Holifield & Associates was founded in 2004 by Al Holifield with offices in Knoxville, Tennessee. Our firm, now known as Holifield & Janich, PLLC, continues to be a trusted partner in legal excellence serving clients across the country from offices in Knoxville and Chicago.
We are a boutique firm with years of experience and knowledge in each of our practice areas. With a commitment to strategic advocacy and client-focused solutions, our experienced attorneys help privately and publicly held companies, not-for-profits, state and local governmental entities, executives and individuals navigate all varieties of legal issues, from day-to-day business matters to complex legal challenges.
Whether you’re protecting your business interests, resolving disputes, navigating regulatory and transactional matters or planning for the future, we offer trusted guidance and proven results.
Business Commercial Law
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Employee Benefits
Our firm is a full-service employee benefit firm. It is important to understand the laws that impact your employee benefit plans so you can keep your plans in compliance. See our practice areas for more detail describing the services we provide.
Employment Litigation
The attorneys of H&J have experience in all areas of employment litigation. We represent clients in claims brought under Title VII and the Tennessee Human Rights Act, as well as sexual harassment and wrongful termination claims, federal and state employment discrimination claims, breach of employment contracts and non-compete covenants actions. Our firm works successfully with many clients in defending such claims in both state and federal courts, and before the Equal Employment Opportunity Commission and the Tennessee Human Rights Commission.
Our experience extends to drafting position statements; handling negotiations and mediations; conducting employee interviews and whistleblower investigations; and representing employers in unemployment compensation hearings, Department of Labor compensation audits and congressional inquiry responses. H&J also assists clients with the U.S. Office of Federal Contract Compliance Program through compensation audits and compliance issues and helps form effective implementation strategies for consent decrees.
Employment Law
H&J counsels its clients regarding compliance with the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Tennessee Human Rights Act, and the Tennessee Disability Act.
Given the complexities of the employer/employee relationship, our firm also drafts and reviews employee handbooks and policies to ensure our clients are legally compliant and follow “best practices.” Such services also include advising clients on compliance with the Gramm-Leach-Bliley Act and other federal and state privacy laws.
We are always happy to answer clients’ questions about employment policies and ways to address the day-to-day concerns that employers face during the employer/employee relationship.
Employee Benefits Litigation
Since the beginning of their legal careers, the attorneys at H&J have been litigating matters involving fiduciary obligations under ERISA, as well as litigation involving benefit claims, subrogation claims, ESOP claims, Section 510 claims, age and sex discrimination claims, retiree health claims, executive compensation claims, and severance claims.
We have successfully represented clients before the United States Supreme Court (Yates v. Hendon, 541 U.S. 1 (2004)), the Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuit Courts of Appeal, and U.S. District Courts throughout the country. Below are representative samples of cases H&J has litigated
Business Law
H&J assists businesses throughout each phase of the life of a business, both profit and non-profit entities, including selecting the business structure that best suits the individual client’s needs.
Our attorneys represent clients from numerous industries including doctors and medical practices, restaurants, physician practices, dental practices, engineering firms, construction companies, contractors, subcontractors, insurance companies, convenience stores, real estate companies, fitness centers, commercial and residential landlords, and property rental companies.
Business Litigation
Unfortunately, the life cycle of a business may lead to a dispute that turns into a lawsuit. The attorneys of H&J are experienced in business litigation, representing clients during fair value disputes, contract disputes, shareholder/partnership disputes, shareholder derivative actions, breach of fiduciary duty claims, trademark infringement claims, non-compete litigation and confidentiality agreement litigation.
Construction Law
The attorneys of H&J provide comprehensive counsel to contractors, subcontractors, developers, property owners, and other stakeholders involved in construction projects. Whether managing a large-scale development, handling disputes, navigating regulatory compliance or looking for ongoing legal guidance, we offer practical, solutions-driven legal advice to ensure the project runs smoothly from start to finish.
Our Construction Law services include:
- Contract Drafting & Negotiation: We help clients craft clear, enforceable contracts that define the scope, terms, and expectations of construction projects, minimizing the risk of disputes and misunderstandings.
- Dispute Resolution & Litigation: When conflicts arise, our team offers skilled dispute resolution through negotiation, mediation, or litigation, ensuring the client’s interests are protected in court or alternative forums.
- Construction Defects: We advise on issues related to construction defects, helping clients address claims of substandard work, breaches of warranty, or non-compliance with building codes and regulations.
- Liens & Payment Issues: Our attorneys assist with mechanic’s liens, payment disputes, and enforcement of payment rights, ensuring contractors, subcontractors, and suppliers are compensated for their work.
- Regulatory Compliance: We provide guidance on complying with federal, state, and local construction regulations, including zoning laws, safety standards, environmental requirements, and licensing issues.
- Project Financing & Risk Management: Our team helps clients navigate the complexities of project financing, including bond requirements, insurance needs, and risk mitigation strategies.
Contracts
The attorneys of H&J have wide-ranging experience in contract negotiation and compliance dealing with the company’s operations with its employees, customers, vendors and suppliers, lenders and others.
We work side-by-side with our clients to draft, negotiate, and modify the contracts needed to protect our clients and govern various business relationships including sales, agent, and marketing agreements, franchise and license agreements, commercial leases, trademarks, leases, security agreements, promissory notes, as well as distributor, wholesaler, vendor, and supplier agreements.
We also represent employers regarding requests for contract equitable adjustments and responses to show-cause notices.
Company Structure
Corporations, Partnerships, and Limited Liability Companies
H&J has a great deal of experience with all types of business structures, including preparation of shareholder agreements, buy-sell agreements, partnership agreements, stock purchase agreements, stock option plans, preparation of meeting minutes for directors and shareholders, and drafting of corporate resolutions.
Our firm also counsels board members and business owners on the requirements of corporate governance and the fiduciary duties associated with oversight obligations.
General Counsel Services
For businesses seeking ongoing legal support, the attorneys of H&J provide comprehensive General Counsel services designed to meet the unique needs of businesses of all sizes.
Our experienced attorneys act as trusted legal advisors, offering proactive guidance and strategic counsel to help you navigate the complexities of business law, including, but not limited to corporate governance, contract management, employment law and regulatory compliance.
Whether you’re a startup, an established enterprise, or a growing organization, we become a trusted partner, providing proactive legal advice to address day-to-day legal challenges and mitigate potential risks.
Mergers and Acquisitions
H&J has a great deal of experience in assisting clients as either buyer or seller in transactions involving stock purchases or asset acquisitions including the structuring and negotiation of the transactions, performance of due diligence, preparation of other ancillary agreements and documents, and closing the sale. Attorneys of H&J have assisted clients with transactions in a wide variety of industries including vehicle dealerships, insurance practices and various other business types.
The vast experience of the attorneys of H&J allows each client to experience a diverse team with the knowledge such complex deals require, including state and federal corporate law, tax, ERISA, healthcare law, securities law, and labor and employment law.
Real Estate Law
H&J represents businesses and individuals in a wide variety of real estate transactions including the purchase, leasing, development, financing, management, construction and disposition of all types of real property. The attorneys at H&J have experience with a host of real estate contracts, including the negotiation, review and preparation of commercial and residential leases, purchase agreements, and deeds. The firm also handles transactions concerning commercial and residential acquisitions and sales, land development, restaurant properties, and investment properties. Our services further extend to the preparation of the numerous documents related to real estate closings, financing, and development.
Our experience does not conclude with the drafting and signing of any document. The attorneys at H&J have extensive experience in the negotiation and litigation of real estate issues and transactions including boundary disputes, construction liens, land use, zoning, subdivision, and other land development issues. Our attorneys also represent residential and commercial landlords and tenants during lease disputes, property developers in creating homeowner associations, as well as homeowners and homeowners associations in legal disputes.
Tax Controversies and Litigation
We represent clients in IRS audits and appeals involving employment, employee benefits and executive compensation tax issues, including worker reclassification, tax withholding and Internal Revenue Code Section 162 relating to deductibility of executive compensation as a reasonable and necessary expense. Whenever necessary we vigorously represent our clients in federal district and appellate courts, including the U.S. Tax Court.
We have considerable experience representing clients who have undisclosed and unreported offshore accounts in violation of the Foreign account Tax Compliance Act (FATCA) and the Internal Revenue Code. We advise these clients as to which path is most appropriate under their factual circumstances and we represent their interests in the Offshore Voluntary Disclosure (OVD) Program, the Streamlined Domestic Offshore Compliance Procedures, the Streamlined Foreign Compliance Procedures and Delinquent Filing Procedures.
Taxation
The attorneys of H&J assist clients with a multitude of tax problems including tax planning and tax litigation. Our attorneys assist with tax planning, including business succession planning, estate and gift tax planning, as well as audits and litigation with respect to federal income taxes, employment taxes, state franchise and excise taxes, sales and use taxes and property taxes, along with general day-to-day operational and organizational matters.
H&J represents individuals and entities in all types of federal and state tax litigation. Our attorneys represent clients before and against the Internal Revenue Service, the Tennessee Department of Revenue and have litigated cases in the U.S. Tax Court and other federal courts.
Trusts, Estate Planning & Probate
H&J represents clients with small and large taxable estates to ensure their assets are protected for retirement. In doing so, we strive to meet our clients’ unique goals to pass assets to their heirs with minimal tax consequences. Our firm seeks to achieve clients’ goals within the framework of clear, concise legal documents and planning for the future.
H&J works with clients and their advisers to obtain a complete picture of assets and goals, including stocks and bonds, real estate, family businesses and retirement plan accounts. Once information is obtained on the client’s assets, planning is effectuated with an awareness of income, gift, estate and inheritance taxes, as well as other transfer costs.
H&J also handles all probate matters in an efficient manner to minimize cost and time for the client, which includes working with administrators to prepare inventories and filing necessary tax returns. Other experience includes fiduciary disputes and litigation, including will contests, disputes between beneficiaries, breach of fiduciary duty and other contested matters.