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Zachary A. Kisber

Associate

Zachary Kisber assists clients in a wide range of litigation matters, including consumer and commercial banking disputes, real estate and lease disputes, tax litigation, and bankruptcy and creditors' rights matters.

Featured Experience

Successfully defended financial institution against breach of contract claim stemming from allegations that the financial institution improperly paid checks from its customer's business account.  After filing motions for judgment on the pleadings and to strike the jury demand on behalf of the financial institution, the plaintiff voluntarily dismissed its case.

Prevailed on motion to dismiss FDCPA, FCRA, tortious interference, conversion and wrongful repossession claims in federal court on behalf of automobile finance company.

Obtained multiple receivership appointments and conducted judicial foreclosures of large apartment complexes on behalf of national mortgage company.

Professional Biography

Overview

As a member of the Financial Services Department, Zachary assists clients in a wide range of litigation matters, including consumer and commercial banking disputes, real estate and lease disputes, tax litigation, and bankruptcy and creditors' rights matters. He also represents clients in general business-related litigation, including contract disputes and commercial tort actions.

Specifically, Zachary has represented financial institutions and businesses with commercial disputes involving various state law causes of action, such as breach of contract, conversion, negligence, unfair trade practices, fraud and misrepresentation, as well as claims under the Uniform Commercial Code. Zachary also routinely defends his clients in federal court in cases involving the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Fair Debt Collections Practices Act (FDCPA), and other federal law claims. He has experience obtaining temporary restraining orders, injunctions, and other equitable relief on behalf of his clients in both state and federal courts. Zachary also routinely assists clients in consumer and commercial collection actions and has conducted numerous judicial and nonjudicial foreclosure actions.

While in law school, Zachary clerked for the Honorable Mary Grace Diehl in the U.S. Bankruptcy Court for the Northern District of Georgia.

Representative Matters
  • Successfully defended financial institution against breach of contract claim stemming from allegations that the financial institution improperly paid checks from its customer's business account.  After filing motions for judgment on the pleadings and to strike the jury demand on behalf of the financial institution, the plaintiff voluntarily dismissed its case.

  • Prevailed on motion to dismiss FDCPA, FCRA, tortious interference, conversion and wrongful repossession claims in federal court on behalf of automobile finance company.

  • Obtained injunctive relief and negotiated court-sanctioned sale of unpaid for goods on behalf of international commodities dealer.

  • Filed deed reformation action and successfully reformed deed of trust on behalf of national financial institution.

  • Recovered funds on behalf of national mortgage company in eminent domain action.

  • Obtained multiple receivership appointments and conducted judicial foreclosures of large apartment complexes on behalf of national mortgage company.

  • Successfully defended numerous premises liability actions in state and federal court for national retailer.

  • Obtained judgments in state court on numerous commercial and consumer loan defaults for various financial institutions.

  • 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.

  • Represented numerous railroads in federal district and appellate courts in tax litigation under Section 306 of the Railroad Revitalization and Regulatory Reform Act.

  • Defended numerous financial institutions and businesses in Telephone Consumer Protection Act cases in federal court.

  • Enforced forum selection clause appearing in website terms and conditions for online auction company.

  • Quashed subpoenas in state and federal courts.

  • Successfully defended employer in a union grievance proceeding before the Federal Mediation and Conciliation Service.

Professional Honors & Activities
  • Listed in Mid-South Super Lawyers as a Rising Star, Business Litigation (2019)
  • Recipient  – Memphis "Associate of the Year" Award (2017)
Publications

Awards

Zachary A. Kisber
Rated by Super Lawyers


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Education

  • Emory University School of Law, J.D., 2014, with honors
    • Articles Editor – Emory Law Journal
    • Dean's Award – Legal Writing, Research and Advocacy Program; Bankruptcy; Secured Transactions; and Remedies
  • University of Pennsylvania, B.A., 2010

Admissions

  • Tennessee, 2014
  • U.S. District Court for the Middle District of Tennessee, 2017
  • U.S. District Court for the Western District of Tennessee, 2014
  • U.S. Court of Appeals for the Sixth Circuit, 2015
  • U.S. Court of Appeals for the Fourth Circuit, 2016

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