State Civil Enforcement Actions
Enforcement actions by the State of Tennessee can present severe risks to businesses and individuals. An investigation by the State of Tennessee can disrupt long-term plans, drive away customers, and lead to costly fines and penalties. Sometimes, an action from the Tennessee Attorney General’s office can trigger parallel investigations by other states. When faced with such a civil action, you need a Nashville business litigation lawyer with the experience to represent you.
The attorneys at Pepper Law help clients respond to investigations and state civil enforcement actions initiated by the state of Tennessee. At our firm, we have counsel who have represented the state of Tennessee in such cases, have served on municipal boards and commissions, and have litigated complex business matters in state and federal courts. We know how to help clients through government actions that can put the future of their businesses at risk.
Government investigations differ from civil litigation. For example, the Tennessee Attorney General’s Office can subpoena documents from businesses before commencing a lawsuit. The Tennessee Board of Licensing Contractors can call a disciplinary hearing on a contractor on a few weeks’ notice. Unlike the relatively slow pace of many civil lawsuits, Tennessee state civil enforcement actions can progress rapidly --- with potentially devastating results if a business does not retain experienced attorneys promptly. Our Nashville lawyers can assist you with skill, experience, and an appreciation of the need to tailor an approach to the unique facts of your case.
Representing a range of clients including businesses and construction companies, the lawyers at Pepper Law have successfully responded to state civil enforcement actions and investigations that threatened our clients’ businesses. We understand the importance of moving quickly, both to help our clients understand the scope of the action against them and to minimize the risks they face.
Sometimes, the best strategy in responding to state civil enforcement actions is to work with state attorneys in an effort to bring a swift resolution to the investigation. That may mean, for example, promptly answering a state attorney’s requests for information or providing sworn testimony. Often, by working collaboratively with state attorneys and giving them the facts they need, we can convince them not to take any action against our clients.
On other occasions, however, a civil enforcement action will require an aggressive defense with a long-term plan. At Pepper Law, a Nashville based law firm, we understand that each case is unique. We listen to our clients and take time to understand the nature of their businesses. Then, we develop a specific strategy that takes into account the scope of the action and the objectives of our client. By fully understanding our client’s business, we may be able to ward off further action by the government by convincing its lawyers that the state’s position is based on a misunderstanding of the actual facts, or is based on an incomplete set of facts.
One important part of a state enforcement action that many attorneys overlook is the initial meeting with state attorneys. A lawyer should prepare vigorously for these meetings so that he or she can present the client in a positive light. If our clients are providing sworn testimony as a part of the enforcement action, we may simulate a deposition setting and have an attorney from our firm ask them the types of questions we expect them to face. Because we have Nashville counsel experienced with representing the state in civil proceedings, we know how to make sure our clients are prepared to handle difficult questions from state lawyers and investigators.
State civil enforcement actions can trigger civil lawsuits from consumers and business partners, some of whom may try to take advantage of a business during the period of a state proceeding. We have successfully defended private litigation that arose as a result of a government investigation. Our team of experienced Nashville lawyers can handle a case from start to finish, and respond to the array of challenges that businesses face during a government investigation.
If you, or your company, is the subject of a Tennessee state civil enforcement action, you need a Nashville lawyer who will work to resolve the proceeding, while minimizing costs and disruptions for your business. We can help you through complex and intimidating enforcement actions. If you, or your company, is the subject of an investigation from a Tennessee agency, contact us for a free consultation.