- Marc H. Harwell
- Member
- 801 Broad Street, Third Floor
- Pioneer Building
- Chattanooga,TN 37402
- 423.424.3908 fax: 423.308.0908
Since 1989, Mr. Harwell’s practice has focused on civil litigation in defense of employers and insurers. For over 20 years, he has taken hundreds of depositions and has tried over 100 cases. As reflected by his Representative Client Work, his practice is devoted to litigation and to counseling employers and businesses on the ways in which to successfully avoid litigation through proactive measures.
The successful results that he has achieved are primarily the result of diligent effort, attention to detail, experience and knowledge as a trial lawyer, a typically proactive/ aggressive attitude, and the resources of this firm. The best gauge of his success in serving the needs, demands, and expectations of a very discerning and sophisticated client base are through the clients, and references are available upon request.
As is reflected in his professional associations and in his community involvement, he is committed to assisting businesses with insight, perspective, and developments in the law. He is committed to giving of his time and energy for the betterment of his community and has worked in numerous leadership roles for various organizations in doing so. These leadership roles also illustrate his ability to work with people in an organized, cooperative, and successful manner to fulfill the goals of the organization.
Since approximately 2004, Mr. Harwell has served as Chairman of the Hiring Committee for Leitner, Williams, Dooley & Napolitan.
Representative Client Work
Represented architect in Malpractice/Premises Liability Case and obtained Summary Judgment
Represented contractor in Construction Defects Case involving owner, architect, structural engineer, geotechnical engineer, etc., and won
Represented Fortune 500 transportation company in Wrongful Death Case with an ad damnum of $600 Million Dollars and obtained a settlement for less than the plaintiffs’ expert expenses
Represented Fortune 500 transportation company in a tractor/trailer “Pull-Out” Case with significant, objective injuries and obtained settlement for approximately 2 times the special damages
Represented employers in Age, Race, and Gender Discrimination Cases with successful results obtained for the employers.
Prepared Rules of Conduct and Discrimination/Retaliation policies for employers.
Represented business owners in ADA Building Accessibility Discrimination Cases with successful results achieved for the owners.
Wrote FMLA policies for employers following the 2009 amendment to the FMLA.
Successfully defended employers on retaliation claims with summary judgments entered.
Successfully tried retaliation lawsuits for employers with defendant’s verdicts rendered at conclusion of trials.
Represented insurance carriers on complex coverage issues with advice rendered and strategies implemented for the ultimate, successful defense of the carriers.
Represented employers in cases concerning non-compete agreements and non-solicitation agreements with successful results achieved for the clients.
Counseled numerous employers on hiring and firing decisions; employment practices; reductions in force; WARN Act concerns; age discrimination issues; ADA and ADAA issues; FMLA issues; and retaliation concerns.
Represented health clinic in medical malpractice actions with successful results achieved in all instances.
Represented pharmacy (Fortune 500 company) in pharmaceutical malpractice litigation with successful result achieved.
Title Companies and other Professional Architects with results appreciated by client.
Representing attorneys with results appreciated by client.
Represented Fortune 500 Companies in wrongful death cases with results appreciated by client.
Professional Affiliations
Federation of Defense and Corporate Counsel, member since 2006 (Vice-Chair Transportation Section; Vice-Chair Construction Section; Member, Employment Section)
ALFA International Transportation Section - Program Chairperson for 2012 Annual Meeting.
ALFA International Transportation Section - Client Advisory Committee - 2010 to present.
ALFA Transportation Client Advisory, Board Member, 2009-present
ALFA International (Employment Law Practice Group Steering Committee and Transportation Practice Group Steering Committee since approx. 2003)
Tennessee Supreme Court's Board of Professional Responsibility Hearing Committee Member, 2009-2012
American Inns of Court - Master of the Bench effective 2011
Tennessee Defense Lawyers Association
Defense Research Institute
Chattanooga Bar Association (served on the Board of Governors of the Young Lawyers Division of the Chattanooga Bar Association, 1993-94)
Tennessee Law Review, Staff Member, 1988-89
Community Involvement
American Cancer Society's Annual Fundraiser for Breast Cancer, "Pink" Event, Co-Chairman
Elect 2010-11
Siskin Children’s Institute 365 Club Annual Campaign, 2006-2009
St. Paul’s Episcopal Church Co-Chairman 2003 Stewardship Campaign, Co-Chairman, 2007-2009; 2006 Discernment Committee Member; 2009 Stewardship Committee Member
"The Arts & Education Council Annual Fundraising Event, Co-Chairman, 2003
Big Brothers-Big Sisters of Chattanooga, 2001-2005
American Heart Association, Hamilton County Unit – Board of Directors from 1992 to 2001 (Chairman 2000-2001)
Siskin Physical Rehabilitation Foundation, Board Chairman, 2000-2001
Siskin Mardi Gras Fundraising Event, Co-Chairman - approx. 1997-99
Publications and Lectures
Future Lectures/ Publications:
FDCC Special Project, The Tri-Partite Relationship (to be published 2011)
Recent Lectures/ Publications:
FDCC Plenary Sessions, "Avoiding Social Media Pitfalls, Tips for the Employer", Winter meeting, California, March 2011
Speaker - Plenary Session of ALFA International Employment Seminar - "Social Media and The Workplace" - November, 2010.
Speaker - Plenary Session of FDCC Winter Meeting - "Get Your Facebook Out of MySpace" - March, 2011.
Moderator - Plenary Session of ALFA International Transportation Seminar - "Security Issues Confronting the Trucking Industry" - May, 2011.
ALFA Employment Conference, "Social Media for the Workplace", Laguna Niguel, CA, November 2010
ALFA Transportation Update, co-editor (a quarterly publication) from approximately 2006 through summer 2010
LWDN Labor & Employment Law Seminar, ADAAA Points of Interest, Brentwood, TN, April 2010
FDCC Transportation Section, Management of the Expert Witness, Winter Meeting, Orlando, Florida, March 2010
FDCC Plenary Sessions, Forum Non Conveniens Issues, at the Homestead in West Virginia, July 2009
ALFA Employment Law Teleconference – “FMLA Update”, July, 2009
Leitner, Williams, Dooley & Napolitan Employment Seminar in Nashville, TN – “FMLA Update”, April, 2009
FDCC Quarterly – “Wage & Hour Issues in the Context of Class Actions”, Spring, 2008
FDCC; Banff, Canada – “Retaliation in the Workplace”; and “Class Action Issues Involving Wage-Hour Disputes” , July 30, 2008
ALFA International Transportation Seminar; Palm Beach, FL – “Winning at Trial”, April 30-May 2, 2008
ALFA Employment Law Conference; Half Moon Bay, CA – “Wage & Hour Issues in a Class Action Context”, October 3-5, 2007
Leitner, Williams, Dooley & Napolitan Employment Law Seminar; Nashville, TN – “Retaliation in the Workplace”, May 7, 2007
National Private Truck Council Safety Conference; Dulles, VA – “Responding to the Catastrophic Accident”, September 14-15, 2006
ALFA Transportation Practice Group Seminar; Lake Las Vegas, NV – “The Animated Witness – Demonstrative Evidence for a Catastrophic Accident”, approx. 2006
National Private Truck Council Conference; Nashville, TN – “Transportation Industry Best Practices for Accident Team Response”, 2005
ALFA’s Tennessee Employment Law Compendium, since approx. 2004
Co-Editor of ALFA’s Sixth Circuit Employment Law Compendium, from approx. 2005-2007
“Constitutional Law – Eighth and Fourteen Amendments – Capital Punishment, “55 Tenn. L. Rev. 391 (1988) - Law School Case Note Published.
In The News
Appointed to Tennessee Supreme Court Board of Professional Responsibility Hearing Committee for the 2009-2012 term