Business Litigation in Memphis & Shelby County
Commercial disputes, contract claims, and business torts handled with the preparation a Tennessee court expects and the attention a closely held business deserves.
Representing Tennessee Businesses in Complex Disputes
Brooks Law Firm represents businesses, owners, and executives throughout Memphis, Shelby County, and the surrounding West Tennessee region in commercial disputes of all sizes. Our practice is built on careful case preparation, a working knowledge of Tennessee commercial law, and straightforward advice about what a dispute is likely to cost and what it is realistically likely to achieve.
Business litigation is rarely just a legal problem. It is a threat to cash flow, to key relationships, to reputation, and to the time of the people running the company. Our role is to protect the client’s legal position while helping the client stay focused on the business. Whether that means aggressive motion practice in Chancery or Circuit Court, a negotiated resolution, or mediation, we work to match the strategy to the client’s actual goals.
Commercial Matters We Handle
Our civil litigation practice regularly handles the following categories of business disputes under Tennessee law:
Breach of Contract
Disputes over written and oral agreements, including performance, interpretation, anticipatory breach, damages, and defenses such as the Tennessee Statute of Frauds (Tenn. Code Ann. § 29-2-101).
Business Torts
Claims involving fraud, intentional misrepresentation, negligent misrepresentation, tortious interference with contract or business relations, civil conspiracy, and conversion.
Shareholder, Partnership & LLC Disputes
Disputes among owners of closely held entities, including derivative claims, member disputes, buy-sell disagreements, and actions under the Tennessee Revised LLC Act and Tennessee Business Corporation Act.
Non-Compete & Trade Secret Matters
Enforcement and defense of covenants not to compete, non-solicitation agreements, and confidentiality obligations, including claims under the Tennessee Uniform Trade Secrets Act.
Real Property & Commercial Lease Disputes
Boundary, easement, title, and life estate issues, commercial landlord-tenant matters, and disputes arising from the sale of real estate — often litigated in the Chancery Court of Shelby County.
Collections & Debt Disputes
Actions to collect sums owed on notes, invoices, guaranties, and commercial accounts, along with defense of creditor claims and disputes over the accounting between businesses.
Consumer Protection Act Claims
Claims and defenses under the Tennessee Consumer Protection Act (Tenn. Code Ann. § 47-18-101 et seq.), which reaches a wide range of unfair or deceptive business practices.
Equitable Relief
Injunctions, declaratory judgments, specific performance, rescission, reformation, and other equitable remedies available in the Chancery Courts of Tennessee.
Where These Cases Are Heard
Tennessee’s court structure is not intuitive to out-of-state clients, and it matters. Most of our business litigation is filed in one of the following forums:
- Chancery Court of Shelby County — the court of equity. Claims for injunctive relief, specific performance, declaratory judgment, accountings, and most disputes involving real property or trusts are often filed here.
- Circuit Court of Shelby County — the court of general jurisdiction for civil matters, including most claims for money damages.
- General Sessions Court — a limited-jurisdiction forum useful for smaller commercial claims where a faster, less formal process serves the client.
- U.S. District Court for the Western District of Tennessee — where diversity of citizenship, federal question jurisdiction, or a forum-selection clause places the matter in federal court.
How We Approach a Business Dispute
1. Early Case Assessment
Before a complaint or answer is filed, we work with the client to understand the contracts, communications, and commercial context driving the dispute. We identify the strongest claims or defenses, the likely evidentiary problems, applicable statutes of limitations, and threshold issues such as personal jurisdiction, venue, and arbitration clauses.
2. A Written Strategy
On significant matters, we prepare a written litigation plan — the claims at issue, the legal vulnerabilities on each side, the likely motion practice, a discovery plan, and a candid view of settlement posture. The plan gives the client a framework for deciding how much to invest in the fight and when alternative resolution makes sense.
3. Disciplined Motion Practice and Discovery
Most commercial cases are shaped well before trial — through the pleadings, Rule 12 motions, targeted written discovery, document production, depositions, and Rule 56 motions for summary judgment. We approach each of these as an opportunity to narrow the case, not simply paper it.
4. Mediation and Settlement
Tennessee courts strongly encourage alternative dispute resolution, and the majority of commercial cases resolve before trial. We prepare for mediation with the same rigor as trial: a tight damages analysis, a clear theory of liability, and a clear understanding of the client’s walk-away point.
5. Trial
When a case must be tried, it is tried. We believe the quality of a settlement is largely a function of how credibly a party can try the case, and we prepare accordingly.
Working With Brooks Law Firm
Brooks Law Firm is a Memphis-based practice serving clients across Shelby County and the surrounding area. The firm’s attorneys — Robert Brooks, Patrick Brooks, and Beth Brooks — handle each matter personally. Clients work directly with their attorney, not through layers of intermediaries, and receive honest assessments of what the law does and does not allow.
Spanish-language services are available. Consultations may be arranged in person at our Union Avenue office or by telephone.