W. Scott Rose
615.846.9021 - direct phone
615.574.6021 - direct fax
wsr@mglaw.net



Areas of Practice
  • Business Litigation and Dispute Resolution
  • Employment Law, Trade Secrets and Non-competition Agreements
  • Disputes between Owners, Partners, Officers and Directors
  • Contract and Lease Disputes
  • Bankruptcy Litigation
  • Franchise Law
  • Business Formation and Planning
  • Business Transactions
Education
  • University of Virginia – J.D. 2000
  • Vanderbilt University – B.A. 1994 (magna cum laude)
Admissions, Memberships & Distinctions
  • Licensed in Tennessee and Kentucky
  • Admitted to practice in all Tennessee state courts and before the U.S. District Courts for the Middle and Western Districts of Tennessee and the Northern District of Florida, U.S. Court of Appeals for the Sixth Circuit, and U.S. Supreme Court
  • Nashville Bar Association (Board of Directors, Young Lawyers Division, 2002-present)
  • Tennessee Bar Association
  • American Bar Association
  • Law Clerk to The Honorable Robert L. Echols, Chief Judge of the U.S. District Court for the Middle District of Tennessee (2000-2002)
Experience


Scott represents business clients on a diverse range of litigation and planning matters. He has extensive experience litigating cases involving non-competition agreements, employment law, contract disputes, ownership conflicts, and general business disputes. He also handles transactional matters for business clients including business formations, employment contracts and handbooks, sales agreements, commercial leases, stock and asset sales and protection of intellectual property. Scott works with business clients to minimize liability exposure through effective planning and risk management.

Speaking Engagements
  • Rules and Procedures for Federal Court Success. National Business Institute. February 2007.

  • Essential Skills for Drafting LLC Operating Agreements. National Business Institute. July 2006.

  • When an Ex-Employee Sues: What Human Resource Professionals Need to Know. Williamson County Human Resource Professionals Association. March 2006.

  • What Business Owners Should Do to Protect the Value of Their Business. Home Builders Association of Middle Tennessee. December 2005.
Representative Engagements

Litigation
  • Obtained injunction in the U.S. District Court for the Middle District of Tennessee on behalf of an oil and natural gas company against a former employee who had stolen proprietary information and was violating a non-competition agreement.

  • Obtained injunction in Davidson County Chancery Court on behalf of upscale beauty salon and day spa against former employee who had misappropriated customers and was violating a non-competition agreement.

  • Defeated attempt by a broker-management company to enforce non-competition agreement in Davidson County Chancery Court against a company that rented buses to well known country and rock bands on tour.

  • Ousted partner from prominent Nashville company in Davidson County Chancery Court for misappropriation of company funds and breach of fiduciary duty.

  • Collected overdue account and secured return of large industrial machine from a Nashville company on behalf of Canadian manufacturing company in Davidson County Chancery Court.

  • Won summary dismissal for lack of jurisdiction on behalf of Florida corporation that had been sued in Davidson County Chancery Court.

  • Obtained dismissal in Davidson County Circuit Court on behalf of employee-leasing company in dispute over workers' compensation insurance premium audit.

  • Successfully represented and settled case on behalf of employee- leasing company against its workers' compensation insurance carrier regarding the proper classification codes assigned to particular employees in the annual premium audit.

  • Represented masonry company in litigation before the Tennessee Department of Commerce and Insurance in a dispute with its workers' compensation insurance carrier regarding whether various workers were properly classified as employees or independent contractors in the annual premium audit.

  • Won summary judgment on behalf of medical waste processing company in race and pregnancy discrimination lawsuit in the U.S. District Court for the Middle District of Tennessee.

  • Obtained dismissal on behalf of Nashville consulting company in Davidson County Circuit Court in sexual harassment lawsuit.

  • Served as co-counsel in municipal investigation uncovering evidence that the city's former attorney had defrauded the city and embezzled hundreds of thousands of dollars of taxpayer money, leading to a negotiated settlement and disbarment of the attorney.

  • Represented cabinetry company in securing the return of a heavy piece of industrial equipment from Wisconsin corporation in receivership through litigation in the U.S. District Court for the Middle District of Tennessee and the Circuit Court of Sheboygan County, Wisconsin.

  • Obtained favorable settlement on behalf of marina on Old Hickory Lake against its former owner after extensive litigation in complex accounting case in Davidson County Circuit Court.

  • Represented towing company on appeal to Davidson County Chancery Court of decision by the Metropolitan Transportation Licensing Commission to revoke its wrecker license.

  • Obtained judgment in Williamson County Chancery Court and collected on a bond at the Tennessee Department of Financial Institutions on behalf of a homeowner defrauded by a mortgage company in Franklin, Tennessee.
Planning

  • Drafted numerous employment and non-competition agreements.

  • Prepared formation documents for numerous corporations and limited liability companies.

  • Drafted commercial leases for popular Nashville restaurant and a Trademark License Agreement for boutique retail shop in Cool Springs.

  • Negotiated and drafted a wide variety of business contracts.

  • Served as Outside General Counsel for popular Middle Tennessee restaurant franchisor with 19 locations and ongoing corporate, franchising, trademark, and contract matters.

  • Served as Outside General Counsel for leading Tennessee provider of upstream Internet service.

  • Served as Outside General Counsel for several companies in the construction industry, including the area's leader in the construction and installation of custom swimming pools and waterfalls.

  • Served as Outside General Counsel for several other local companies including an audiology practice, a printing company, a mortgage brokerage company, a car repair shop, an accounting practice, a software training company, a fitness studio, and various franchisees.


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