News

Elijah Lovingfoss joins Kennerly, Montgomery & Finley

10/7/2019

We are pleased to announce that, after clerking with us for the last nine months, Elijah C. Lovingfoss has joined Kennerly Montgomery as an associate.

Read Full Article

Seven KM Lawyers Included in The Best Lawyers in America ©

8/15/2019

Here at Kennerly Montgomery, we are excited to announce that seven of our attorneys have been selected by their peers for inclusion in The Best Lawyers in America ©.

Read Full Article

Recent Changes to Trust and Estate Laws in Tennessee

7/30/2019

In May, Governor Lee signed two new bills which made several changes to Tennessee law in the areas of wills, estates, and trusts. Some key changes are outlined in this article.

Read Full Article

KM Newsletter: Summer 2019

7/29/2019

Articles in the Summer 2019 newsletter include: Recent Updates to Tennessee Estate, Trust, and Will Law; a recap of our seminar on FLSA updates; and a spotlight on Jason E. Legg.

Read Full Article

Taxpayer Advocacy Panel

7/10/2019

For the last three years, William E. Mason—a shareholder and member of Kennerly Montgomery’s Employee Benefits and Tax-Exempt Organizations practice areas—has voluntarily served on the Internal Revenue Service’s (IRS) Taxpayer Advocacy Panel (TAP). This panel consists of six different committees that work with the IRS to “listen to taxpayers, identify issues, and make suggestions for improving IRS service and satisfaction.”

Read Full Article

Seven Years of Christenberry Kids

7/2/2019

On Friday, June 21st, we held our annual in-firm ice cream social fundraiser to gear up for the seventh school year of our partnership with the kindergarten class at Christenberry Elementary in north Knoxville.

Read Full Article

Is Tennessee's Income Taxation of Trusts Constitutional?

6/24/2019

On Friday, the United States Supreme Court unanimously ruled that North Carolina's tax on trust income attributable to contingent beneficiaries is unconstitutional on due process grounds. What does that mean for Tennessee which has the same law?

Read Full Article

Marshall Peterson Presents at the American College of Trust & Estate Counsel (ACTEC)

4/22/2019

Marshall Peterson will present at The American College of Trust & Estate Counsel (ACTEC) Southern Region meeting in Memphis, Tennessee on April 26-28.

Read Full Article

City View Magazine Top Attorneys 2018

7/23/2018

We are pleased to acknowledge that TEN of our Attorneys are among the 2018 City View Top Attorney winners.

Read Full Article

KM Newsletter: Summer 2018

6/21/2018

Articles in this Summer 2018 Newsletter include: Supreme Court Ruling in Masterpiece Cakeshop, Ltd. v Colorado Civil Rights Commission; The Employer Mandate; Beneficiary Designation; Attorney Spotlight: Kathy D. Aslinger;

Read Full Article

KM Newsletter: Spring 2018

3/28/2018

Articles in the Spring 2018 Edition of the KM Newsletter include: Tax Reform and Plan Loans; Overview of the New Tax Deduction for Pass-Through Business Owners; Impact of the Tax Cut and Jobs Act on Nonprofits and Tax-Exempt Entities; KM Welcomes Attorney Marshall Peterson

Read Full Article

Toby Carpenter Presents at NBI Seminar "Auto Injury Litigation From Start to Finish"

3/19/2018

On May 23, 2018, Toby Carpenter will present at the National Business Institute seminar entitled "Auto Injury Litigation From Start to Finish." Click above for more information

Read Full Article

KM Newsletter: Winter 2017

11/6/2017

Articles in this edition include: In the Eyes of The Law, Actions Sometimes Speak Louder Than Words; Attorney Spotlight: Zack R. Gardner; Remote Workers 101: The Need for a Written Policy; Tax Reform through Tax Simplification

Read Full Article

KM Newsletter: Fall 2017

9/19/2017

Articles in this edition include: Employee Training Programs; The Results Are In! City View 2017 Tennessee Top Attorneys; What is Planned Giving?; Attorney Spotlight: Briton Collins; Avoiding Employee Benefit Plan Surprises in Mergers and Acquisitions; ACA Reporting 2017: Are You Ready?

Read Full Article

Michael Crowder Presents at NBI Seminar: The Probate Process From Start to Finish

7/31/2017

On August 4th, Michael Crowder presented at the National Business Institute Seminar: The Probate Process From Start to Finish. Click above for full details.

Read Full Article

Toby Carpenter presents Advanced Uninsured / Underinsured Motorist Law Seminar

7/18/2017

On July 28, Toby Carpenter presented at the National Business Institute Seminar entitled "Advanced Uninsured/Underinsured Motorist Law." Click above for more information.

Read Full Article

Kathy Aslinger, Bill Mason, and Ashley Trotto included in 2017 Tennessee Top Attorneys in Employee Benefits / ERISA - Defense by City View Magazine

7/17/2017

Kathy Aslinger, Bill Mason, and Ashley Trotto were selected to be included in the 2017 Tennessee Top Attorneys in the practice area of Employee Benefits/ERISA - Defense by City View Magazine. Click above to view the magazine and the complete listing.

Read Full Article

KM Newsletter: Summer 2017

6/12/2017

Articles in the Summer 2017 edition of the KM Newsletter include: Christenberry Kids Reading Program; Is Your Company Part of a Control Group or Affiliated Service Group?; Rollovers as Business Startups (ROBS) Viable Funding Option or Terrible Retirement Plan?; President Trump's Tax Reform Proposal: An Overview; Recent Changes to Estate Planning & Probate Laws

Read Full Article

KM Newsletter: Spring 2017

3/28/2017

Articles in the Spring 2017 edition of the KM Newsletter include: Employee Handbooks - Acknowledgment of Receipt; IRS Taxpayer Advocacy Panel Seeks Suggestions on Improving Forms and Publications; Protecting Assets from Creditors via the “TIS Trust”; Board Member Responsibilities for Executive Compensation in Nonprofit Corporations; KM in the Community - CASA of East Tennessee; Hot Topics - Employee Handbook Edition

Read Full Article

The Results Are In! City View Magazine Top Attorneys 2016 and U.S. News Best Lawyers in America 2017

12/13/2016

KM Attorneys received recognition in two recent polls, City View Magazine Top Attorneys 2016 and U.S. News Best Lawyers in America 2017. Our lawyers are humbled and honored to have been recognized for their accomplishments. To learn more about each award and the respective attorney so honored, please click link above for full details.

Read Full Article

KM Newsletter: Fall 2016

12/12/2016

Articles in the Fall 2016 edition of the KM Newsletter include: Looking at Covenants Not to Compete and Input from the White House; KM Celebrates 100 Years; Are Employer Health Plans Required to Offer Gender Transition Coverage?; Charitable Organizations Lessening the Burdens of Government; Remain Qualified for Government Benefits Using Self-Settled Special Needs Trusts; The Results Are In!

Read Full Article

Michael Crowder gives presentation on “Using Irrevocable Trusts to Qualify for Medicaid and VA Benefits"

11/18/2016

On December 6, Michael Crowder gave a presentation for the National Business Institute entitled “Using Irrevocable Trusts to Qualify for Medicaid and VA Benefits” as a part of their Protecting Assets While Qualifying for Medicaid program. Click above for more information.

Read Full Article

Michael Crowder presents on Medicaid Estate Recovery Rules, Remedies and Appeals

8/9/2016

On August 6th Michael Crowder gave a presentation on Medicaid Estate Recovery Rules, Remedies and Appeals at a seminar hosted by the National Business Institute. Click above for more information.

Read Full Article

KM Newsletter: Summer 2016

6/27/2016

Articles in the Summer 2016 edition of the KM Newsletter include: What was new in 1916? KM Celebrates 100 Years; 501(c)(3) Tax-Exempt Organizations and Lobbying; Dave & Busters under Fire for Cutting Hours to Avoid ACA Compliance; ABLE Accounts; IRS Taxpayer Bill of Rights - Taxpayer Advocacy; What a Difference Attorneys' Fees Make!

Read Full Article

Social Security Retirement Benefits: Looking at the Big Picture to Benefit Your Client

5/13/2016

Michael Kelley presented at the May 18th seminar “Legal Issues Involving Local Governments” hosted by the National Business Institute. Click above for more information.

Read Full Article

Social Security Retirement Benefits: Looking at the Big Picture to Benefit Your Client

5/12/2016

On May 26 Michael Crowder presented a live webinar on Social Security Retirement Benefits. Click above for more information or to register.

Read Full Article

Bill Mason Selected for IRS Taxpayer Advocacy Panel

3/29/2016

Bill Mason was recently selected by the U.S. Treasury Department to serve a three-year term on the nationwide Taxpayer Advocacy Panel (TAP). Panel members listen to taxpayers, identify issues and make suggestions for improving Internal Revenue Service (IRS) service and customer satisfaction. Click above for more information.

Read Full Article

KM Newsletter: Spring 2016

3/25/2016

Articles in the Spring 2016 edition of the KM Newsletter include: KM Celebrates 100 Years; Business Held Liable for Third Party Criminal Acts; New Law Brings More Clarity and Flexibility to Church Plans; Tennessee For-Profit Benefit Corporation Act; Estate Planning to Avoid Probate; and Reimbursement of Employee Expenses

Read Full Article

Ashley Trotto Speaks at Tennessee School Boards Association

3/18/2016

On March 18, 2016, Ashley Trotto spoke at the Tennessee School Boards Association about the application of the Affordable Care Act’s employer mandate to Tennessee schools.

Read Full Article

KM Newsletter: Winter 2016

1/19/2016

Articles in the Winter 2016 edition of the KM Newsletter include: A court case of interest to property owners; Recent changes to the FLSA; Information on Medicare from our Estate Planning Department; Upcoming seminars

Read Full Article

Proposed Rules on Faith-Based Social Services

11/10/2015

Nine federal agencies recently proposed rules that aim to clarify the rights and responsibilities of faith-based and community social service organizations receiving Federal funds. In this month’s KM Church Law Newsletter, Michael R. Crowder discusses the substance of these proposed rules, the background behind the rules, and any recent developments.

Read Full Article

Alex Taylor presents seminar on “Veterans Benefits for Long Term Care Services"

10/12/2015

The day-long seminar was hosted by the National Business Institute and was entitled “Planning for Long-Term Care.” Click above for more information.

Read Full Article

Registering Trade and Service Marks in Tennessee: A Brief How-to Filing Guide

8/11/2015

Trademarks are important to protecting and preserving the brands and reputations of businesses ranging from small start-ups to established multinational companies. State and federal trademark registration help protect marks by providing statutory protections on top of established common law rights. In this article, Zack R. Gardner and Prof. Brian Krumm (University of Tennessee College of Law) briefly discuss trademarks and provide a how-to practitioners guide to state and federal trademark registration.

Read Full Article

Kathy Aslinger & Bill Mason included in 2015 Tennessee Top Attorneys in Employee Benefits / ERISA - Defense by City View Magazine

7/29/2015

Kathy Aslinger and Bill Mason were selected to be included in the 2015 Tennessee Top Attorneys in the practice area of Employee Benefits/ERISA - Defense by City View Magazine. Click above to view the magazine and the complete listing.

Read Full Article

Michael Crowder speaks about Social Security retirement benefits at Kingsport Bar Association & webinar for Tennessee Attorney Memo

7/22/2015

For many individuals, delaying Social Security retirement benefits can be advantageous. Factors such as spousal benefits, taxes, and working during retirement may impact an individual’s decision so it’s important to advise your clients so they understand how Social Security retirement benefits play into their retirement and estate plans. Click above for details on these programs.

Read Full Article

KM Law Clerk Casey Duhart Receives National Scholarship & Becomes Editor-in-Chief of Tennessee Law Review

7/13/2015

KM would like to congratulate our Law Clerk and University of Tennessee College of Law student, Casey Duhart. Click above for more information.

Read Full Article

What The NLRB Thinks About Your Employee Handbook

6/24/2015

The National Labor Relations Board’s General Counsel recently released important guidance on employee handbook provisions that have been found unlawful. Ben D. Cunningham’s memo discusses the General Counsel’s guidance and its implications for all private employers.

Read Full Article

An Introduction to the Ministerial Exception

6/12/2015

The ministerial exception prevents the application of anti-discrimination laws to the employment relationship between religious institutions and their ministerial employees. In this month’s KM Church Law Newsletter, Michael R. Crowder and Zack R. Gardner discuss generally the background behind the ministerial exception, recent developments to the doctrine, and the ambiguities that still exist.

Read Full Article

Alex Taylor presents interactive webinar "Qualifying for TennCare and VA Benefits: Use of Irrevocable Trusts"

6/9/2015

As an attorney, you need to know how to place your client's assets into a properly drafted irrevocable trust, thereby minimizing loss of control while maximizing future eligibility for TennCare and VA benefits. Click to read more...

Read Full Article

Ministerial Housing Allowance: A Brief Overview

5/18/2015

Federal law allows members of the clergy to exclude a “ministerial housing allowance” from income for federal income tax purposes. In this month’s KM Church Law Newsletter, Zack R. Gardner discusses generally what constitutes a “ministerial housing allowance”, who may take the allowance, and the rules governing when the allowance may be taken.

Read Full Article

Retirement Plan Options for Tax-Exempt Organizations: QLACs

4/13/2015

Recent IRS regulations provide longevity protection by allowing individuals to defer required minimum distributions from certain qualified retirement plans past age 70 1/2. This article by Michael Crowder discusses QLACs.

Read Full Article

Ashley Trotto speaks at Knoxville Bar Association on “Keeping Up with Healthcare Reform”

4/3/2015

On April 9, 2015, Ashley Trotto spoke at the Knoxville Bar Association seminar entitled “Keeping Up with Healthcare Reform” on issues related to the Affordable Care Act.

Read Full Article

Churches and the FMLA’s New Definition of “Spouse”

4/2/2015

The Department of Labor recently published a new rule under the Family Medical Leave Act amending the definition of “spouse” for FMLA purposes. Michael R. Crowder and Zack R. Gardner discuss the new rule and its implications for Churches and Church-related organizations in this month’s KM Church Law Newsletter.

Read Full Article

Social Security for Married Couples

3/25/2015

We have recently been learning some new things here at Kennerly Montgomery regarding estate planning and retirement planning. Please find attached our Estate Planning Newsletter. This particular edition focuses on optimizing Social Security benefits for married couples.

Read Full Article

Ashley Trotto presents webcast about Affordable Care Act’s Employer Mandate

3/24/2015

On March 24, 2015, Ashley Trotto presented a live webcast for the Tennessee Bar Association in Nashville on “hot topic” issues related to the Affordable Care Act’s Employer Mandate.

Read Full Article

Alex Taylor speaks on “Using Trusts to Protect the Residents from Medicaid Claims and to Qualify for Veteran’s Benefits”

3/9/2015

On March 26, 2015, Mr. Taylor spoke at the National Business Institute seminar entitled “TennCare: Beyond the Basics”.

Read Full Article

COBRA Continuation Coverage: Incapacity Exception for Premium Payments

3/6/2015

"What is COBRA continuation coverage, and who pays for it?" and other questions will be answered in this article.

Read Full Article

Ben Cunningham speaks at the UT chapter of the Collegiate Entrepreneurs' Organization in Knoxville

2/25/2015

Ben Cunningham spoke at the University of Tennessee chapter of the Collegiate Entrepreneurs' Organization in Knoxville, which is an on-campus group that strives to encourage the entrepreneurial spirit at UT through weekly meetings with entrepreneurs from the community. Ben spoke to them about common issues which start-up businesses and entrepreneurs face. This included a broad range of topics from limited liability entities to intellectual property.

Read Full Article

Robert Green included in 2015 Best Lawyers in America & Lawyer of the Year in Knoxville in Construction Law

2/6/2015

Robert Green was selected to be included in the 2015 Best Lawyers in America in the practice area of Construction Law and additionally was named the Best Lawyer of the Year in Knoxville in Construction Law.

Read Full Article

Jack Tallent included in 2015 Best Lawyers in America

2/5/2015

Jack Tallent was selected to be included in the 2015 Best Lawyers in America in the practice area of Litigation – Construction. He has been selected for this designation for more than 5 years.

Read Full Article

Public Chapter 995 - Tennessee Human Rights Act (“THRA”)

2/5/2015

Effective July 1, 2014, Public Chapter 995 amends several of Tennessee’s existing employment statutes to bring them in line with their related federal counterpart. Specifically, the Tennessee Human Rights Act (“THRA”) has been amended to remove liability for individual supervisors or agents for claims against the employer.

Read Full Article

The Supreme Court’s Decision Overturning Yard-Man

1/26/2015

On January 26, 2015, the Supreme Court of the United States rejected the rule established by the Sixth Circuit in International Union, United Auto., Aerospace, & Agricultural Implement Workers of Am. v. Yard-Man, Inc., 716 F.2d 1476 (1983). In M & G Polymers USA, LLC v. Tackett, the Court rejected the Sixth Circuit’s inferences concluding that (i) if a benefit plan’s provisions were silent as to termination, then those benefits were to vest for life and (ii) provisions were “illusory” if they benefit one class while not benefiting another...

Read Full Article

Certificate of Employability

1/26/2015

Tennessee’s general assembly passed a new statute allowing convicted criminals to apply for a certificate of employability and providing protection to employers who hire employees who have received a certificate of employability. Ben Cunningham’s memo, attached, discusses the new statute.

Read Full Article

Toby Carpenter participated in a mock jury trial presentation

1/7/2015

On January 7, 2015, Toby Carpenter participated in a mock jury trial presentation at the invitation of Wheels Insurance, Ltd., a Captive Resources company that consists of transportation companies across the country. The mock trial was based on an actual wrongful death lawsuit regarding a truck accident, and it was presented to a risk control workshop attended by owners and managers. The format allowed the audience to ask questions during the trial, and participate as jurors.

Read Full Article

Michael Crowder joins Kennerly Montgomery

8/1/2014

KMF is pleased to announce that Michael Crowder joined Kennerly Montgomery as an associate. He works primarily in the firm’s employee benefits and business & corporate law practices. Michael graduated from the University of Tennessee, College of Law with a concentration in Business Transactions in 2014 and also earned a Bachelor of Arts in Religious Studies from Princeton University in 2011.

Read Full Article

DOL Notice of Proposed Rulemaking: Changes to the FMLA Definition of “Spouse”

7/22/2014

In the wake of the United States v. Windsor decision striking down Section 3 of the Defense of Marriage Act (DOMA), the Department of Labor (DOL), on June 26 2013, revised the definition of spouse for FMLA purposes to include same-sex spouses legally married and residing within a state that recognizes same-sex marriages.

Read Full Article

Zack Gardner joins Kennerly Montgomery

7/15/2014

We are pleased to announce that Zackarij R. Gardner has joined Kennerly Montgomery as an associate. Zack graduated from the University of Tennessee College of Law with a Concentration in Business Transactions in 2013. He joins Bill Mason, Jonathan H. Peyton, and Brittany Brent Smith in the Firm’s Intellectual Property and Technology Transfer & Commercialization practice and is also joining the Firm’s Business & Corporate Law practice. In addition to his work as an associate, Zack serves on the KBA’s Minorities Opportunities Committee.

Read Full Article

Affordable Care Act Update

7/10/2014

Final Regulations Published on the 90-Day Waiting Period Limitation

Read Full Article

Aslinger Inducted with 2014 Knoxville Bar Foundation Fellows Class

5/29/2014

KMF Shareholder Kathy D. Aslinger was inducted in the Knoxville Bar Foundation as part of its twelve-member 2014 Fellows Class. The Fellows represent quality men and women practitioners in our community who have distinguished themselves in the practice of law and service to our community.

Read Full Article

KMF adopts Christenberry Elementary kindergarten class for book project

8/29/2014

KMF believes that reading is an integral part of a child’s education and that literacy opens doors of opportunity that no other skill provides. As such, KMF donates age appropriate books and reading supplies to an underprivileged local elementary school’s kindergarten class.

Read Full Article

Retirement Plan Options for Tax Exempt Entities

5/1/2014

Which plan is right for you and your employees?

Read Full Article

"Church Plans" and ERISA

5/1/2014

A “church plan” is generally exempt from the requirements of the Employee Retirement Income Security Act (“ERISA”) unless the plan sponsor affirmatively elects ERISA coverage.

Read Full Article

Ben Cunningham joins Kennerly Montgomery

1/2/2014

We are pleased to announce that Ben Cunningham has joined Kennerly Montgomery as an associate. Prior to joining Kennerly Montgomery, Mr. Cunningham served as a federal prosecutor in the Eastern District of Tennessee and practiced at a regional defense litigation firm representing employers in the areas of labor and employment law.

Read Full Article

Kathy Aslinger becomes Shareholder

1/1/2014

We are pleased to announce that Kathy D. Aslinger has become a shareholder of the Firm as of January 1, 2014, and will be taking a leadership role in the Firm’s employee benefits practice. Our employee benefits practice focuses on advising fiduciaries for the benefit of participants, assisting both private and governmental clients in the design, implementation and maintenance of their employee benefit plans, including 401(k), pension, cafeteria, and health plans. Kathy has been practicing law for over 15 years and has been with Kennerly Montgomery since January 2010.

Read Full Article

Employee Benefits FAQs on Same-Sex Marriage

12/20/2013

Which states recognize same-sex marriage? Does Federal law recognize same-sex marriages? How does the Windsor decision affect payment of federal taxes? Does Windsor impact employee benefit plans? How does Tennessee treat same-sex marriages? Do any local governments in Tennessee provide benefits to the same-sex spouses of their employees? Has anyone ever challenged the Tennessee constitutional language prohibiting same-sex marriages?

Read Full Article

Ashley Trotto joins Kennerly, Montgomery & Finley

12/19/2013

We are pleased to announce that Ashley Trotto has joined Kennerly Montgomery as an associate. Ashley graduated Cum Laude from the University of Tennessee College of Law in May. She joins Bill Mason, Kathy Aslinger and Brittany Brent Smith in the Firm’s employee benefits practice where she will focus on health plan and ERISA issues related to the Affordable Care Act. Additionally, Ashley will continue to head the Firm’s kindergarten book project at Christenberry Elementary.

Read Full Article

Employee Benefits FAQs on Required Minimum Distributions

7/18/2013

What are RMDs, and when does a retirement plan participant/IRA owner begin withdrawing RMDs? How are RMD amounts calculated? What consequences do plan participants and plan sponsors face after failing to withdraw full and timely RMDs? What are the RMD rules for retirement accounts and IRAs that are inherited?

Read Full Article

Jack Tallent Inducted with 2013 Knoxville Bar Foundation Fellows Class

6/10/2013

The Knoxville Bar Foundation has inducted thirteen members in its 2013 Fellows Class, including KMF Shareholder, Jack M. Tallent, II.

Read Full Article

Michael Kelley To Argue Case Before Tennessee Supreme Court

6/7/2013

The Tennessee Supreme Court has recently granted permission to appeal in Hood v. Casey Jenkins et al., and Kennerly, Montgomery & Finley attorney Michael Kelley will argue the case this fall on behalf of the appellant insurance company.igation – Construction. He has been selected for this designation for more than 5 years.

Read Full Article

Back to News Listing
Kennerly Montgomery is LexisNexis Peer Review Rated for Ethical Standards and Legal Ability   Kennerly Montgomery Top Listed in Best Lawyers