Frank M. Holbrook

Commercial Litigation Group

Memphis Office
Tel: (901) 680-7312
Email: frank.holbrook@butlersnow.com

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Areas of Emphasis

Commercial Litigation
Product Liability Law
Intellectual Property Law
Business Tort Litigation

Distinctions

AV-rated, Martindale-Hubbell
The Best Lawyers in America®, Commercial Litigation
Mid-South Super Lawyers®, Business Litigation
Certified Civil Trial Specialist, National Board of Trial Advocacy
Advisor, Southern Pine Council, 2008
Frequent lecturer on trial practice topics
Top 50 Memphis Area Super Lawyers 2009, 2010
Recognized in the March 2012 issues of Corporate Counsel and The American Lawyer Magazines for Top Rated Lawyers® -AV Preeminent in Intellectual Property Law
Civil Pretrial Practice Adovcate by the National Board of Civil Pretrial Practice Advocacy a division of the National Board of Legal Specialty Certification

Education & Honors

University of Georgia, J.D., Editorial Staff, University of Georgia Law Review, cum laude, 1979

Florida State University, B.S., English Education, cum laude, 1974

Associations

American Bar Association
Federal Bar Association
- President, Mississippi Chapter, 1991-92
Defense Research Institute
American Intellectual Property Law Association
Tennessee Bar Association
Mississippi Bar Association
Mississippi Defense Lawyers Association
Capital Area Bar Association
Memphis Bar Association

Bar Admissions

Georgia, 1979
Tennessee, 2000
Arkansas, 2008
Mississippi, 1979
U.S. District Courts
- Tennessee: Western District
- Mississippi: Northern and Southern Districts
- Arkansas: Eastern and Western Districts
U.S. Court of Appeals
- 5th Circuit
- 6th Circuit
- 11th Circuit
- Federal Circuit
U.S. Court of International Trade
U.S. Supreme Court

Legal Experience

Bouchillon, et al v. Deere & Co., et al – defense verdict. Case was recognized as one of The Harmonie Group’s 2010 Significant Cases.
Nielsen et al. v. BellSouth Telecommunications, Inc., now dba AT&T Mississippi, Second Judicial District of Tallahatchie County, Mississippi - suit alleged breach of contract and intentional interference with contract. Obtained unanimous defense verdict for AT&T Mississippi after three-day jury trial in Sumner, Mississippi. Plaintiffs alleged AT&T Mississippi wrongfully terminated local telephone service after adding allegedly improper charges to phone bill. Plaintiffs claimed these charges allowed them to withhold all payments on their bill and further claimed they had been orally advised by AT&T Mississippi employees that payment in full was expected, a claim that AT&T Mississippi denied. AT&T Mississippi eventually terminated the local phone service of Plaintiffs for non-payment. Plaintiffs claimed this termination caused their business to fail shortly after termination occurred. Plaintiffs sought actual damages in excess of $1 million and also sought punitive damages. After brief deliberations, the jury returned a 12-0 verdict for AT&T Mississippi.
Fedex v. Accu-sort Systems, Inc., U.S.D.C., Western Dist. of TN, Western Div.; Civil Action No. 01-2503-MP -- Lead counsel, obtained multimillion dollar settlement during trial for FedEx in trade secret case, 2006.
Wedgeworth v. Baxter Healthcare Corporation, U.S.D.C., Western Dist. of AR, Harrison Div.; Civil Action No. 06-3013 -- Lead counsel defending Title VII age and sex discrimination case, 2006.
Management Insights, Inc. v. Baxter Healthcare Corporation, U.S.D.C., Northern Dist. of Texas, Dallas Div.; Civil Action No.: 3:00-CV-2130-R -- Lead counsel defending against claim for breach of contract involving tax consulting agreement, 2002.
Mitchell, et al. v. Pioneer, et al., U.S.D.C., Northern Dist. of MS, Eastern Div.; Civil Action No. 1:00cv254(D)(D) -- Lead counsel defending claims brought by farmers based on breach of warranty and negligence from sale of seed corn, 2002.
National Linen v. Jackson Industrial, et al., Hinds County Circuit Court, Jackson, MS; Civil Action No. 251-01-983CIV -- Lead counsel defending linen services company against claims of misappropriating trade secrets and inducing breach of employee non-compete agreement, 2002.
Compass Marine Underwriters, Inc. v. Lambert Fenchurch Marine Group, Limited, U.S.D.C., Southern Dist. of MS, Jackson Div.; Civil Action No.: 3:99cv252WS -- Lead counsel defending claims of fraud against Lloyds of London broker and subsidiaries, 2001.
Gorman, et al. v. Conseco Life Insurance Company, U.S.D.C., Western Dist. of TN, Western Div.; Civil Action No. 99-3114 M.I -- Lead counsel defending bad faith action against national insurer based on denial of death benefit, 2001.
Lane, et al. v. Deere & Company, Commonwealth of Kentucky, Fayette Circuit Court, Fifth Div.; Civil Action No. 97-CI-03705 -- Lead counsel defending wrongful death action against farm equipment manufacturer, 2001.
Conseco Annuity Assurance Company, et al. v. Pat Costello, et al., U.S.D.C., Western Dist. of TN, Western Div.; Civil Action No. 00-2572-DV -- Lead counsel prosecuting declaratory judgment action and defended bad faith counterclaim for national insurer, 2001.
During past five years, also spent significant time working as member of Butler Snow team defending multiparty toxic tort lawsuits against manufacturers of metal working fluids and many other commercial cases.

Papers, Presentations & Publications

"30(b)(6) Depositions: Potential Pitfalls For the Unsuspecting Practitioner," The MDLA Quarterly, 12-15 (Fall 2011).
"Expert Witnesses: Best Practices to Employ and Pitfalls to Avoid," The Mississippi Lawyer, 55-64 (Summer 2011).
"2010 Significant Cases" The Harmonie Group, pg. 2.