Memphis Lawyer Volume 35 issue 1

the magazine of the Memphis Bar Association

Vol. 35, Issue 1

Cover story: Why Americans Claim the American Dream and Celebrate Dr. Martin Luther King, Jr. THIS ISSUE:

Reflections of the Past and Advice for the Future

Interview with U.S. Attorney Mike Dunavant, Part 1

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Volume 35, Issue 1

FEATURES 8 Why Americans Claim the American Dream and Celebrate

Dr. Martin Luther King, Jr.

BY YVONNE K. CHAPMAN

11

Interview with U.S. Attorney Mike Dunavant INTERVIEW BY W. PRESTON BATTLE, IV

15 2018 Bench Bar Conference: Gateway to Success in a Changing

Legal World

16 Reflections of the Past and Advice for the Future: How Senior Attorneys

Can Be and Inspiration to Younger Attorneys

BY S. NEWTON ANDERSON

18

5 Computer Hacks Everyone Should Know

30

Spotlight: Judge Jennifer Nichols

BY SEAN A. HUNT

BY JAKE STRAWN AND KENDRA LYONS

COLUMNS 6

President’s Column

9

MBA Sections

BY EARLE SCHWARZ

22 MALS Corner: MALS' History is Tied to Dr. Martin Luther King's Death,

But Is Not The Entire Story

BY HARRISON D. MCIVER III

26

The Court Report: Criminal

28

Circuit Court Report

30

The Court Report: United States District

32

People in the News

34

Classified Advertisements

BY CHARLES “BO” SUMMERS

BY STEPHEN LEFFLER

BY DEAN DECANDIA

3

MEMPHIS LAWYER

2018 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Stephen Leffler, Chair Nicole Grida, Vice Chair Lucie Brackin, Executive Committee Liaison Preston Battle Leslie Byrd Karen Campbell Dean DeCandia Chastity Sharp Grice Sean Hunt Kendra Lyons Harrison McIver Jared Renfroe Jake Strawn Charles Summers Ellen Vergos Christy Washington

Earle Schwarz President

Lucie Brackin

Secretary/Treasurer

Dean DeCandia Past President

Matt May Jim Newsom Lisa Overall Maggie Cooper Roney Jill Steinberg Alex Wharton Estelle Winsett Section Representatives Sylvia Ford Brown Margaret Chesney Anne Johnson Joe Leibovich Jennifer Sisson Brigid Welsh

ABA Delegate Lucian Pera AWA Representative LaQuita Stokes Law School Representative Elizabeth Rudolph NBA Representative Florence Johnson YLD President Mary Wu Tullis

MBA STAFF

Anne Fritz

Executive Director

4

Vice President

2018 Board of Directors Mike Adams Megan Arthur David Bearman Sherry Brooks Frank Cantrell Leslie Coleman Amber Floyd Peter Gee Tannera Gibson Nicole Grida Doug Halijan Earl Houston Sean Hunt Steve Leffler

The Memphis Lawyer is a publication of the Memphis Bar Association, Inc. that publishes four times each year. The publication has a circulation of 2,200. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact Carole Doorley at 271.0660; cdoorley@memphisbar.org The MBA reserves the right to reject any advertisement or article submitted for publication.

The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 527-3582 www.memphisbar.org

Annie Christoff

Lesia Beach

CLE/Sections Director

Will Norris

Executive Assistant/ Membership Coordinator

Carole Doorley

Communications and Membership Director

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PRESIDENT'S COLUMN

By EARLE SCHWARZ, MBA President

U

ntil September 1964, the By-laws of the Memphis Bar Association provided that membership was open to only “white” attorneys. As the result of a determined effort led by well known and highly respected attorneys including Lucius Burch, James Manire and Tom Johnston, the membership voted to eliminate the racial restriction. Until about 6 months ago, I was completely unaware of this chapter in our Association’s history. I mention it now as an important example of how the Association must always be willing to change to meet the evolving needs of our members.

up and the response to the Guest House at Graceland was overwhelming positive.

In the Sixty’s the societal imperative was racial.

Currently, the societal imperative is generational. For the first time in history, there are four generations in the workplace. The next generation (a/k/a “Millennials”) comprise 36% of the workforce today. And that will grow to 75% by 2025. Many of the newly minted attorneys from this generational cohort will enter solo practice either by choice or of necessity. Right now, the MBA attracts to membership only 25% of the solos practicing law in this community. For the Memphis Bar Association to remain vital, we must change to become uber-relevant to the next generation.

We are continuing to reinvent the Bench Bar Conference. We have moved it even closer to Memphis.

Under the strong leadership of Chancellor Jenkins, Lucie Brackin, Nicole Grida, Judges Anderson, Parker and Henderson, the Bench/Bar Committee has planned exceptionally strong social and educational programming that is designed to appeal to all segments of the membership regardless of practice area and firm size. The room rate at the hotel is inexpensive and St. Louis has much to offer the entire family.

That process has begun. Last year, we relocated the Bench/Bar Conference to New Orleans in response to input from our younger leaders. The number of attendees did not increase substantially, but the group was more diverse – a good thing. We relocated the Annual Dinner to a more vibrant venue. The number of attendees was 6

Change continues. This year will mark a muchincreased emphasis on wellness. Under the leadership of Christy Washington, the Wellness Committee is staging a Spring-time weekend wellness retreat, expanding the John Dice seminar to a full day, bringing back Race Judicata in cooperation with the student government at the Law School and sponsoring Team MBA – a diverse and growing group of runners supporting St. Jude through participation in the Marathon Weekend.

The Law Week Committee under the leadership of Matt May and Lisa Overall is rebranding itself and expanding its focus to engage in outreach to the general community about the rule of law and our role in the system. The committee is hard at work planning a symposium based on the ABA Law Week theme: Separation of Powers. What could be more relevant?

The Access to Justice Committee under Amber Floyd continues the great work of providing a free legal clinic once a month and expungement clinics on a quarterly basis. Stay tuned for new initiatives.

The Membership Committee under Graham Askew and Preston Battle is experimenting with new approaches to recruiting and retaining members. And with the Solo Section is planning an exhibitor and CLE fair designed exclusively for solo attorneys. The Social Committee under Adam Johnson and Maggie Cooper has planned innovative, combo events that we expect to be in high demand.

The Board leadership, Committee leadership, Section leadership and the YLD leadership are all working hard, thinking creatively, partnering and focusing on innovation with the goal of re-imagining and invigorating the work of your Association. I am seriously stoked about what is being accomplished. I can feel the change in the air. I hope that you also sense the excitement and will choose to be a part of it. t

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Why Americans Claim the American Dream and Celebrate Dr. Martin Luther King, Jr.

by YVONNE K. CHAPMAN

S

ince 1986, on the third Monday in January, we celebrate the birthday of Dr. Martin Luther King, Jr., a man who understood the American Dream. It has become more challenging for many to envision this dream as we continue our American experiment.

Liberty and the pursuit of Happiness," is acknowledged in the Declaration of Independence. These Patriots pledged their “lives, fortunes and sacred honor” to advance this vision and establish a nation that envisioned a wealth of truth and ideals, not a wealth of personal acquisition.

Some claim our American experiment no longer offers a dream - the American Dream has vanished.

Current thought equates pursuit of the American Dream with acquisition of personal wealth (or access to credit) and accumulation of property. Were that the true measure of the American Dream, it would be an elusive concept, dependent upon the state of the economy or one’s precarious social standing.

How did James Truslow Adams define “the American Dream” in 1931, on the heels of the Great Depression, when he coined the phrase in Epic of America? Notice that Adams did not equate the American Dream with materialism, but acknowledged the difficulty some have understanding it.

While Dr. King is remembered for advancing the civil rights movement respecting racial equality, his words clarify the right of all Americans to pursue the American Dream. That is because Dr. King understood the vision of our Founding Fathers. In 1965 Dr. King preached on The American Dream stating its substance was “found in those majestic words of the Declaration of Independence, words lifted to cosmic proportions: ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by God, Creator, with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.’ That the Bible and the concept that God created us influenced the founding fathers. This is a dream. It’s a great dream.”

The American Dream is that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement. It is a difficult dream for the European upper classes to interpret adequately, and too many of us ourselves have grown weary and mistrustful of it. It is not a dream of motor cars and high wages merely, but a dream of social order in which each man and each woman shall be able to attain to the fullest stature of which they are innately capable, and be recognized by others for what they are, regardless of the fortuitous circumstances of birth or position.

Dr. King believed the dream belonged to us all, regardless of race, creed or status. He explained that what distinguishes our nation from others is that our basic rights were not derived from the government, but from God. Having been created in the image of God, all men have intrinsic worth because God Himself is in each man.

He said, “Never before in the history of the world has a sociopolitical document expressed in such profound, eloquent, and unequivocal language the dignity and the worth of human personality. The American dream reminds us, and we should think about it anew … that every man is an heir of the legacy of dignity and worth.”

The vision of our Founding Fathers, “that all men are created equal” and “endowed by their Creator with certain unalienable Rights that among these are Life,

Dr. King continued, "You may take my life, but you can’t take my right to life. You may take liberty from me, but you can’t take my right to liberty. You may take from

8

me the desire, you may take from me the propensity to pursue happiness, but you can’t take from me my right to pursue happiness." Dr. King knew the American Dream was part of our country’s foundation!

The God who gave us life gave us liberty at the same time. The hand of force may destroy but cannot disjoin them.

Thomas Jefferson penned these words in 1774 in his essay, A Summary View of the Rights of British America.

In the same sense, liberty without God is impossible.

Because the Founders acknowledged God in all they did, especially in establishing the foundations of our government, liberty was possible. The American Dream is the liberty we have, granted by God, to pursue our dreams, whatever they may be. Our subjective pursuits, whether they are higher education, particular careers, or material acquisitions, are the products of the dream.

True freedom to pursue the American Dream requires independence from government, not dependence upon it. Government cannot furnish a dream through a series of economic stimulus packages or legislation. Freedom, and our right to pursue happiness, is – as Dr. King said - our legacy of dignity and worth - and we must claim it. The American Dream cannot be taken away, it is unalienable, but it can be abandoned. We insure its existence by pursuing it. Because it is from God, it is available to all.

How will those who come after understand the American Dream? The American Dream is a right of all Americans centered in liberties granted not by government, but granted by God that the government must protect – inspired through the words in the Declaration of Independence and secured by our Constitution. The Constitution does not grant rights, it protects rights already granted by God. The government is charged to protect them, but individuals must pursue life, liberty, and happiness. We must pass along our knowledge about the foundation of America; it is our stewardship. We must claim the American Dream and pursue it - it is our right from God. Our Founding Fathers knew that and Dr. King did, too. t

sections Sections focus on a particular area of practice, with additional sections for Technology and Sole/ Small Firm. Sections have elected leadership chairs and require an additional dues for membership.

Because they have separate meetings, social events, and CLE opportunities, they are a great way to network and gain knowledge from experienced lawyers in a given area of law. If you’re interested in joining a section, contact Lesia Beach at lbeach@memphisbar.org or contact the section’s representative.

ADR BANKRUPTCY BUSINESS LAW CRIMINAL LAW FAMILY LAW HEALTH LAW SECTION LABOR & EMPLOYMENT LAW LITIGATION PROBATE & ESTATE PLANNING REAL ESTATE/ENVIRONMENTAL SOLE/SMALL FIRM SECTION TECHNOLOGY SECTION

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Interview with

U.S. Attorney Mike Dunavant Part 1: Civil Division Question: What are some of your goals for the Civil Division for the U.S. Attorney's Office?

Answer: The Civil Division is generally responsible for representing the interests of the United States in a wide variety of cases, and my goal is to have smart and effective representation of the government in all matters. These areas of priority are as follows: Frequently the Division is called upon to defend federal government agencies that have been sued as permitted by law including tort suits, employment discrimination cases, judicial appeals of administrative decisions denying applications for Social Security disability benefits, and suits filed by federal prisoners. It is the priority and duty of the U.S. Attorney’s Office to safeguard taxpayer funds, and to promote the responsible use and stewardship of government resources.

Finally, the Financial Litigation Unit (FLU) is responsible for reducing to judgment a variety of civil debts owed to various federal agencies and then taking all appropriate steps to collect those judgments. In addition the FLU is responsible for the collection of assessments, fines, and restitution imposed on defendants in federal criminal cases.

Question: Have there been any notable developments or civil cases in the Western District recently?

Answer: In the past 24 months, the following notable cases have been litigated by the Civil Division: • United States ex rel. Robyn Bright v. Gary M. Mantell, D.P.M., individually and d/b/a East Memphis Podiatry Group - Dr. Mantell agreed to pay $124,000 in an inability-to-pay settlement for billing for routine foot care office visits when the records and documentation did not support the billing.

The Civil Division also represents the United States in a number of affirmative civil enforcement cases ranging from the enforcement of IRS summonses to False Claims Act cases. Any type of civil fraud committed by dishonesty and deceit for personal financial gain strikes at the very heart of our national interests, and the litigation of ACE cases uncovers and exposes fraud to recover of government resources.

• United States ex rel. Booth and Scallorn v. Ageless Men’s Health, LLC, -Ageless Men’s Health, LLC (AMH) agreed to pay $1.6 million to the government to resolve allegations that it billed Medicare and Tricare for medically unnecessary evaluation and management services and office visits, while administering testosterone replacement therapy shots. AMH has approximately 30 locations throughout the United States and operates testosterone replacement therapy clinics.

With regard to Civil Rights Enforcement, the Civil Division handles cases that include complaints to enforce the Americans with Disabilities Act and the Fair Housing Act and other civil rights statutes.

• US v. Korban et al.- This case involved a cardiologist charged with medically unnecessary cardiac stents. The total settlement amount was $1,150,000.00. The case also involved allegations against Jackson-Madison County General Hospital, which agreed to pay the United States $1,328,465.00 to resolve allegations that it billed Medicare and Medicaid in connection with the placement of unnecessary cardiac stents and other unnecessary cardiac procedures.

The Civil Division also engages in Bankruptcy Litigation to protect the interests of government agencies that are owed money by persons filing bankruptcy.

11

• US v. George Woodbury- This case involved allegations against a dermatologist charged with billing for up-coded procedures and procedures that were not medically necessary, and resulted in a total settlement amount of $450,000.00

Question: What areas of civil practice interest you the most?

Answer: I am particularly interested in the area of Healthcare Fraud and Abuse Enforcement (HCF).

Historically, the Western District of Tennessee has had a proactive enforcement of HCF matters. We have a great relationship with HHS OIG and TBI, and take in both criminal and civil HCF matters based on direct agency referrals. As with almost all other districts around the country, we have seen and continue to see an increase in Qui Tam whistleblower cases. Our goal is to obtain the maximum recovery for the United States either through criminal prosecution and restitution or civil false claims damages. Patient harm, the extent of the fraud, the strength of the case, and our ability to prove the underlying allegations if the case is litigated are all factors that enter into our decision to intervene in a Qui Tam matter. Obviously, we are looking for a strong case from a factual standpoint as well as the amount of damages involved in order to achieve a just recovery for fraud, kickbacks, and other prohibited activities.

Question: How do you view the changing regulatory landscape as affecting your office's agenda in the future?

Answer: The United States Constitution confers upon the Executive branch of government the power to “take Care that the Laws be faithfully executed.” Congress enacts laws that provide for what, in its view, are best suited to accomplish the fair administration of justice in the United States. These are the tools that the U.S. Attorneys use to uphold the rule of law and administer justice. The laws that Congress enacts are the will of the people, and Attorney General Sessions has now taken action to remove prior regulatory policy used to change the law or to impose new standards to determine compliance with the law. On November 17, 2017, Attorney General Sessions issued a memo prohibiting the Department of Justice from issuing guidance documents that have the effect of adopting new regulatory requirements or amending the law. The memo prevents the Department of Justice from evading required rulemaking processes by using guidance memos to create de facto regulations. In the 12

past, the Department of Justice and other agencies have blurred the distinction between regulations and guidance documents. Under the Attorney General’s memo, the Department may no longer issue guidance documents that purport to create rights or obligations binding on persons or entities outside the Executive Branch.

Under the Attorney General’s leadership in this pursuit of regulatory reform, the Executive branch respects the other branches of government and avoids encroaching upon their functions. Members of the Executive branch do not enact law. We faithfully execute it.

Question: Is it sweeter getting appointed instead of having to run for office again?

Answer: It was not without some mixed and bittersweet emotion that I decided to relinquish a twice-elected state position for a federally appointed one. But when you have the ability to serve your country, it becomes about so much more than one’s own security and selfpromotion. It's about the important work of this office at this crucial time; it's about indictments and convictions that expose the truth, hold offenders accountable, protect victims, and achieve justice for the interests and priorities of our sovereign nation. I am extremely humbled to be afforded the opportunity to serve the citizens of the Western District of Tennessee as their top federal-law enforcement officer. This responsibility is not taken lightly. I, along with the dedicated professionals in the U.S. Attorney’s Office are committed to ensuring a safer community for our citizens in this 22-county district. I want to thank President Trump for this appointment, and I look forward to working in this Administration to make West Tennessee safe again.

Question: Congratulations on receiving the McCutchen Award. What does receiving that award mean to you?

Answer: On October 25, 2017, my former Tennessee District Attorney colleagues honored and recognized me with the McCutchen Award, which was established in 2000 in memory of Tennessee District Attorneys General Conference Executive Director Pat McCutchen. Director McCutchen’s goal was for the Conference to be the voice of Tennessee prosecutors in the statewide criminal justice system, and his leadership exemplified effective service in improving the quality of justice for all Tennesseans.

This award is given annually to a prosecutor who shows an extraordinary embrace of McCutchen’s vision of the

Conference as Tennessee’s definitive voice for criminal justice, and is the highest award given by Tennessee District Attorneys. I am honored that my fellow prosecutors would consider me to be in the same category as Pat McCutchen, an exemplary leader. During my time as a District Attorney, I was proud to serve in multiple leadership roles with the Conference. The Conference is the voice of criminal justice, and that in many ways is thanks to Pat McCutchen’s work. I will always cherish my time as a District Attorney, and I am humbled to receive such a prestigious award. t Interview conducted by W. Preston Battle, IV, Judicial Law Clerk to the Hon. Thomas L. Parker (at the time of the interview, Preston was an Associate at Baker Donelson)

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2018 Bench Bar Conference

T

he Memphis Bar Association’s 2018 Bench Bar Conference, to be held in St. Louis April 26-29, promises to be the biggest and best ever, featuring nationally renowned speakers on topics addressing the challenges facing the legal profession today. For over 30 years, the Bench Bar Conference has offered attendees the opportunity to network with judges, lawyers, and other legal professionals from Memphis and beyond.

Offering 12.0 hours of CLE credit, this year’s Conference will be held at the Marriott St. Louis Grand Hotel from Thursday April 26, 2018 through Sunday April 29, 2018.

Why I attend Bench Bar

by Lani Lester I attended Bench Bar in 2016 to support friends who were presenting and as a way to get to know other attorneys and judges. As a new lawyer, I believe it is important to build relationships outside of the courtroom so that you can be more effective in it.

Why I Go to Bench Bar

by Sean Antone Hunt You can get your CLE anywhere. But can you get CLE that actually helps you to determine how to best be persuasive to the one person you need to persuade, i.e., your finder of fact. Where else can you find out your judge’s pet peeves and likes and dislikes without having a case hanging in the balance while you learn. The bench bar is an informal place where these professionals can get together, talk, reminisce, and discuss common ground. While doing this, as with any other individual, you get to know that individual and, ultimately, that allows you to be more persuasive. So while the topics of the CLEs are excellent, the camaraderie and the fellowship is even better.

15

Reflections of the Past and Advice for the Future

How Senior Attorneys Can be an Inspiration to Younger Attorneys

by S. NEWTON ANDERSON

I

t was a pleasant spring day in 1982. I had received my law license a little over 6 months earlier. Following the end of a judicial clerkship for Circuit Court Judges James M. Tharpe and Irving Strauch, I had begun working for the law firm Wilson, McRae, Ivy, Sevier and Strain. Our offices were on the 31st floor of the 100 North Main Building, a prestigious address at the time.

Although my office was small, I enjoyed a view of the Mississippi River. Life was good. I had arrived at the office a little before 8:30 a.m. and had begun working through the ever growing stack of files on my desk when Fred Wilson came into my office and said in his deep, unemotional voice "We have a trial set this morning at 10 a.m. I would like for you to try it. Here is the file.

Your client and his witness are waiting for you in the lobby. Good luck." Holy cow!

I learned that on the night in question, my client and his passenger had pulled away from a stop sign to cross a major road in a rural, unlit area. They were “T-boned” by the Plaintiff. They both said they could not see him approaching because his headlights were not on. The Plaintiff, and his wife who watched him leave their house earlier that evening, said the headlights were on.

The advantage of this example of "sink or swim" approach was that I was not up all the previous night worrying about the case. On the other hand, taking into consideration what was only a short walk to the courthouse, I had less than 90 minutes to prepare.

It was a relatively minor case with no significant issues of law or fact. The case was tried by Judge Willard Dixon who smoked a cigarette during trial. Yes, this was quite some time ago. I won, not because of any inherent skills as a trial lawyer, but because Judge Dixon simply did not believe the plaintiff and his witness.

I was reminded of the manner in which I was "thrown" into court that day when I read about the recommendation of U.S. District Court Judge Elizabeth Wolford (sitting in the Western District of New York) just before hearing oral arguments in a pending breach 16

of contract matter. According to a January 2018 article in the ABA Journal, Judge Wolford had just that day received a copy of a July 2017 New York State Bar Association report that revealed that female attorney participation in court was at a lower rate than male participation. In front of her, each side was represented by a male partner who had planned to argue the case and each male partner was accompanied by a female associate who, Judge Wolford deduced, had done the relevant research. Having just been reminded by the New York State Bar Association report of something I suspect she was already fully aware of, Judge Wolford recommended that the female associates argue the case, which they did.

According to the website of her college alma mater, Colgate University, Judge Wolford had been a political science major and “had worked [and become a partner] at The Wolford Law Firm, founded by her father, since graduating from the Notre Dame Law School in 1992.” In addition to handling numerous time consuming, complex commercial litigation matters, she found time to mentor young attorneys and do community pro bono work. She obviously knows the mutual benefit of helping others.

As with so many matters that become public in our online society, Judge Wolford has been both praised and excoriated for her recommendation. But, who could argue against law firms wanting to help their associates gain experience by putting into practice what they have read about, been lectured about and observed the more senior attorneys (mostly white males) doing in court? In fact, most attorneys would agree that it is our duty to the profession to train our younger lawyers, including providing them experiences in court allowing them to develop skills that cannot be attained in any other way.

On the other hand, did Judge Wolford's recommendation assume facts not in evidence? The first assumption might be that the young associates were prepared to argue the case. Simply having done the research does not necessarily prepare one for oral argument, especially if the case is complex. The ABA Journal article mentioned nothing about the complexity,

or lack thereof, of the case being argued. Another assumption may be that the young associates were interested in developing skills of oral advocacy. I have certainly known several lawyers over the years (male and female) who had excellent research and writing skills and never had the slightest interest in going to court for anything other than watching another attorney argue a matter that they had worked on or perhaps making a consent announcement. Another presumption might be that the client would approve of their case being argued by a junior associate rather than a more senior partner. Although we clearly have, in my opinion, a duty to educate young attorneys, that duty certainly is subordinate to our duty to zealously represent our clients.

Some have said that while recognizing the duty to train young associates as well as the benefits to the law firm of doing so, the lead attorney on the case is probably in the best position to make the determination of what is best for the client at any particular point in the litigation, rather than the judge.

These are all valid arguments, both pro and con.

However, I keep going back to what must have gone through each of the young associate's minds as soon as the baton was unexpectedly passed to them. Instead of spending the morning with the relative ease of watching and learning from the more senior attorneys on each side of the case, they had to stand up with no prior notice or preparation and do it themselves. A good friend and study partner in law school had his very first court appearance before the Sixth Circuit Court of Appeals in Cincinnati. Although he had time to prepare, he told me that his "knees were knocking" because of his nervousness. Although the ABA Journal article does not tell us whether the associate attorneys had any prior courtroom experience, I nonetheless suspect that there may have been some knees knocking in Judge Wolford's courtroom that day. But there was irreplaceable learning by experience occurring as well.

Judge Wolford is quoted as saying "It was one of the best arguments I have had the privilege of presiding over." I also suspect (and very much hope) that the rest of the day for those young associates was filled with a tremendous sense of accomplishment and pride. I know that after the conclusion of my little trial in 1982, I felt that I had "arrived" and that I was now able to consider myself a "real lawyer." So, to those young New York associates, I say "Welcome, congratulations and the best of luck for a promising and successful career!" t 17

5 Computer Hacks Everyone Should Know

by SEAN ANTONE HUNT

1. How to pin Internet Explorer websites to your taskbar

If you go to a website often, you may find it convenient to pin that website to your taskbar so that you can simply click on the icon and go directly to that website. For example, if you go to LEXIS-NEXIS often, rather than opening your browser and clicking on a favorites item, you can simply click on an icon on your taskbar which will open a separate window for that website alone. To do this, open Internet Explorer and navigate to the page you want to open.

Then click on the tab and hold it and drag it down to the taskbar. An option TO pin it will appear and you can simply let go of the item and it will remain on the taskbar.

2. How to change the icon for websites pinned to your taskbar This is more difficult and requires you to use your command prompt on your computer. But, you need to change the extension of the website that you penned from “.WEBSITE” to “.URL”. To do this, open a window in Windows Explorer and go to your C drive. Then navigate to the following subfolder: C:\Users\%User Name%\AppData\Roaming\ Microsoft\Internet Explorer\Quick Launch\User Pinned\ TaskBar Note that “%User Name%” is your user name for your computer. For example, for my main computer it would be “HuntOffice.” Then, click in the address bar and copy the address or location where those penned websites are located. You should see the website that you want to change in that location. Now, go to your taskbar and search for “command prompt” and open that window. While in that window, type “cd” and then 18

add a single space and then paste the address that you just copied by either pressing CTRL-V or right-click and choosing paste. Then hit enter and you will see that you are now in the correct directory. Then type “dir” for a directory. When you see the name of your website, you will see that it has an extension of “.WEBSITE”. Simply change the name of that extension to “.URL” by typing the command below: Rename “Website full name here without quotes” “new name with new extension without quotes” Now, go back to the icon and right-click it. Then, right-click the website that you see one more time and it will show you a menu. Choose the item properties and you will see the properties general box. Click on change icon and choose an icon. Then, go back to the window with your command prompt and change the name back to its original extension. The change in icon will remain.

3. How to insert pages from one PDF to another PDF in Acrobat standard Simply open the two documents side by side and then open the thumbnails in both documents. Then, grab a thumbnail and drag it to the other document placing it

in the thumbnail area where you want the page to go.

When you drop it, that page will be there.

4. How to use ordinal dates in the field functions for Microsoft Word In your fields, when you add a field, for the date, you can specify exactly what date you want. For example, if you want only the year, then you can type in “yyyy” and it will give you the year in the four digit format. If you only put “yy” it will give you the year in the two digit format. If you put “d” it will give you the date in the number format without a leading zero if the number is less than 10.

So, put a “d” in the Field Properties section under Date Formats. Now, click on “Field Codes” and it will show you the codes being used for that date.

Now, simply add “\*ordinal” at the end of the fill code that is there and when you click okay, word will now enter the existing date as 13th, 20th, 1st, etc.

5. How to insert your signature on to PDF documents For this, you will need a program such as Photoshop. But all you need to do is to sign a document or a piece of paper and scan your signature. Then crop your signature down is close to the signature as possible. Then, in Photoshop, using the magic eraser, erase all of the background in your signature including all of the loops inside the letters. Then, save the document in “.png” format which is the only format which will save the transparent space now represented in Photoshop by the checkered spaces.

Now, in Acrobat, open up a document and create a stamp. Depended upon which version you use, you will

simply open “Custom Stamps” and click on “create.” You will then open the picture of your signature and create a stamp. Give it a name that you will recognize and then use the stamp for your documents when you need a signature. t

SPOTLIGHT: Judge Jennifer Nichols

By JAKE STRAWN (Spicer Rudstrom PLLC) and KENDRA LYONS (Harris Shelton Hanover Walsh PLLC)

J

ennifer Nichols has found herself being recognized in the media a lot lately, particularly for her work as a prosecutor in the Holly Bobo case. The jury delivered a guilty verdict in September 2017.

This background, along with what Nichols describes as the “gracious generosity” of the other Criminal Court Judges, has made the transition from prosecutor to Judge a smooth one.

Now, Nichols is being recognized for yet another high point her career: Wednesday, January 10, 2018, Tennessee Governor Bill Haslam appointed Nichols as a Shelby County Criminal Court Judge. Judge James Beasley Jr. in Division 10 retired in December; Nichols filled the vacancy. Governor Haslam administered the Oath of Office to her on February 21, 2018 before a packed audience in the Shelby County Administration Building. Justice Holly Kirby of the Tennessee Supreme Court and District Attorney General Amy Weirich were among those participating in the ceremony. Both Justice Kirby and General Weirich gave sincere remarks regarding Nichols’ character, background and qualifications to serve as Criminal Court Judge.

In her new role as a judge, Nichols goal is to serve with honor and distinction. She has resolved that defendants in her courtroom will understand what is happening with their case at all stages of the prosecution and noted that as judge, she is now able to communicate with defendants directly as opposed to only cross examining them. It is important to Nichols that all who come before her, attorneys, victims, defendants and their families as well as witnesses, leave knowing they had a fair hearing, that she listened, and that her rulings were based on the “law and good sense.”

Nichols did not always dream of being a judge but rather reached the point in her career where she believes she can continue to serve the public and do so more broadly. The timing was right when Judge Beasley--a friend and mentor to Nichols--retired.

Although she did not always foresee being a judge, Nichols’ legal career was preparing her for viewing both sides of criminal cases from the outset: she did insurance defense work, defended the U.S. Postal Service, served as a prosecutor for 20 years and was named the Deputy District Attorney General for the four years preceding her appointment to the bench. Moreover, her dad-still one of her biggest fans--was a Federal Investigator.

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When asked whether there are aspects of being a prosecutor that she will miss, Nichols expressed that while she found her career to be extremely rewarding, and thus far, there is nothing in particular that she misses on a daily basis. She is completely invested in her new role as a judge.

Nichols is a proud graduate of the University of Alabama (1984) and Cumberland Law School (1988). She has served as an adjunct professor of Trial Advocacy for the University of Memphis Law School for the last five years and will continue teaching next fall. Working with students has given her the opportunity to witness great advocacy “on both sides.” She has settled into her new position and looks forward to this exciting new chapter in her already impressive legal career.

To stay connected with Judge Nichols, visit https:// www.facebook.com/JudgeJenniferNichols/. t

TENNESSEE CHAPTER Memphis Area Members recognized for Excellence in the field of Mediation or Arbitration

Allen BLAIR (901) 581-4100

George BROWN (901) 523-2930

Fred COLLINS (731) 686-8355

John CANNON (901) 328-8227

Trey JORDAN (901) 526-0606

Minton MAYER (901) 312-1640

Frank CANTRELL (901) 328-8269

Hayden LAIT (901) 527-1301

Jerry POTTER (901) 525-8776

Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org www.TennesseeMediators.org isis free, free, funded funded by by members members

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MALS

CORNER MALS’ History is Tied to Dr. Martin Luther King’s Death, But is not the Entire Story

by HARRISON D. MCIVER III

M

emphis is poised to commemorate the 50th Anniversary of the death of one of this world’s most respected leaders – Dr. Martin Luther King, Jr. For those of us who were old enough to remember that tragic day when I, like so many, were glued to the television, when Walter Cronkite, (my favorite) CBS News anchor, announced initially that Dr. King was shot at the Lorraine Hotel in Memphis. We were paralyzed waiting and hoping that the wounds were not fatal, but indeed they were. Many of us recall exactly where we were on that sad occasion.

Today, MLK50 – the phrase that the National Civil Rights Museum has coined to commemorate this milestone in our country’s history, will occasion countless events and activities that will focus the world’s attention on Memphis unlike any time in the immediate past. The theme of “Where do we go from here” should cause all of us to think, reflect and commit to help Memphis become a place where all of its residents feel a part of this great city.

Out of this the tragedy we can celebrate two notable events of that period. First, on April 11, 1968, seven days after Dr. King’s assassination, Congress passed an amendment to the 1964 Civil Rights Act, more commonly known as the Fair Housing Act that banned 22

discrimination in housing. A second event is very close to home. In June 1968, Attorney Mike Cody, Senior Partner at Burch, Porter & Johnson, in concert with Rev. Jim Lawson, then pastor of Centenary Methodist Church, established the Neighborhood Legal Services Project (NLSP) in the church’s basement. The work of NLSP, with its 30- plus lawyers and law students, became the first pro bono community-based program available to individuals and families in need of legal assistance. As Mike Cody remarked: “Those were exciting and moving days for many of us… It was a coming together of some of the best and brightest legal minds committed to solving a problem….access of the economically disadvantaged to our system of justice.”

This year marks the 50th Anniversary of those unsung heroes who started the NLSP. Two years later in 1970, many of those early leaders chartered Memphis and Shelby County Legal Services. In the early1980s, MALS, with increased congressional appropriations under President Jimmy Carter, added Fayette, Lauderdale, and Tipton counties to its service area.

Two early MALS’ executive directors retired Circuit Judge (and former Tennessee Supreme Court Justice) George Brown and former City and County Mayor AC Wharton, led MALS in those formative years, and laid a solid foundation.

Fast forward to today – with a diversified funding base, we are unwavering in our belief that the work that MALS has done and is doing makes it an indispensable institution in our community. Hopefully you would agree that the greater Memphis area is a far different and better place than it would have been had MALS not been present in the community over the last 48 years.

In 2020 we will celebrate our 50th Anniversary. We thank the NLSP attorneys for planting the seed that blossomed into MALS. The strength of any law firm or organization is the dedication of its staff. We at MALS have a staff of 50 – lawyers, paralegals, administrative, financial and support - who are committed to MALS’ mission – “Excellence in legal advocacy for those in need.” Although a nonprofit law firm, we are very similar to a traditional law firm for both are dedicated to providing the highest quality representation to their clients. However, we are different in that we are the stewards of our great nation’s promise of “equal justice under law” (which is emblazoned on the front of the U.S. Supreme Court building.) Most firms do not turn away potential clients due to the lack of human resources. Unfortunately, MALS has no choice.

Indeed we will never have enough staff and volunteers to serve each member of our eligible client constituency of nearly 230,000. To ameliorate the situation, we use innovative methods to assist the maximum number of people. Of the nearly 4,800 cases handled in 2017 affecting over 9,200 individuals, we focus on identifying cases that could impact the greatest number within the client community. MALS has been barred since the mid-nineties from participating in class actions. Our “impact work” must be done on behalf of one or more individual clients. We assist those clients in challenging systemic issues in a way that will benefit the client. In this regard, we carry on a proud tradition of litigation that has seen MALS, over the years, before the United States and Tennessee Supreme Courts, as well as the federal and state intermediate appellate courts. The rich history of significant advocacy at MALS stretches the full-length of the firm's existence, with precedent-setting appellate court decisions reaching back to the 70s and well into this century.

Examples of MALS’ impact work include affording customers their due process rights before terminating their public utility services. Those rights were established in the landmark 1978 U.S. Supreme Court case of Memphis Light, Gas and Water Division vs. Craft. Natural parents are able to better defend their right to raise their own children by virtue of MALS’ advocacy before the Tennessee Supreme Court. Students with disabilities can assert their civil rights directly in Federal Courts because MALS advocated for those rights in the Sixth Circuit Court of Appeals in 2014. We protected the rights of public housing residents in the Tennessee Court of Appeals and the property rights of homeowners in the Tennessee Supreme Court. Victims of domestic violence may be spared from the utility bills of their abusers because MALS asserted their rights in a Circuit Court trial, while also working cooperatively with MLGW. A year before “predatory lending” was a national buzzphrase, attorneys in MALS’ Memphis Fair Housing Center, the City of Memphis Fair Housing Enforcement Agency, had recognized the problem and established the rights of homeowners under the Fair Housing Act. As a part of its strategic planning, MALS has developed comprehensive and innovative approaches to address poverty. MALS has sought and obtained special targeted grants, contracts and funding to respond in very intentional ways. Below are brief descriptions of some of the projects geared to address problems in a holistic way.

Cycles of Success Program - MALS has developed a new program in partnership with the Tennessee Department of Human Services (DHS) and the Tennessee Alliance for Legal Services (TALS) to address secondgenerational poverty through the provision of legal services to families who receive services through DHS. Supportive Services for Veteran Families (SSVF) - Since 2013, MALS’ Supportive Services for Veteran Families (SSVF) program has addressed the housing and legal needs of veterans who are homeless or are in imminent danger of becoming homeless by utilizing highly skilled attorneys, case managers and other professional staff to stabilize each family’s housing through housing assistance, negotiations with landlords and representation regarding tenants’ rights and responsibilities.

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Medical /Legal Partnership (MLP) - In September 2015, the Memphis CHiLD MLP (which is a partnership with Methodist Le Bonheur Children’s Hospital and the Cecil C. Humphreys School of Law) opened its doors at Le Bonheur which allows attorneys, physicians, social workers, law school faculty and law students to work together in an interdisciplinary team to provide medical and legal services to patients and their families.

Tennessee Senior Legal Services Consortium – MALS, the three other Tennessee legal aid (LSC funded) law firms and the Tennessee Alliance for Legal Services have joined forces to launch the creation of an innovative, sustainable, and critically needed statewide network of attorneys and other legal professionals who will work together to meet the legal needs of Tennessee’s most vulnerable seniors, creating lasting local impact across all 95 Tennessee counties. The Consortium will focus on core legal issues such as accessing benefits and healthcare; obtaining and maintaining safe and secure housing; avoiding or escaping abuse and exploitation; and engaging in important estate planning activities such as creating wills, advance directives and powers of attorney.

Hopefully, you will agree that MALS is an essential part of the solution in its role as the principal provider of civil, legal assistance to primarily low-income individuals. However, we recognize that we cannot do it alone. Many individuals, law firms, foundations, and corporate and government legal departments support our Campaign for Equal Justice, and attend the Justice for All Ball - our signature annual fundraising event.

We thank many of you for your involvement in our pro bono and volunteer initiatives.

As we strive to work together to address the challenges within our community, let’s make 2018 a banner year while keeping in mind the work and sacrifice of Dr. Martin Luther King, Jr. 50 years ago. t Harrison D. McIver III is Executive Director/CEO of MALS who celebrates his 20th anniversary this year!

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Experienced Lawyers On Demand + Efficient Business Process = Quantifiable Results Counsel On Call provides an innovative alternative to our corporate and law firm clients for getting legal work done in a cost-efficient, effective manner – on time and on budget. In 2015, we worked to save our clients, including 30% of the FORTUNE 100, more than $250 million on their matters.

We are a proud supporter of the Memphis legal community.

counseloncall.com || 901.432.4720

COURT REPORT

THE

by CHARLES “BO” SUMMERS

CRIMINAL COURT—Covers the weeks of November 20, 2017 to February 24, 2018 COURT

JUDGE

DIV. I

SKAHAN

VERDICT 1. STATE V. MARKYLE LOVE: Indicted for Aggravated Rape. Trial lasted from January 22, 2018 through January 26, 2018.

Verdict: Guilty as charged in the Indictment. Prosecutor: Devon Lepeard and Sarah Poe. Defense: Claiborne Ferguson 2. STATE V. DAVID ALLEN: Indicted for Aggravated Rape . Trial lasted from February 20, 2018 through February 24, 2018.

Verdict: Not Guilty . Prosecutor: Cavett Ostner and Dru Carpenter. Defense: John McNeil

DIV. II

WRIGHT

1. STATE V. TIMOTHY TURNER: Indicted for Theft of Property over $1,000. Trial lasted from January 8, 2018 through January 10, 2018. Verdict: Not Guilty . Prosecutor: Muriel Malone-Nolen. Defense: Lisa Kutch 2. STATE V. DANTE WILLIAMS: Indicted for Aggravated Robbery . Trial lasted from February 12, 2018 through February 13, 2018. Verdict: Guilty as charged in the Indictment . Prosecutor: Muriel Malone-Nolen. Defense: Brett Stein

DIV. III

CARTER

1. STATE V. MARICO WELLES: Indicted for First Degree Murder in the Perpetration of Robbery; . Especially Aggravated Robbery . Trial lasted from December 4, 2017 through December 7, 2018. Verdict: Guilty as charged in the Indictment .

Prosecutor: Carla Taylor and Austin Scofield. Defense: Rob Felkner .

2. STATE V. DERENZZO SUMMERS: Indicted for Aggravated Rape. Trial lasted from January 22, 2018 through January 26, 2018. Verdict: Not Guilty. Prosecutor: Alyssa Hennig and Gavin Smith . Defense: Jacinta Hall .

3. STATE V. JOEL DIAZ: Indicted for Aggravated Robbery . Trial lasted from February 20, 2018 through February 24, 2018.

Verdict: Not Guilty . Prosecutor: Collin Campbell. Defense: Blake Ballin.

DIV. IV

BLACKETT

1. STATE V. JAMAL JACKSON: Indicted for Aggravated Assault. Trial lasted from January 22, 2018 through January 24, 2018. Verdict: Not Guilty. Prosecutor: Kenya Smith . Defense: Kamilah Turner.

2. STATE V. CODERRO AVANT AND DAVARIO FIELDS: . Trial lasted from February 12, 2018 through February 18, 2018. Verdict: Guilty as Charged in the Indictment . Prosecutor: Colin Campbell and Sarah Poe . Defense: Charles Mitchell . Missy Branham.

DIV. V

LAMMEY

1. STATE V. CARLOS STOKES: Indicted for First Degree Murder; Conspiracy to Commit First Degree Murder; Criminal Attempt First Degree Murder (2 counts); Employing a Firearm During a Dangerous Felony; Reckless Endangerment with a Deadly Weapon. Trial lasted from December 11, 2017 through December 16, 2017. Verdict: Guilty as charged in the indictment . Prosecutor: Colin Campbell and Neal Oldham. Defense: Murray Wells .

2. STATE V. RAYMOND WATSON: Indicted for First Degree Murder . Trial lasted from January 8, 2018 through January 10, 2018. Verdict: Guilty as charged in the indictment . Prosecutor: Glen Baity and Ryan Thompson . Defense: James Jones .

3. STATE V. DONNEL SPEARMAN: Indicted for Unlawful Possession of a Controlled Substance with Intent to Manufacture, Sell or Deliver . Trial lasted from February 5, 2018 through February 8, 2018 . Verdict: Possession of a Controlled Substance . Prosecutor: Ryan Thompson. Defense: Wesley Riddle

DIV. VI

CAMPBELL

1. STATE V. SIRANTHONY WILLIAMS: Indicted for Aggravated Robbery . Trial lasted from January 8, 2018 through January 10, 2018. Verdict: Guilty as charged in the indictment . Prosecution: Danielle McCollum and Nicole Germain.

Defense: Mark Bowman .

2. STATE V. PORSHA DIXON: Indicted for Driving While a Habitual Motor Vehicle Offender. Trial lasted from January 29, 2018 through January 31, 2018. Verdict: Guilty as Charged in the Indictment. Prosecution: Danielle McCollum.

Defense: Larry Fitzgerald .

3. STATE V. TERRANCE COOPER: Indicted for Especially Aggravated Robbery . Trial lasted from February 12, 2018 through . Verdict: Facilitation of Especially Aggravated Robbery . Prosecution: Devon Lepeard and Austin Scofield. Defense: Murray Wells.

4. STATE V. GARY BARNETT: Indicted for Rape of a Child; Sexual Battery by an Authority Figure. Trial lasted from February 20, 2018 through February 24, 2018. Verdict: Guilty as Charged in the Indictment. Prosecution: Lessie Rainey and Jeff Jones. Defense: Glover Wright and Courtney Francik

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CRIMINAL COURT—Covers the weeks of November 20, 2017 to February 24, 2018 COURT

JUDGE

DIV. VII

COFFEE

VERDICT 1. STATE V. LADARRIUS BERRY: Indicted for Criminal Attempt Murder 1st; Aggravated Assault; Employing a Firearm During a Dangerous Felony; Reckless Endangerment (3 counts). Trial lasted from December 1, 2017 through December 4, 2017. Verdict: Criminal Attempt Voluntary Manslaughter; Aggravated Assault; Employing a Firearm; Reckless Endangerment. Prosecution: Stacey McEndree. Defense: Missy Branham .

2. STATE V. RICKY BOYD: Indicted for Criminal Attempt Murder 1st; Aggravated Rape. Trial lasted from December 11, 2017 to December 15, 2017. Verdict: Guilty of Criminal Attempt Murder 2nd; Aggravated Rape . Prosecutor: Lessie Rainey and Gavin Smith . Defense: Jacinta Hall and Sam Christian .

3. STATE V. ROBERT BELL AND JOCELYN WILLIAMS: Indicted for Murder First Degree . Trial lasted from January 29, 2018 through February 3, 2018. Verdict: Guilty as charged in the indictment. Prosecutor: Alanda Dwyer and Leslie Fouche. Defense: William Johnson, Juni Ganguli.

4. STATE V. BRANDON JOHNSON: Indicted for Murder First Degree. Trial lasted from February 12, 2018 through February 16, 2018. Verdict: Guilty as Charged in the Indictment . Prosecutor: Alanda Dwyer and Meghan Fowler. Defense: Juni Ganguli

DIV. VIII

CRAFT

1. STATE V. CHARLES ELLSWORTH: Indicted for Driving Under the Influence; Reckless Driving . Trial lasted from January 8, 2018 through January 10, 2018. Verdict: Guilty as charged in the indictment . Prosecution: Billy Bond . Defense: Hayden Lawyer.

2. STATE V. ROY BRANDON AND NICHOLAS JONES: Indicted for Unlawful Possession of a Controlled Substance (4 counts); Possession of a Weapon During the Commission of a Felony(4 counts). Trial lasted from January 22, 2018 through January 25, 2018. Verdict: Guilty as charged in the indictment . Prosecution: Jose Leon . Defense: Latonya Burrow and Eric Montierth .

3. STATE V. GERARDO JUAREZ: Indicted for Criminal Attempt Murder 1st; Employing a Firearm During a Dangerous Felony; Aggravated Assault. Trial lasted from January 29, 2018 through February 2, 2018. Verdict: Criminal Attempt Voluntary Manslaughter; Employing a Firearm During a Dangerous Felony; Intentional Aggravated Assault; Reckless Endangerment with a Deadly Weapon. Prosecution: Jose Leon . Defense: Trent Hall .

4. STATE V. TIMOTHY LINDSEY: Indicted for Aggravated Rape . Trial lasted from February 5, 2018 through February 12, 2018. Verdict: Guilty as Charged in the Indictment. Prosecutor: Abby Wallace. Defense: Charles Waldman.

DIV. IX

WARD

1. STATE V. WILLIAM HAMPTON: Indicted for Unlawful Possession of a Controlled Substance with Intent to Deliver, Manufacture or Sell. Trial lasted from January 8, 2018 through January 10, 2018. Verdict: Simple Possession . Prosecution: Chris Scruggs. Defense: Terrell Tooten .

2. STATE V. MARCUS WILLIAMS: Indicted for seven counts of Identity Theft . Trial lasted from January 22, 2018 to January 24, 2018. Verdict: Guilty as charged in the Indictment. Prosecution: Holly Palmer and Glenda Adams. Defense: Juni Ganguli.

3. STATE V. ERNEST ERVINE : Indicted for Burglary of a Motor Vehicle . Trial lasted from February 12, 2018 through February 14, 2018. Verdict: Guilty as charged in the indictment . Prosecutor: Holly Palmer. Defense: Katherine Oberembt and Andrew Sullivan

DIV. X

NICHOLS

1. STATE V. RICKY JORDAN: Indicted for Aggravated Sexual Battery . Trial from January 29, 2018 through February 2, 2018 . Verdict: Guilty as Charged . Prosecutor: Devon Lepeard and Paige Munn. Defense: Joe McClusky.

2. STATE V. BRANDYN CRAWFORD: Indicted for Aggravated Robbery . Trial lasted from February 5, 2018 through February 8, 2017. Verdict: Not Guilty. Prosecutor: Steve Ragland and Paige Munn. Defense: Ed Bronston

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Circuit Court Report

by STEPHEN LEFFLER

Covers October 31, 2017 to February 28, 2018 DIV. 1: FELICIA CORBIN-JOHNSON 1. CT-003571-14: 11-30-17, Charlotte Creasey v.

William R. Vance, Jr., Auto Accident, Jury, Andrew Bender for Plaintiffs, Nicholas J. Owens, Jr. for Defendant, Defense Verdict.

DIV. 2: JAMES F. RUSSELL 1. CT-000644-17: 11-22-17, Carol Pemberton v.

Bennie Lenoir, Breach of Contract (FED, Consumer Protection), Non-Jury, Carol Pemberton, Pro Se, Nicholas J. Tansey for Defendant, Plaintiff Verdict for $6,047.50.

DIV. 3: VALERIE L. SMITH 1. CT-001892-15: 11-15-17, George K. Torkpo v.

Thomas L. Harvey, Auto Accident, Jury, Ashley Schuerman Bennett for Plaintiff, Dawn Davis Carson for Defendant, Defense Verdict.

2. CT-005525-11: 11-28-17, Beatrice Auguster, as Personal Representative of and for and on behalf of all Wrongful Death Beneficiaries of the Estate of Stephanie Johnson v. Jayanta K. Dirghangi, M.D. and Jayanta K. Dirghangi, M.D., P.C. , Med Mal, Jury, Bill M. Wade for Plaintiffs, Darrell E. Baker, Jr. and Deborah Whitt for Defendants, Defense Verdict.

3. CT-002984-16: 1-25-18, Caroline R. Gordon v. John Doe, Auto Accident, Jury, J. Houston Gordon and Amber G. Shaw for Plaintiff, Warren D. McWhirter for Defendant, Defense Verdict.

4. CT-002477-16: 1-26-18, Irma Bledsoe and King David Bledsoe v. Kenneth Thomas, Auto Accident, Jury, Brandon Scott Leslie for Plaintiffs, Craig B. Flood, II, for Defendant, Plaintiff Verdict: Irma Bledsoe: $25,000.00; King David Bledsoe: $25,000.00.

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5. CT-005020-14: 2-6-18, Christy Webb and Steve Webb v. St. Francis Center for Surgical Weight Loss, LLC, and Robert W. Wegner, M.D., Med Mal, Jury, Randall J. Fishman and Richard S. Townley for Plaintiffs, Jerry O. Potter and Taylor B. Davidson for Defendants, Defense Verdict.

DIV. 4: GINA C. HIGGINS 1. CT-005212-14: 12-5-17, Collierville Prime Properties v. Robert J. Denley, Michael R. Donovan and Creative Kitchen and Bath, LLC, Breach of Contract, Non-Jury, Alan Kleiman for Plaintiff, Mark Grai for Defendant, Plaintiff Verdict for $77,622.44.

DIV. 5: RHYNETTE HURD 1. CT-002418-14: 12-5-17, George Lord III v. City of Memphis and Mid South Transportation Management, Inc. (MATA), GTLA (Premises Liability), Non-Jury, Eugene A. Laurenzi and Bobby Martin for Plaintiff, Christopher L. Vescovo and Scott Kirkpatrick, III, for Defendants, Defense verdict.

2. CT-002034-16: 12-8-17, John Deere Financial, FSB v. Davis and Davis, Inc. and Martin L. Davis, Breach of Contract, Non-Jury, Alan S. Kleiman for Plaintiff, Joree Brownlow for Defendants, Plaintiff verdict for $48,523.21 “including $800.00 previously ordered by the Court, plus interest and costs.�

3. CT-004039-16: 1-10-18, McCabe Construction Company, Inc. v. Paul and Linda Campbell, Breach of Contract, Non-Jury, Nicholas J. Tansey for Plaintiff/ Counter Defendant, Kevin Snider for Defendant/ Counter Plaintiff, Both Complaint and Counter Complaint were dismissed (Plaintiff failed to prove contract price; Defendant failed to prove damages suffered from defective paint job).

DIV. 6: JERRY STOKES 1. CT-000885-12: 10-31-17, Kevin Lewis v. Stacey McGovern and Gary McGovern, Auto Accident, Jury, W. David Cheek for Plaintiff, William Jeter for Defendants, Plaintiff Verdict for $3,750.00 (Gross Judgment for $5,000.00 less 25% fault).

2. CT-002393-15: 11-6-17, James L. Kirby v. Terrance D. Davis and Memphis Light, Gas and Water, GTLA (Auto Accident), Non-Jury, Jason J. Yasinsky and David A. Siegel for Plaintiff, Thomas Branch for Defendants, Plaintiff Verdict: $105,000.00 (Gross damages: $150,000.00 less 30% comparative fault).

3. CT-005332-10: 11-8-17, Charles Pratt v William Curtis Givens a/k/a “Wook� Givens, Corliss Givens, Individually and d/b/a CGI Entertainment, LLC d/b/a Level II Nightclub f/k/a Level II Entertainment Complex, LLC, John Doe Security Guards Numbers One and Two, and Lewis Hurd, Individually Class A Security, LLC, Intentional Tort, Jury, Kathleen L. Caldwell and Kathryn M. Swisher for Plaintiff, Jocelyn V. Henderson for Defendants, Defense Verdict.

4. CT-003788-15: 11-9-17, Martha Gardner and Cedrick Gardner, Individually and as Husband and Wife, and Sylvester Perry and Barbara Johnson v.

City of Memphis, GTLA (Auto Accident), Non-Jury, Adam H. Johnson for Plaintiffs, Sasha B. Gilmore and Thomas Branch for Defendant, Plaintiff Verdict: Martha Gardner - $10,000.00; Barbara Johnson $11,500.00; Sylvester Perry - $18,000.00. (Stipulated liability).

2. CT-003656-16: 11-17-17, Ulises Cuevas v. Mauricio Granada d/b/a J&K Auto Service, Breach of Contract (Construction), Non-Jury, Ulises Cuevas, Pro Se, Leonard E. Van Eaton for Defendant, Plaintiff Verdict for $3,976.63.

3. CT-003452-16: 12-11-17, L.C. Oliver and Travis Bullard v. John Doe, Auto Accident, Jury, David A. McLaughlin and David A. Gold for Plaintiffs, Robert L. Moore for Defendant, Plaintiff Verdict: L.C. Oliver - $25,000.00; Travis Bullard - $20,000.00.

4. CT-004004-17: 1-11-18, Arnold Dormer v. Christen Parker, Landlord/Tenant, Non-Jury, Morgan S. Pettigrew for Plaintiff, Defendant pro se, Judgment of General Sessions judgment affirmed and additional damages that accrued since the General Sessions trial awarded for a Plaintiff verdict of $5,352.00 and possession.

DIV. 8: ROBERT S. WEISS 1. CT-000257-16: 11-30-17, Yvette Wilson, Individually and as Mother and Natural Guardian of Destiny Brown, a Minor. v. Ambonisye Moody, Auto Accident, Jury, Jack Leach for Plaintiff, Robert L. Moore for Defendant, Defense Verdict.

DIV. 9: DAVID M. RUDOLPH No contested cases reported this period

5. CT-003429-16: 1-18-18, Anacleto P. Navarro v. Renee Shorty and Charles Yarborough, Auto Accident, Jury, Michael S. Long for Plaintiff, H. Lynne Smith for Defendants, Plaintiff Verdict for $10,309.00.

DIV. 7: MARY L. WAGNER 1. CT-000897-17: 11-13-17, Chapel Creek Homeowners Association, Inc. v. Elmer Harrison, Breach of Contract (Homeowner Association Fees), Non-Jury, Brandon F. McNary for Plaintiff, Jack McNeil for Defendant, Plaintiff Verdict for $1,500.00 (Attorney fee only).

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COURT REPORT

United States District

by DEAN DECANDIA

Covers July to December 2017 FOWLKES 1. United States v. Duane Anthony Rouch: Trial from Aug 28 to Sept 5. Indicted for Conspiracy: possession of alprazolam with intent to distribute, Conspiracy: money laundering, possession of methamphetamine with intent to distribute, Possession of alprazolam with intent to distribute, Possession of firearm while a convicted felon. Verdict: Guilty of all counts except conspiracy: money laundering. Prosecution: Sam Stringfellow, Bryce Phillips. Defense: Lauren Pasley.

2. United States v. Antonio Coach: Trial from Oct 31 to Nov 3. Indicted for Possession of a firearm while a convicted felon, Possession of marijuana with intent to distribute, Possession of a firearm in furtherance of a drug trafficking crime. Verdict: Not guilty.

Prosecution: Marques Young, Libby Rogers. Defense: Michael Scholl.

3. United States v. Cleve Collins: Trial from Nov 27 to 29.

Indicted for Major fraud against the United States.

Guilty plea as indicted during trial. Prosecution: Tony Arvin. Defense: Mary Catherine Robinson.

4. United States v. Mark Stinson: Trial from Dec 4 to 8.

Indicted for Conspiracy to defraud the United States, Willful failure to pay over tax, false statement on tax document, Theft of government funds, Aggravated identity theft. Verdict: Guilty as indicted. Prosecution: Damon Griffin, Nathan Brooks. Defense: Art Quinn.

LIPMAN 1. Correction from last issue: Miller v. Methodist Healthcare and Chinenye Uchendu, M.D.: Trial from Feb. 27 to Mar 7. Complaint for Medical 30

Malpractice. Jury verdict for Defendant Uchendu.

Plaintiff dismissed defendant Methodist before trial.

Attorneys for Plaintiff: Austin Rainey, Rachel Putman, Jonathan Benfield. Attorneys for Uchendu: Kevin Baskette, Joseph Miller. Attorney for Methodist: Craig Conley.

2. United States v. David High: Trial from Oct 31 to Nov 1: Indicted for Possession of marijuana with intent to distribute, Possession of psilocybin with intent to distribute, possession of firearms in furtherance of a drug trafficking crime, possession of a firearm while a convicted felon (2 counts). Motion to dismiss psilocybin count granted before trial. Verdict: Guilty of Possession of marijuana with intent to distribute, possession of firearm while a convicted felon (2 counts).

Prosecution: Will Crow. Defense: Claiborne Ferguson.

MAYS (SENIOR STATUS) 1. United States v. Marquette Walker: Trial from Aug 28 to 31. Indicted for Possession of a firearm while a convicted felon, possession of marijuana with intent to distribute, possession of ammunition while a convicted felon. Guilty of possessing ammunition while a convicted felon, not guilty of marijuana count, jury hung on firearm count (prosecution dismissed this count on a later date). Prosecution: Bayonle Osundare, Jerry Kitchen. Defense: Claiborne Ferguson.

2. United States v. Nickey Ardd: Trial from Oct 10 to 13. Indicted for Possession of cocaine with intent to distribute, possession of firearm during and in relation to a drug trafficking crime, possession of firearm while a convicted felon (2 counts). Verdict: Guilty as indicted. Prosecution: Karen Hartridge, Bayonle Osundare. Defense: David Bell.

3. United States v. Jeremy Jones: Trial from Nov 13 to 21. Indicted for Conspiracy: identity theft and mail fraud, Identity theft, Mail fraud, Aggravated identity theft, Obstruction of justice (2 counts). Verdict: Guilty as indicted. Prosecution: Damon Griffin, Murre Martindale. Defense: Juni Ganguli.

4. United States v. Jeremy Drewery: Trial from Dec 4 to 14. Indicted for Hobbs Act extortion (2 counts), Accepting bribes (2 counts), Solicitation to tamper with a witness. Verdict: Guilty of one count of Hobbs Act extortion, one count of accepting bribes, Solicitation to tamper with a witness. Prosecution: Reagan Taylor, Mark Erskine. Defense: Steve Farese, Joseph Cooper.

Mediation Nick Rice Rule 31 Mediator

MCCALLA (SENIOR STATUS) 1. Caldwell v. Bartlett City Schools: Trial from Oct 23 to 26. Complaint for Retaliation and Hostile Work Environment. Verdict for Defendant. Attorneys for Plaintiff: Justin Gilbert, Caraline Rickard. Attorneys for Defendant: Edward McKenney, William Wyatt.

901.526.6701 firm@ricelaw.com

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MICHAEL P. COURY Glankler Brown, PLLC is pleased to announce that Michael P. Coury has been appointed Regent for the Sixth Circuit of the American College of Bankruptcy at its annual meeting in Washington, D.C. The Sixth Circuit covers Michigan, Ohio, Kentucky and Tennessee. As Regent, Coury will serve as Chair of the Sixth Circuit Admissions Council and as a member of the Board of Regents, which has the sole authority to elect Fellows to the College.

DONNA RUSSELL Chancery Court of Shelby County, Tennessee announces the reappointment of Donna L. Russell as Clerk and Master of the Chancery Court for the 30th Judicial District of Tennessee.

The Honorable Chancellors Walter L. Evans, Jim Kyle, and JoeDae L. Jenkins administered the Oath of Office on Jan.4, 2018 to begin her second term as Clerk and Master. Clerk Russell came to Chancery Court after retiring from FedEx Corporation as a Corporate Tax Advisor. Russell previously worked for Deloitte Tax, served as Chief Deputy Clerk for

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1. Michael P. Coury 2. Donna Russell 3. Stephen L. Shields 4. Sehrish Siddiqui 5. Justin T. Starling 6. Tanja Thompson 7. Matt White

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the United States District Court for the Western District of Tennessee, law clerk for U.S. Magistrate James H. Allen and law clerk for Circuit Court Divisions 7 and 8 during law school.

STEPHEN L. SHIELDS Stephen L. Shields of Jackson, Shields, Yeiser & Holt has been appointed by the Tennessee Supreme Court to the Alternative Dispute Resolution Commission.

SEHRISH SIDDIQUI Bass, Berry & Sims elected six new members in January, including Sehrish Siddiqui. Siddiqui counsels a wide variety of public companies primarily in the areas of corporate finance, compliance and governance. She has served as counsel to underwriters, agents and issuers for more than 100 initial public offerings, follow-on offerings and at-the-market programs of various NYSE- and Nasdaq-traded entities. Siddiqui earned a J.D. from Georgetown University Law Center (2009) and a B.A. from the University of Memphis (2005).

JUSTIN T. STARLING Bass, Berry & Sims elected six new members in January, including Justin T. Starling. Starling advises clients on complex commercial real estate and financial transactions. He represents developers, investors, borrowers and lenders in all aspects of commercial real estate investment. Throughout his career, he has been actively involved in more than $10 billion in financings and $2.5 billion in real estate acquisitions, dispositions, and development and redevelopment projects.

Starling earned a J.D. from the University of Mississippi School of Law (2008), an M.C.R.P. from the University of Memphis (2004) and a B.A. from Rhodes College (2002).

TANJA THOMPSON Littler, the world’s largest employment and labor law practice representing management, has elected Katherine E. Flanagan (Houston), Tanja L. Thompson (Memphis) and William Hays Weissman (Walnut Creek) as new members of its Board of Directors.

“We are excited to have Kit, Tanja and Will join the firm’s 2018 Board of Directors,” said Tom Bender and Jeremy Roth, Littler co-managing directors, in a joint statement. “All three have maintained successful practices and exhibit the leadership qualities necessary to serve in a board member capacity. We look forward to their collective contributions as we continue to position Littler as a diverse, innovative and global labor and employment powerhouse.”

MATT WHITE Matt White of Baker Donelson has earned a Certified Information Privacy Professional (CIPP/US) credential from the International Association of Privacy Professionals (IAPP).

Mr. White, an associate in Baker Donelson's Memphis office, defends national and regional securities firms and their registered representatives in a wide range of matters including customer-initiated arbitrations and litigation, as well as in enforcement proceedings and investigations by the SEC, selfregulatory and compliance matters, including cybersecurity and data privacy-related issues. He is a member of the Firm's Data Protection, Privacy and Cybersecurity Team and provides counsel on a wide range of privacy/security matters, including all facets of electronic information management, cyber liability, risk management, data issues and data breaches. t

SUBMIT YOUR NEWS AND UPDATES ONLINE AT: WWW.MEMPHISBAR.ORG/BLOG/SUBMIT-CONTENT If you are an MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices are limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to cdoorley@memphisbar.org.

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