ADVERTISE IN THE Nashville Bar Association’s official award-winning, quarterly magazine—published exclusively up-to-date information to over 2,500 attorneys and legal professionals across the Nashville platforms, be sure to take advantage of this opportunity to target Nashville’s legal market and ADVERTISE IN THE
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ARTICLES
Facing It: AI, Biometric Privacy, and the Modern Entertainment Venue by Emily Crawford
A Governance Program: The Optimal Path to AI Success by Barbara Bennett, AIGP
The Legal Sculptor: How Lawyers Can Embrace Creativity in the Practice of Law by Brad T. Bald
DEPARTMENTS
From the President
Bahar Azhdari
Hear Ye, Hear Ye NBF Grant Applications
2025 YLD Mock Trial
2025 NBF Fellows Gala
2025 Law Day
Have an Idea for a CLE?
Calendar of Events
Generative
by Simon Levistky & Maria Waters
Background Check
Bart Pickett
Gadget of the Month
Bill Ramsey & Phillip Hampton
Capitol Notes
Peggy Sue, the Beagle Hound
From The President
Twelve months seems like forever in theory, but, in reality, blink, and it’s done. That’s how it feels as I close out my time as President of the Nashville Bar Association. I opened the year talking about my connection to this organization and the relationships it helps us create and strengthen. Looking back over the year, I am gratified to know the reasons why I joined and renew my membership with the NBA are strong.
We had a rollercoaster of a ride this year, filled with great highs and unexpected lows. We searched for and hired a new Executive Director, and we added new staff members to supplement and support the ongoing work of our dedicated NBA staff. We brainstormed ways to provide new and better services to our members. We continued the work of the previous Board by updating our bylaws to streamline and improve how we nominated and selected Board Members. We continued to provide substantive and relevant programming, happy hours, and CLEs. We also turned to our membership for support, guidance, and assistance. And you all showed up. You offered advice and counsel, a friendly shoulder, or a kind word.
You were also there in October when the sudden loss of our friend and longtime staff member, Vicki Shoulders, left us bereft. Vicki was the voice who greeted members when they called the NBA office, and the first person members saw when they visited. Her love and dedication to the organization were part of everything she did. She was a constant presence, and we will miss her greatly.
While this year turned out to be more a resetting and rebuilding period, I believe we have a solid foundation to support what the future holds. We have put together a Strategic Planning Committee made up of Board and NBA members, who will help us do the work of determining where we want to go and how we want to get there. And we will be counting on you to help us by providing your candid feedback and ideas. We have dynamic staff members who are excited to try new things and to help push us into new directions – without letting us forget who we are as an organization. We have fantastic and dedicated leadership at each level of the organization from our Executive Director to the Boards of the NBA, the Nashville Bar Foundation, and the Young Lawyers Division. We are about to begin a dynamic era, and I am excited to see where that leads us.
Thank you to the NBA staff for your patience, encouragement, and steadfastness. Thank you to the Board of Directors for your engagement (I know we had some long meetings!), thoughtfulness, and service. Thank you to the Committee and Section Chairs and members who produced events, CLEs, the Nashville Bar Journal, and so much more. Finally, thank you, the members of the NBA, who have continued to show me why the NBA offers value to both attorneys and the greater Nashville community.
The opportunity to serve as President is one I won’t soon forget. I am honored and grateful to have been your President.
Bahar Azhdari, Publisher
William T. Ramsey, Editor-in-Chief
Summer Geyer, Managing Editor
Lauren Poole, Managing Editor
Adrienne Bennett Cluff, Layout/Design/ Production
EDITORIAL COMMITTEE
Ellison Berryhill
Ramona P. DeSalvo
Timothy Ishii
J. Bart Pickett
Katlin Warner
Kristin Thomas
Jonathan Wardle
NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published quarterly by the Nashville Bar Association, 150 4th Ave N, Ste 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN.
POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, Nashville, TN 37219-2419.
No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/ NashvilleBarJournal
The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Adrienne.BennettCluff@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content.
NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1350 Nashville, TN 37219 615-242-9272 | NashvilleBar.org
The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. Our mission is to improve the practice of law through education, service, and fellowship.
The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.
Traci Hollandsworth, Director of Programs & Events
Corinna Saporito, Development Coordinator
HAVE AN IDEA FOR AN ARTICLE?
We want to hear about the topics and issues you think should be covered in the journal. Send your ideas to Adrienne.BennettCluff@ nashvillebar.org.
Hear Ye, Hear Ye
NASHVILLE BAR FOUNDATION GRANT APPLICATIONS
The Nashville Bar Foundation is now accepting grant applications for 2025. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. Grant eligibility and application guidelines can be found at NashvilleBar.org/NBFGrantGuidelines. The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/NBFGrantApplication. Applications are accepted December 1 through January 15 each year.
Watch your NBA Weekly Update for further information.
2025 YLD MOCK TRIAL
Join the YLD on Friday, February 21, and Saturday, February 22 at the Metro Courthouse for the 2025 YLD Mock Trial. Save the Date and watch for more details on how to volunteer!
2025 NBF FELLOWS GALA
The 2025 Fellows Gala will be held on Saturday, March 1 at the Four Seasons Hotel Nashville. Enjoy a delectable dinner, bid on enticing silent auction items, welcome the 2025 Class of Fellows, and recognize the 2025 Nashville Bar Foundation grant recipients. If you would like to donate an auction item, please contact Traci Hollandsworth at Traci.Hollandsworth@nashvillebar.org .
2025 LAW DAY
In celebration of the American Bar Association's Law Day, the Nashville Bar Association invites you to join us on Thursday, May 1, at the Four Seasons Hotel Nashville for our 2025 Law Day Lunch. For the latest information, visit NashvilleBar.org/LawDay2025
HAVE AN IDEA FOR A CLE?
We are always looking for creative and relevant CLE seminar ideas! If you have an idea or would like to see a specific topic in the coming months, please visit NashvilleBar.org/CLE to submit the idea. We appreciate you!
Calendar of Events
Welcome to the NBA
Congratulations on your membership – thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact NBAFrontDesk@NashvilleBar.org with questions or to learn more.
New Members (August 1 - October 1)
Lance Baker
Mercedes Baker
Kellie Barber
Caroline Barineau
Summer Basham-Todd
Ginny Blake
Robert Bramlett
Trey Catanzaro
Alex Cheatham
Teressa Colhoun
Jennifer Crawford
Colton Cronin
Melanie Davenport
Matt Delfino
Julia Denby
Tara DeSelms Stephens
Katie Donovan
John Dugger
Jacob Duncan
John Fahner
Therin Foley
Taylor Franklin
Chantley Frazier
Thomas Gandy
Annie Gillcrist
Stephanie Goldfeld
Charlie Guffey
Justine Happe
Emily Harake
Fernanda Herrera Spieler
MaryAnn Hescock
Annie Holmes
Brendan Horton
Dawn Jackson
Zac Jernigan
Madalyn Johnson
Zack June
Eddie Keith
Nora Klein
Madeleine Kurtz
Charlotte LaCroix
Sophia LaGrasso
Dimend Little
Caleb Long
Madison Lowery
Alexandra Lynn
Brian Maas
Devin Majors
Megan Majors
Timothy Maurer
Kevin McCormick
Ryesa McGehee
Heather McMutry
Matthew Miller
Eden Moalem
Patrick Mobley
Jacob Morizio
Chandana N
Maddin Nelson
Amanda Norman
Carter Oakley
Alison Oddo
Taylor Patton
Monica Peacock
Beth Petras
Madison Porth
Ava Raymond
Sam Raymond
Ryan Ritchey
Nick Rohacek
Lily Rucker
Jamison Russ
Marlee Sacks
Scott Sloan
Jon Michael Sockwell
Ann Steiner
Tara Stephens
Jamie Stewart
Travis Strickler
Breanna Tamoga
Jaden Taylor
Margaret-Bailey Turner
Stef Urdaneta Bey
Benita Walker
Kealy Welage
Mary Martha Willson
Facing It: AI, Biometric Privacy, and the Modern Entertainment Venue
When Benjamin Noren walked into Madison Square Garden to see the band Wizkid in November of 2023, he didn’t just make sure he had his ticket and identification handy to gain entry. He also brought a copy of a preliminary injunction. The injunction required Madison Square Garden Entertainment (MSG), the company that operates the sport and concert hall to allow entry to anyone possessing a ticket and behaving properly. While most patrons do not require a judge’s order to attend a concert for which they have a valid ticket, Mr. Noren had landed on MSG’s “enemies list.” His offense? Employment at one of about ninety law firms representing plaintiffs against MSG for personal injury or other matters.1 While the banned lawyers have received the most attention, other fans have been disallowed for publicly criticizing sports management or concert decisions by MSG. Potential patrons, personal injury lawyers, and even taxpayers have reason to see this policy as a serious problem.
MSG, which is owned by James Dolan and also owns the Beacon Theater, Radio City Music Hall, and various restaurants, refuses to sell tickets to lawyers who work for firms that advocate for plaintiffs taking legal action
against MSG. It also uses facial recognition technology (FRT) and artificial intelligence (AI) to screen patrons upon entry to its iconic venues. This way, if someone on the list manages to get a ticket from a reseller, they can be identified and turned away.2 While FRT has been used by law enforcement for decades to create “digital lineups” from photographs in government databases, private companies are beginning to explore its uses.
Some companies may wish to greet valued customers by name. Others will find value in turning away known shoplifters. But MSG shocked the world by refusing entry to tort lawyers working for firms the company considers enemies.
Like many places open to the public, MSG has pending personal injury lawsuits. The company has used FRT to upload pictures of lawyers working on behalf of the alleged victims. In most of the reported cases, the lawyers who were denied entry were not working on the particular lawsuits related to MSG.3 While tort lawyers
(continued on page 10)
Emily Crawford is a 4L student at Nashville School of Law. She is a Senior Accountant at VUMC and has a background in human resources. Emily is also a constant reader, slow running apologist, and one carry-on travel authority.
have been the most vocal about their disagreement with the policy, others have been affected as well. People “who are just consumers or viewers of MSG products have been put on a banned list because they told James Dolan to sell the team,” Noren said. “Simply criticizing the owner gets you forever banned by these stadiums.”4
Nashville is a mecca for bigname sports and entertainment headliners. Could “enemies lists” enforced by FRT be coming to our venues? Unlikely, according to Jonathan Motley, an entertainment lawyer at Safford Motley PLC. “The venues in Nashville are leased to the teams,” Motley said. “That would be a huge hurdle to overcome.” The Metro Nashville Sport Authority (MNSA) is the landlord for most professional sports venues in Davidson County. This makes it less
likely that a venue owner would use “a law enforcement technology to enforce a private grudge,” Motley said.5
While the nature of the MNSA makes an enemies list unlikely at a sporting venue, there is little in local legislation banning the practice. Tennessee is not one of the three states — Illinois, Texas, and Washington — that have laws preventing the use of facial recognition technology without the consent of the user. More than just window dressing, the laws have provided cash recovery for victims of privacy violations by companies like Google.6 New Yorkers affected by the “enemies list” were able to find relief through the creative use of a 1940s-era civil rights law designed to protect theater critics from retaliation, but that will not be available in most states.7
Although not expressly forbidden in Tennessee, even fully private venues should think twice about using FRT to ban patrons they dislike. While the personal injury lawyers excluded from Madison Square Garden might not be the most sympathetic victims, the “enemies list” policy concerns the broader public. If the policy were expanded to lawyers representing plaintiffs in sexual harassment cases, banning advocates could be seen as a form of retaliation. Taxpayers, too, may have reason to disagree with the policy. Many stadiums receive millions in tax breaks from the government. A taxpayer with a paid ticket who is turned away from a live show would be justifiably miffed about exclusionary practices.
Further, even those who fully support a venue’s “right to exclude” under property law may find the enforcement mechanism creepy. While the public may accept FRT when used to catch a terrorist on the loose, or even to identify shoplifters, many will be uncomfortable using it to target employees of firms an owner simply does not like. Public alarm over privacy concerns could lead to a backlash against the venues and the practice. Technology journalist Jesse Baron recently posited “Facial recognition could…spell[ ] the end of what was previously a taken-for-granted human experience: being in public anonymously.”8
If this is not enough to dissuade
venue owners from adopting similar practices, a Delaware judge recently described MSG’s policy as “the stupidest thing I have ever read.”9
Nashville’s iconic venues seem safe from the petty and vindictive use of FRT and AI at this time. As the technology becomes more widely available, it may be tempting for venue owners to use their power to exclude parties they don’t like, especially lawyers whose advocacy could cost the event space millions of dollars. But owners should refrain from this sort of retaliatory action. It alienates long-time fans, creates a public relations disaster, and ironically leads to more expensive litigation for the venue in defending the policy.
As for Mr. Noren, he has used his status as the poster child of banned lawyers to show other attorneys how to defeat MSG’s prohibitions. “We’ve given them a road map of how to get in and how to get $500 each time,” Noren said. Barring that, Mr. Noren has a secret weapon, albeit one unavailable to most patrons—an identical twin brother. On a recent visit, “the bells rang, they pulled me aside, and I said, ‘My brother’s the piece of shit lawyer, not me!’” 10
Footnotes
1 Kashmir Hill, Lawyers Barred by Madison Square Garden Found a Way Back In, N.Y. Times, (Jan. 16, 2023), https://www.nytimes. com/2023/01/16/technology/madison-square-garden-ban-lawyers. html
2 Id.
3 Hill, supra note 1.
4 Telephone Interview with Benjamin Noren, Davidoff Hutcher & Citron (Dec. 14, 2023).
5 Telephone Interview with Jonathan Motley, Safford Motley (Dec. 15, 2023).
6 Bickerton, James. Google Class Action Lawsuit Payments Start Arriving, Newsweek, (Jul. 8, 2023), https://www.newsweek.com/ google-class-action-lawsuit-payments-start-arriving-1811711
7 Hill, supra note 1.
8 Jesse Baron, The Tech That’s Radically Reimagining the Public Sphere, The Atlantic (Nov. 1, 2023) https://www.theatlantic.com/ books/archive/2023/11/your-face-belongs-to-us-kashmir-hill-facialrecognition-book-review/675843
9 Alison Frankel, Madison Square Garden doubles down on plaintiffs lawyer ban, even after it backfires, Reuters (Nov. 15, 2022) https://www. reuters.com/legal/legalindustry/madison-square-garden-doublesdown-plaintiffs-lawyer-ban-even-after-it-backfires-2022-11-15
10 Noren, supra note 5.
Get the NBA All-Access CLE Pass
The NBA is offering exciting member benefits, including the new All-Access CLE Pass.
For $199, members may register for an unlimited number of any NBAproduced* seminars, both online and in-person throughout the membership year (November 1, 2024 through October 31, 2025**).
The All-Access CLE Pass is exclusive to NBA members only and available to purchase when renewing. For details and more information regarding the All-Access CLE Pass, contact our CLE Department at NBA_CLE@NashvilleBar.org
*Some exclusions for All-Access CLE Pass usage apply for special programming including but not limited to CLE Institutes, Master Series speakers, travel-related CLEs, some YLD seminars, and other seminars in which we partner with outside entities.
**The All-Access CLE Pass expires annually on October 31 and may not be used to register for seminars beyond that date.
Remembering
Vicki Shoulders
Our dear colleague and friend, Vicki Shoulders passed away unexpectedly on October 31, 2024. Vicki had been a staple of the Nashville Bar Association for 24 years. She was the welcome NBA members received when they entered our offices and the kindly voice they heard when they called. She worked tirelessly to assist our members. Indeed, Vicki was instrumental in putting together our Memorial Services and had the trust and respect of our Memorial Committee. She understood the importance of honoring those who had passed and for ensuring their memories lived on. We will miss her more than words can express.
Premier Members
The NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to our programs and services. Contact NBAFrontDesk@nashvillebar.org for more information on how to become a Premier Member.
Jay Adcox
David Anthony
Gail Ashworth
Bahar Azhdari
Laura Baker
Dan Berexa
Michael Berman
Blake Bernard
Hon. Joe Binkley
Christen Blackburn
Hon. Melissa Blackburn
Tammy Block
Charles Bone
Jaz Boon
Dewey Branstetter
Josh Burgener
Kenny Byrd
Jamie Callender
Chris Cardwell
Loy Carney
Mark Chalos
Will Cheek
Jeff Cherry
Daniel Clayton
Seth Cline
Todd Cole
Chris Coleman
Erin Coleman
Grover Collins
Lew Conner
Beau Creson
John Day
Joy Day
Jackie Dixon
Flynne Dowdy
Sherie Edwards
Elizabeth Foy
Keith Frazier
Barry Gammons
Dave Garrison
Andy Goldstein
John Griffin
Thomas Hager
Amy Hampton
Shellie Handelsman
Bill Harbison
Aubrey Harwell
Trey Harwell
Paz Haynes
Lisa Helton
Lela Hollabaugh
Cherrelle Hooper
Paul Housch
Joseph Hubbard
Jan Jennings
Tracy Kane
Jordan Keller
Chris Kelly
Jenny Kiesewetter
John Kitch
Bill Koch
Irwin Kuhn
Ed Lanquist
Tom Lawless
Wendy Longmire
Kim Looney
John Manson
Hon. Randal Mashburn
Sam McAllester
Marcia McShane
Bob Mendes
Casey Miller
Margaret Moore
Hon. Pat Moskal
Phil Newman
Paul Ney
Andrew Noell
Chris Norris
David Parsons
Greg Pease
Andrea Perry
Kaya Porter
Tracy Powell
Ben Raybin
David Raybin
Nathan Ridley
Rett Roach
Tabitha Robinson
Worrick Robinson
Chris Sabis
Marie Scott
Bruce Shanks
Joe Shelton
Kimberly Silvus
Liz Sitgreaves
Eric Smith
Laura Smith
Saul Solomon
Mike Stewart
Gerard Stranch
Jim Stranch
Chris Tardio
Jim Todd
Hon. Aleta Trauger
Howard Vogel
Michael Wall
Leigh Walton
Liz Washko
Jim Weatherly
Carolyn Wenzel
Memorie White
Tom White
Tom Wiseman
Talley Wood
Ed Yarbrough
Bill Young
Stephen Young
Gulam Zade
Stephen Zralek
TENNESSEE CHAPTER
Gail ASHWORTH (615) 254-1877 John BLANKENSHIP (615) 627-9390
DeHOFF (615) 631-9729 James KAY (615) 742-4800
Gayle MALONE, Jr. (615) 651-6775 Dan NOLAN (931) 647-1501
Michael RUSSELL (615) 815-0472 Mark LeVAN (615) 843-0308
Mark TRAVIS (931) 252-9123
WELLS (423) 756-5051 Kevin BALTZ (615) 651-6714
Jack WADDEY, Jr. (615) 973-2630 David NOBLIT (423) 265-0214 Barry L. HOWARD (888) 305-3553
WHITE (615) 309-0400
John TARPLEY (615) 259-1366
Background Check | Jin Yoshikawa
Bart Pickett
was recently appointed as the State Trial Court Administrator for the Twentieth Judicial District where he oversees the operations of the 18 State Trial Courts. Prior to that, he practiced as a trial attorney for Liberty Mutual Insurance Company.
Born in Tokyo, Japan, in 1987, Jin Yoshikawa moved to the United States at only two years old due to his father’s work. His father, a long-time Americanophile who loved rock 'n' roll and studied languages in college, worked at IBM and took an assignment in New York City. When the assignment was over and the Yoshikawas had to return to Japan, his father found new business opportunities to keep the family in the United States. During the extended stay, his father was blessed with the chance to frequently visit Music City in the late 90s for his Japanese client Bridgestone.
The Yoshikawa family did end up moving back to Japan in 2002. Yoshikawa finished high school at the American School in Japan, a school in Tokyo that mostly catered to kids of ex-pats. His parents wanted him to have the choice to return to America for college. When Yoshikawa graduated in 2005, he went back to New York to attend Columbia University. “I was and still am a huge geek,” says the self-described video game lover. Wanting to be a video game designer, Yoshikawa majored in Computer Science and was on the Artificial Intelligence track.
Despite his initial desire to work on video games, Yoshikawa’s first job out of college was at a management consulting firm where he advised a Tennessee tech company entering the Japanese market. While he enjoyed the technical and storyingtelling aspects of the job, after a couple years of a wearing a suit, he thought he would take a shot at the entertainment industry while he was still young. He got a job as a production manager for a Japanese media production company based out of New York working on TV shows and commercials for Japan. He found this job to be the wildest and most fun one he’s had but found it was difficult to be a family man. So, at the age of 30, Yoshikawa decided to try law school next .
When it came time to choose where to go for law school, Yoshikawa recalled back to his father’s fond memories of Nashville. A trip to visit the city in 2017
confirmed his belief that this is a special city with its own unique identity that serves to fulfill many people’s dreams. While at Vanderbilt University Law School, Yoshikawa found himself again drawn to AI. He took an AI law class and even wrote his law journal note on AI. He served as the editor-in-chief of Vanderbilt Journal of Entertainment and Technology Law.
Yoshikawa and his family chose to remain in Nashville after law school. Part of that decision he credits to the NBA Minority Job Fair which provides access to opportunities that minority students might not otherwise have. Yoshikawa now has the honor of giving back to that program as he proudly serves as the co-chair of the Diversity Committee of the NBA. The committee is very active and he encourages all
(continued on page 16)
Background Check (cont.)
interested to join.
As a result of the job fair, Yoshikawa spent both summers working at Butler Snow and it is where he started his legal career as an associate. After a few years, he left to join Adams and Reese where he currently works doing mostly IP and commercial litigation.
Yoshikawa also prioritizes activities which highlight and strengthen the U.S-Japan relationship. He is an
active member of the U.S.-Japan Council and the Japan-America Society of Tennessee.
Yoshikawa met his wife Yurina while in college in New York. It turns out they had both also gone to the same high school but did not know each other as they are a few years apart. The couple married in 2014 and have two sons (6 and 4). Yurina is a fiction writer and currently the director of education at The Porch,
a non-profit for writers. The family lives in the Inglewood neighborhood where Yoshikawa is passing along his video game love to his sons as they play Nintendo Switch. When his boys are not occupying his time, Yoshikawa can be found reading a book from the stack of science fiction, biographies, and novels assigned to him by his wife.
• Specializing in commercial construction disputes, aviation litigation, corporate disputes, and complex contract disputes.
• Commercial pilot certificate; single-engine, multi-engine, and instrument ratings.
• Master of the Bench - John Marshall American Inns of Court • Nashville Bar Foundation
Gadget of the Month | Personal Recorders That Can Record Everything You Do
(and Provide a Transcript and Summary): Good or Bad Idea?
As most of you know, journaling is writing down your thoughts and feelings daily so you can understand them more clearly. Research consistently shows that journaling is good for you in many ways. If you struggle with stress, depression, or anxiety, keeping a journal can be a great idea. It can help you gain control of your emotions and improve your mental health.
However, AI has added a new twist to journaling. Voice recognition and automated transcription are now available everywhere and the prices are reasonable. Consequently, there are now personal recording devices and similar gadgets and apps that can record everything you do every day. Yes, everything! After recording all of your activities each day, these devices can provide you with a transcript and
a summary of your day. Here are just a few of these devices and applications.
Limitless Pendant (Limitless.ai)
This device is causing quite a stir. The device is a little round thingamajig that you can clip to your shirt or hang around your neck. It costs $99. You turn it on and it records everything you hear. You then can use AI to transcribe the conversation and get a summary. It can also prepare a to-do list based on the content of the meeting. In a tip of the hat to privacy, you can require it to get consent from other persons in the meeting before it will record their part of the conversation. It has unlimited storage in the cloud (so they say) and for $19 a month you get unlimited transcriptions.
Here is how it works. You first have to sign up for the Limitless app on iOS or Android (Limitless recommends that you use the Mac or Windows app, if you are not using the Pendant). Then, when you are in a meeting, it will record your meeting. While using the app, you will see a real time transcript. After you have stopped the recording, you can click on a word in the transcript and it will play the audio back for you. There is even a “Notes” section in the app that will automatically appear in that section.
In addition to the Mac and Windows companion applications, there is a web app as well. So you
should be able to access your transcripts and summaries from anywhere. Limitless also claims you can use the device and its features with Zoom, Google Meet, Teams, Slack, etc.
Now Limitless has released the Pendant which is designed to use the Limitless app and record everything that you do every day. The Pendant uses either Bluetooth or Wi-Fi to sync with the app on your phone.
A disclaimer: I have ordered the Pendant, but I do not have it yet. However, I do have the Windows app, and it really works well. I have used it to record video meetings, and the transcripts are spot-on.
Plaud Note (plaud.ai)
Previously I have tried using the recording apps that are now available on the iPhone and Android phones. They work great! (More on this below)
But now we have the Plaud Note. Unlike the Limitless Pendant, it is available now. (There will be a Limitless Pendant-like device, called the Plaud NotePin that will give you 20 hours of non-stop recording. It will start shipping soon. The cost is $169, with unlimited cloud storage.)
The Plaud Note is a metal device about the size of a thick credit card. There are three colors: black, silver, and starlight. It can stick on the back of any phone that has wireless charging.
(continued on page 18)
Gadget of the Month (cont.)
While it can fit in your wallet, you’re better off using the supplied magnetic case, not least because it has MagSafe compatibility so will stick effortlessly to the back of suitable iPhones. Other phones with Qi2 compatibility will also work.
It will record in-person conversations and phone calls (you just select the recording mode — phone call or note recording). You press the record button and a light shows it is recording. It does a great job of recording phone calls.
You can dictate notes into it as well. When you are finished recording, it uploads to the Plaud app. It then transcribes and summarizes the conversation. It is that easy. You can use GPT-4o or Claude 3.5 to prepare the transcription. Plaude Note comes with a free Starter plan giving you 300 minutes of transcription and summarization each month. With paid subscription levels you get more minutes of transcription and extra features
such as labels for each speaker, templates for your summaries such as Meeting Note, Speech, Consulting Meeting and Lecture. It has 64GB of storage and the battery supposedly lasts up to 60 days on standby.
The transcripts are not perfect, but they are pretty close. You can share the recordings and transcript and edit the transcript if needed. You do not get real time transcription, as you can on an iPhone or Android, but the results are impressive. And the NotePin may make things even more interesting.
Smart Phones, Computers, and Otter.ai
Solutions on smartphones, computers, and apps like Otter.ai are already here. They just don’t have the separate portable devices to make the recordings like Plaud or Limitless.
The recorder apps on newer Android phones can create realtime transcripts. The iPhone Notes app can do the same thing. All
will provide summaries as well. All thanks to AI. Most interface with Zoom, Teams, and most video conference apps as well. They have a lot of errors, but these apps are fast and are on your device. You can access your transcripts and recordings online. For example, you can turn on these apps on your phone in a deposition, and, at the end of the deposition, you can get a transcript and a summary.
Similarly, you can record audio in Microsoft Word and get an instant transcript or load a recording and have Word transcribe it. Google Docs will do the same thing. Even Amazon is getting into the act with Amazon Transcribe.
This stuff is everywhere: Otter.ai, GoTranscript, Rev, Scribe, TranscribeMe, and many more.
Back to the idea of recording and transcribing your entire life. Many experts say that is a bad idea. They say that doing your own thinking about a meeting or event is better than letting AI do that for you. They also say that you don’t need a record of everything. Sometimes it is better to forget things, and not have a permanent record of everything that happens. And, maybe, this technology will diminish our innate ability to use our natural memory process. What do you think?
- Bill & Phil
Reserve Our Facilities
The NBA offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville. We have a spacious Conference Center and a smaller Board Room – both of which have WiFi access, a computer, and phone – available for your use.
Can You Name These People?
Golden Oldies
For more information, contact NBAFrontDesk@NashvilleBar.org or visit
NashvilleBar.org/ReserveOurFacilities
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Spring Golden Oldies
Congratulations to Dewey Branstetter of Sherrard Roe Voigt & Harbison for correctly identifying the indivuals in last issue's photo! Individuals are listed from left to right: Jane Anne Woods, B. Gail Reese, Julie Jones and Leigh Walton.
A Governance Program: The Optimal Path to AI Success
Barbara Bennett, AIGP is a nationally recognized health care attorney who has been involved since the beginning at the intersection of Internet technology and health care, including artificial intelligence (AI). She has earned the Artificial Intelligence Governance Professional (AIGP) certification from IAPP. Noted for her M&A, data privacy and governance, and strategic business advice, Barbara has led transactions and provided counsel for sophisticated and complex health care and health care service businesses that have included numerous multinational Fortune 50 companies.
Futurist and author, Ray Kurzwell, predicts AI will reach human level intelligence by 2029, and that by 2045 we will attain “singularity.” 1 Singularity is predicted to include the capability for our brains to interface (i.e., merge) with the cloud and expand intelligence beyond our wildest dreams. Meanwhile, lawyers may already feel overwhelmed with the pace of technological development and its legal and ethical challenges.
Our use of AI as lawyers, as well as our clients’ use of AI in their businesses, are predicted to yield enormous benefits if done right, and catastrophic risks if not. High risk, high reward activities and choices are not new. Fortunately, our society has developed a statistically reliable way to manage high risk endeavors with our eyes on the prize.
In life we can handle risks along a spectrum from “No Guts, No Glory” to “Better Safe than Sorry.” Either end of that spectrum requires little thought or effort. We close our eyes and just take the leap, or we hide in a corner. It is the effort to stay somewhere in the middle—allowing for the opportunity while working to minimize the worst collateral damage—that requires thought and vigilance.
This effort to stay somewhere between the extremes of recklessness and avoidance is the stuff of Governance. Governance is simply risk management that begins with the company’s governing board. It does not guarantee success, but it can improve our chances.
Risk management is a well-established science that requires some artful judgment, and we as lawyers are trained to do it. The classic risk management steps are to (i) identify the risks, (2) evaluate and rank the severity and likelihood of occurrence, (3) choose tools for managing each top-level risk, and (4) implement and monitor the
tools. These also are the basic steps for an AI Governance Program. Of course, the devil is in the details and the risks of AI are very numerous, many of them quite technical. Available risk management tools are not all perfect or reliable. And everything costs time and money.
Nevertheless, we basically have the steps already laid out. The laws—and perhaps our survival—require that we use what we have and begin immediately.
Identifying AI risks may seem overwhelming at first. MIT has accumulated an AI Risk Repository of more than 700 risks,2 and these include legal, operational, social and ethical risks. The type of AI model, the intended uses by the business, the data on which the model was trained or tested, the model architecture and intended purpose, and any tests performed to ensure quality, accuracy and non-discrimination, are among the information necessary to narrow down the number of risks.
Using this information, companies can be ready to select the most important risks for that model and use case. With a cross-functional team, priority risks initially can be narrowed typically to fewer than 25 for any model and use case. And among those, a business can usually target a handful for initial management. AI governance is a dynamic work in progress and can be implemented in steps and scaled to a company’s resources.
Evaluating the risks and ranking them as High, Medium or Low (or gradations in between) provides the order in which a business can address those most important risks. Risk assessment matrices and principles (e.g., any use of sensitive personal data merits a higher ranking) can provide guidance for this evaluation process.
The selection of risk management tools to use to minimize risks is the next step. Avoidance is still
a risk management choice, as is wholesale acceptance of the risk, but for most risks, we select from among a variety of other management tools. These include insurance, policies and procedures for the use of the AI model, training, notices and disclaimers, human-inthe-loop monitoring and testing, and contractual assurances or disclaimers.
The scale and scope of AI has led to an ongoing development of risk management initiatives that include quantitative governance, AI tools for testing and monitoring, privacy-enhancing technologies like synthetic data, and other technologies. This collision of technical and legal considerations makes AI the challenging puzzle it is and also is what requires that the effort be a team effort with all stakeholders participating.
"Evaluating the risks and ranking them as High, Medium or Low (or gradations in between) provides the order in which a business can address those most important risks."
Existing and developing AI laws, frameworks, and guidance nearly all include governance or risk management as a legal requirement. The Organisation for Economic Co-operation and Development reports that by May 2023, governments reported more than 930 policy initiatives across 71 jurisdictions for trustworthy AI.3 The U.S. thus far has taken a sectoral approach, and every federal agency and many states have issued
guidance, passed or proposed laws, and/or used existing laws to enforce AI governance standards.
For example, many Federal Trade Commission enforcement actions under the FTC Act involving AI have resulted in consent orders that impose liability for the precise reason that a business had no AI risk management program.4 The Colorado Anti-Discrimination in AI Law requires risk management programs for high-risk AI use cases.5 The Department of Justice’s recent updated guidance on evaluation of corporate compliance programs makes clear that among the priorities for prosecutors is how a business is navigating risks related to new technologies like AI.6 These are only a few examples emphasizing the importance of a robust AI governance program for minimizing risks and liability.
Resources for AI governance frameworks are available, such as the National Institute of Standards and Technology (NIST) AI Risk Management Framework7 and the International Organization for Standardization (ISO) Standards 238948 and 42001.9 These frameworks are helpful, but they are not enough by themselves. Legal and compliance participation, along with input from other stakeholders, is needed to appropriately identify and manage AI legal risks.
Creating and implementing an AI governance program will promote AI success and minimize AI risk. Does this description of AI governance simplify a very complicated endeavor? Of course. But it also allows a business, a law firm or a legal office to be able to act to protect itself and move forward with some control within available resources. And as applicable legal requirements and uncertain consequences rapidly accumulate, a governance program will provide grounding, a framework for managing that increasing risk, a defense to liability, and a pathway for continuous evolution.
Footnotes
1 Ray Kurzwell, The Singularity is Nearer When We Merge with AI (2024).
2 The AI Risk Repository
3 How countries are implementing the OECD Principles for Trustworthy AI - OECD.AI
4 See, e.g., Rite Aid Corporation, FTC v., Federal Trade Commission
5 2024a_205_signed.pdf
6 Evaluation of Corporate Compliance Programs, U.S. Department of Justice Criminal Division
7 Artificial Intelligence Risk Management Framework (AI RMF 1.0), National Institute of Standards and Technology
8 ISO/IEC 23894:2023 - AI - Guidance on risk management
9 ISO/IEC 42001:2023 - AI management system
The Legal Sculptor: How Lawyers Can Embrace Creativity in the Practice of Law
Brad T. Bald is a commercial real estate attorney in Nashville, Tennessee here he serves as Associate General Counsel for Lifestyle Communities. Lifestyle Communities is a national multifamily developer, investor, and operator with a portfolio of owned and under-construction assets totaling approximately 8,000 rental units. Primary markets currently include Columbus, Nashville, Austin, Raleigh, and Charleston. He is also a member of Tennessee’s Attorney WellBeing Committee and volunteers for the Tennessee Lawyers Assistance Program.
Creativity has been defined as the ability to generate ideas, alternatives, or possibilities that may be useful in solving problems, entertaining, and communicating with others.1 The notion of recognizing alternatives and possibilities to solve problems may align with the role of a lawyer, however creativity is associated with rule breaking and the law has been, of course, about rule following.2 Historically, the legal profession has an aversion to risk and a need for certainty – many features that do not bode well with creativity.3 After all, lawyers are left brain thinkers: logical, rigid, and analytical. The concept of thinking outside of the box can be discomforting to lawyers as they are trained to believe that one should not go beyond the framework of the law.4
While skillful legal analysis is essential for effective advocacy, advocacy requires more than just the ability to associate facts with legal elements.5 Lawyers need to be able to perceive and interpret reality, and then use all the tools available to achieve their goals through conventional and unconventional methods.6 While a painter is limited by the physical framework of a canvas, they still see endless possibilities with a palette of many colors.7
Imagination and creativity are core aspects of human development. We are taught to assess, process, reflect, and imagine from an early age. Often presumed to be a magical superpower, creativity can be anything that allows the mind to expand to new ideas and alternatives with focus and concentration. Sculptures, in particular, are works made with great intentionality as any slip in concentration can cause the work product to falter.8 A sculptor’s lack of rigidity opens the door to a form of mystery and aesthetic pleasure.9 Lawyers, sculptors
of their own craft, chip away at the written form by chopping off fat and insignificant language. Similar to a painter, lawyers advocate by taking on the artist’s mantel and becoming verbal and written painters of significant moments in their client’s dramas.10 After all, lawyers are storytellers and narrators of their client’s tales of conflict.11 By reframing an unfavorable fact, drafting a persuasive argument, or interpreting precedent in a novel way, the legal craftsperson allows the law to serve as an effective guidepost for creative flexibility.12
"Often presumed to be a magical superpower, creativity can be anything that allows the mind to expand to new ideas and alternatives with focus and concentration."
Legal drafting becomes art when it succinctly meets the client’s needs yet remains faithful to the established framework.13 In songwriting, a blues songwriter understands the typical conventions of a 12-bar measure, yet has the flexibility to intertwine their unique message into a traditional musical structure.14 Moreover, a business attorney’s overall goal may be to form a limited liability company and draft an operating agreement. While the operating agreement has a foundation built by state law, the attorney can incorporate the client’s needs in a cohesive manner that’s easily digestible to the business owner.15 The organization of the in-house legal department also lends an arm to creativity from interactions with other departments, mediating inner company conflicts,
management of outside counsel, and mastering communication channels that may be atypical from conventional practice. At the end of the day, the best lawyer artisan allows the law to serve as a landmark for opportunity and value creation.16
Lawyers need to be able to reflect on the why of their work and how they are adding value to better utilize their skills in daily practice. Similar to an artist, lawyers have to pay close attention to detail and remember that part what they are doing is not merely interpreting the world, but re-interpreting it to further the interests of the client.17 As sculpture has the ability to re-
invent itself over time, the legal profession has the ability to evolve. Instead of considering the role as immutable, the practice of law can be easily explored through creativity without falling victim to conformity or the need to change career paths. n
Footnotes
1 Robert E. Franken, Human Motivation (1994).
2 Alexander Carter, Creativity in the Law, CareerDesignStudio.Buffalo.Edu (June 16, 2020), https://careerdesignstudio.buffalo. edu/blog/2022/09/06/ Creativity-in-the-law/
3 Christophe Collard & Mark Raison, Facets of Legal Creativity: Innovation in Law and Creativity Within the Legal Profession (2021).
4 Roger I. Abrams, The Lawyer as an Artist,
14 Nova L. Rev. 2 (1990).
5 Id.
6 Id.
7 Id.
8 Simon Wallis, Object Lessons at the Hepworth Wakefield: the importance of sculpture, The Guardian (October 22, 2016), https://www.theguardian.com/
10 James Parry Eyster, Lawyer as Artist: Using Significant Moments and Obtuse Objects to Enhance Advocacy, The Journal of the Legal Writing Institute, Vol. 14, p. 87 (2008).
11 Id.
12 Kathleen Elliott Vinson, Samantha Alexis Moppett, and Shailini George, Mindful Lawyering: The Key to Creative Problem Solving (2018); Brian Grossman, Legally Creative: Why Being a Lawyer Requires Abstract Thought, Above the Law (January 11, 2019), https://abovethelaw.com/2019/01/ legally-creative-why-being-a-lawyerrequires-abstract-thought/; see also James Parry Eyster, supra note x.
13 Elizabeth Whitman, The Art of Legal Drafting, JD Supra (January 21, 2019), https:// www.jdsupra.com/legalnews/the-art-oflegal-drafting-63090/
14 Id
15 Id.
16 Roger I. Abrams, supra note iv.
17 Rachel Reed, The Art of Being a Lawyer, Harvard (May 5, 2021), https://hls.harvard. edu/today/the-art-of-being-a-lawyer/
Capitol Notes
Peggy Sue, the Beagle Hound is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.
“Put out the fire and call the dogs in; the hunt is
November General Election Update. After the dust settled from the November general election, the partisan divides in the Tennessee General Assembly stayed exactly where they were. In the State Senate, Republicans continue to hold a 27-6 majority over the Democrats, and the House Republicans continue to hold a 75-24 majority over the Democrats. The leadership structure in each house will remain the same as Randy McNally of Oak Ridge will serve another two year term as Senate Speaker and Lieutenant Governor. Jack Johnson of Franklin will be the Republican Leader and Raumesh Akbari of Memphis will be the Democratic Leader. In the House, Cameron Sexton of Crossville will serve another two year term as Speaker. William Lamberth of Portland will serve as Republican Leader and Karen Camper of Memphis will serve as Democratic Leader. In the Senate, new members are:
Tom Hatcher (R) of Maryville for District 2, Bobby Harshbarger (R) of Kingsport for District 4, and Jessie Seal (R) of New Tazewell for District 8. In the House, new members are:
Renea Jones (R) of Unicoi for District 4, Fred Atchley (R) of Sevierville for District 12, Tom Stinnett (R) of Alcoa for District 20, Michele Reneau (R) of Chattanooga for District 27, Rick Scarbrough (R) of Oak Ridge for District 33, Shaundelle Brooks (D) of Nashville for District 60, Lee Reeves (R) of Franklin for District 65, Aron Maberry (R) of Clarksville for District 68, and Gabby Salinas (D) of Memphis for District 96.
Closer to Home. Here in Davidson County, State Representative Darren Jernigan decided to call in the dogs and go to work for Mayor Freddie O’Connell as the Mayor’s legislative liaison. The new State Representative
for District 60 covering the Hermitage area of Davidson County is Ms. Shaundelle Brooks. Ms. Brooks won both a hotly contested Democratic primary election as well as the general election where she defeated a well-funded Chad Bobo, the winner of the Republican primary. Ms. Brooks used her catchy slogan of “Fight Like a Mom” to good effect. She was raised in Brooklyn, NY, and is a retired parole officer. Tragically, one of her sons was murdered in the Nashville Waffle House mass shooting in 2018. Using her advocacy efforts after that terrible loss, she transitioned to campaign mode and worked hard to achieve her victories in her two elections this year.
Calendar Notes.
December 24 & 25 -
Christmas holidays for government offices
December 31 & -
January 1
January 14 -
January 20 -
Early February -
February 16 -
New Year’s Day holidays for government offices
Opening day for the 114th General Assembly
Martin Luther King, Jr. holiday and Inauguration Day
Bill filing deadline for the 2025 legislative session
Presidents Day holiday for government offices n
Effectively Using AI
Ellison Berryhill is an Appellate Attorney with the Nashville Public Defender's Office. His writing has been published in the Louisville Law Review, Virginia Journal of Criminal Law, and Michigan Journal of Law Reform. All work done for the Nashville Bar Association is in his personal capacity and does not represent the views of his employer.
If you are reading this issue, then you’re no doubt aware of the explosion of artificial intelligence in the professional world. You’re likely seeing advertisements for AI products promising to make your life better and easier. However, many lawyers are afraid of AI. We have probably heard the horror stories of lawyers submitting documents drafted using ChatGPT that ended up containing fake cases. We may have played around a little bit with AI products, but we feel hesitant to use the products in our practice.
I’m right there with you, but I don’t want to be left behind. So, I turned to some experts: Caitlin Moon is a Professor of the Practice at Vanderbilt Law School, and the Founding Co-Director of the Vanderbilt AI Law Lab and Greg Siskind is the founding partner at Siskind Susser, a Memphis immigration firm, and he has been at the forefront in developing AI programs for lawyers at Visalaw.ai, a company he co-founded.
Moon says that people who are afraid of AI need to replace that fear with curiosity. Many of the legal tools that we use currently have AI embedded. Additionally, technology companies are working to figure out how generative AI will make their tools better. Moon says, “we are in a moment now that we’ve never been in before and we can decide to be proactive and curious and chart our own course here or we can sit back and be reactive and let somebody else make these decisions for us.” Moon describes three tips that can help with this: First, learn how the AI products work. When lawyers get in trouble using AI, it is often because they are unaware of how the tools work. If you know how the tools work, then you can understand how they are useful and how they can be hurtful. It will help you be efficient and avoid major problems that come when you don’t know
what you’re using.
For example, Siskind describes a feature of ChatGPT that makes it improper for much of lawyer work: when you load information into ChatGPT, it is used to train their AI and is incorporated into their models. This causes confidentiality issues because your client’s confidential information is now inside of ChatGPT. Also, occasionally documents or prompts get flagged as inappropriate and are sent to human content evaluators. The last thing you want is to have some anonymous person looking at your confidential information, and we know that the content matter we deal with as lawyers is often exactly the kind of content that would be flagged.
Siskind has developed a program that works better for legal work than ChatGPT. His program is different because instead of pulling from everything on the internet, it allows you to build a library of sources, and the AI will pull from only those sources when answering questions or generating documents. Your inputs are not shared with the World Wide Web but instead just stay on the platform. Siskind has also created programs that allow you to load the foundational documents in your practice area and have the AI use those to perform tasks and answer questions.
Second, Moon suggests that law firms create a sandbox for their lawyers to practice and use these tools without any consequences. She warns against firms prohibiting their attorneys from using AI. She says that people are going to be using these tools no matter what, and if you have a blanket prohibition, then you can guarantee that there will be rogue use. In that circumstance, the likelihood of a bad outcome can be higher than if you trained people. Like with anything, you should be able to practice with no stakes before
you perform with something on the line.
"Moon suggests that law firms create a sandbox for their lawyers to practice and use these tools without any consequences. She warns against firms prohibiting their attorneys from using AI."
Third, follow your ethical obligations. There is a lot of fear about AI and how to use it ethically, but Moon says that your obligations while using AI are exactly the same as your ethical obligations using any other technology. You have an obligation to check your work and ensure confidentiality no matter what tool you are using. That does not change with the introduction of AI.
Siskind suggests that you treat work product created by AI the same as you treat work product
created by anyone other than you. These programs may create a basic draft of something, but “from an ethics point of view you still have to be the lawyer. You still have to exercise diligence, you still have to check citations, you have to actually read the documents. The AI is good, but it’s not perfect. So, it will get the answer right most of the time, but it will occasionally have something in the answer that isn’t perfect.”
When you are looking at the landscape of AI in the legal profession, think about these three tips. Learn how the products work, practice with the products before using them for clients, and keep on top of your ethical obligations. Following those tips will allow you to be curious about AI and make your practice better.
barBites | Santa Fe Soup or Stew Chili
Kaitlin White is an attorney at Buchalter and a member of the litigation practice group. White has a broad-based litigation practice with a primary focus on business and commercial disputes. She has experience representing corporate and individual clients in both state and federal court in a variety of subject matters, including breach of contract, business torts, and product liability.
Meet Us at the Bar Cranberry Colada
Ingredients
2 lbs Ground Chuck
1 Can Rotel
1 Can Petite Diced Tomatoes
2 Cups of Water
1 Small Onion
1 Can Dark Red Kidney Beans
Directions
1 Can Black Beans
1 Can White or Navy Beans
1 Can Shoepeg Corn
2 Packages Taco Seasoning
2 Packages Dry Ranch Dressing
Begin by combining all the cans of beans in a colander and letting them drain.
While the beans are draining, add the ground chuck to a pot or dutch oven and cook, breaking it up into small crumbles, until it's browned and fully cooked. Once browned, drain off any excess fat.
Add finely chopped onion and sauté until the onions softens and becomes translucent.
Stir in the four packages of seasoning mix (taco seasoning and dry ranch). Add water and stir to combine. Then add the can of Rotel, diced tomatoes, and corn directly to the pot. Stir well. Finally, add the drained beans.
Allow the pot to come to a boil and then reduce the heat to bring the pot to a simmer. Cover and let simmer for a couple of hours, stirring occasionally.
Serve over crumbled Fritos or cornbread, topping with mixed shredded cheese. n
Makes about 4 servings
Ingredients
Frozen Coconut Milk Cubes*
Pineapple Juice
Cranberry Juice
Cream of Coconut
Cranberries to garnish
Ice to desired texture
*Tip: Freeze coconut milk in an ice cube tray
Directions
In a blender, add the frozen coconut milk cubes, 1/4 cup pineapple juice, 1/2 cup cranberry juice. If you want the drink to be on the sweeter side, add a generous amount of Cream of Coconut, and blend. Adjust mixture to taste and add ice depending on the preferred texture.
Kitchen Notes:
When I was growing up, my grandfather always made Piña Coladas for our (otherwise) very Swedish Christmas Eve dinner. All the adults would get to walk around the party with their frosty glasses sipping what I now think of as a very out of season cocktail but a good memory. Enjoy this semiseasonal take on a summer treat. n
Photo by Adrienne Bennett Cluff
From Nashville to Caen: My First Trip to Nashville’s Oldest International Sister City with the
Nashville Bar
David Fletcher is an Assistant Federal Public Defender for the Middle District of Tennessee where he defends indigent persons charged with an array of federal crimes. He is a member of the NBA, Napier Looby Bar Association, Tennessee Bar Association, and the National Association for Public Defense.
Caen, France is one of Nashville’s ten international sister cities and holds the distinction of being named as the first sister city with the relationship originating over thirty years ago. Charly Badache was the founder on the Caen side and former NBA president, Steve Cobb represented Nashville. Thanks to their efforts, a relationship between the two cities was solidified and Caen is the only sister city specifically attached to the NBA. Thus, the program is designed for lawyers from both cities who exchange ideas and perspectives each year – odd-numbered years in Nashville and evennumbered years in Caen. After Mr. Badache’s death in 2017, a scholarship was setup in his honor to assist young Nashville lawyers in attending the trip. In August, I was selected as the 2024 recipient.
In early September, a delegation of ten Nashville lawyers and friends convened in Paris one night before a two-hour train ride to Caen. Paris had just hosted the 2024 Summer Olympic Games. The city was still full of tourists and bursting with energy as the paralympic games ended the day before our arrival.
Taking the train from Paris to Caen was a breeze. Traversing through the Normandy hillside is something I will never forget. Upon arrival, we were warmly greeted by our French counterparts. We immediately began a tour of Caen, which to my surprise, was a very modern yet small city full of character and charm. It was clean, and the smell of freshly baked bread filled the air. There was live music on every corner. And not just guitarists cranking out American country classics. But there were flutists, violinists, and one of the most amazing accordionists I’d ever heard.
After checking into our hotel, we attended a CLE
where presenters discussed the differences in French and American election laws. After the CLE ended, we mingled with lawyers of the Caen Bar Association. For
me, this was a highlight. One of life’s simplest pleasures is meeting new people and learning about their culture and background. We spent hours learning about each other all while drinking the best French wine and bread.
The best part of the trip though, was a visit to the Normandy American Cemetery and Memorial on Ohama Beach. For readers who may be unaware, Omaha Beach is the site of World War II’s famous D-Day (otherwise known as Operation Overlord). This operation was a turning point in the Allied Force’s liberation of France from Nazi Germany. The cemetery lies on a bluff above the famous beach overlooking the French coast on the English Channel. Over 9,388 American troops are buried in the cemetery and our group had the opportunity to perform a wreath-laying ceremony honoring the fallen soldiers, while also celebrating the long-standing friendship between the United States and France. The experience was unforgettable. The next morning, most of our delegation took the train back to Paris to head back to America.
I would sum up the four-day trip in three words: enlightening, transformative, and emotional. Paris is beautiful, worldly, and trendy, but it is very different many other parts of France. Caen, while much smaller than other more well-known French cities, exuded more culture and character that one could absorb in three days. It was modern, but you could feel its rich history in the still war-torn buildings, warm residents, and incredible cuisine. I would encourage all members of the bar to become involved with the Sister Cities organization and if at all possible, take the biennial trip to Caen. You won’t regret it!
Lawyer Referral & Information Service
Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area?
If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handles issues such as:
For information on joining LRIS, please contact LRIS@NashvilleBar.org We look forward to hearing from you!
Generative Artificial Intelligence
As Generative artificial intelligence (GAI) becomes commonplace in legal practice, ethical considerations must evolve. Attorneys have faced problems using AIgenerated information that is incorrect or fabricated. Some have been sanctioned or even disbarred for relying on GAI without properly verifying results.
GAI uses language-based learning from accessible data for many publicly available GAI tools. GAI now crafts natural responses and identifies nuanced issues but that can also mask misinformation. Simple questions like "can you e-file in [county]?" can generate incorrect responses. Local rules may not be published in a format that GAI recognizes. Competent representation in the digital age requires harnessing GAI tools to improve the quality of representation, not as an alternative to diligence.
Attorneys must know how to interact with GAI as confidentiality is of concern. Asking ChatGPT to summarize a transcript or draft a response to an email may efficiently yield helpful results. However,
confidential information entered into ChatGPT becomes publicly available. Lawyers have an ethical duty to maintain clients’ privileged and confidential information and take steps to ensure sensitive data is not inadvertently exposed.
Attorneys should consult with their clients about the use of GAI, promoting transparency and strengthening trust. GAI software designed for the legal profession can streamline document review and drafting at a cost. Attorneys must still ensure that fees are reasonable. New GAI document review software can provide incredible analysis and ultimately reduce legal expenses. However, it is up to attorneys to know about these options and how to use GIA economically.
Clients increasingly expect attorneys to implement new technology in the legal profession. As this technology moves ahead, we must be mindful to adhere to ethical standards while also exploring GAI to enhance our practice.
Simon Levitsky is an associate in Neal & Harwell’s litigation group. His practice focuses on catastrophic personal injury and commercial litigation. He is admitted to practice law in Tennessee, Louisiana, and Texas.
Maria Waters is a paralegal at Neal & Harwell, PLC. She plays a pivotal role in supporting attorneys throughout the litigation process.
Continued Legal Education (CLE)
The NBA is your source for cutting edge, quality continuing education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE
December 13 | Hybrid Seminar
Government Practice Institution (Part 2)
OVERVIEW
Join us for a comprehensive six-hour seminar designed specifically for government attorneys, featuring focused CLE sessions tailored to your needs. This year’s program includes three hours dedicated to ethics, ensuring you stay informed on the latest ethical considerations in government law. Seminar topics will include Employment Law Updates, Ethical Issues Regarding Election & Campaign Finance, and U.S. Supreme Court Updates. In addition to these key topics, the seminar will cover other essential areas relevant to government legal practice. Don't miss this chance to expand your expertise and stay current on critical issues affecting government practice.
Cherrelle Hooper, Tennessee Housing Development Agency
DETAILS
- 5:00pm
December 18 | Virtual Seminar
Master Speaker Series
How to Manage Your Workload & Achieve Digital Detox in an Age of Information Overload: Get Organized, Avoid Ethical Pitfalls & Get Ready for 2025!
OVERVIEW
In today’s fast-paced world, lawyers face constant distractions from technology and information overload - emails, instant messages, documents, social media, phone calls, and numerous interruptions. Research has shown that the top complaint from clients about their lawyers is Rule 1.4 violations - poor communication, which can be eliminated by implementing better processes and learning to use the technology that you have. Join renowned speaker and time management expert Paul Unger in this transformative program, where you’ll learn effective strategies to get organized, cultivate calm, minimize stress, and manage distractions. Discover how to efficiently handle emails, prioritize tasks, and meet deadlines while regaining control over your day and practice. You'll walk away with practical tools and methodologies you can implement immediately to enhance your productivity, improve communication, and meet client deadlines.
PRESENTERS
Paul J. Unger, National Speaker & Author
DETAILS
Pending Accreditation
12:00pm - 1:00pm
Brews for Backpacks | July 24, 2024
26th Annual Carbolic Smoke Ball | August 23, 2024
October 3, 2024
YLD 21st Annual Race Judicata |
October 5, 2024
October 15, 2024
| October 17, 2024
Hearsay | Honors & Awards, On the Move, Firm News
Honors & Awards
GSRM Law is pleased to announce that M. Clark Spoden was appointed by the Tennessee Supreme Court to the position of Reporter for the Tennessee Advisory Commission on the Rules of Practice and Procedure, effective September 1, 2024. Clark is a trial lawyer who practices in the Litigation Section at GSRM Law. He has represented companies in contract, employment, healthcare, environmental, administrative law, construction, business tort, noncompetition, intellectual property, wrongful death, and personal injury cases. He regularly advises clients on HR issues and Tennessee Certificate of Need matters.
Bradley Arant Boult Cummings LLP is pleased to announce that Alé Dalton, a partner in the firm’s Nashville office, is the recipient of Bradley’s 2024 Diversity Leadership Award. Established in 2015, the annual Diversity Leadership Award recognizes a Bradley partner who demonstrates an exceptional commitment to promoting and advancing the firm’s goal of being a diverse and mutually supportive community.
Chambers High Net Worth selected Stites & Harbison, PLLC attorney Gregory D. Smith for inclusion in its 2024 guide in the category of Family/ Matrimonial for USA: Tennessee. He is one of only three attorneys honored for Tennessee. Chambers High Net Worth ranks top lawyers and law firms in the international private wealth market. This is Smith’s fourth time earning the honor. Smith is Chair of the firm’s Domestic Service Group and a Member (Partner) of Stites & Harbison based in the Nashville. He is a family law lawyer whose practice focuses on complex, difficult disputes between spouses
and former spouses. His practice includes sophisticated financial issues such as valuation and distribution of businesses, business assets, real estate, retirement accounts and more; divorce and post-divorce matters involving children; and alimony and other forms of spousal support.
Bradley Arant Boult Cummings LLP is pleased to announce that Christopher C. Puri, counsel in the firm’s Nashville office, has received the Elizabeth Jacobs Distinguished Service Award from AgeWell Middle Tennessee (AgeWell), an organization that champions informed and positive aging and serves as the Middle Tennessee area’s catalyst for collaborative solutions for the elderly. Puri was honored at the 32nd Annual Sage Awards Ceremony & Fundraiser that was held on October 21, 2024.
On the Move
The law firm of Gullett Sanford Robinson & Martin PLLC (GSRM Law) is pleased to announce the addition of Spencer F. Kaul to the firm as an associate attorney. Kaul joins the litigation section where he will concentrate his practice in civil litigation defense. Prior to joining GSRM Law, he served as a judicial law clerk to the late John Everett Williams on the Tennessee Court of Criminal Appeals after earning his law degree from the University of Memphis, Cecil C. Humphreys School of Law and a B.A. from the University of Tennessee. During law school, Kaul served as a Senior Staff Member for the Memphis Law Review and completed externships with U.S. District Judge Mark S. Norris of the Western District of Tennessee and the Shelby County District Attorney’s Office.
Sherrard Roe Voigt & Harbison is
pleased to announce that James L. Catanzaro (Trey) has joined the firm as an associate in its Corporate and Real Estate and Commercial Lending practices. A native of Chattanooga, Catanzaro has returned to Tennessee from Irvine, California, where he practiced at Jones Day in their Real Estate practice group. He earned his law degree from the Ohio State University College of Law, where he graduated magna cum laude, was a member of the Order of the Coif, and Senior Associate Editor of the Ohio State Journal of Criminal Law. He graduated with his Bachelor of Science in Business Administration, cum laude, from the College of Charleston.
Memphis based attorney Andrew Graham , who specializes in family law services, is proud to announce the relocation of his services to Hamer & Taylor in Nashville, Tennessee. Hamer & Taylor is located at 222 2nd Ave S, Suite 1700, Nashville, Tennessee 37201. Graham focuses his law practice exclusively on family law matters, including divorce, custody, alimony, child support, parental relocation and Juvenile Court matters. He was admitted to the Tennessee Bar in 2018 and has practiced exclusively at Taylor, Bean & Hamer since.
The Nashville law firm of Dodson Parker Behm & Capparella, PC, has hired Maddin M. Nelson as an associate attorney. She joins the firm’s employment and litigation practice groups. Prior to joining Dodson Parker Behm & Capparella, Nelson practiced law in Denver, Colorado, where she gained wide-ranging experience in business law and commercial litigation. She regularly prosecuted and defended cases involving securities fraud, oil and gas ventures, trade secrets, and contract disputes. Nelson also worked in insurance defense,
where she represented clients in various state and federal court matters and conducted large-scale, multiparty, pre-litigation investigations.
Satchel Fowler has joined Neal & Harwell, PLC as an associate in the firm's litigation group. Fowler earned his J.D. summa cum laude from University of Kentucky College of Law where he received the CALI Awards for Criminal Law, Law and Economics, Evidence, and Copyright. Prior to joining Neal & Harwell, Fowler served as judicial law clerk for Judge Greg Stivers of the United States Court for the Western District of Kentucky in Bowling Green, Kentucky and Judge Thomas Brothers of the Davidson County Circuit Court in Nashville, Tennessee.
Burr & Forman is pleased to announce attorney Kat Carrington has joined its Nashville office as a Partner in the Transportation, Insurance, and Product Liability Practice Group. Carrington is a trial lawyer with experience in both state and federal courts across the southern U.S. Her practice focuses primarily on product liability litigation, with an emphasis on defending recreational vehicle manufacturers and distributors against claims of complex defect allegations, including those involving recalled products. She manages a diverse array of product liability, personal injury, and commercial litigation cases involving motorcycles, off-road vehicles, motorhomes, automobiles, agricultural equipment, industrial machinery, and medical devices. Additionally, Carrington clerked for the Honorable Rhesa Hawkins Barksdale on the United States Court of Appeals for the Fifth Circuit and routinely handles appellate matters.
Bradley Arant Boult Cummings LLP is pleased to announce that Brian R. Browder has joined as a partner in the
firm’s Healthcare Practice Group in Nashville. For more than 30 years, Browder has served as lead counsel on complex healthcare mergers, acquisitions, divestitures, joint ventures, and private equity investments. He works with a variety of healthcare service providers and has created joint ventures between tax-exempt and investor-owned companies to combine their services and help deliver better care to their patients. His experience has included several high-profile, transformative hospital transactions totaling more than $4.5 billion throughout his career.
Firm News
The law firm of Gullett Sanford Robinson & Martin PLLC (GSRM Law) announced that the firm’s Family Law Section has relocated from 205 23rd Avenue N to the 17th floor of The Pinnacle at Symphony Place at 150 3rd Avenue S in downtown Nashville. When MTR Family Law merged with GSRM Law in January of 2022, the firm made the decision that the Family Law Section stay in its Midtown office until GSRM Law’s lease ended at The Pinnacle at Symphony Place in January of 2025. GSRM Law recently signed a lease extension through January 2027 and believe having all attorneys, employees, and resources in one location will benefit the firm and clients.
Spicer Rudstrom, PLLC is excited to announce the relocation of its Nashville office to a new address. The firm is now welcoming clients, staff, attorneys and other guests to their new offices located at 220 Athens Way, Suite 405, Nashville, Tennessee 37228. A ribbon cutting ceremony was held with the Nashville Area Chamber of Commerce and was followed by a reception where guests, staff and attorneys mingled over brunch refreshments.
Belcher Sykes Harrington, PLLC is pleased to announce that Lindsay R. Chrise has joined the firm, joining associates Katie Garro McCain (who joined the firm in 2021), Joel S. Stampley (who joined the firm in 2022), and Ryan A. T. Mercurio (who joined the firm in 2023). Belcher Sykes Harrington, PLLC primarily represents individuals and small businesses throughout Tennessee in the areas of civil litigation and dispute resolution, business formation and transactions, real estate and timeshare disputes, alcoholic beverage/hospitality and cannabis regulatory law and licensing, and estate planning and probate.
Sherrard Roe Voigt & Harbison, PLC is pleased to announce that Erica S. Gray and John (Jack) C. Webber have joined the firm as associates. Erica Gray joins the firm’s corporate and healthcare law practice groups, focusing on business transactions, corporate governance and operations, and healthcare regulatory and compliance matters. Jack Webber joins the firm’s litigation, construction, and corporate practice groups.
Baker Donelson has added 8 new associates in the Firm’s Nashville Office. This includes Wesley M. Barbee , who practices Intellectual Property, Claire Fox Hodge practicing Complex Litigation and Class Actions, Anna Grade Cole and Dan S. Parks practicing Health Law, Tyler Dove in Corporate, as well as three new litigators that include Amearah Elsamadicy , Mary Maas , and Madison T. Perry n
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