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W. Preston Battle IV

Associate

Preston Battle assists clients with a variety of litigation matters from breach of contract issues to government investigations.

Professional Biography

Overview

Based in the Memphis office, Preston has a diverse practice that focuses on complex commercial and general business litigation, including white collar civil and criminal defense work in government enforcement actions and internal investigations, breach of contract cases, breach of fiduciary duty cases, and commercial lease disputes. He also has experience defending governmental entities against state and federal constitutional claims in federal court.

Preston serves as an executive on the Board of Directors of the Law Alumni Chapter of the University of Memphis Cecil C. Humphreys School of Law.

After law school, Preston clerked for the Honorable Thomas L. Parker, United States District Court for the Western District of Tennessee. While in law school, Preston clerked for the Honorable Felicia Corbin Johnson and the Honorable Robert S. Weiss, Shelby County Circuit Court.

Preston maintains a professional working proficiency in French.

Representative Matters
  • Successfully represented a national real estate investment trust in arbitration proceedings in which plaintiff had sought more than $75 million in damages for the alleged breach of contract and tortious interference with business relationships.

  • Prevailed on summary judgment in a declaratory judgment action in federal court involving judicial interpretation of a commercial lease on behalf of national distribution company.

  • Prevailed on a motion to dismiss on First Amendment grounds in a defamation lawsuit against a religious organization in federal court.

  • Obtained injunctive relief and a favorable settlement for casual dining franchisor in a breach of contract and trademark infringement dispute with a former franchisee.

  • Obtained a favorable ruling from the Tennessee Court of Appeals affirming the trial court's dismissal of an ancillary attachment action in an interpleader/breach of contract dispute.

  • Assisted in successfully petitioning the Tennessee Court of Appeals to overturn the trial court's denial of a motion to compel arbitration on behalf of a nursing home facility in a long-term care negligence action.

  • Defended the chief compliance officer of a publicly-traded biopharmaceutical company in SEC and DOJ investigations involving financial reporting and accounting fraud.

  • Defended an issuer of private placement in SEC enforcement action alleging Section 5, Section 17, and Section 10b-5 claims.

Professional Honors & Activities
  • Member – Leo Bearman Sr. Inn of Court
  • Graduate – Embark at the New Memphis Institute
  • Named a Best Lawyers in America® "Ones to Watch" in Commercial Litigation and Criminal Defense: White-Collar (2021)
  • Named an Attorney for Justice by the Tennessee Supreme Court (2018)
Publications

Education

  • University of Memphis Cecil C. Humphreys School of Law, J.D., 2016, cum laude
  • University of Tennessee, B.A. in French Language and Literature, 2011

Admissions

  • Tennessee, 2016
  • U.S. District Court for the Western District of Tennessee
  • U.S. Court of Appeals for the Sixth Circuit

Languages

  • French

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