Attorneys

In addition to his broad litigation experience, Stephan routinely counsels business owners on day to day questions they face on corporate matters, business questions, and buy-sell issues. Stephan’s business clients range from single owner operations to multi-state businesses. Stephan’s medical and dental professional clients regularly consult with him on their ongoing needs as well. Stephan’s skill set as a litigator allows him to better counsel his corporate clients in understanding their contracts and conducting a risk assessment.

Stephan graduated from Miami University in Oxford, Ohio, with a Bachelor of Arts Degree, where he majored in both History and Zoology. He received his Juris Doctorate, graduating cum laude from The University of Akron School of Law in 2003. While at The University of Akron, he was a member of Akron’s trial team.

Each year since 2020, Stephan has been named a Super Lawyer and in each year from 2009-2018, Stephan was named either a “Mid-South Rising Star” or an “Ohio Rising Star” as noted by Super Lawyers.

Stephan lives in Chattanooga with his wife, Heather, and their twin daughters. They attend Christ United Methodist Church where they are both involved in leadership roles. Stephan currently serves as President for the Board of Directors for Volunteers in Medicine. He is also a Barrister in the Brock-Cooper American Inn of Court in Chattanooga.

Shane has obtained allowance of over 150 U.S. patents and over 150 U.S. trademark registrations.

Patent Filings

-Obtained allowance of key patents covering consumer product companies core product and successfully defended client through two ex parte reexaminations at the U.S. Patent & Trademark Office.

-Obtained allowance of over 25 U.S. patents and over 15 foreign patents for Vesalio, a venture capital-backed medical device company.

-Obtained allowance for complex hoisting systems used to repair cell phone towers.

-Obtained allowance of over 20 patents on building brackets for longtime client Fox Hardwood Lumber.

Patent Litigation

-Obtained summary judgment of infringement for patent holder in district court litigation in Utah. My Sweet Petunia v. Stampin’ Up!, No. 2:18-CV-796 TS, 2021 U.S. Dist. LEXIS 17769 (D. Utah Jan. 28, 2021)

-Obtained key ruling on patent marking in district court litigation in the Middle District of Tennessee. Sunless, Inc. v. Selby Holdings, LLC, No. 3:20-cv-00930, 2021 U.S. Dist. LEXIS 149902 (M.D. Tenn. Aug. 10, 2021)

-Part of team that represented multinational pharmaceutical company in winning preliminary injunction on patented product against competitor. Research Found. of State Univ. of N.Y. v. Mylan Pharm., Inc., 723 F. Supp. 2d 638 (D. Del. 2010)

Trademark Litigation

-Handled over 20 trademark oppositions.

-Successfully settled trademark litigation in district court after court denied motion to dismiss.

-Managed successful European opposition proceeding involving client’s trademark where the European Union Intellectual Property Office (EUIPO) denied a challenge against client’s trademark.

Shane was awarded the Chris Bartok Memorial Award for Excellence in Patent Law upon graduation at the George Washington University Law School, and has been interested in patent law since he began his legal career.

Shane enjoys spending time with his family, golf and tennis.

Community
Shane is active at St. Bernard Academy, where he is on the capital campaign to expand the cafeteria and previously served as the President of the Board of Trust.

Practice Areas

• Labor and employment
• Employment Litigation
• Business and Corporate Law
• Probate and Trust Disputes

Experience

• Obtained summary judgment in boundary-line dispute that removed property encroachments and awarded our client over $30,000 in damages
• Defended HOA from a HUD discrimination charge citing race and national origin. Following rounds of briefings and witness interviews, obtained a decision from HUD that there was no reasonable cause to believe that the HOA violated the Fair Housing Act
• Obtained complete dismissal for client facing FMLA retaliation and whistleblower allegations, which the 8th Circuit of Appeals unanimously affirmed on appeal
• Achieved favorable settlement for client facing FLSA-misclassification allegations
• Successfully defended claim for workers’ compensation benefits after demonstrating the employee violated work restrictions, resulting in additional injuries
• Obtained dismissal of intentional infliction of emotional distress and punitive damages claims for client, resulting in over one million dollars of potential damages being dismissed
• Obtained dismissal of workers’ compensation case where employee claimed mental injuries
• Achieved reduction of attorney fee award for refusal to provide medical care via application of the doctrine of unclean hands
• Achieved favorable settlement for client after successful deposition of workers’ compensation claimant purporting to be permanently and totally disabled

• University of Memphis, Cecil C. Humphreys School of Law, 2014
• The University of Tennessee at Chattanooga, 2010

• Best Lawyers in America: Ones to Watch, Labor and Employment Law – Management, 2021 – Present
• Super Lawyers: Mid-South Rising Stars – 2022
• Brock-Cooper Inns of Court
• Chattanooga Bar Association
• Tennessee Bar Association
• Lambda Chi Alpha Fraternity

• Tennessee, 2014
• Federal District Court Eastern District of Tennessee
• U.S. Court of Appeals Sixth Circuit

• 2019 Northwest Georgia SHRM Meeting regarding FMLA and ADA issues
• 2019 TN SHRM Conference regarding “Employee Medical Leave: Common Questions, Hot Topics, and Best Practices”
• 2020 Lorman Webinar, co-presenting with Robert J, Barth, Ph.D., “Defending and Pursuing Mental Health Claims Under FMLA and ADA”

As a Chattanooga native, Charles spent his youth in East Brainerd and then attended the University of Tennessee at Chattanooga, where he obtained his undergraduate degree, before moving to Memphis to obtain his law degree at the University of Memphis, Cecil C. Humphreys School of Law. Charles currently resides in Ooltewah with his wife, son, and their two dogs.