Accomplished. Dedicated. Responsive.
In the lost year, Alabama's largest in-state ADR firm hos settled over 850 coses totaling hundreds of millions of dollars. From north Alabama to the Panhandle, you con rely on our experience and follow-through in resolving complex disputes.
Allen Schreiber BIRMINGHAM
Phillip Mccallum BIRMINGHAM
Gaynor St. John CULLMAN
Robert Smith Vance, Jr. Jonathan Lowe BIRMINGHAM HALEYVILLE
Dave Jordan MONTGOMERY - BREWTON
Charlie Peppler PENSACOLA
Jake Walker OPELIKA
Mary Pilcher MOBILE - FAIRHOPE
Steve Ford TUSCALOOSA
Message from the Executive Director
Hi everyone, I hope you all had a great summer! The Birmingham Bar Association has been busy the last few months and, in this fall issue of the Bulletin, we highlight some of the BBA’s signature spring and summer events including Law Day, Coffee with the Judges, the Annual Skeet Shoot, and the Annual Picnic, along with a lot of other fun outings.
We also have an informative article from member John Neiman giving us an overview of the upcoming Commerce Clause challenge to the Corporate Transparency Act, which will be heard before the 11th Circuit here in Birmingham on Sept. 27. Please take advantage of the opportunity to attend this hearing. Thank you to our members for all the amazing work you do to make Birmingham a better place to work and to live. The BBA is here to serve its members, so please share with us any ideas you have to help improve our services and any stories or news highlighting our incredible members by emailing me at jwilson@birminghambar.org. Also, to keep up with everything that the BBA has planned for you this fall, please check the Bar calendar often at birminghambar.org/events/event_list.asp.
I am excited about all the opportunities and events the BBA has planned this fall, and I look forward to seeing you soon!
Jim H. Wilson Executive Director
Published for the Birmingham Bar Association by Starnes Media
2024 Officers of the BBA
Sharon D. Stuart, President
Robert E. “Bob” Battle, President-Elect
Rebecca A. Beers, Secretary/Treasurer
Marcus M. Maples, Immediate Past President
Jim H. Wilson, Executive Director
2024 BBA Executive Committee
Stanley Blackmon
Anna M. Carroll
A. David Fawal
Susan N. Han
Tina Lam
Julie E. McMakin
Virginia E. Miller
Janine L. Smith
Tripp Watson
Laura S. Winston
Emily B. Davey, ADR Section
J. Benjamin Cooper, Bankruptcy/Commercial Law Section
Katie M. Kimbrell, Business Law Section
Ashley M. Ogles, Criminal Justice Section
Bryan A. Coleman, Federal Practice Section
Christen D. Butler, Probate Section
Jennifer Tombrello, Solo/Small Firm Section
Brandy L. Robertson, Women Lawyers Section
Karen Berhow, Workers Compensation Section
Howard G. “Trey” Perdue III, Young Lawyers Section
Christopher Burrell, Magic City Bar Association
Lisha L. Graham, ASB Commissioner
Birmingham Bar Association
2001 Park Place, Suite 430 Birmingham, AL 35203 205-251-8006 birminghambar.org jwilson@birminghambar.org
To advertise in the Bulletin, contact Dan Starnes at dan@starnesmedia.com.
For information about this publication and/or advertising rates, call 205-313-1780. Starnes Media produces six monthly newspapers in the Birmingham metro area: 280 Living, Cahaba Sun (Trussville), Homewood Star, Hoover Sun, Vestavia Voice and Village Living (Mountain Brook). Starnes Media also produces chamber membership directories, quality-of-life magazines and business marketing materials. Starnes Media. All rights reserved. Reproduction or use of editorial or graphic content without prior permission is prohibited.
Jennifer Buettner and Jim Wilson.
Getting ready for the picnic.
Trusted by 50,000 law firms, LawPay is a simple, secure solution that allows you to easily accept credit and eCheck payments online, in person, or through your favorite practice management tools.
Vetted and approved by all 50 state bars, 70+ local and specialty bars, the ABA, and the ALA 62% of bills sent
In This Issue
On the cover: The Woodlawn Theatre is located in the space of the original Woodlawn Family Theatre,
Photo by Erin Nelson Sweeney.
From the President
As the temperatures begin to cool and we look forward to autumn, the Birmingham Bar has a lot to celebrate — we enjoyed many incredible events and great fellowship this summer!
We welcomed summer associates from firms around the city at our May 17 Coffee with the Judges in Presiding Judge French’s courtroom, hosted by Hughes Harper Gibson, LLC and Upchurch Watson White & Max Mediation Group. And we ended the summer with an Aug. 29 Coffee with the Judges, hosted by Chief Judge Proctor and the Northern District Federal Court.
The Annual Picnic is a highlight of every summer. More than 430 BBA members attended the Annual Picnic this year to kick off the summer with good friends, delicious food, and plenty of cold drinks. Many thanks to the Entertainment Committee, chaired by the remarkable Nick Callahan, for its tireless work, excellent cooking, and superb hospitality! The Annual Picnic is always the second Friday of June, so please go ahead and mark your calendar for June 13, 2025.
On Aug. 27, the BBA hosted its first ever Election Law CLE. The purpose of the CLE was to inform our members about the election process in Alabama and how they might get involved as poll watchers or poll workers or encourage their nonlawyers friends to do so. Following the informative presentation by the Honorable James Naftel, and Alabama Secretary of State Wes Allen, Bar members enjoyed a reception hosted by Maynard Nexsen.
Our Sections were busy this summer involving, entertaining, and educating their members — here are highlights of just a few of the Section events this summer: The Solo/ Small Firm Section hosted its annual Cornhole Tournament at Ghost Train Brewery. The Business Section enjoyed a wine tasting at Finch Fine Wines. The Probate Section hosted a cookout social at a Birmingham Barons game and a live CLE on the Estate Administration Process. The Criminal Justice Section presented a live three-hour CLE including an evidence update from
Terry McCarthy, discovery issues with Judge Stephen Wallace, and pretrial motions with Adam Danneman. The Women Lawyers Section hosted a Candle Making Social at Birmingham Candle Company, held their Summer Snacks Drive benefiting Greater Birmingham Ministries, and presented a live CLE at the Hugo Black U.S. Courthouse to inform bar members on the benefits and trial experience to be gained by prisoner representation in federal court. The WLS also honored the late Honorable Anne L. Durward with its Paving the Way Award in August. The Federal Practice Section joined the Federal Judges for a Barons game social at Regions Field. The Annual Young Lawyers Section Golf Tournament was a huge success — congratulations to first-place winners Nowlin Wealth Management; second place went to Badham & Buck PC; and third place went to Christian & Small LLP.
Also, congrats to the longest-drive winner, Andrew Weisenfeld of Carr Allison. While we had a lot of fun this summer, we also worked hard for our members. The Strategic Planning Committee began its work, with the goal of finalizing and implementing a new BBA Strategic Plan and vision for our future by the Annual Meeting in December. Many thanks to the members of the Strategic Planning Committee for the hours they are dedicating to this important task: Leila Watson, John Saxon, Melody Eagan, Bill Athanas, Al Vance, Tina Lam, Ben Goldman, and Manning Russell. This fall likewise has great opportunities in store for BBA members:
► We are pleased to welcome these 16 BBA members to the 2024 class of the Future Leaders Forum: Laura Bell, Terrell Blakesleay, Andrew Cicero, Britney Crawford, Ames Filippini, Gray Gilmore,
Meredith Maitrejean, Judge Scott Vowell, Presiding Judge Elisabeth French, Sharon Stuart, Chief Judge David Proctor, Manning Russell, Kim Bell, and Jim.
MODERN LEGAL RECRUITING
FORWARD-THINKING + CLIENT-FOCUSED
Ty Henderson, Maya Hoyt, Averie Jones, Elizabeth Pittman , Manning Russell , Wesley Smithart, Madison Thomas, Alex Underwood , Kayla Washington , and Christa Wininger. These future leaders of our Bar will enjoy top-notch programming and learn about service opportunities in our Bar and in the community as they develop lasting friendships and hone skills to help them succeed in our profession.
Join your fellow Bar members for these upcoming events:
► Birmingham Connection Committee’s Volunteer Day on Sept. 26 at The Community Food Bank (sign up to help with a shift between 9 and 11:30 a.m.)
► Coffee with the Judges: Sept. 27 in Presiding Judge French’s courtroom, Oct. 18 at the Criminal Courthouse, and on Nov. 8 back in Presiding Judge French’s courtroom. We hope you will join us for these social events throughout the remainder of the year for great fellowship, delicious food, and door prizes.
► Students Today/Lawyers Tomorrow Trial Competition on Oct. 17 at the
Jefferson County Courthouse
► BBA Annual Meeting/Holiday Party on Dec. 13
► Numerous CLEs, both live and by
webinar, throughout the fall
► Sustaining Members luncheon in October
► Past-presidents luncheon in December
Bankruptcy Adversary Proceedings
Business/Commercial Litigation
Construction/Engineering
Litigation Fraud
Professional Liability
Railroad Accidents
Warranty/Lemon Law
James F. Walsh
Registered on the Alabama State Court Mediator Roster
Extensive civil and criminal jury trials to verdict representing both Plaintiffs and Defendants before federal and state juries in multiple state jurisdictions.
Downtown Conference & Virtual Capabilities
Law Day with Chief Judge Proctor, President Sharon Stuart and BBA members.
► The Sections also have fantastic events planned for this fall. You won’t want to miss: ► YLS charity trivia event on Oct. 3 (if you need someone with practically useless 1980s knowledge, consider me for your team)
► Women Lawyers Section 30th Anniversary Party on Nov. 13 at Sidewalk Cinema
Please be sure to check the BBA’s calendar for more events to be announced.
A LIFE WELL LIVED
A planned gift to Children’s of Alabama has the power to go well beyond making a difference today. It is like planting trees that will make a lasting difference in the lives of generations of children to come ... and is evidence of a life well lived.
When a gift is made to Children’s of Alabama, especially a gift of insurance, stock or a portion of an estate, that gift helps ensure that life-altering, world-class medical care continues to be available for ill and injured children from Alabama, the region and beyond.
We are ready to discuss with you and your clients how a planned gift to Children’s can represent a life well lived by making significant generational impact.
The true meaning of life is to plant trees, under whose shade you do not expect to sit. ~ Nelson Henderson EVERY CHILD MATTERS. EVERY GIFT MATTERS.
Please contact Children’s of Alabama at donate@childrensal.org to learn more about how you can help.
I hope you will take advantage of all the opportunities for education and networking that the BBA has to offer this fall. I look forward to seeing you at many BBA events!
AlAn King MediAtion
Judge King practiced law from 1982-2001 in the areas of Probate, Civil Litigation, District and Municipal Court, Bankruptcy and Domestic Relations. From 2001-2020 he conducted approximately 35,000 hearings in the Jefferson County Probate Court. Judge King is registered on the Alabama State Court Mediation Roster.
Left: Leslie Barineau and BBA President Sharon Stuart. Right: Sharon and Chris Christie.
Celebrating Law Day 2024
Thank you for attending our signature event, Law Day 2024, featuring a CLE program and social at The Fennec. The May 1 CLE program boasted an esteemed panel of legal luminaries: Presiding Judge Elisabeth French, Chief Judge David Proctor, the Honorable J. Scott Vowell, and attorney Manning Russell. The panelists shared their perspectives, insights, and experiences on the practice of law, highlighting its profound impact on our society and the vital role it plays in shaping our legal landscape.
It was a special day thanks to the great work of Law Day Chairs Kimberly Bell and Meredith Maitrejean, along with President Sharon Stuart.
We had a full house at The Fennec for this year's Law Day Celebration.
From left: Panelist Judge J. Scott Vowell, panelist Presiding Judge Elisabeth French, panelist Chief Judge R. David Proctor, and panelist Manning Russell. BBA President Sharon Stuart welcoming guests.
Hannah Caldwell, Priscilla Williams, Meredith Maitrejean, and Sydney Everett.
Jamie Cory.
John Johnson and David Fawal.
Judges Bill Cole, J. Scott Vowell, and R. David Proctor.
Members were deeply engaged in the discussion led by the panelists.
Caroline Strawbridge and Glory McLaughlin.
Lauren Shine and Anne Marovich.
Robert Vance and Tiara Hudson.
Judges J. Scott Vowell, R. David Proctor, and attorney Rhonda Chambers.
Lisa Singer and Cara Morse.
Gerald Reed and Chris Burrell.
Hannah Black and Kendall Fann.
The Annual Picnic is a Membership Favorite
In a joyous return, the BBA Entertainment Committee hosted a memorable summer party for nearly 450 members. This cherished annual picnic heralds the start of the summer season, providing a platform for members to reunite and savor the delights of a festive cookout. The committee extends a warm invitation to all BBA members to participate in this beloved tradition. Relive the moment with this special collage. Thank you to the BBA Entertainment Committee for another wonderful event!
Skeet Shoot brings legal community together for a cause
The annual Birmingham Bar Association Skeet Shoot, organized by Price Evans, took place at the Southern Skeet & Trap Club on June 14, providing a day of fun and camaraderie for participants ranging from experienced shooters to novices. Simmons Sporting Goods of Bessemer sponsored the event. The awesome event T-shirts were sponsored by Alabama Title Company, Evans & Evans, Old Republic Title, Salser Personal Injury, Turnbull Law Firm, and White Arnold & Dowd. The BBA Skeet Shoot’s net proceeds benefited the Birmingham Bar Foundation.
A total of 26 people participated in the event. At the conclusion, a BBA Skeet Shoot regular, Martin Evans, was the shooter with the highest overall score. He demonstrated exceptional skill and precision, hitting 63
out of 75 targets. He was presented with the Counsel’s Cup. Trophies were given for the top three shooters in each of the different gauge categories.
12-GAUGE CATEGORY:
1. Martin Evans
2. Glenn Estess
3. Walt Terry
4. Skipper Snypes
5. Sonny Resha
20-GAUGE CATEGORY:
1. Rowe Baggs
2. Stewart Cox
3. Mark (last name not provided)
28-GAUGE/.410
1. Price Evans
CATEGORY:
Wayne Wheeler received the Conservation Award for the third consecutive year, humorously recognized for letting the most clay pigeons fly away unharmed. In honor of his consistent performance, the award will be named after him starting next year.
Cindy Anderson, the Birmingham Bar Foundation’s executive director and the only female shooter at the event, participated with a tactical home defense shotgun, while most participants used standard hunting shotguns. Anderson expressed her hope that more women will join the event next year, showcasing the inclusive and welcoming nature of the competition.
The event successfully combined sporting fun with charitable giving, leaving participants looking forward to next year’s shoot.
Our members had a great time at this year’s event.
John Dana, Will Philpot, Jay Sewell, Michael Vercher, and Skipper Snypes.
Members gearing up for Skeet Shoot.
Rowe Baggs.
Skeet shooting trophies.
Cindy Anderson.
BSL Dean Scott Garrett and Price Evans. Walt Terry taking aim.
Stewart Cox, Walt Terry, Judge Bill Cole, Cindy Anderson, and Sonny Resha.
Corporate Transparency Act
Eleventh Circuit to consider Commerce Clause challenge to Corporate Transparency Act during September oral argument session in Birmingham.
Since the New Deal, the U.S. Supreme Court has declared only three federal statutes to be beyond Congress’s power to regulate interstate commerce under Article I of the Constitution.1 During oral arguments in Birmingham on Sept. 27, a three-judge panel of the Eleventh Circuit will consider whether that number should be increased to four. This case may be on a fast track to the Supreme Court, and it involves a recently passed statute that significantly affects the practices of many members of this Bar. Along with my friend and colleague Tom Lee from Hughes Hubbard in New York, I represent the plaintiffs in the case.2 With the hope that it will be of interest to many of you, I’ve put together this overview of the issues before the Court.
The statute at issue is the Corporate Transparency Act of 2021, and while I don’t bring an unbiased perspective to the table, I earnestly believe that my clients ought to win this case. To be sure, due in no small part to another landmark case out of Birmingham — Katzenbach v. McClung, 3 which facilitated the desegregation of Ollie’s Barbecue — courts have construed the Commerce Clause broadly, and almost every Commerce
ENDNOTES
Clause-based challenge to a federal enactment has failed. But this case involves a statute that looks nothing like the Civil Rights Act. The District Court in this case held that the CTA is contrary to the Commerce Clause. The Eleventh Circuit — and, ultimately, the Supreme Court — should do the same.
BACKGROUND
Like many federal statutes, the CTA is complex, but I’ll try to offer enough background here so you have a basic sense of the issues before the Court.
If you represent clients who own or operate relatively small corporate entities — corporations, LLCs, or the like — you may well have had to advise them about the CTA in recent months. The statute is currently set to become fully effective, for the first time, at the end of this year.4
The CTA requires covered entities that are created or registered under state law to report certain personal information about their “beneficial owners” to the investigatory arm of the Treasury Department, which is known as FinCEN.5 The term “beneficial
1 My count includes the Gun-Free School Zones Act of 1990, which the Court declared unconstitutional in United States v. Lopez, 514 U.S. 549 (1995), and the civil-damages remedy under the Violence Against Women Act of 1994, which the Court declared unconstitutional in United States v. Morrison, 529 U.S. 598 (2000). My count also includes the individual-insurance mandate in the Affordable Care Act of 2010, which a majority of the Court declared to be beyond the commerce power in National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), but which a different majority of the Court salvaged, to a certain extent, under Congress’s taxing power. See id. at 574.
owner” is a novelty to corporate law and includes, by statutory definition, anyone who owns 25% or more of an entity or otherwise exercises what the government deems to be “substantial control” over that entity.6 The entity must provide the government these persons’ names, dates of birth, addresses, ID numbers from documents such as driver’s licenses, and images of those driver’s licenses or other identifying documents.7
The government is then to assemble all this information in a database and use it to investigate and prosecute financial crimes.8 The government can share the information with numerous other law-enforcement agencies — including not only federal agencies, but also state agencies (if they obtain a court order) and foreign governments (even without a court order).9
Perhaps the following goes without saying, but just to be clear: Congress has never enacted any law that looks even remotely like this one. There is simply no federal statute that requires entities created under state law to report their ownership information to the federal government — and certainly no law authorizing the government to
2 I argued the merits at the District Court, and my colleague Tom Lee will be taking on that task at the Eleventh Circuit.
3 379 U.S. 294 (1964).
4 See Pub. L. No. 116-283, 134 Stat. 3388, 4604 (2021) (codified at 31 U.S.C. § 5336). The government has started enforcing the reporting requirements against companies that were first formed after January 1, 2024. See 31 C.F.R. § 1010.380(a)(1)(i) & (ii). The government will not begin enforcing the requirements against other entities until January 1, 2025. See id. § 1010.380(a)(1)(iii).
5 31 U.S.C. § 5336(b)(1)-(2).
6 Id. § 5336(a)(3)(A).
7 Id. § 5336(b)(2)(A); 31 C.F.R. § 1010.380(b)(1)(ii)(E).
assemble this information in a database that is expressly designed for the sole purpose of facilitating the criminal investigation and prosecution of those entities and their individual owners.
My clients — the National Small Business Association and Isaac Winkles, a realtor from Huntsville — don’t question the laudable nature of the statute’s ultimate goals. But they brought this case because the burdens of providing these reports to the government will fall almost exclusively on law-abiding citizens and businesspeople like them, not on the people who are committing the crimes the CTA is designed to combat. Because the statute contains multiple carveouts for large corporations, smaller entities — of which the government estimates that there are currently 32.6 million — will bear the brunt.10 The expense will be substantial: the government projects that the nationwide compliance costs, in just the first year, will exceed $21 billion.11 And the mandated disclosures involve personal information that — especially because identity theft is a threat — law-abiding people understandably don’t want to share.
The District Court issued an opinion finding the CTA unconstitutional on March 1, and it enjoined the government from enforcing the statute against my clients at that time.12 But the government announced that it will continue to enforce the CTA against everyone else during its appeal of the District Court’s ruling.13 Although several similar lawsuits have been filed around the country, those courts have not yet ruled on those plaintiffs’ claims. So, with the Jan. 1, 2025 enforcement date looming, the Eleventh Circuit’s decision could have a significant effect on your clients. If the Eleventh
8 31 U.S.C. § 5336(c)
9 Id. § 5336(c)(2)(B).
Circuit affirms, its ruling could establish, as the law of the Circuit, that the CTA is not enforceable against any entity in Alabama, Florida, and Georgia, not just the plaintiffs in this case.
THE ISSUES
I don’t have space – and you likely don’t have time – to dig too deeply into all the constitutional issues now, but here is a general overview:
One way of thinking about our claims is to group them into two buckets. The first encompasses issues about whether the CTA is within the enumerated powers granted to Congress under Article I of the Constitution — including not only the Commerce Clause, but also other provisions like the taxing power. The second bucket encompasses issues about whether the CTA abridges various individual-rights guarantees in the Constitution, including those set out in the First, Fourth, and Fifth Amendments.
The main event in the enumerated-powers bucket is the Commerce Clause. Our claim that the CTA is outside Congress’s commerce power builds on each of the three post-New Deal decisions in which the Supreme Court struck down federal enactments on this basis.
The first relevant principle — one that was important to the opinions invalidating the Gun-Free School Zones Act in United States v. Lopez and the Violence Against Women Act in United States v. Morrison — focuses on whether the activity regulated by the statute is “commercial.” Whereas activities of a “commercial character” fall squarely within the commerce power14, activities having “nothing to do with ‘commerce’ or any sort of economic enterprise” do not.15 So a great deal turns on whether the activity to which
10 See Beneficial Ownership Information Reporting Requirements, 87 Fed. Reg. at 59, 549 (September 30, 2022).
11 See id. at 59,572.
12 See Nat’l Small Bus. United v. Yellen, No. 5:22-CV-1448-LCB, 2024 WL 899372, at *21 (N.D. Ala. March 1, 2024).
13 See Financial Crimes Enforcement Network, UPDATED: Notice Regarding National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.), https://www.fincen.gov/news/newsreleases/updated-notice-regarding-national-small-business-unitedv-yellen-no-522-cv-01448 (March 11, 2024).
the CTA is addressed is commercial. To that end, the CTA’s reporting obligation is triggered not by an entity’s participation in interstate commerce, but rather by the act of a person, in the statute’s words, “creat[ing]” or “regist[ering]” an entity.16 That happens when a person files a document with their state Secretary of State, who then issues a certificate forming the entity.17 That act is no more commercial than is the issuance of any other kind of license by a state or local official.
A second key principle in this case is that when Congress seeks to regulate a non-commercial activity that may ultimately affect commerce18 in some way, it matters a great deal whether the statute contains what the Supreme Court in Lopez called a “jurisdictional element” restricting the law’s reach to activities that actually affect commerce. The CTA does not have any such hook; no provision limits the disclosure requirements to, for example, entities that are put to commercial use or that are formed for commercial purposes. That is significant because the Government has acknowledged that many people create and register these entities for legitimate non-commercial purposes, such as holding family property or planning their estates.19
A third important principle comes from the Supreme Court’s decision holding, in NFIB v. Sebelius, that the Commerce Clause was not a valid basis for the Affordable Care Act’s individual-insurance mandate. The Court there held that the Commerce Clause cannot justify regulation merely because Congress “anticipate[s]” that the regulated persons “will predictably engage” in commercial activity in the future.20 That principle is important here because the government
14 Morrison, 529 U.S. at 611.
15 Lopez, 514 U.S. at 561.
16 31 U.S.C. § 5336(a)(11)(A).
17 See, e.g., Ala. Code § 10A-1-4.02.
18 Lopez, 514 U.S. at 562; 514 U.S. at 562.
19 Anti-Money Laundering Regulations for Residential Real Estate Transactions, 86 Fed. Reg. at 69, 591 (December 8, 2021).
has defended the CTA on the ground that even if the creation or registration of a corporate entity does not effectuate a commercial transaction, the vast majority of those entities eventually will engage in interstate commerce. Under NFIB , that argument won’t fly.
The government also relies on the Supreme Court’s most expansive application of the Commerce Clause in recent times — its 2005 opinion in Gonzales v. Raich, which upheld the Controlled Substances Act’s application to individuals’ possession of cannabis for their personal medical use.21 But that argument won’t work, either. Raich held that in the course of regulating the interstate cannabis market, Congress could sweep, into its regulatory ambit, de minimis activity that may not be interstate or even commercial in nature, on the premise that doing so is necessary to regulate the interstate cannabis market as a whole.
That holding has no application to the CTA, which is addressed only to the creation and registration of these entities by state and local governments. The regulation of that non-commercial activity is not simply an incidental effect, as it was in Raich, of Congress’s broader regulation of some interstate commercial activity.
The government also has argued that even if the CTA does not address commercial activity, it still can be justified as a necessary and proper means of enforcing other laws that do regulate interstate commerce — such as federal statutes that criminalize money laundering and other financial crimes. That argument marks a novel and untenable interpretation of the Constitution’s Necessary and Proper Clause, and it also is
foreclosed by NFIB. The Court there held that Congress could not use the Necessary and Proper Clause to regulate, through the ACA’s individual mandate, persons who were not “by some pre-existing activity” already “within the sphere of federal regulation.”22 It follows that the government cannot use the Necessary and Proper Clause to mandate, through the CTA, the disclosure of information by entities that may never engage in commerce at all — much less in the precise financial crimes the government says the CTA is meant to combat.
As it did in NFIB, the government in our case also has fallen back on Congress’s taxing power, but the CTA cannot be salvaged on that ground. The CTA is transparently designed, by the government’s own admission, to aid in the enforcement of numerous laws, including non-federal laws, that have nothing to do with taxes. It would be one thing if the CTA mandated assembly of a database that was accessible only to the IRS, to assist it only with the process of collecting federal taxes. But the CTA does much more than that. Its required disclosures of personal information can be used by every federal agency, every state, and every foreign government. That information is to be used for numerous law-enforcement reasons, wholly separate from any taxing purpose. Neither the taxing power nor any other provision in Article I can justify a congressional enactment of this breadth.
These considerations obviated any need for the District Court to address the individual-rights issues, and the Eleventh Circuit may not need to do so either. But I would be remiss if I did not briefly flag our clients’ Fourth Amendment claim as
well. Supreme Court precedent holds that the Fourth Amendment prohibits police officers from approaching people on the street and demanding — under the threat of arrest, and without reasonable suspicion that they have committed any crime — personal information such as their names, addresses, and birthdates.23 But that’s effectively what the CTA does to anyone who has an ownership interest in one of these covered entities formed under state law. The Government concedes that the sole reason the CTA requires these disclosures is so that it can use them for criminal-law enforcement. Any individual who willfully fails to make the disclosures can be prosecuted and imprisoned for a term of up to two years.24
So, there are strong arguments that the CTA marks not only a strikingly rare exceedance of Congress’s commerce power, but also a paradigmatic violation of the Fourth Amendment’s prohibition on unreasonable searches and seizures as well. Both those arguments will be in front of the Eleventh Circuit in Birmingham on Sept. 27.
John Neiman chairs the appellate practice group at Maynard Nexsen. He is the former state solicitor general for Alabama and a former U.S. Supreme Court clerk.
20 NFIB, 567 U.S. at 557.
21 545 U.S. 1, 16-17 (2005).
22 NFIB, 567 U.S. at 560.
23 See Brown v. Texas, 443 U.S. 47, 49, 52 (1979).
24 31 U.S.C. § 5336(h)(3)(A)(i)-(ii).
Why I joined the Birmingham Bar Association
We love to hear from BBA’s members, so for this issue of the Bulletin, we learn what motivated some of you to join the BBA.
Hope Marshall White Arnold & Dowd P.C.
I have enjoyed being involved in various committees throughout the BBA. The best part of being involved in the BBA is the opportunity to meet colleagues who practice in diverse areas of law, as well as the different partnerships that the BBA has throughout the community. I highly encourage BBA members to engage in the different committees that the BBA offers.
Judge Tamara Harris Johnson Alabama 10th Judicial Circuit, Place 22
I have been a member of the Birmingham Bar Association (BBA) since 1989, when I returned to Birmingham and passed the Alabama Bar. (I was already a member of the D.C., Michigan and California Bar Associations.) Membership in the BBA is a way to become connected with your professional community, to benefit from shared information in specific areas of practice, to connect with other attorneys socially, and to collaborate on practice strategies. Membership in BBA creates many networking opportunities by becoming acquainted with judges on a social/quasi-professional basis and taking advantage of CLE opportunities, many at discounted rates. As a member of BBA, you become a voice that will be heard and can serve as a catalyst for professional development and improvement.
Jennifer Tombrello Tombrello Law Firm LLC
I became involved in the Birmingham Bar one or two years after becoming an attorney. I joined the Solo and Small Firm Section, mostly to get my yearly CLE credits, and then I began attending events. I did not know very many attorneys, and the events were perfect for meeting others in my areas of law and those in other areas, which has created an excellent referral network. Being involved in the Birmingham Bar Association not only builds networking and offers CLE credits, but also leadership opportunities, and creates ways to better serve your community.
J.D. Walker JD Walker LLC
A large number of immigrants make the state of Alabama their home. I decided to start an immigration committee that will eventually become a section at the BBA that would allow attorneys to discuss the ever-changing policies of the law as it pertains to immigrants and to foster relationships between the members in order to thrive as a practitioner.
Sydney Everett Beasley Allen Law Firm
I first became involved in the Birmingham Bar Association after COVID protocols were relaxed. After working from home for some time, I realized I needed to be intentional about getting out and meeting other people in my profession and in my city. Even though I knew nothing about it, I felt led to join the Connections Committee through the Birmingham Bar website. I didn’t even really realize what I was doing at the time, but I am so thankful I did! I have met some pretty awesome people and seen places in Birmingham I never realized existed. Since getting involved, I have also gotten involved in other areas of the Birmingham Bar Association. Joining the Birmingham Bar Association has enriched my personal and professional life, and I would recommend everyone to do it.
Membership Events
The Birmingham Bar Association has experienced a busy summer season. Check out what our members have been doing!
Another successful turnout at Coffee with the Judges.
Andrew Weisenfeld won longest-drive at the 2024 YLS Golf Tournament.
Will Hall, Jacob Denney, James Duer, and Brian Donald.
BBA Young Lawyers Section members attending its Annual Golf Tournament.
May Coffee with Judges sponsors - Bob Cooper & Philip Reich (Upchurch), Randy Gibson (Hugues Harper Gibson).
Greg Biddle, Charles Allen, John Saxon, and Sterling DeRamus.
Mercedes Davis, Alex Quick, Jess Davis, and Davis Adams.
Robby Anderson, Evan Pantazis, and Trey Perdue.
The
had a huge turnout for its Tequila Tasting event.
Susan Han, Brandy Robertson, and Michelle Pieroni.
Sharon Stuart, April DeLuca, Paisley Newsome, Jennifer Tombrello, and Susan Han.
Veronica Smith, Gigi Hayes, Myesha Bester, Maila Tartt, Sydney Nester, Carrye Ann Rainer, and Kaitlyn Puzzitiello.
YLS Golf Tournament 1st place winners: Nowlin Wealth Management, left; 2nd place: Badham & Buck, middle; and 3rd place winners Christian & Small LLP.
Sam Stephens, Tom Walker, Jennifer Tombrello, Pooja Chawla.
The ladies of the WLS with their artwork.
Victor Revill and Chris Nola.
Coffee with the Judges
UPCOMING DATES
SEPTEMBER 27 | 8:00 - 9:00 AM
Presiding Judge French’s Courtroom
Sponsors: Maynard Nexsen, RumbergerKirk, Schreiber ADR, and InPerSuit Inc.
OCTOBER 18 | 8:00 - 9:00 AM
Criminal Justice Center Lower Courtroom
Sponsor: InPerSuit Inc.
NOVEMBER 8 | 8:00 - 9:00 AM
Presiding Judge French’s Courtroom
Sponsors: Southern Med Law and InPerSuit Inc.
Bocce Ball Tournament raises funds for Volunteer Lawyers Birmingham and Legal Aid Society
In early June, the Birmingham Bar Foundation hosted a spirited Bocce Ball Tournament, bringing together law firms and businesses for a day of friendly competition and philanthropy. The event successfully raised funds to support the various charities of the BBF, including Volunteer Lawyers Birmingham and Legal Aid Society, two organizations dedicated to providing legal assistance to those in need.
The tournament culminated in a thrilling victory for Dunn & Associates, who outperformed a competitive field of participants. The team was led by Burton Dunn and was composed of summer interns and attorneys, Tara Leahy, Kendra Hall, and Anna Dozier. Other teams participating were: AIM for the Pollino, Wiggins Childs Pantazis Fisher & Goldfarb, LLC, Regions Bank, the ADR, Solo/Small Firm, and Women Lawyers Sections, Lightfoot Law, The Litigators (White Arnold & Dowd), Morgan & Morgan, McCallum Hoaglund McCallum, Bocce
(Ball)ch & Bingham, and the enthusiastic Birmingham Ballers (BBA’s Entertainment Committee). Cory Watson, P.C. and Hand Arendall Harrison Sale each had two teams in the tournament.
In addition to the Bocce Ball matches, the event featured the return of the popular Cork Pull, which was first introduced last year. Participants had the chance to win 26 bottles of various wine and bourbon, with values ranging from $10 to $140. The wine and bourbon were donated by various members of the board as well as Freddy’s Wine Bar, Le Fresca, and Red or White. The Wheelbarrow of Liquor raffle added another layer of excitement, and Chip McCallum emerged as the lucky winner, taking home a wheelbarrow filled with approximately $1,500 in assorted liquors.
The success of the event was made possible by the generous support of sponsors AIM Attorneys Insurance Mutual, Veritext Legal Solutions, ServisFirst, and First Bank.
In addition, in-kind contributions were provided by Wiggins Childs Pantazis Fisher & Goldfarb, LLC, The Kress Birmingham, Cahaba Brewing Company, The Vintage Wine Shoppe, and Lou’s Pub & Package Store, ensuring the tournament was both enjoyable and well-supported.
The Birmingham Bar Foundation’s Bocce Ball Tournament not only fostered community spirit, but also highlighted the collective commitment of Birmingham’s legal community to making a positive impact. The funds raised will go a long way in supporting various charities including the vital work of Volunteer Lawyers Birmingham and the Legal Aid Society to ensure access to justice for many individuals and families in the area.
With the success of this year’s tournament, participants and organizers are already looking forward to next year’s event, promising more competition, camaraderie, and charitable giving.
2024 Bocce Ball Winners Dunn and Associates with Bar Foundation President Alicia Jett.
Andrew Nix & Co. enjoy the Bocce Tournament.
Bocce in play.
Left: Fun times at Bocce. Middle: Lee DuBois, Jequette Edmonson Noland, and John Bodie. Right: Josh Quattlebaum, D.G. Pantazis.
Debbie McCune and Leila Watson.
Magic City Bar Association holds Annual Law Clerk Reception
On July 18, the Magic City Bar Association held its Annual Law Clerk Reception at the law firm of Burr & Forman, LLP. The Law Clerk Reception is sponsored by the Magic City Bar Association each summer to provide an opportunity for law clerks, law students, and pre-law students to network and interact with African American attorneys practicing in Birmingham, Alabama. During the Reception, MCBA President, Janine L. Smith, spoke about the state of emergency concerning gun violence both in Birmingham and throughout the United States and the need for all people to protect and preserve the civil and human rights of all citizens. President Smith then challenged the attendees to be intentional about connecting with someone whose race, gender, or socio-economic background was unlike theirs and to take advantage of the evening’s opportunity to diversify their network.
The 2024 Executive Committee of the Magic City Bar Association is as follows:
► President: Janine L. Smith
► President-Elect: Johnathan Austin
► Vice-President: Clinton Richardson
► Recording Secretary: BJ Savage
► Corresponding Secretary: Denzel Okinedo
► Treasurer: Sidni Smith
► Parliamentarian: Katrina Brown Graham
► Birmingham Bar Liaison: Chris Burrell
► Birmingham Bar Foundation Liaison: Ruby Jackson
► Judicial Relations Chair: Charles Price, II
MCBA President Janine Smith and Ruby Jackson.
Left and right: Attendees enjoy the MCBA Law Clerk Reception.
Celebrating 30 years! The history of the BBA Women Lawyers Section
By Brandy Robertson, Women Lawyers Section Chair
This year the Birmingham Bar Association – Women Lawyers Section celebrates its 30th Anniversary. The WLS mission statement is “to foster the personal and professional development of women with law degrees, and to enhance the quality of life and the culture of the legal community.”
Below is an excerpt taken from the WLS Archives (author unknown) about the history and formation of the section:
Beginning around 1979, a group of like-minded women lawyers who had been friends in law school or who had become friends after starting their legal careers, gathered for regular social events. After a few such occasions, their discussions turned to the state of women in the legal profession and their desire to create an organization to meet their professional and personal goals. These women were visionaries who believed the needs of women lawyers were greater than the profession’s ability at the time to meet them. For more than a decade, these women continued to talk about what form and structure such an organization might take, gleaning any useful information from other women’s bar organizations nationwide.
On January 4, 1994, Judy Crittenden and Robin Burrell met with Bill Clark, the then current president of the Birmingham Bar Association (the “BBA”) at the Summit Club to discuss the issues facing women lawyers and the need to establish a formal group to support the advancement of women in the legal profession. He agreed that there needed to be a place for women who share those common family roles, including the role of practicing lawyer, to relate, educate, and find alternate ways to engage while staying involved in the BBA. He stated that they could create the section, as long as
the BBA could be assured that the section would not divide or detract from the BBA as a whole. Mr. Clark did not distinguish between the skill sets of men and women, but he did recognize that women have a different set of challenges in the practice of law in light of all of the roles they play in the family. Their situation is unique, and a section would create a place for women to come together to share common interests. Ms. Crittenden and Ms. Burrell were sincere in the stated goals and mission behind the creation of this section, and they were confident that this section would strengthen the overall mission of the BBA.
In March of 1994, a party was held for all the women attorneys in the area. As a result of that meeting, women lawyers lobbied the Long-Range Planning Committee of the BBA to call for a vote on the formation of the WLS.
On May 13, 1994, the proposal to create the WLS was presented to the BBA
Executive Committee. The vote to create the WLS was successful and WLS became an official section of the BBA. After years of discussion about the form and structure of the new organization it was now time to put the ideas in writing. So, at Highlands Bar and Grill, Robin Burrell and Marion Walker drafted the first set of by-laws and the preliminary structure of the WLS on napkins.
On September 22, 1994, Ann McMillian graciously invited all women attorneys in the greater Birmingham area to the Executive Dining Room of SouthTrust Bank for further discussions regarding the creation of the WLS. Over 120 women lawyers joined WLS at that meeting. By October 1994, the WLS boasted 233 members. In November 29, 1994, the WLS held its first annual meeting. The cocktail party and a business meeting were hosted by SouthTrust Bank. The WLS held its first program at the civic center: A luncheon featuring speeches by the Hon. Nina
BBA’s Women Lawyers Section.
Miglionico and Ashley Watkins. Over 100 people attended the luncheon. Today, the Women Lawyers Section of the Birmingham Bar Association is open to any member of the BBA.
Throughout our 30-year history the WLS has created networking, CLE and mentoring opportunities for its members, and many friendships have formed. We have celebrated successes, promotions, awards, weddings, and births. We have also shed tears over our sistersin-law who have passed too soon.
WLS has worked to connect with female law students at Alabama, Cumberland, Miles, and Birmingham School of Law with women lawyers. The section created the “Pin Stripes and Pearls” event to foster those relationships. Today WLS hosts the “Pathways to Success” program which connects WLS members from various practice areas and law students in a “speed-dating” fashion. The students talk with a panel of lawyers and then move to a different
ENDNOTES
panel in a different practice area. WLS also created a law student Service Award which provides a $600 stipend to a female law student who has exhibited exceptional service in her community.
The WLS has always had a strong commitment to community service. Our members have participated in clothing drives, Santa’s Workshop, collecting luggage for children in foster care, packing boxes at the Community Food Bank, building homes for Habitat for Humanity, food drives, Bunny Bags for children in domestic court, and the list goes on.
The Miss Nina Miglionico “Paving the Way” Leadership Award was created in 2005 to recognize and honor individuals who have actively paved the way to success and advancement for women lawyers. Past recipients of the award include: Judge Inge Prytz Johnson, Ann Huckstep, Edgar M. Elliott, Professor Pamela H. Bucy, Carol Ann Smith, Judge Caryl Privett, Susan Bevill Livingston, Jenna Bedsole, the late Helen Shores
1 Bulletin Fall 2020 – Birmingham Bar Association, New Judicial Study: Birmingham Women Attorneys Trail Behind Men in Courtroom Appearances, p. 28-29, available at https://issuu.com/280living/docs/issuu_bulletin_fall_2020
2 New York Bar Association, Commercial and Federal Litigation Section’s Task Force on Women’s Initiatives, If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR (2017), available at https://www.actl.com/docs/default-source/default-docu-
Lee, and Allison Skinner. The recipient of the Paving the Way award for 2024 is the late Judge Anne Durward.
I must also mention the “Women Lawyers Section Observational Tracking Project” that was published in the Fall 2020 Birmingham Bar Bulletin.1 The ambitious project was patterned off a similar study performed by the New York State Bar Association observational study to determine if there was a disparity in the number of female attorneys versus male attorneys who appear in speaking roles in courts throughout New York.2 Twelve Judges participated in the project — four from Jefferson County, Alabama Circuit Court – Civil Division and eight from the United States District Court for the Northern District of Alabama.3 Each Judge was given a questionnaire and asked to record the gender and race of attorneys who took the lead, secondary, and nonspeaking roles in all matters in their courtrooms. over the four-month period. The project’s findings indicate that women
ment-library/task-force-on-mentoring/aba_nysba_achieveing_equality_women_attorneys.pdf?sfvrsn=43726969_4
3 Bulletin Fall 2020 – Birmingham Bar Association, New Judicial Study: Birmingham Women Attorneys Trail Behind Men in Courtroom Appearances, p. 28-29, available at https://issuu.com/280living/docs/issuu_bulletin_fall_2020
Judge Teresa Pulliam and BBA Women Lawyers Section members.
First Paving the Way Award recipent, Judge Inge Prytz Johnson.
attorneys made court appearances as lead counsel on average a paltry 21% of the time versus men, who appeared 72% of the time. The tracking project authors concluded “there is a problem, namely that more women should be appearing in the courtroom.”
A follow up to this article entitled Racial Diversity in the Courtroom4 was published in the Birmingham Bar Bulletin in Winter 2021. Analyzing the data collected in 2018, African American attorneys were in court 10.45% compared to Caucasian attorneys who were in court 67.33% compared to other attorneys, who were in court 5.23%.5
It’s important to note that the “Women Lawyers Section Observational Tracking Project” was performed in 2018, two years before the COVID-19 pandemic shut down the world. For many women, this author included, worlds collided — work and home. Many women were homeschooling children, taking care of their homes and families while trying to juggle a law practice in the midst of a global pandemic. A November 2020 article noted that “globally women’s job losses during this crisis are 1.8 times greater than men’s” describing this as a “shecession” because of its effect on women.6
A study by Lean In entitled “Women in the Workplace 2020” concluded that COVID-19 has disrupted workplace advancement for women and potentially is “unwinding years of painstaking progress toward gender diversity.”7 I would love for our section to repeat the Observational Tracking Project. Sadly, I am afraid the post-COVID numbers will be worse than when compiled and analyzed in 2018.
I am proud of all the WLS has accomplished during its 30-year existence; however, we still have a lot of work to do to move the needle. The WLS Board is one of the hardest working boards I’ve ever served on. It has truly been an honor serving as section chair during our 30th Anniversary year. I look forward to seeing all that the WLS accomplishes over the next 30 years. I hope you will join us for our 30th Anniversary Party on Nov. 13 at SideWalk Cinema!
ENDNOTES
4 Bulletin Winter 2021 – Birmingham Bar Association, Racial diversity in the courtroom, p. 26-29, available at https://issuu.com/280living/docs/ bulletin_winter_2021_issuu
5 Id.
WLS members volunteering with Habitat for Humanity.
6 COVID-19 – Kill or Cure for The Careers of Women Lawyers?, available at https://legalsolutions.thomsonreuters.co.uk/blog/2020/11/18/ covid-19-kill-or-cure-for-the-careers-of-women-lawyers/ 7 Women in the Workplace 2020, available https://leanin.org/women-inthe-workplace/2020/impact-of-covid-19
Be a Champion for Justice
VLB’s multi-year Champions for Justice campaign has returned!
Firms, corporations, businesses, and individuals are invited to make a pledge to support VLB’s work and help provide access to justice for everyone in Jefferson County.
Our clients are facing life-altering circumstances:
Families are in danger of losing their homes or being forced to live in unsafe conditions.
Low-income workers are at risk of having their hard-earned wages unfairly garnished.
CHAMPIONS FOR JUSTICE
Giving Levels:
Individuals who want to work are prevented from finding gainful employment due to nonviolent convictions that remain on their records for decades. Visit us and learn more: www.vlbham.org
5 ways to boost your health & wellness this fall
By Sheree Martin Sheree Martin Law, LLC
1. SLEEP
Get a solid 7-8 hours of sleep each night, even if you think you don’t need it. With the days getting shorter, it’s easier to get to bed and asleep by 10 or 11 p.m. When I was in college and law school, I knew that sleep was the key for my success. I never pulled all-nighters but instead opted for plenty of sleep rather than stay up and cram for an exam. These days, I put away my devices by 7 p.m. and start to wind down by reading or sitting on the back patio gazing at nature.
Nowadays, health and medical researchers have confirmed that sleep is probably the most important key to great health and recovery from illness or injury. Poor quality of inadequate sleep messes with your metabolism — making it harder to lose weight if you’re trying, while also increasing fasting blood glucose and risk of Type 2 diabetes. One of the biggest impediments to good sleep is the blue light from TVs and other electronic devices and standard fluorescent and/or LED bulbs. If you absolutely must be on a device after 7 p.m., use blue-light blocking glasses. You should also have lamps with non-blue-light emitting bulbs that you can use in the evening.
2. EAT THE RAINBOW
As Fall advances, we can enjoy cornucopia of colorful foods that match the cooler temperatures.
Winter squashes — like acorn, butternut and pumpkin — can be enjoyed in so many ways. Buy and roast your own and enjoy them baked and stuffed, in pies and breads, as a sauce for ravioli or risotto, and in sweet or savory soups. Be sure to save the seeds and toast those lightly in the oven for a delicious, low-carb, and magnesium-rich snack.
As we move into October and November, the cooler temps usher in new crops of tasty
and healthy greens — collard greens, turnip greens, mustard greens, salad greens — ‘tis the season for those.
You can also support your local farms by shopping at Birdsong Farmers Market, Pepper Place Saturday Market, and East Lake Market. Birdsong and Pepper Place markets are open almost year-round with the exception of a couple of weeks between Christmas and early January. The produce you get there will be fresh and typically grown within 75 miles of Birmingham (main exception to the 75-mile radius: The
satsumas available in December are grown down in South Alabama). By shopping locally, you can also tick the box for “best practice” No. 5 because of the social aspects that also contribute to health. More on that in a moment.
3. GET OUTSIDE AND BASK IN NATURE
As Alabamians, we all understand that the hot and humid days we experience from April through August can put a damper on the desire to spend any time outdoors, even
Winter squashes – like acorn, butternut, and pumpkin – can be enjoyed in so many ways.
for the most stalwart athlete, hiker, or gardener. By early September, we’re all ready for it to cool off, no matter how much we enjoy getting out for a walk, hike, run, bike ride, or garden harvest.
The mental health benefits of time in nature are immense and well-documented. The Japanese practice of Shinrin-yoku (“forest bathing”) is so impactful for health, that it’s now a foundational aspect of Japanese society. US-based researchers have also validated the health and productivity benefits of time in nature.
So, take a walk, go for a hike, or sit on a blanket or in a chair and watch the clouds and birds and trees. Take advantage of outdoor yoga at Railroad Park or the Birmingham Botanical Gardens. Enjoy lunch outside on a picnic bench.
No matter how busy you think you are, a few minutes a day spent outside will boost your productivity and your mood, at the very least. You’ll also probably be less stressed, over time, even if you don’t notice it at first.
4. MOVE AND MOVE SOME MORE, AND DO SOME RESISTANCE TRAINING
Walking every day will provide the overall biggest health boost for most people
— especially if you’re a lawyer who is more of the sedentary type. Don’t worry about speed, just get started.
If you’re over 30, you’re losing muscle mass each year, at the rate of about 5% per year, even if you don’t really see or feel the muscle loss. By the time you’re 50, unless you’ve been doing regular strength/ resistance training or some form of intense exercise, you’ve probably lost 25% or more of the muscle mass you had at age 20. Even if you’ve been strength training, it’s likely you’re down 15% at least.
Assuming you’re getting 30 minutes of walking in, the next biggest impact exercise you can do is to add in strength or body-weight resistance training. You can do squats by your desk and wall push-ups to start if you don’t have time or desire to go to a gym. After a few weeks of that, buy some TRX or similar bands and use those. Or a kettlebell. I’ve recently started jumping rope again for the first time in about 15 years to get more dynamic movement back into my workouts.
The more you move and engage your body in some type of physical activity the stronger you’ll become and the easier it will be to add more intensity if that’s something you’d like to work toward.
5. SOCIAL RELATIONS
Thanksgiving Day is my favorite holiday. Always has been. But we don’t need to wait until Thanksgiving or the rest of the holiday season to take time for socializing.
Just about every Saturday morning (unless I’m out of town), I’ll spend an hour or two at Birdsong and Pepper Place markets. I’ll visit with the farmers and ranchers whose produce and meats I buy and enjoy. I’ll also occasionally buy soaps, candles, flowers, and dog treats from the specialty producers who sell there. Sometimes I’ll see friends and acquaintances, sometimes not. I find those very casual social engagements to offer a huge mood boost and a pleasurable way to spend a part of my Saturday morning. No matter how you choose to engage socially, whether on a formal basis or casually, maintaining a circle of friends and social connections is vital to optimal health. If you’re at a loss for how to get started, there are plenty of ways to engage with fellow attorneys and the community through the Birmingham Bar Association sections, committees, socials, and events!
I’m happy to share recipes for cooking the rainbow and links to peer-reviewed research documenting these tips. Feel free to contact me at sheree@shereemartinlaw.com.
Spending just a few minutes outdoors each day can enhance both your productivity and your mood. Left: Spring Creek at Shine Spring Farm.
Right: Damascus Old Mill Inn.
FRIDAY, DECEMBER 13, 2024 ANNUAL MEETING PRESIDING JUDGE FRENCH’S COURTROOM
HOLIDAY PARTY KELLY INGRAM VFW POST 668
Upcoming CLE Opportunities
Magic City Bar Association & Alabama Lawyers Association:
Civility & the Code of Professional Courtesy
Sept. 10, noon to 1 p.m. (Zoom)
MCLE Credit: 1.0 hour
Speakers: Brannon Buck and Roman Shaul
Solo Section:
Lawyer Wellness Panel Seminar
Sept. 11, noon to 1 p.m.
MCLE Credit: 1.0 hour
Speakers: Karen McClure, Sheree Martin, and Inge Johnstone
Intellectual Property
Sept. 19, noon to 1 p.m. (Zoom)
MCLE Credit: 1.0 hour
Speaker: Ryan Letson
Indigent Defense
Sept. 25, 12:30-2 p.m.
MCLE Credit: 1.0 hour
Environmental Law
October (date to be determined), noon to 1 p.m.
MCLE Credit: 1.0 hour
Solo Section: Mediation Seminar
Oct. 9, noon to 1 p.m.
MCLE Credit: 1.0 hour
Speaker: Schreiber ADR
Criminal Justice Section:
Aniah’s Law Hearing
Oct. 17, 2-4 p.m.
MCLE Credit: 1.0 hour
American Village’s 25th Anniversary Celebration Kick-off
Oct. 17, cocktails at 5 p.m., dinner at 6 p.m. and program begins at 6:45 p.m.
MCLE Credit: 1.0 hour
Women Lawyers Section: Fertility-Rights
Oct. 23, noon to 1 p.m.
MCLE Credit: 1.0 hour
Southeastern Business Law Institute
Oct. 24, 8 a.m. to 4 p.m.
MCLE Credit: 6.0 hours (including 1.0-hour Ethics)
Courtroom Professionalism
November (date to be determined), noon to 1 p.m.
MCLE Credit: 1.0 hour
Solo Section: Ethics Talk
Nov. 13, noon to 1 p.m.
MCLE Credit: 1.0 hour Ethics
Speaker: Sharon D. Stuart
Criminal Justice Section: Class-Appointed Counsel
Visit birminghambar.org for addition information.
BIRMINGHAM CONNECTION COMMITTEE
Community Food Bank of Central Alabama 107 Walter Davis Drive, Birmingham, AL 35209
To volunteer, email Jim Wilson to sign-up: jwilson@birminghambar.org
OCTOBER 3RD
City club Birmingham 1901 6th Ave North Ste. 3100
Attorneys in the News
Massey, Stotser & Nichols welcomes attorney Emily A. McClendon to the firm, where she practices a diverse range of family and matrimonial law.
Bradley Arant Boult Cummings LLP is pleased to announce that partner Anne Marie Seibel has been elected as a member of the American Law Institute (ALI), the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.
Michael Guarino recently joined Ogletree Deakins as Of Counsel. Michael’s practice focuses on employment law, and he has extensive experience navigating the ADA accommodation process and handling a wide range of matters related to discrimination, harassment, retaliation, wage and hour, ADA accessibility, and breach of contract claims.
Christian & Small LLP is pleased to announce that Karolyn E. Eilertsen has joined the firm as an Associate. Eilertsen focuses her practice on civil litigation with an emphasis on insurance defense, construction, transportation, and professional liability.
Bradley Arant Boult Cummings LLP is pleased to announce that John D. Watson was honored with the J. Anthony “Tony” McLain Professionalism Award at the ASB’s 2024 Annual Meeting.
John Pennington and Abbey Clarkson announce the opening of Clarkson Pennington Law LLC with offices at 1023 Edenton Street, Birmingham 35242, and 202 Alabama Avenue SW, Fort Payne 35967. Phone (256) 638-3323.
Lightfoot, Franklin & White LLC has selected Fady Megaly, a rising 2L student at Vanderbilt Law School, as the firm’s 2024 Diversity Scholarship recipient. Megaly will receive a $10,000 award and a spot in this year’s summer associate program.
McGlinchey is proud to announce that the firm is relaunching its African American Affinity Group under a new identity: BOLD, McGlinchey’s Black Originators, Leaders, and Doers. BOLD’s mission is to foster an equitable and inclusive workplace
for all, by spotlighting workplace issues unique to the community and working to affect meaningful change in the places where we live and work.
Porterfield, Harper, Mills, Motlow & Ireland, P.A. is pleased to announce that Joel S. Isenberg and Matthew W. Nicholson have joined the firm.
Christian & Small is pleased to welcome Riley L. Brown as a new associate. Riley’s practice primarily focuses on insurance defense, commercial trucking, transportation litigation, and premises liability.
Bradley Arant Boult Cummings LLP is happy to announce that Kimberly B. Martin was presented with the Susan B. Livingston Award at the ASB’s 2024 Annual Meeting.
Fisher Phillips, an international labor and employment law firm representing employers, is pleased to announce that Catherine “Ree” Harper has joined the firm’s national PEO and Staffing practice group.
David Horton was honored by the Rotaract Club of Birmingham with the Outstanding New Member Award.
Maynard Nexsen welcomes a team of eight attorneys focused on the finan-
continued on page 46
McClendon
Seibel
Guarino
Eilertsen
Watson
Pennington Clarkson
Brown
Martin
Horton
Harper
cial services sector, with specific experience in securities and labor and employment matters for banks and other financial institutions: Carole Miller, Lorrie Hargrove, Rima Hartman, Matthew Penfield, Kath-
ryn Perreault, Stuart Roberts, Stephen Brown, and Anthony DellaSala
Hand Arendall Harrison Sale attorney Gregory H. Hawley, serving as Jefferson County Conservator, has successfully obtained a $510,000 judgment on behalf of an elderly protected individual. Firm attorneys W. Alan Duke, Jr. and Nicole B. Bracey rigorously pursued this case, a poignant example of the legal system’s fight against financial exploitation of the elderly.
Bradley Arant Boult Cummings LLP is pleased to announce that partner Anne Marie Seibel has been selected as an honoree of Corporate Counsel’s prestigious 2024 Women, Influence & Power in Law (WIPL) Awards in the Collaborative Leadership category.
Gordon Rees Scully Mansukhani LLP (GRSM) has relocated its office to 505 20th St. N., Suite 1650.
Porterfield, Harper, Mills, Motlow & Ireland, P.A. is pleased to announce that Robert E. Norton joined the firm.
Bainbridge, Mims, Rogers & Smith, LLP is pleased to announce that John W. Clark IV has returned to the firm as a partner.
Bradley Arant Boult Cummings LLP is pleased to announce that Richard H. Monk III has been named the new office managing partner. Andy Robison, who has served as the office managing partner since 2022, was appointed to the firm’s board.
The National Judicial Council of the National Bar Association proudly announces the election of Judge Brendette Brown Green as Chair. Judge Green, currently serving as a Circuit Judge in the Civil Division of Jefferson County, Alabama, was officially sworn in by the Honorable Judge Johnny Hardwick in Las Vegas on July 17, 2024. She will leverage her extensive judicial experience and visionary leadership in this esteemed national role.
Hartman
Miller Hargrove
Penfield
Brown Perreault
DellaSala
Roberts
Hawley
Duke
Bracey
Green
Norton Clark
Monk
Robison
