Areas of Practice

Real Estate

Sword, Floyd & Moody's real estate attorneys assist clients in buying, selling, financing, development, leasing, and construction of residential, commercial, and industrial properties. We help individuals, partnerships, limited liability companies, and corporations with the structuring and documentation of all types of real estate transactions. We deal with complex tax, land use, and environmental matters. Our real estate work includes:

• Property acquisition and sale
• Land use and zoning
• Title insurance
• Advising lenders and borrowers
• Design and construction contracts
• Mortgage loans
• Planned unit developments and subdivisions
• Multi-tenant and condominium development and operation
• Construction financing for office, retail, and industry
• Tax-deferred and like-kind exchanges
• Restructuring loans and foreclosures
• Leases and landlord/tenant problems

Contact David L. Bohannon, David M. Fernandez, Stuart K. Olds, or Melinda A. Murphy

Corporate, Business and Banking

Sword, Floyd & Moody represents a wide array of businesses of all sizes and in all stages of development and banking and financial institutions.

We advise our clients on general business and contract issues, financing strategies, and growth opportunities. Our attorneys assist our clients in choosing and organizing their business entities ("C" or "S" corporations, limited liability companies, or partnerships); preparing and establishing agreements among shareholders, members and partners; drafting employment agreements and benefit and compensation plans; and reviewing and negotiating lease, distribution, licensing, franchise, and supply agreements.

We counsel clients on family and management succession planning and the use of sophisticated transfer techniques to facilitate moving the family business from one generation to the next.

Our attorneys have handled matters in virtually every area of banking law— transactional work, complex regulatory and compliance matters, and sensitive litigation matters. Our firm is recognized as valued advisers to financial institutions and other lenders.

Contact David L. Bohannon, Michael R. Eaves, David M. Fernandez, Stuart K. Olds, Melinda A. Murphy, Nora J. Shepherd, or Jason M. Colyer

Civil Litigation

Sword, Floyd & Moody has extensive experience in state and federal trial and appellate courts, administrative agencies, and a variety of tribunals and forums for alternative dispute resolution. Our trial lawyers are experienced in nearly all areas of commercial litigation, arbitration and mediation including:

Contact David L. Bohannon, Michael R. Eaves, Stuart K. Olds, Melinda A. Murphy, Nora J. Shepherd, or Jason M. Colyer

Health Care

Sword, Floyd & Moody represents many types of organizations, from health care providers to other health-related businesses and individuals. We have experience in the formation and representation of for-profit and tax-exempt corporations, foundations, professional corporations, partnerships, limited liability companies, and joint ventures. Our breadth of experience includes innovative and practical solutions in the following areas:

• Standards of care and practice issues, including patient consent, confidentiality, medical records, peer review, and medical staff bylaws and functions
• Regulation and administrative proceedings, including fraud and abuse, compliance plans and licensure
• Relationships among providers and payers, including referral restrictions, employment, recruitment, and assistance to individual providers
• Business organization and maintenance, including choice of entity, formation, restructuring, and for-profit and tax-exemption issues
• Business transactions, including contracts, financing, reorganizations, joint ventures, major medical equipment acquisitions, hardware and software agreements, and real estate

Contact Michael R. Eaves,  or Jason M. Colyer

Personal Injury and Property Damage

Nursing Home Abuse and Neglect. Holding nursing homes accountable for:

• Falls
• Malnutrition
• Bed sores or decubitus ulcers
• Dehydration
• Medication errors
• Attacks or assaults by residents or staff

Contact David L. Bohannon or Nora J. Shepherd

Taxation

Sword, Floyd & Moody provides advice and assistance to clients on a variety of federal, state, and local tax matters. We represent clients before governmental agencies and courts in both federal and state tax controversies. We frequently represent clients in controversies with the Internal Revenue Service. We are routinely involved at the audit level, as well as administrative appeals and litigation processes. We also negotiate on behalf of clients in tax collection matters and help clients pursue offers-in-compromise for existing tax liabilities.

We also advise a number of tax-exempt organizations, including public charities and private family charitable foundations.

Our tax attorneys regularly advise clients with respect to state franchise and income taxes and state sales and use taxes.

We handle protests and appeals involving sales and use tax audits, property tax assessments, and the assessment of state franchise and income taxes.

Contact Morris B. Floyd or David L. Bohannon

Wills, Trusts, Estate Planning, and Probate

Sword, Floyd & Moody combines estate planning, will and trust preparation, and estate and trust administration with a wide range of personal services. Our work includes:

• Preparing wills, trusts, and related estate planning documents of virtually all types and complexities
• Representing individuals and corporate fiduciaries in the administration of decedents' estates, revocable and irrevocable trusts, and guardianships and conservatorships and occasionally acting as fiduciary
• Representing corporate and individual fiduciaries and will and trust beneficiaries
• Preparing state and federal individual and fiduciary income tax returns and federal estate and state inheritance tax returns
• Wealth preservation techniques, including irrevocable trusts, gift programs, purchase and sale of partial interests, generation-skipping transfers, charitable transfers, and asset freezes
• Alternatives for protecting the aged and disabled, including special needs trusts, government assistance programs, durable powers of attorney, health care powers, living wills, and guardianships and conservatorships
• All aspects of charitable foundations and charitable giving
• Valuation discount planning, including business reorganizations and recapitalizations, and shareholders' agreements
• Business succession planning
• Preparing documents for adoptions and name changes

Contact Morris B. Floyd, David L. Bohannon, Michael R. Eaves, David M. Fernandez, Stuart K. Olds, Melinda A. Murphy, Nora J. Shepherd, or Jason M. Colyer

Family Law

Sword, Floyd & Moody attorneys have extensive experience in family law. We have prosecuted all types of divorce, paternity, child custody, time-sharing, child support, and maintenance cases. We also draft prenuptial agreements, property settlement agreements, and represent clients after divorce on all issues from enforcement of property divisions, collection of support and maintenance, to appeals.

We are experienced in step-parent and other adoption cases.

Our attorneys are ready to provide quality legal counsel and assistance in these sensitive areas of the law.

Contact Melinda A. Murphy or Nora J. Shepherd

Equine Law

Sword, Floyd & Moody represents numerous thoroughbred racehorse owners, trainers, breeding farm owners, and consignors. We assist clients in all horse-related transactions and litigation. Our attorneys have also handled equine-lending for banks. We stay current with all regulations regarding same.

Contact Morris B. Floyd or David L. Bohannon

Criminal Defense

Don't risk the points, high insurance or losing your license. Call Sword, Floyd & Moody we can help you with traffic tickets and violations, including DUI. We can assist you with expunging your criminal record. We also defend clients who face numerous criminal charges including misdemeanors, felonies, probation revocations, sexual crimes, property crimes and computer crimes.

Contact Melinda A. Murphy or Jason M. Colyer