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Rett Hixson reposted thisRett Hixson reposted this🧇 The NLRB has changed its mind about workplace profanity three times in six years 🧇 On Sept. 23, the Boards new Republican majority brought back the 2020 General Motors framework in Lion Elastomers. That ends the Biden-era boards 2023 detour, which gave employees much more room for abusive conduct as long as it happened during protected concerted activity. The Board insists it isn't technically overruling anything. It says its just acknowledging that the Fifth Circuit already vacated the 2023 decision. In other words, it didn't break the vase, its just noting the vase is on the floor. Either way, Wright Line burden-shifting is back. Employers get to argue they'd have imposed the same discipline for the misconduct regardless of the protected activity. The EPL angle is bigger than it looks. For the past few years, HR teams have been stuck between two regimes. Title VII and state law told them to shut down racist, sexist, or abusive conduct quickly. The NLRA told them that conduct might be protected if someone said "overtime" or "safety" in the same breath. Hesitation in that gap is how hostile-work-environment claims get written. This decision narrows the gap. Employers should now be more willing to discipline bad conduct promptly and consistently, which is the kind of behavior we like to see in underwriting. My advice? Don't rewrite your handbook in pen. The dissents non-acquiescence argument hasn't gone away, the majority deliberately left the formal overruling for another day, and Board composition swings with the current administration. Insureds should build discipline processes that survive either standard: documented, consistent, and tied to the conduct rather than the grievance. How many of your insureds actually adjusted their approach after 2023, and how many will even notice the reversal? #EPLI #ManagementLiability #NLRB #LaborLaw #EmploymentPractices #HRCompliance #RiskyBusiness #BRP https://lnkd.in/gpFqTQjdNLRB Reinstates Previous Standard for Offensive Worker ConductNLRB Reinstates Previous Standard for Offensive Worker Conduct
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Rett Hixson posted thisHeaded to Boston for the PLDF Annual Meeting, September 23-25. Looking forward to a great few days of programming, catching up with friends and colleagues, and connecting with others in the professional liability community. #pldf #chartwelllaw #professionalliability #errorsandomissions #marketing Chartwell Law
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Rett Hixson shared thisA memorable day in my legal career: I had the privilege of arguing before the Tennessee Supreme Court today. Appellate advocacy is one of the most challenging and rewarding parts of practicing law, and I am grateful for the opportunity to represent my client before the Court. Thank you to everyone who helped prepare for this argument, especially April Romeo Barret Albritton Bo Hixson and my Chartwell Law colleagues who let me annoy them by talking about my argument. #appellateadvocacy #tennesseesupremecourt #tennesseelaw #civilprocedure
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Rett Hixson reposted thisRett Hixson reposted thisCongratulations to the 34 Chartwell attorneys recognized in The Best Lawyers in America® 2027! This year’s honorees represent Chartwell offices across 12 states and a wide range of practices, with each earning the distinction through peer review. Read more about our 2027 honorees: https://bit.ly/4xdwF8P
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Rett Hixson reposted thisRett Hixson reposted thisMeet the newest attorneys to join Chartwell during the first half of August. Together, they bring significant litigation experience to our teams in New York, Tennessee, Texas, and New Jersey. Jack Marshall, Esq., Associate — New York Jack represents businesses, insurers, and commercial clients in transportation, insurance defense, premises liability, construction, motor vehicle liability, and medical malpractice matters. He handles all phases of litigation and advises insurance carriers on liability exposure, litigation strategy, reserves, settlements, and expert retention. April Romeo, Of Counsel — Chattanooga April is an accomplished trial attorney with nearly two decades of experience including private practice, public service, and an in-house counsel role. She represents clients in professional liability, premises liability, and other civil litigation matters, drawing on significant courtroom experience that includes first-chairing 15 jury trials. Eugene Tagle, Partner — Dallas Eugene brings more than 15 years of litigation experience representing businesses, insurers, motor carriers, and commercial clients in state and federal courts. A seasoned first-chair trial attorney, he focuses his practice on transportation litigation, insurance defense, premises liability, commercial litigation, catastrophic injury, and wrongful death matters. Nicolette Tuntigian, Esq., Associate — Red Bank Nicolette represents insurers and businesses in a broad range of civil litigation matters, including insurance defense, labor law, premises liability, construction defect, commercial litigation, insurance coverage, and automobile accident claims. She manages matters from case evaluation and discovery through motion practice, mediation, arbitration, and trial preparation. Garett A. Willig, Partner — Houston Garett brings more than 15 years of experience representing corporate and individual defendants in civil litigation throughout Texas. His practice encompasses general liability, premises and products liability, construction, transportation, and professional liability matters, including complex commercial and serious personal injury cases. Please join us in welcoming Jack, April, Eugene, Nicolette, and Garett to Chartwell. We’re very excited to have them on our team!
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Rett Hixson reposted thisRett Hixson reposted thisEven the most well-run nonprofits can find themselves facing employment issues that could have been prevented with the right policies and guidance in place. Employee classification, wage and hour compliance, leave requests, and manager training are just a few of the everyday areas where unexpected risks can arise. In a new article, Chartwell Law Partners Robert J. Baker and Robert Luskin break down 10 of the most common employment mistakes nonprofits make and, more importantly, offer steps organizations can take to avoid them. Read “The Top 10 Employment Mistakes Nonprofits Make (and How to Avoid Them)” to learn more: https://bit.ly/4cAJmlA
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Rett Hixson shared thisLindsay Barton bringing some very insightful points regarding some notable changes for businesses operating in South Carolina. Chartwell Law #southcarolina #dramshop #insurancedefenseRett Hixson shared thisSouth Carolina’s new dram shop law is reshaping liquor liability, and making staff training more important than ever. In her latest article, Chartwell attorney Lindsay Barton explains the law’s key changes, including new training requirements and the shift to a “knowingly” standard. It also provides important steps hospitality businesses can take to reduce liability and strengthen compliance. Read the full analysis: https://bit.ly/3RoaM71
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Rett Hixson reposted thisRett Hixson reposted thisIf you’re gonna use explanatory parentheticals, you need to learn how to use them correctly. ⤵ I see attorneys get this wrong all the time. And it's an easy way to lose credibility with the Court. Bluebook Rule 1.5 gives you 3 basic options: Option 1: A present participle phrase USA v. Bosnia-Herzegovina, 16 U.S. 1 (2026) (issuing a red card to USA's top goal scorer, Folarin Balogun). Option 2: A short phrase Trump v. FIFA, 16 U.S. 47 (2026) (suspending red card). Option 3: A full-sentence quote USA v. Belgium, 16 U.S. 421 (2026) ("[G]iven Belgium's superior play, the red-card issue is moot."). Aaaaand...that's it! Those are your only 3 options. P.S. Do you cringe when you see this done incorrectly? —————— Hi, I’m Chris. I write about legal writing and appeals. Follow and hit my 🔔 to never miss a post. Hire me to train your entire firm.
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Rett Hixson liked thisRett Hixson liked this🧇 The NLRB has changed its mind about workplace profanity three times in six years 🧇 On Sept. 23, the Boards new Republican majority brought back the 2020 General Motors framework in Lion Elastomers. That ends the Biden-era boards 2023 detour, which gave employees much more room for abusive conduct as long as it happened during protected concerted activity. The Board insists it isn't technically overruling anything. It says its just acknowledging that the Fifth Circuit already vacated the 2023 decision. In other words, it didn't break the vase, its just noting the vase is on the floor. Either way, Wright Line burden-shifting is back. Employers get to argue they'd have imposed the same discipline for the misconduct regardless of the protected activity. The EPL angle is bigger than it looks. For the past few years, HR teams have been stuck between two regimes. Title VII and state law told them to shut down racist, sexist, or abusive conduct quickly. The NLRA told them that conduct might be protected if someone said "overtime" or "safety" in the same breath. Hesitation in that gap is how hostile-work-environment claims get written. This decision narrows the gap. Employers should now be more willing to discipline bad conduct promptly and consistently, which is the kind of behavior we like to see in underwriting. My advice? Don't rewrite your handbook in pen. The dissents non-acquiescence argument hasn't gone away, the majority deliberately left the formal overruling for another day, and Board composition swings with the current administration. Insureds should build discipline processes that survive either standard: documented, consistent, and tied to the conduct rather than the grievance. How many of your insureds actually adjusted their approach after 2023, and how many will even notice the reversal? #EPLI #ManagementLiability #NLRB #LaborLaw #EmploymentPractices #HRCompliance #RiskyBusiness #BRP https://lnkd.in/gpFqTQjdNLRB Reinstates Previous Standard for Offensive Worker ConductNLRB Reinstates Previous Standard for Offensive Worker Conduct
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Rett Hixson liked thisRett Hixson liked thisI’m a sucker for a short, punchy sentence. And I'm not above stealing them from judicial opinions. Here are 5 that are definitely worth stealing. ⤵ 1. Not so. 2. Each fails. 3. He cannot. 4. So too here. 5. Quite the opposite. "Quite the opposite" is my favorite of the bunch. It's perfect for showing just how wrong the other side is. P.S. Which of these 5 have you used? —————— Hi, I’m Chris. I write about legal writing and appeals. Follow and hit my 🔔 to never miss a post. Hire me to train your entire firm.
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Rett Hixson liked thisRett Hixson liked thisPlease join us in welcoming Samantha Sell Nelson to BHA Strategy as our new Vice President of Government Relations! Samantha brings nearly three years of Tennessee government relations experience, helping clients in technology, health care, local government, and economic development navigate legislation and engage with policymakers during session. Her policy roots run deep. Before returning to Nashville, she worked on Capitol Hill in the offices of Senator Lamar Alexander during his chairmanship of the HELP Committee, Senator Bob Corker during his chairmanship of the Foreign Relations Committee, and Congressman Chuck Fleischmann. We're proud to keep building a team that delivers for clients across Tennessee and around the country. Welcome to the team, Samantha! #NewHire #GovernmentAffairs #PublicAffairs #BHAStrategy #Tennessee
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Rett Hixson liked thisRett Hixson liked this10 Chartwellians. Eight cities. Seven first anniversaries. One five-year milestone. And two 10-year milestones. Join us in celebrating our September work anniversaries! 1 year Lindsay Barton, Associate — Charleston Yamilitza Charneco, Legal Assistant — Atlanta Melissa Fennewald, Legal Assistant — Kansas City Danielle Goble, Esq., Associate — Philadelphia James Hooper, Associate — Chattanooga Avery Lee, Billing Compliance Coordinator — Valley Forge Brandon Wilson, Associate — New York 5 years Angela Risner, Paralegal — Miami 10 years Giorgeany Arboleda, Office Administrator — Miami Marissa J. Huber, Esq., Partner — New York A lot can happen in a year, and even more in a decade. We’re grateful for everything each of you has brought to Chartwell. A special congratulations to Giorgeany and Marissa on 10 years with the firm! Happy anniversary, everyone!
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Rett Hixson liked thisRett Hixson liked thisExcellent letter by the business community on the need for disclosure of third-party litigation arrangements. The work on this important issue continues. #law #lawyers #appeals #attorneys #civilprocedure
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Rett Hixson liked thisRett Hixson liked thisHad a great time at Trucking Defense Advocacy Council (“TDAC”) in Fayetteville, AR. Enjoyed being part of a cutting edge presentation about evolving product liability issues in trucking litigation. I got to hang out with M. Garner Berry and catch up with so many great friends from around the country. Spent a day at home and then headed to CBCS, LLC for Connections. The Chartwell Law team also consisted of Mike Bassett, Shanna Torgerson and Emily Seale. Shanna and Emily gave a rockstar presentation about “Combatting Suspicious Medical Claims” while Mike and I cheered them on. Congrats to all the CBCS Leaders who were recognized for their service and dedication Monday night, including Ron Fine, Dan Schleter and Blaine Henderson, AIC. It’s always a very special trip to see so many friends at CBCS who have been so so good to me the last 32 years.
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Rett Hixson liked thisRett Hixson liked thisIt was a pleasure attending the Elevate Conference in San Diego alongside my partner, Robert J. Baker. We enjoyed connecting with both new and familiar faces, attending great events, and strengthening relationships throughout the conference. Thank you to everyone who took the time to connect with us. We look forward to continuing these relationships and collaborating in the future! #ChartwellLaw
Experience & Education
Licenses & Certifications
Publications
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Donovan v. Hastings: Tennessee Supreme Court Clarifies Tennessee Attorney’s Fees Award
The Tennessee Bar Journal
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All Losers Should Pay in Tennessee: How to Amend T.C.A. Section 20-12-119 to Deter Meritless Claims, 44 U.M. L. Rev. 183 (2013)
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The RMN Agency
An NLJ 500-ranked law firm in New Jersey is strengthening its footprint in the Southeast by following an "excellent and high-performing" lawyer to Georgia. On Monday, Brach Eichler, based in Roseland, New Jersey, opened its new office in Alpharetta, Georgia, located about 30 miles north of Atlanta. Managing member John D. Fanburg explained the firm’s move to the Peach State began when one of its partners, Eric Magnelli, and his family relocated to the Atlanta region one year ago. “Unlike in some of these moves where law firms will expand to address client needs and client moves and client relocation, we did this really in response to maintaining our relationship with an excellent and high-performing lawyer,” Fanburg said. “We’ll kind of slow-roll it and give him the time, resources, and people to continue to expand his client base, both here in New Jersey and Georgia.” The firm is building the new office around Magnelli’s practice areas, including labor and employment, environment and land use, and litigation. https://lnkd.in/g6e5YTH5 . . . #lawfirmgrowth #lateralhiring #jobsearch #revenue #promotion #law #employmentlaw #mergersandacquisitions #transactionallaw #taxlaw #litigation #flexibility #lawfirms #atlantalawyer #legalrecruiting #AtlantaLegalRecruiters #theRMNagency #legalrecruitingfirm #legalrecruiter #legalrecruiters #legalsearch #atlantalegalrecruiters #atlantalawfirms #biglaw #smalllawfirm #inhousecounsel #associate #partner
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New Jersey Law Journal
In writing for the bench, Third Circuit Judge Peter J. Phipps said any view of the defendants’ litigation activity implying they waived their arbitration right was incorrect. A lower court failed, the Third Circuit said, to properly analyze whether Avis and Budget had implicitly waived their right to arbitration. James E. Cecchi of Carella Byrne Cecchi Brody Agnello, P.C. in Roseland represented the plaintiffs, while William Marks of Paul, Weiss, Rifkind, Wharton & Garrison LLP in Washington, D.C., represented the defendants. From reporter Nicholas Malfitano: 🔗 https://lnkd.in/gw2GFprN
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Jennyfer Ralston
A federal court order contained fabricated citations and references to people who didn't exist. A law clerk had used AI to help draft it. Now, the Fifth Circuit is considering whether the case should be reassigned to another judge. That's a pretty significant reminder of where we are with AI in the legal profession. But I don't think the lesson is that lawyers shouldn't use AI. Actually, I think it's almost the opposite. AI is becoming incredibly useful. It can help us research, summarize, organize information, draft, and complete certain tasks much faster. But as producing work becomes easier, reviewing that work becomes more important. Because AI doesn't carry the professional responsibility for what it produces. The lawyer does. The court does. The person whose name ultimately goes on the work does. And that's why I think human judgment may become more valuable as AI gets better, not less. Knowing how to use AI will increasingly be expected. Knowing when something doesn't look right, when to verify a source, when to question an answer, and when not to rely on the tool is a completely different skill. AI can make us faster. It can't make us less accountable. And for lawyers, that distinction matters. What do you think: as AI becomes more capable, will judgment become one of the most valuable skills in legal professionals? https://lnkd.in/etauraJP
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