and estate taxes.
- Trade Secrets
- Intellectual Property
- Employment Discrimination
- Employment ContractThe firm also has experience in structuring employment agreements as well as various types of welfare benefit plans, stock option plans, cafeteria plans, and severance agreements. Additionally, we advise clients on complying with the fiduciary responsibility rules of the Employee Retirement Income Security Act (ERISA), including the prohibited transaciton rules and allocating responsibility among fiduciaries.
- Employment LitigationMartin Tate attorneys have been involved in forming and advising thousands of businesses in Tennessee, Mississippi, and Arkansas. We provide advice in selecting an effective and tax efficient business entity for our clients’ needs, including corporations, limited liability companies, professional organizations, partnerships, or nonprofit entities. We work with our clients’ accountants to identify and resolve tax issues. After formation, we answer our clients’ legal questions and help them resolve issues like director, manager, and officer compliance; management and control issues; financing; contract negotiations; employment issues; and ownership transition and succession planning.
- Severance Agreement
- Real Estate LitigationMr. Schubert focuses his practice on commercial real estate transactions. He has represented numerous Fortune 500 companies, regional and national commercial lenders, public and privately-held companies, real estate investment trusts (REITs), and investors in all types of real estate matters in markets throughout the United States. Mr. Schubert additionally serves as Tennessee State underwriting counsel for Alliant National Title Insurance Company.
- Premises LiabilityBryant Carlton joined Martin Tate in September 2022. He practices primarily in the firm’s litigation section where he represents clients in various aspects of civil litigation, including commercial litigation, business torts, breach of contract claims, negligence and premises liability defense, and transportation liability. In addition, Bryant is involved in the firm’s creditor’s rights and bankruptcy practice, where he represents clients in commercial and residential evictions, consumer repossessions, and foreclosure proceedings.
- Construction LitigationAlternative dispute resolution (ADR) methods, such as mediation and arbitration, are important means of settling disputes outside the courtroom for cost-efficiency and risk-avoidance and are recognized as the preferred option for settling conflicts in almost all civil practice areas. Accordingly, Martin Tate will advise clients, when entering contracts, how best to evaluate the option to choose mediation, arbitration, or both for settlement of future disputes. Arbitration clauses are standard in construction agreements, leases, and lending agreements, and mediation clauses are an emerging trend in all types of contracts. Even when the parties have not agreed to submit to ADR, courts often order mediation before advancing toward trial. Hence, both now and in the future, parties must consider the role of ADR as a viable method to identify their interests and to achieve the results they desire.
- Real Estate Transactions
- Land Use and ZoningThrough our Land Use & Zoning practice, the attorneys at Martin Tate represent developers, property owners, and interested parties who are petitioning the government to permit or to reject all types of property uses. On behalf of clients, our attorneys have achieved their goals to permit attractive and economically viable development initiatives in our community and, when appropriate, have successfully opposed plans that would have caused undesirable impacts to established, adjoining properties and neighborhoods. Our team is well versed in the applicable zoning ordinances and regulations to foster stable development, on the one hand, and to impede bad planning, on the other. We work closely with government planners and decision-makers on land-use petitions to obtain support for our clients’ petitions before all public boards, councils, and commissions.
- Landlord-Tenant DisputesLandlord-tenant law governs the obligations of parties to a residential lease. Providing guidance through this body of law, we regularly represent landlords in evicting tenants, recovering unpaid rent, and obtaining compensation for damages to the property. We also represent tenants with respect to claims against the landlord for failure to provide a habitable property and for breach of contractual obligations relating to maintenance and repair. In many cases, landlord/tenant disputes can be resolved with ADR, and our attorneys take into account the particularities of each unique situation in advising clients as to the best course of action.
- Property DamageSam Fargotstein is a Shareholder at Martin, Tate, Morrow and Marston, P.C. Sam has extensive trial and mediation experience representing individuals and businesses in various types of civil litigation including automobile accidents, landlord /tenant disputes, personal injury, property damage, premises liability, and breach of contract. Sam is a Rule 31 Listed General Civil Mediator. Sam is also a member of the firm’s Economic Development Team, advising client’s regarding local tax incentive programs and other transactions involving economic and business growth and development in Memphis and Shelby County.
- Personal InjuryThe transportation attorneys at Martin Tate understand the complex and constantly changing regulatory structure that governs the operation of the transportation industry as well as the economic and legal challenges it faces. We are committed to the effective representation of both insured and self-insured transportation companies in all aspects of personal-injury and property-damage litigation. Martin Tate also works closely with transportation intermediaries such as forwarders, brokers, and logistics consultants.
- Estate PlanningPrice’s practice is concentrated in the areas of estate planning, probate, wills, trusts and estate administrations. He is admitted to practice law in Tennessee. He joined the firm in 1983.
- WillsRussell works with people and families who are interested in protecting and preserving their hard-earned nest eggs and passing them on to the next generation. He advises clients in the areas of estate planning (including a wide range of wills and trusts), business formation and succession planning, family law, trust and estate administration, probate, conservatorships, and a variety of transactional law. What is unique about his practice is not only the long-term relationships that he builds with families, but also the comprehensive approach he takes to estate planning, which ensures that the client’s legal, financial, and tax goals are met. Representative clients include not only those who are establishing their own estate plans, but also people with aging parents who wish to maintain their dignity and preserve their nest eggs in the face of the rising cost of long-term care.
- TrustsPrice is a member of the Tennessee and Memphis Bar Associations and the Christian Legal Society. He has been regularly recognized in Best Lawyers in America and was recognized as a Lawyer of the Year in Tennessee for 2021. He has consistently received AV rating from Martindale-Hubbell Peer Review. He has been designated as an Accredited Estate Planner by the National Association of Estate Planners and Councils. He is a Fellow of the Memphis Bar Association Foundation. He often has spoken to community groups on various topics related to probate, wills, trusts and estates and has served as a substitute judge in the Shelby County Probate Court.
- Power of AttorneyEstate Planning: Preparation of simple and complex revocable and irrevocable trusts, wills, powers of attorney and other planning documents
- Probate
- Bankruptcy
- ForeclosureBy loyally serving our clients in good times and bad, Martin Tate has enjoyed loyalty from its clients, many of whom Martin Tate has represented for decades. For example, Martin Tate guided the founders of Holiday Inn through the development of its brand from its inception. Martin Tate assisted M.S. Carriers, Inc. as it grew from one truck through an Initial Public Offering with 5,000 tractors and 30,000 trailers, to the merger with Swift Transportation, which created the largest publicly-held truckload carrier in the United States. More recently, over a six-year period, Martin Tate represented four national banks in the foreclosure of a condominium project, the defense of sixteen materialmen liens, and through the sale of the project free and clear of encumbrances. We regularly help small business owners and individuals navigate the legal issues they encounter on a daily basis. Our greatest achievement is the number of times a satisfied client has retained us again.
- Tax LawMartin Tate attorneys assist companies and site selection specialists in the resolution of various state and local tax issues, and with obtaining both tax and non-tax incentives for their projects. Much of our work involves projects in West Tennessee, especially in Shelby and Fayette counties, and in North Mississippi.