Sean concentrates his practice on commercial/business litigation, secured transactions and creditors’ rights matters. He represents clients in a variety of litigation matters arising in state, district or bankruptcy court. In addition, he manages multi-jurisdictional litigation on behalf of clients across the United States.
Mr. Kirk helps small and large businesses resolve disputes and maximize the return on their dealings with other individuals and companies. Primarily, he assists his clients with assessing their risks, implementing a plan to manage those risks, and protecting and/or defending his clients’ interests with, or without, litigation.
- Successfully representing one of the largest electronic payment companies in the world, and second largest commercial issuer of MasterCard in North America, in multijurisdictional matters, including in the defense of preference and avoidance actions, resolving the disputes, collectively, for less than $0.05% of demand, as well as representing the client’s rights as a creditor in all facets of bankruptcies involving the client’s customers.
- Successfully representing one of the world’s largest financial services companies in the defense and dismissal, of multiple preference and avoidance actions.
- Successfully representing one of the world’s largest human resource software companies in multi-jurisdictional matters in both state and federal court.
- Successfully obtaining the dismissal of multiple lawsuits, including class action, brought against the nation’s leading specialty loan servicing company, for alleged violations of state and federal law.
- Successfully representing one of the world’s largest lenders in the automobile industry in the pursuit and defense of state, federal and bankruptcy litigation.
- Successfully obtaining a permanent injunction and monetary damages on behalf of one of the largest home and commercial security providers in the United States against one of its dealers for the dealer’s breach of its non-solicitation and non-compete agreement with the client.
- Successfully representing banks, credit unions and other financial institutions in all facets of litigation in both federal and state court.
- Continued collaboration with small businesses and other entrepreneurs as “general counsel” in formulating legal strategies as they grow.
Professional Recognition and Activities
- Tennessee Supreme Court, Certificate of Recognition for pro bono service in Tennessee
- AV© Rating, Martindale-Hubbell
- Nashville Bar Association
- Tennessee Bar Association
- Turnaround Management Association
- American Bankruptcy Institute
- Nashville Chamber of Commerce, Small Business Council
- American Inns of Court - Belmont University College of Law
- Belmont University College of Law Inn of Court: Mentor to First-Year Law Students
- Renewal House: Current Board Member
- Safe Haven Family Shelter: Current Board Member
- Monroe Harding: Former Board Member
- Book ‘Em!: Former Board Member
- Young Leaders Council, Class 44
- Volunteer with numerous civic and non-profit organizations including CASA Nashville, Big Brothers of Nashville, Habitat for Humanity of Greater Nashville and Legal Aid Society of Middle Tennessee and the Cumberlands
- Nashville Chamber of Commerce Business Studio
- Landlord-Tenant Law, Lease Agreements, Defaults, and Collections
- Banking Ethics, Southeastern School of Banking and Tennessee Bankers Association
- Pursuing Deficiency Judgments After a Foreclosure Sale in Light of Greenbank v. Sterling Ventures, LLC, Tennessee Real Estate Law Conference
- Settlement Issues When Bankruptcy is Involved, Tennessee Bar Association
- Nashville Chamber of Commerce Business Studio, 2015 - 2017
- "Landlord-Tenant Law, Lease Agreements, Defaults, and Collections"
- "Banking Ethics", Southeastern School of Banking and Tennessee Bankers Association
- "Pursuing Deficiency Judgments After a Foreclosure Sale in Light of Greenbank v. Sterling Ventures, LLC", Tennessee Real Estate Law Conference
- "Settlement Issues When Bankruptcy is Involved", Tennessee Bar Association
Sean, his wife Candice and daughter are active participants in the community and enjoy supporting local businesses and charities. When not working, Sean can usually be found spending time with his family, taking advantage of “Music City U.S.A.” by attending a concert at The Ryman Auditorium, or cheering on, win or lose, his Georgia Bulldogs or Atlanta Braves.