Michael Rafferty

In more than 30 years of practice, I have appeared at every level of court, including the U.S. Supreme Court and all courts in Tennessee, Arkansas, and Mississippi, trying jury cases in small towns and large cities and successfully arguing appeals in the highest courts of these states and the federal appellate courts.

I focus my practice on commercial litigation, including:

• Business disputes (breach of contract claims, business torts, insurance coverage disputes)
• Employment matters (non-compete agreements, NDAs, protection of trade secrets, discrimination and whistleblower claims)
• Intellectual property disputes (copyright, trademark, and patent infringement claims)

My experience includes representing clients in:

• Complex, confidential arrangements in regulated businesses such as generic/off-patent manufacturing and in claims of securities fraud
• Insurance coverage matters, successfully prosecuting appeals to compel insurance coverage in the Tennessee Supreme Court and the U.S. Court of Appeals
• Environmental cost-recovery and contribution actions
• Product liability and personal injury claims
• Medical malpractice claims
• Professional licensing and disciplinary proceedings
• Coverage disputes with insurers and third-party payers, including Medicare.

This varied experience has taught me the following:

• Be confident, not arrogant. Listen more, especially to clients; it’s their case, not mine. Clients always know their business better than I ever will. Clients win cases, not lawyers.
• Be honest with everyone. Tell the truth to clients, judges and juries, opposing counsel, partners, support personnel, and especially to yourself. It’s a matter of trust and respect.
• Genuine humility is better than false modesty. Give credit when due; accept credit when earned.
  It’s always better to admit a mistake than defend an excuse.
• Clients come to lawyers for solutions. They don’t want to be told the problem; they know that already.
• Small things matter. Credibility is earned from performance; it is built on delivery, integrity, and timely responses.
• Know history – and your place in it. Most cases contain a lesson from the classics. Identifying the true story can help direct the desired result.

Lawyers are reflections of their clients, especially their values.

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