Contact

P: (865) 338-9715

F: (865) 338-9716

Education

Austin Peay State University, 1989

University of Tennessee, Knoxville, 1998

New York University School of Law, LL.M. 2000

Teresa M. Klenk, Partner

Teresa M. Klenk, a native of Ashland City, Tennessee, graduated magna cum laude from Austin Peay State University in 1989 with a degree in Accounting and Business Administration. She attended the University of Tennessee College of Law and graduated with honors in 1998. In 2000, Ms. Klenk attended New York University School of Law and received an advanced LL.M. degree in Taxation. She became a licensed Certified Public Accountant in 1990 (CPA license currently inactive) and worked as a CPA in a public accounting firm (tax and audit) and a controller/accounting manager in the manufacturing industry before going to law school.

Ms. Klenk is an experienced tax and business attorney. She is often a pivotal advisor to high net-worth individuals and companies, helping them with every aspect of their business and wealth strategy. Given her dual credentials as a CPA and tax attorney, she is often called in to handle complex, and often messy, tax matters and audits.

Ms. Klenk regularly assists clients with 1031 like-kind real estate exchanges. She has created a flat-fee service that provides clients with the same expertise of national 1031 exchange companies but with a down-to-earth and high-touch local experience.

Ms. Klenk also regularly helps small and medium-sized businesses with everything from start-up (whether buying a business or starting from scratch) to structuring throughout the life of the business, and then on to succession planning, transfer of the business to the next generation, or sale of the business.

Also, Ms. Klenk assists clients with a wide variety of estate planning services, ranging from simple estate planning services offered at fixed-fee prices to more complex planning services, including trusts, asset protection, lifetime gifting programs, marital planning, and charitable planning.

Education

Maryville College, B.A. Business and Organizational Management (2000)

University of Tennessee College of Law, J.D. (2003)

Steffanie M. Speck, Partner

Steffanie M. Speck graduated with Honors from Maryville College, where she earned a Bachelor of Arts degree in Business and Organizational Management (2000). She received her Juris Doctorate from the University of Tennessee College of Law with a concentration in Business Transactions (2003). Ms. Speck established the Title Law Program at the University of Tennessee College of Law and taught as an adjunct professor for six years while also practicing law.

Ms. Speck focuses her practice in the areas of commercial finance, real estate, escrow closings, and title insurance. Whether it is a single property or a complex, multi-site project, Ms. Speck has experience in applying creative and workable solutions to smoothly close transactions. Ms. Speck is adept in the representation of both regional and national lenders, borrowers, and developers. Ms. Speck handles local and national projects and often serves as lead counsel on portfolio purchase and sale transactions. Her clients include numerous banks, commercial real estate development firms, builders, private investors, and other lending institutions.

Ms. Speck’s practice also includes commercial contract negotiations, preparation of legal opinions, and general corporate matters. Ms. Speck is a Licensed Title Insurance Producer and has served on the Legislative Committee of the Tennessee Land Title Association. She is a Title Insurance Agent for Old Republic National Title Insurance Company and Fidelity National Title Insurance Company. Other appointments include her maintaining active membership in the Knoxville Bar Association, the Tennessee Bar Association, the Tennessee Land Title Association, and the American Land Title Association.

Ms. Speck previously served as in-house counsel for two of Knoxville’s top title companies, and was a partner in a respected Knoxville law firm for thirteen years before joining Brock Shipe Klenk PLC. She is also a Rule 31 listed general civil mediator. Ms. Speck serves in Executive Leadership on the Board of Trustees for the Christian Academy of Knoxville (CAK). She represents various non-profits on a pro bono basis and is very active in her faith community.

Ms. Speck loves spending time with her husband, Chad, their three sons, Cole, Cooper, and Callen, and their labradoodle, George Washington. She enjoys attending Cole and Cooper’s theatre productions and Callen’s sporting events. In her spare time, Ms. Speck loves reading, outdoor activities, travel, and spending time in the company of her family and friends.

Contact

P: (865) 338-9709

F: (865) 338-9714

Education

Cornell University, B.S. 2001

University of Southern California, J.D. 2004

Golden Gate University School of Law, LL.M. 2008

Mahogany P. Jenkins, Of Counsel

Mahogany P. Jenkins graduated with distinction from Cornell University in 2001 and attended the University of Southern California Gould School of Law, where she served as a senior editor of the USC Law Review and taught legal writing.

Ms. Jenkins received her Doctor of Jurisprudence degree from USC in 2004, graduating Order of the Coif. In 2008, Ms. Jenkins received an advanced LL.M. degree in Taxation from Golden Gate University School of Law. Ms. Jenkins previously practiced in leading law firms in Los Angeles and San Francisco. Ms. Jenkins represents banks and businesses of all types in commercial lending transactions, mergers, acquisitions, real estate development, and securities offerings.

Education

University of Tennessee, Knoxville, B.S. in Business Administration, 2009

Charleston School of Law, J.D. 2012

Luke D. Durham, Partner

Luke D. Durham graduated with honors from the University of Tennessee, where he earned a Bachelor’s Degree in Business. Mr. Durham then attended Charleston School of Law, where he earned several academic awards, including the top grade in Legal Research and Writing. Mr. Durham was the executive articles editor for the Malabu Law Review and served as an adjunct law professor during his 3L year. Mr. Durham was a member and chair of Phi Delta Phi.

Mr. Durham practiced for eight years with a large Knoxville firm, where he was named partner before joining Brock Shipe Klenk in 2021. Mr. Durham represents clients in litigation, focusing on complex business cases involving contracts, real estate, and other business-related matters. He has been lead counsel in hundreds of trials in courts all across the State of Tennessee.

As plaintiff’s counsel, Mr. Durham has obtained million-dollar settlements, and as defendant’s counsel, Mr. Durham has successfully defended his clients, prevailing at both the summary judgment and trial levels. Mr. Durham is a skilled appellate attorney who has successfully defended his trial court victories.

Mr. Durham is admitted to practice law in all Tennessee courts, the U.S. District Court for the Eastern District of Tennessee, the U.S. Court of Appeals for the Sixth Circuit, and the United States Supreme Court. Mr. Durham is an active member of the Knoxville Bar Association (CLE and LRIS Boards) and Tennessee Bar Association.

Mr. Durham also represents and serves as a board member to numerous non-profit organizations.

Memberships

2012, Supreme Court of Tennessee

2013, U.S. District Court, Eastern District of Tennessee

2013, U.S. Court of Appeals, Sixth Circuit

2016, U.S. Supreme Court

Knoxville Bar Association, Tennessee Bar Association, American Bar Association

Education

United States Military Academy West Point B.S. Engineering, 1969

University of Texas School of Law J.D. with honors, 1977

Adjunct Professor of Law, University of Richmond School of Law

Practice Areas

Commercial, Contract, Securities, Class Action, State and Federal Court Litigation

John A. Lucas, Of Counsel

John Lucas is an honor graduate of the U.S. Army Ranger school, an intense combat leadership course, a former member of the U.S. Army Special Forces and a decorated combat veteran, John brings his military philosophy to his law practice. Specifically, he defines the mission and then accomplishes it. He relies on good judgment, integrity, and his skill in the courtroom to solve his clients’ problems.

John’s legal practice and background includes a wide range of complex commercial litigation including the defense of class action lawsuits, antitrust and unfair competition suits, labor and employment disputes, lender liability claims, product liability suits, disputes over control of businesses, representation of bankruptcy trustees in protracted complex litigation arising out of collapsed Ponzi schemes, and the like.

John spent 31 years in litigation at Hunton & Williams and 5 years at Merchant & Gould, P.C. His practice has spanned a breadth and depth of legal and business issues, from the nuances of Delaware corporate merger law to the complexities of radiation monitoring systems for nuclear power plants. He has tried and argued cases in courts in at least fifteen states, including arguments before the U. S. Supreme Court, the Supreme Courts of Virginia and Tennessee, the U. S. Courts of Appeal for the 4th, 5th, 6th, and 9th Circuits as well as the Tennessee Court of Appeals and numerous state and federal trial courts.

John’s clients have run the gamut and include one of the world’s largest construction companies, a variety of Fortune 50 and Fortune 500 Companies, a former Cabinet officer, a state governor, multiple local governments and officials, utility companies, banks and financial institutions, and a multitude of small businesses and deserving individuals.

Military Experience

Served with the 1st Cavalry Division in Vietnam from 1970-71 as the “Blue” or Aero-Rifle platoon leader with B/1/9 Cavalry. Awards Include Combat Infantrymen’s Badge and Bronze Star Medal w/”V” device and 3 Oak Leaf Clusters.

1969-74 – Commissioned service.

1965-69 – U.S. Military Academy at West Point. Member of gymnastics team. Commissioned in the infantry.

1963-65 – Enlisted Service, U.S. Army, Special Forces qualified. Honor graduate U.S. Army Ranger School.

Other Representative Reported Decisions

New London Tobacco Mkt., Inc. v. Ky. Fuel Corp., 2014 U.S. Dist. LEXIS 141262 (E.D. Ky. 2014)

New London Tobacco Mkt., Inc. v. Ky. Fuel Corp., 2014 U.S. Dist. LEXIS 147801 (E.D. Ky. 2014)

Webb v. First Tenn. Brokerage, 2013 Tenn. App. LEXIS 396 (Tenn. Ct. App. 2013)

Thompson v. Hayes, 748 F.Supp.2d 824 (E.D. Tn. 2010)

State of Tennessee, ex rel. Beckorn v. American Tobacco Co., 18 S.W.3d 188 (Tenn. 2000).

Waste Conversion Sys., Inc. v. Greenstone Indus., Inc., 33 S.W.3d 779 (Tenn. 2000).

Carbon Fuel Corp. v. USX Corp., 100 F.3d 1124 (4th Cir. 1996).

McClaran v. Plastic Industries, Inc. 97 F.3d 347 (9th Cir 1995).

Foster Wheeler Energy Corp. v. Metropolitan Knox Solid Waste Auth., 970 F.2d 199 (6th Cir. 1992).

Awards & Recognition

Best Lawyers in America 2013, by The Best Lawyers in America.

Named as one of Knoxville Top Attorneys by Cityview Magazine for Antitrust, Appellate Practice, Business Litigation, Civil Litigation, Class Action-Defense, Federal Court Practice and Securities Defense.

Selected for inclusion and profiled in Mid-South Super Lawyers.

Leadership and Civic Involvement

Past President, West Point Society of East Tennessee. Executive Committee Member for the Congressional Medal of Honor Convention 2014. Fellow, Tennessee Bar Foundation. Fellow, Knoxville Bar Foundation.

Personal Interests

John competed and took first place in his age group in an Ironman triathlon. He is a private pilot who loves reading, military history, mountain climbing, hiking, biking and personal fitness. Those personal interests, however, are frequently subordinated to his favorite past times of cross examining expert witnesses and trying cases. Follow John’s progress on his walk across Switzerland by visiting his blog.

Representative Cases

Prevailed after oral argument in a 5-4 decision by the U. S. Supreme Court in Pioneer Investment Services v. Brunswick Associates Limited Partnership, 501 U.S. 380 (1993).

Member of a trial team that defended a multi-national company in a complex class action trial on ERISA claims in U.S. District court in Knoxville. After trial, the Court found for John’s client on all claims and dismissed the case. The decision was affirmed by the U.S. Court of Appeals for the Sixth Circuit.

Represented the plaintiffs in a breach of contract and fraud action in federal court against companies owned by the family of a prominent politician. John obtained a judgment for his client of over $51 million as a result of sanctions awarded by the district court. This is believed to be the largest sanction award in the history of U.S. jurisprudence. The case is currently on appeal.

Obtained a series of summary judgment orders resulting in the dismissal of a complex lender liability case against a major bank. At the conclusion of the case, John obtained a sanctions award against the plaintiff for over $1.6 million, which is believed to the be largest sanctions award ever entered by a Tennessee state court.

Represented the plaintiff in a securities fraud action against a major securities firm. The defendant’s standard customer agreement contained a mandatory arbitration clause. After a trial of the defendant’s motion to compel arbitration, obtained a ruling that the defendant’s standard arbitration agreement was unenforceable for a variety of reasons, including that it was unconscionable. This ruling by the trial court was affirmed by the Tennessee Court of Appeals.

Represented a multi-national company that had been sued for trademark violations and unfair competition. In a case in federal court in Atlanta, GA after a hung jury, the judge entered judgment as a matter of law for his client.

Represented a multi-state convenience store owner whose franchise had been terminated by a major international oil company. The case was tried before a jury in the United States District Court for the Northern District of Georgia. The jury returned a verdict in favor of his client on all 26 breach of contract claims made by the major oil company. It also awarded his client $500,000, plus attorneys’ fees, on the counter-claim under the Petroleum Marketing Practices Act.

Represented a high-tech company against class action claims, when it was sued in an effort to block a $1 million merger between his client and a multi-national corporation. John was retained to spearhead the defense effort even though his client had been represented for a number of years by a prominent firm that would continue working on the case. To put together an effective team of potential competitors who would work smoothly together, subordinating their competitive instincts to the client’s best interest, was a challenging leadership task. With the cooperation of everyone, John was able to put together a team that proved its worth by quickly and decisively defeating the plaintiffs and obtaining the dismissal of all claims against his client, allowing the merger to proceed.

Lead counsel for the tobacco industry in a number of large high-profile suits in Tennessee, some of which potentially involved hundreds of millions and even billions of dollars. As lead counsel for the industry he was responsible for coordinating the efforts of the defense group, examination of key witnesses, making the oral arguments on motions and appeals, and generally providing leadership to a diverse group of sophisticated litigants and attorneys in big cases. This was a challenging task because to accomplish it effectively John had to gain and retain the confidence and respect of diverse group of aggressive, sophisticated lawyers, type-A personalities, all.

Represented a major international construction company in complex litigation over a radiation monitoring system at nuclear power plant. The case was resolved in favor of John’s client with a very favorable settlement after three days of trial.

Represented a kayak manufacturing company in a jury trial for trademark infringement and inducement to breach contract in the United States District for the District of Idaho. Although a jury verdict was entered against the defendants, John was able to obtain a reversal in the United States Court of Appeals for the 9th Circuit, which rendered a judgment in favor of his client on all claims without requiring a new trial.

Represented a coal company in a complex, multi-party dispute over responsibility payment of coal miners’ pension benefits. After two separate arguments before the U. S. Court of Appeals for the 4th Circuit, John’s client was successful on all counts.

Represented a corporate executive in multiple multi-day arbitrations involving substantial sums. The details and results are confidential.

Lead trial counsel for the trustee of a failed industrial loan and thrift company. In this role John coordinated the filing, preparation and trial of over 1,000 suits to recover fraudulent conveyances and preferential transfers. He tried scores of suits, and argued motions and appeals too numerous to count. See, e.g., In Re SIBC, 59 B.R. 978 (Bankr.E.D. Tenn. 1986; In Re SIBC, 56 B.R., 349 (Bankr.E.D.Tenn 1986).

Represented the City of Knoxville and multiple city and county officials in a variety of suits, including claims under 42 U.S.C. §1983, with successful results in all cases, including affirmances by the U. S. Court of Appeals for the 6th Circuit.

Prevailed in various jury trials, defending financial institutions against a variety of claims.

Contact

P: (865) 338-9726

F: (865) 338-9727

Education

Juris Doctor (J.D.); University of Tennessee College of Law, 2019; Summa Cum Laude.

Bachelor of Arts (B.A.); Political Science and Economics; University of Washington, 2014.

Practice Areas

Commercial Real Estate Transactions, Mergers, Acquisitions, Securities Offerings, Litigation

Elijah C. Lovingfoss, Associate

Elijah C. Lovingfoss attended the University of Tennessee College of Law, where he graduated first in his class and was named the Outstanding Graduate for the Class of 2019. Eli was also nominated to be a member of the Order of the Coif in recognition of his academic accomplishments. During his time in law school, Eli was the Editor-in-Chief of the Tennessee Journal of Race, Gender & Social Justice. He was also an Article Editor for The Tennessee Law Review, which awarded Eli with the Silver Pen Award for his case note on intellectual disabilities in death penalty proceedings. He also received the James L. Powers III Excellence in Criminal Advocacy Award for his work in the College of Law’s Advocacy Clinic. Eli was also a student member of the Hamilton Burnett Chapter of the American Inns of Court.

Throughout his time in law school, Eli earned numerous awards for his academic work, having the highest grade in Torts I, Evidence, Federal Courts, Advocacy Clinic, Business Associations, Wills & Trusts, Administrative Law, Behavioral Economics, Constitutional Law, Investigatory Criminal Procedure, Secured Transactions, and Civil Pretrial Litigation.

In addition to his academics, Eli was committed to pro bono work, serving on the UT Pro Bono Fundraising Board during his 1L year and spending both his 1L and 2L spring break serving the communities of Cherokee, North Carolina and Gray, Tennessee through the law school’s Alternative Spring Break Program.

Eli, originally from Longview, Washington, obtained his undergraduate degree in Political Science and Economics from the University of Washington in Seattle and is still a die-hard Huskies fan. Prior to moving to Tennessee, Eli spent almost two years working in various positions at Kapstone Paper and Packaging, a box plant in his hometown. While there, Eli sharpened his work ethic, learning how to handle stressful situations and the value of hard work. These lessons are integral to his practice of law, and Eli will always work his hardest to obtain a favorable result for his clients.

At Brock Shipe Klenk, Eli focuses his practice on a variety of transactional matters, including commercial real estate transactions, mergers, acquisitions, and securities offerings. He also handles litigation matters for business clients. Prior to joining Brock Shipe Klenk, Eli’s practice focused primarily on civil litigation involving property and construction disputes. However, he also gained significant experience on commercial real estate transactions.

During his downtime, Eli can be found with his wife Avery, whom he met in law school, playing golf, or hiking in the Smoky Mountains.

Bar Admissions

Knoxville Bar Association (2019)

Tennessee Bar Association (2019)

U.S. District Court for the Eastern District of Tennessee

Education

J.D., Vanderbilt University Law School

B.S., Carson-Newman University; Major: Financial Economics and Commercial Banking. Minor: Music; Outstanding Graduate In Economics

W. Edward Shipe, Partner

W. Edward Shipe attended Vanderbilt University Law School, where he was awarded a Certificate of Law and Business in a joint studies program with the Vanderbilt Owen Graduate School of Management, and Carson-Newman University, where he was named the Outstanding Graduate in Economics.

Mr. Shipe represents business clients in litigation, focusing on complex cases involving contracts, finance, trade secrets, real estate, enforcement of restrictive covenants, and other subjects. He has been lead trial counsel in cases involving international transactions, cross-country parties, and local businesses in courts in Tennessee and as far as the west coast. Mr. Shipe is also adept at working collaboratively with co-counsel at regional and national law firms.

As plaintiff’s counsel, Mr. Shipe has been involved in obtaining multi-million dollar judgments and favorable settlements and, as defendant’s counsel, Mr. Shipe has successfully defended his clients, including by prevailing at summary judgment. Lastly, Mr. Shipe is a skilled appellate attorney who has successfully defended his trial court victories and overturned erroneous trial court decisions.

Mr. Shipe also works with his team on general corporate guidance, real estate development and transactions, and healthcare. This team has represented many clients as an outside general counsel, provided healthcare compliance work including HIPAA and Stark “Anti-Kickback” Law, formed and provided documents for business organization and protection, has closed multi-million dollar real estate transactions, and has expertise in covenants and restrictions, developer’s rights, and HOAs.

Representative Cases

Appolo Fuels, Inc. v. Claiborne Heavy Hauling, LLC, No. 3:11-cv-00467, 2015 U.S. Dist. LEXIS 117563, 2015 WL 5157473 (E.D. Tenn. Sept. 2, 2015) (prevailing at trial and successfully piercing the corporate veil)

Aqua-Chem, Inc. v. D&H Mach. Serv., No. E2015-01818-COA-R3-CV, 2016 Tenn. App. LEXIS 769 (Tenn. Ct. App. Oct. 17, 2016) (prevailing on appeal upholding a bench verdict and judgment)

America’s Collectibles Network, Inc. v. Sterling Commerce (Am.), Inc., No. 3:09-cv-143, 2019 U.S. Dist. LEXIS 75924, 2019 WL 1993543 (E.D. Tenn. May 6, 2019) (prevailing at trial, resulting in a judgment exceeding $18 million)

Memberships

State Bar of Tennessee, 2004

State Bar of Mississippi, 2004 (currently inactive)

Tennessee Bar Association

Knoxville Bar Association

Education

Community College of the Air Force, 2 AAS (Financial Management and Logistics), 2001

Newman University, BS (Business Management), 2001

Management), 2001 Washburn University School of Law, J.D., 2004

Deborah Buchholz, Associate

Prior to her legal career, Deborah Buchholz served for six years in the United States Air Force, first as a supply management specialist at Yokota AB Japan and then as a financial analyst at McConnell AFB in Kansas. Ms. Buchholz rose rapidly through the ranks. She obtained three separate degrees and excelled in the required professional military education, as demonstrated by the receipt of the John Levito Award, the highest honor presented to a graduate thereof.

Following her honorable discharge in 2002, Deborah Buchholz was granted a full scholarship to and attended Washburn University School of Law. There, Ms. Buchholz received CALI Awards of Excellence for multiple classes recognizing her as the top student and ultimately graduated Magna Cum Laude in 2004.

Ms. Buchholz is now an experienced business attorney with expertise in transactions including business formations, contract negotiations, real estate development transactions, and healthcare-related matters.

R. Cuyler Haskins, Associate

Mr. Haskins graduated from the John V. Roach Honors College at Texas Christian University with a degree in political science and was awarded the Dean’s Scholarship to attend and graduate from Vanderbilt University Law School.

He is an associate with the firm’s litigation team and focuses on complex commercial disputes. Mr. Haskins has served as part of the trial team in numerous lawsuits seeking to protect his clients’ contractual rights. Mr. Haskins assisted and has participated in depositions of a diverse group of business leaders, including coal executives in post-acquisition disputes and business owners in officer indemnification disputes. He also contributes routinely to his team’s strategic and effective motion practice with his research, writing, and critical thinking. Additionally, Mr. Haskins has been intimately involved in analysis, planning, and effective organization to achieve the best results for his clients. Mr. Haskins has been integral to the firm’s appellate practice, including assistance in brief writing and preparation for oral argument.

Prior to his work in litigation, he served as staff member for a senate committee in the Tennessee state legislature and as a regulatory analyst for a global financial firm.

Education

Clemson University (Magna Cum Laude 2001)

University of Tennessee College of Law (2004)

Chad A. Speck, Of Counsel

Chad A. Speck attended Clemson University (Magna Cum Laude 2001) where he was a two-time team captain of Clemson’s football team. He graduated with honors from the University of Tennessee College of Law in 2004.

Mr. Speck focuses his practice in the areas of sports law, contract negotiation, contract drafting, corporate formation, business transactions, intellectual property, labor and employment law. He has worked with some of the top professional athletes, college administrators and brands to negotiate over a billion dollars in contracts, including the largest guaranteed contract in the history of the NFL. Mr. Speck is a Certified Contract Advisor with the NFL Players Association and a Certified NBPA Player Agent.

Mr. Speck serves on the Board of multiple non-profit corporations and is a volunteer football coach at Christian Academy of Knoxville (CAK). Chad loves spending time with his wife Steffanie, their three boys Cole, Cooper, and Callen, and labradoodle George Washington.