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Brian S. Faughnan

Brian S. Faughnan practices in the firm’s Memphis office.  In addition to the area of lawyer ethics and professional responsibility, Mr. Faughnan’s practice is focused on commercial litigation, appellate litigation, and media law.  Mr. Faughnan is a frequent author and speaker on ethics and professional responsibility issues.  He writes a recurring column entitled “Faughnan on Ethics” for Memphis Lawyer magazine and is a co-author of the book “Professional Responsibility in Litigation” and “Professional Responsibility in Litigation, Second Edition” published by the ABA.

Click here to read Mr. Faughnah’s blog: Faughnan on Ethics

 AFFILIATIONS

  • American Bar Association
  • Tennessee Bar Association
  • Memphis Bar Association
  • Association of Professional Responsibility Lawyers

 PROFESSIONAL HONORS AND ACTIVITIES

  • Treasurer, Association of Professional Responsibility Lawyers, 2018
  • Selected by American Lawyer Media and Martindale-Hubbell as Elite Lawyer of the South (2017)
  • The Best Lawyers ® Appellate Practice “Lawyer of the Year”, 2017
  • Inducted by the Tennessee Bar Foundation as a Fellow 2014
  • Received the highest rating, AV, from the Martindale-Hubbell Law Directory
  • The Best Lawyers in America
    – Appellate Practice (2009-2019)
    – Commercial Litigation (2011)
    – Mass Tort Litigation (2011)
    – Litigation: First Amendment (2013-2019)
  • Mid-South Super Lawyers, 2011-2017
  • Fellow, Tennessee Bar Association, Young Lawyers Division, 2010
  • Fellow, Litigation Counsel of America, 2009 – present
  • Leadership Memphis – Fast Track, Fall, 2008
  • “Top 40 Under 40,” Memphis Business Journal, 2007


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Best Lawyers Award Badge

Memphis Office

One Commerce Square
29th Floor
40 South Main Street
Memphis, Tennessee 38103
Telephone (901) 525-8721
FAX (901) 525-6722

Education

Rhodes College, B.A., 1995
University of Memphis, J.D., magna cum laude, 1998

Bar Admission

Tennessee, 1998

  • Appellate

    We have briefed and argued more than 250 matters before various state and federal appellate courts, including all sections of the Court of Appeals for Tennessee, the Tennessee Supreme Court and the Fifth, Sixth and Eighth Circuit Courts of Appeals, as well as handling cases on appeal to the U.S.… [Read more]

    Business & Commercial

    We offer comprehensive representation to businesses of all types. As detailed below, our services range from helping resolve business disputes through litigation, mediation, arbitration or negotiation to offering sound legal advice upon which to base your business decisions as well as transactional representation, document preparation services and business formation and… [Read more]

    First Amendment Law

    Lewis Thomason provides legal counsel to print and broadcast media corporations and their employees in the area of First Amendment law. Our lawyers have successfully defended libel, slander and defamation lawsuits in state and federal courts. We also assist media clients in obtaining information withheld by individuals and corporate entities… [Read more]

    Media Law

    Our representation in the field of media law has primarily been in First Amendment defamation claims in libel and slander cases involving publications and newspapers (e.g., The New York Times and The Memphis Flyer), magazines (e.g., Esquire and Memphis Magazine), television (e.g., WREG-TV and CBS), books (e.g. McGraw Hill and… [Read more]

    Professional Liability

    As a professional, your reputation means everything. We are sensitive to the fact that professional liability lawsuits and claims affect reputations, as well as personal finances, and we stand ready to aggressively protect your practice at both the trial and appellate levels. Representative clients include: Accountants Attorneys* Architects Contractors Directors of Corporations Engineers Financial Advisors Hospitals and Medical Facilities Insurance… [Read more]

  • Representative Experience

    • Pier v. Jungkind, 2013 Tenn. App. LEXIS 232 (Tenn. Ct. App. Apr. 8, 2013)
    • Bd. of Prof Resp. v. Cawood, 2010 Tenn. LEXIS 1205 (Tenn. Dec. 20, 2010)
    • Pac. Inv. Mgmt. Co. LLC v. Mayer Brown LLP, 603 F.3d 144 (2nd Cir. 2010)
    • Carbon Processing & Reclamation, LLC v. Valero Mktg. & Supply Co., 2010 U.S. Dist. LEXIS 104273 (W.D. Tenn. Sept. 29, 2010)
    • Barker v. Chandler, 2010 Tenn. App. LEXIS 415 (Tenn. Ct. App. June 29, 2010)
    • Leggett v. Duke Energy Corp., 308 S.W.3d 843 (Tenn. 2010)
    • Person v. Bd. of Comm, 2009 Tenn. App. LEXIS 652 (Tenn. Ct. App. Sept. 28, 2009)
    • Waggin Train LLC v. Normerica, Inc., 2009 U.S. Dist. LEXIS 110564 (W.D. Tenn. Aug. 18, 2009)
    • Gallagher v. E.W. Scripps Co., 2009 U.S. Dist. LEXIS 45709 (W.D. Tenn. May 28, 2009)
    • Barker v. Chandler, 2009 Tenn. App. LEXIS 631 (Tenn. Ct. App. Apr. 21, 2009)
    • Flanigan v. Westwind Techs., Inc., 648 F. Supp. 2d 994 (W.D. Tenn. 2008)
    • Johnson v. Hare, 2008 U.S. Dist. LEXIS 17502 (N.D. Miss. March 5, 2008)
    • Gold v. Methodist Healthcare Memphis Hosps., 2008 U.S. Dist. LEXIS 111728 (W.D. Tenn. Jan. 15, 2008)
    • Covington v. Memphis Publ Co., 2007 U.S. Dist. LEXIS 95842 (W.D. Tenn. Oct. 16, 2007)
    • Estate of Burkes v. St. Peter Villa, Inc., 2007 Tenn. App. LEXIS 577 (Sept. 12, 2007)
  • Mr. Faughnan is a frequent author and speaker on ethics and professional responsibility issues.