Nashville Bar Journal | April 2011 by Nashville Bar Association

Nashville Bar Journal APRIL 2011 - VOL 11, NO. 3

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180th Anniversary of the Nashville Bar Association

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Nashville Rises Up for Japan Tracy Kane

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LAW DAY LUNCHEON REGISTRATION

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Bill & Philâ&#x20AC;&#x2122;s Gadget of the Month: The Tablet War Bill Ramsey and Phillip Hampton

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Order Your 2011 Directory Online Today: www.nashvillebar.org

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

180th Anniversary of the Nashville Bar Association PAGE 6

April 12, 2011 - 11:30 am L.A.W. Meeting

June 2, 2011 Arts Immersion

April 12, 2011 - 11:30 am CLE Committee Meeting

June 4, 2011 Bill Ramsey's Ode to Otha Block Party

April 13, 2011 - 11:30 am Entertainment Committee Meeting

Nashville Rises Up for Japan PAGE 8

Tracy Kane

April 14, 2011 - 11:30 am Environmental Committee Meeting April 18, 2011 - 11:30 am NALS Meeting

FROM THE PRESIDENT Solos, Small Firms and Mentoring PAGE 2

Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • It's Your Move! Capital Campaign Contributors • Law Day Luncheon • IOLTA Participant Membership • Race Judicata • Golden Oldies _________________________________________________________ 10

April 19, 2011 - 12:00 pm Ethics Committee Meeting April 21, 2011 Law Day Luncheon @ Renaissance Hotel

June 9, 2011 NBA Golf Tournament @ Legends September 22, 2011 NBA Free Member Picnic @ Hall of Fame Park October 4, 2011 Sixth Annual Tennessee Supreme Court Historical Society Dinner @ Hilton Downtown November 5, 2011 NBF Fellows Dinner

APRIL 22 - 29 NBA OFFICES CLOSED FOR MOVE TO ONE NASHVILLE PLACE

Tennessee Stonewall Bar Association Celebrates First Anniversary . of Advocating Diversity and Inclusion in Nashville

Eleanor (Ellie) Wetzel _________________________________________________________ 12 Bill & Phil’s Gadget of the Month: The Tablet War Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

CLE Information - Center Section _________________________________________________________ 14 It's Your Move! _________________________________________________________ 15 Networking Nosh: Sylvan Park Restaurant _________________________________________________________ 16

Book Review: Generation Blend: Managing Across the Technology Age Gap

Kelly Frey _________________________________________________________ 18 Words of Devine Wisdom An interview with immigration attorney Marilyn Devine Yvette Sebelist and Linda Rose _________________________________________________________ 20 LAW DAY LUNCHEON REGISTRATION _________________________________________________________ 22

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory _________________________________________________________ 24 Classified Listings _________________________________________________________

----------------------------------------------------------------------------------------------Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue. ------------------------------------------------------------------------

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

Robert Mendes, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor

FROM THE PRESIDENT

by Bob Mendes

Solos, Small Firms and Mentoring

eleanorwetzel@jis.nashville.org

Journal Staff: Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Nanette Gould Marge Haines Kathleen Henderson Tim Ishii Tracy Kane Rhett Parrish Bill Ramsey Stephanie Reevers Eleanor Wetzel

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 315 Union Street, Suite 800, Nashville, TN 372011401, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy. POSTMASTER: Send address corrections to Nashville Bar Journal, 315 Union Street, Suite 800, Nashville, TN 37201-1401 No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork. All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opionions of the Nashville Bar Association.

Nashville Bar Association 315 Union Street Suite 800 Nashville, TN 37201-1401 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

Nashville Bar Journal - April 2011

Depending on which statistics you read, somewhere between 60% and 70% of lawyers are solo practitioners or practice in small firms. To help serve this group of our members, at the suggestion of Amy Everhart and Matt Potempa, the NBA created a Solo/Small Firm Committee in 2010. Over the last year, this committee has gotten off to a great start. You can learn more about it at http://www.facebook.com/NBASoloCommittee. On March 1, 2011, I had the pleasure of speaking to this committee. To be honest, my involvement in the event started out with me asking for a few minutes to talk to them about the NBA's upcoming move to new office space. Amy and Matt were gracious enough to let me talk about the move and the related fund raising. But, since my practice in Nashville started as a solo, they also asked me to talk about taking a law practice to the next level. Two of the questions they asked me to discuss were: (1) whether I had any advice for young solos and (2) whether there is anything I would do differently if I could. With regard to advice I would offer, my answer first focused on the idea of being excellent in your chosen area of the law. More broadly than that, I suggested that a successful law practice needs to try to make sure that every point of contact it has with the world is excellent (from returning calls, to being courteous with opposing counsel, to the reasonableness of bills, etc.). As to the question regarding what I would have done differently in hindsight, I told the group that I would have sought out mentors earlier and more often in my practice in Nashville. When I started my solo career, it was easy to feel like my questions were much too dumb to merit the attention of more experienced lawyers. Over time, I realized that most lawyers are more than happy to share their experiences and expertise with younger lawyers. Of course, today's young solo practitioners have an additional problem that most other lawyers didn't have to face. That is, with the economic downturn of the last few years, there have been an incredible number of new lawyers that have graduated but who have not been able to find employment. Without jobs waiting for them, many new graduates are hanging out a shingle and starting a solo practice. For this group, my answers fall somewhat flat. For example, how does one become excellent in their chosen practice area if they are starting from scratch? And how does one find mentors when one has little context about what characteristics are good? The best I could do for the group was to suggest patience (because excellence can't happen overnight) and persistence (because excellence can't happen without really wanting it). As for mentors, I suggested that they should be shameless in seeking guidance from others. The rest of us have a responsibility to help young lawyers through these tough times. Even if we don't have jobs to offer, we do have our time and experiences to share – and we should. Let me give you a few examples of lawyers in our community who are trying to help. Hank Hildebrand, the standing Chapter 13 bankruptcy trustee, hosts a monthly meeting where consumer bankruptcy lawyers gather and discuss the issues of the day. Rich McGee hosts a similar monthly meeting for criminal

2011 NBA BOARD OF DIRECTORS

defense lawyers. Also, LAW has a solo/small firm group with a listserv that allows members to ask the group for advice. And, for the past year, the NBA's Solo/Small Firm Committee also has been available as a resource. Each of these groups has seasoned lawyers providing a venue to support the next generation of our profession. Please take a moment and think about ways that you can help mentor other lawyers. If any of you have ideas about ways the NBA can help further facilitate mentoring, please give me a call and let's talk about it. n

Robert J. Mendes, President John D. Kitch, President-Elect Barbara J. Perutelli, First Vice President John J. Griffin Jr., Second Vice President Alisa C. Peters, Secretary William Robert Pope, Treasurer M. Bernadette Welch, Assistant Treasurer Gareth Aden, General Counsel Rebecca C. Blair Robert E. Boston C. Dawn Deaner Charles K. Grant Barbara D. Holmes Michele M. Johnson Hon. Randy Kennedy Patricia Moskal Tracy Shaw Tom Sherrard Hon. Marietta Shipley Emily A. Shouse Michael D. Sontag John R. Tarpley Mandy Haynes Young

Got an Idea for an NBJ Article? We want to hear about the topics and issues readers think should be covered in the magazine. Send it to nikki.gray@nashvillebar.org

Nashville Bar Journal - April 2011

communiqué

NBA NEWS n COMMITTEE INFORMATION

SPECIAL EVENTS

NBA NEWS n COMMITTEE IN

It's Your Move! Capital Campaign Contributors The Nashville Bar Association and Nashville Bar Foundation gratefully acknowledge the following firms and individuals who have so generously donated to our “It’s Your Move” capital campaign (as of March 28, 2011): Visionaries Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bass Berry Sims PLC Leaders Bradley, Arant, Boult, Cummings LLP Miller & Martin PLLC Neal & Harwell, PLC Sherrard & Roe PLC Waller Lansden Dortch & Davis LLP Partners NBA Young Lawyers Division Bone McAllester Norton PLLC Frost Brown Todd LLC Waddey & Patterson, P.C. Walker, Tipps & Malone PLC Sustainers Branstetter, Stranch & Jennings PLLC Burr & Forman Cornelius & Collins, LLP Manier & Herod MGLAW PLLC Supporters Harwell Howard Hyne Gabbert & Manner, P.C. Weatherly McNally & Dixon LPC Contributors Barrett Johnston, LLC Sandra Braber-Grove Leitner Williams Dooley & Napolitan, PLLC Lewis, King, Krieg & Waldrop , P.C. Bob Pope Rothschild & Ausbrooks PLLC White & Reasor PLC Friends William T. Ramsey Law Office of Bart Durham Jack R. Robinson, Sr. Tim L. Bowden W. Scott Sims Dickinson Wright PLLC Bob Walker Tom Lawless Tom White Gareth S. Aden Tom Wiseman Gail Vaughn Ashworth Edward M. Yarbrough Lee Barfield John D. Kitch Steve Cobb Robert J. Mendes Jonathan Cole Alisa Childers Peters Lew Conner The Mediation Group of Tennessee, LLC Frank Grace Emily A. Shouse William L. Harbison Mandy Haynes and Stephen Young Aubrey B. Harwell, Jr. Mitch Grissim Trey Harwell Mary A. Parker of Parker & Crofford Hon. Thomas Higgins Elizabeth Tipping Paul Ney Gigi Woodruff Thomas H. Peebles III Associates

Hughes & Coleman Kay, Griffin, Enkema & Colbert, PLLC Sheree Wright Garfinkle, McLemore & Young, PLLC Hon. Lew Conner Jim Higgins Anne L. Russell James (J.O.) Bass C. Dewees Berry IV John J. Hollins, Sr. Wilson Sims Charles H. Warfield Tracy Shaw Shirley Clay Harris, Martin & Jones, P.A. Hon. Frank Clement

Nashville Bar Journal - April 2011

Please join us for our annual Law Day Luncheon on April 21, 2011 at the Downtown Renaissance Hotel. Resistance leader and patriot, advocate and diplomat, constitutional theorist and political activist, John Adams became our nation's first lawyer-president in 1797. Just five years before the American Revolutionary War began, he represented the British officer and soldiers charged with firing into a crowd of protestors and killing five civilians in the "Boston Massacre." His role in the 1770 Boston Massacre trials has come to be seen as a lawyerly exemplar of adherence to the rule of law and defense of the rights of the accused, even in cases when advocates may represent unpopular clients and become involved in matters that generate public controversy. Our speaker will be Philip Langford the Director of Operations, Africa for International Justice Mission. IJM is a human rights agency that secures justice for victims of slavery, sexual exploitation and other forms of violent oppression. IJM lawyers, investigators and aftercare professionals work with local governments to ensure victim rescue, to prosecute perpetrators and to strengthen public justice systems. REGISTER ON PAGE 20 OR ONLINE AT WWW.NASHVILLEBAR.ORG

IOLTA Participant Membership in TBF In an effort to identify a representative body of “Participant” membership, the Tennessee Bar Foundation Board of Trustees announces the following opportunity: Any lawyer licensed in Tennessee who participates in the IOLTA (Interest On Lawyers’ Trust Accounts) program, whether as an individual or as a member (principal, employee, or other member) of a law firm, and who is not currently a Fellow of the Foundation, is eligible to serve as a voting “Participant” member of the Foundation. To enroll as a “Participant” member and for more information, visit the Foundation’s website at www.tnbarfoundation.org.

-Golden Oldies-

180 Club

Tina R. Ashford James L. Bass Susan W. Blair Robert Boston Charles W. Cagle Wendy Cozby Traci Hollandsworth Lynda F. Jones Mary Frances Lyle Malinda Moseley Marc Overlock M. Bernadette Welch Fellows Helen S. Rogers Nikki Gray Judy Phillips

Larry D. Ashworth of Ashworth & Ashworth was the first to correctly identified the individuals in the March Golden Oldies photo. Pictured are: John Conners, R.B. Parker and Tom Carlton.

NFORMATION

SPECIAL EVENTS

NBA NEWS n COMMITTEE INFORMATION

SPECIAL EVENTS

NBA NEWS n COMMITTEE INFORMATION

2011 Land Rover Race Judicata Celebrating its eighth year of fun and run, the YLD’s LAND ROVER RACE JUDICATA was another great success. On a beautiful February morning, about 500 race participants battled the hills of Percy Warner Park on the demanding 5K and 10K courses (Heartbreak Hill included). Some folks even ran both the 5K and the 10K! The event raised thousands of dollars for FiftyForward and the Unmet Needs Committee. Since money is still coming in, final details on the amount are forthcoming. FiftyForward is the leading resource for adults 50+ in Middle Tennessee who seek to live longer, more fulfilling lives. FiftyForward provides educational, wellness, arts, music, and travel programs, as well as independent living assistance and volunteer opportunities. The Unmet Needs Committee is a working committee of Nashville's Long Term Recovery Committee, and is responsible for coordinating the distribution of resources to flood victims and other victims of disaster who are in need. RACE VOLUNTEERS The races would not have been possible without the assistance of the numerous volunteers, who gave up their Saturday morning to make this event a success. Thanks to all! A special thank you goes to the Land Rover Race Judicata Committee members: Becca Brinkley, Co-Chair; Will Parsons, Co-Chair, Audrey Taylor, Patrick Cooper, Russell Taber, Kyle Neal and Josh Phillips, as well as volunteers including Justin McNaughten, Erin Palmer Polly, Josh Helton, Robb Bigelow, Liz Tipping, Brian Neal, Mike Gardner, Steven Connor, Sara Reynolds, Ryan Levy, Lymari Cromwell, Matt Moushon, Timothy Bishop, Russell Belk, and Brian Iverson. TO THE VICTOR BELONG THE SPOILS After a little friendly competition among our bar members to win the much anticipated team competition among the law firms, Bass, Berry & Sims, PLC, a.k.a. “Back & Beyond Speedy,” prevailed as the victor for the second year in row. Congrats to Meredith Edwards, Brad Wood, and Riney Green, the members of the team. The gavels for this year’s fastest lawyers for the 5K race go to Sharon Ruiz and Brad Wood (this makes two years in a row for Brad). The fastest lawyers in the 10K race were Trey Harwell and Mary Taylor Gallagher. Congrats! SPONSORS We are grateful to all of our sponsors: Waller Lansden Dortch & Davis; Neal & Harwell; Gullet Sanford Robinson & Martin; Riley Warnock & Jacobson; Crosslin & Associates; Dickinson Wright; Walker, Tipps & Malone; Hall Booth Smith & Slover; Burr & Forman; Bradley Arant Boult Cummings; Stites & Harbison; Baker Donelson Bearman Caldwell & Berkowitz; Tune Entrekin & White; Lewis King Kreieg & Waldrop; Westlaw; Wiseman Ashworth Law Group; Harwell, Hyne, Gabbert & Manner; Rocky McElhaney Law Firm; Sherrard & Roe; Logic Force; Special Counsel; Counsel on Call; Trey Harwell; Document Solutions; Waddey & Patterson; Brentwood Court Reporting Service; Bass, Berry & Sims; Frost Brown & Todd; Kroger; Smoothie King; Kraft CPAs; Crystal Springs Water; Fleet Feet Sports; ProMed EMS; Ryder Trucks; and The City Paper. We are especially thankful for our title sponsor, Land Rover Nashville, for its generosity and continued support of the race. Check out the race results and photos online at www.nashvillestriders.com. Nashville Bar Journal - April 2011

180th ANNIVERSARY OF THE NASHVILLE BAR ASSOCIATION

In the fall of 1779, a group of men lead by James Robertson left the Wautauga settlement in North Carolina and made their way overland to the site on the Cumberland River where Nashville now stands. Some 50 years later the earliest evidence of an organization of Nashville Lawyers is recorded. The letter, written to the members of the Wilson County bar, reads: Dear Sirs: The undersigned Corresponding Committee of the “Nashville Bar Association,” wish their brethren in your County to be informed, that the members of the bar of this County have united themselves in a Society, and have appointed a committee, to report, on the 30th instant, rules and regulations for their government. The objects are not at all connected with any local interests, or with party politics — they desire to promote the respectability of their profession, to increase their legal and literary attainments, and , as far as is their power, to secure the adoption of a system of laws commensurate with the wants of the people of this State. It is not intended to interfere in any manner with the rates of compensation or fees demanded by clients, leaving these matters to be regulated as heretofore by statute, and by contract. It is an ancient custom, the good results of which are sanctioned by experience, for those who exercise the liberal profession to unite themselves as a fraternity, and adopt such rules as are best fitted to secure their honor and usefulness. This custom, it is believed, has been followed by members of the bar in almost every State of our Union; and there are many reasons why similar associations should be formed in this State. Defects exist in our laws which require only to be known in order to be remedied, and by having some general means of communications between members of the profession residing in different parts of the State, such defects would soon be pointed out, universally acknowledges, and immediately corrected by the Legislature. It is also certain, that the present situations of the Supreme 6

Nashville Bar Journal - April 2011

Court of Errors and Appeals will require the interposition of the Legislature at their next session, to be exercised either by increasing the number of the judges of that Court, or some other mode which will enable suitors to have their causes heard and decided. The importance, not only to suitors but to the people at large, of a speedy and yet well considered decision of the causes in that tribunal, and of the publication of those decision with as much regularity as those of the statute laws of the country, must be admitted by every reelecting mind. Without any improper interference on the part of our profession, or an intention to dictate to the wisdom of our legislators, such suggestions as the united members of the bar could agree upon, would certainly be entitled to some weight, and probably be attended with benefit to the people. These are some of the considerations which have induced the formation of our Society, and it is earnestly desired that you would cooperate with us in our views. Should there not be a sufficient number of members of the bar in your county to form a Society, it would not be difficult for you to unite with your brethren of one or two neighboring Counties. When our regulations are adopted, which will be at the adjourned meeting to be held on the 30th instant, we will forward you a copy, and we shall be happy to receive any suggestions or information that you will communicate to us. We are respectfully, Your Friends and Brethren, Ephriam W. Foster William T. Brown H.A. Rutledge E.A. Collinsworth J.T. Yerger Thos. H. Fletcher

PHOTO IDENTIFICATION ON PAGE 17

When we survey the comings and goings of Nashville Lawyers over the years, it becomes quite a remarkable story - a little scandal here and there, but mainly a story of public service, service to clients, a story of building and nurturing a community. The Nashville Bar has contributed two Presidents of the United States, Andrew Jackson and James K. Polk, and many senators, congressmen, governors, and state legislators. And, we can be proud of the fact that the Nashville Bar produced the first elected African-American member of the Supreme Court, A.A. Birch, and the first elected female member, Martha Craig Daughtrey who serves on the Sixth Circuit.

There are many such great lawyers at the Nashville Bar today â&#x20AC;&#x201D; astute, skeptical, learned in the law, keen observers of human history, often colorful, always articulate, sometimes eloquent. The basic purpose of these great lawyers is not only to make a living out of the practice of law, but to make a difference in the lives of their clients, and in the life of the community and the state and union in which they serve the law. In our confusing, complex and cynical time, one simple truth still remains constant. It is our anchor: In the preamble to the Constitution, in the very first sentence, the words "to establish justice" are still listed before everything else as

the first order of business for our country and our profession. Our association has had a rich history and certainly come a long way since it incorporation, but we still hold strong to the ideals and traditions of the early founders. n The information contained in this article was excerpted from the wonderful book of Nashville legal history, Bench & Bar II by David Rutherford (available at the NBA Office). Special mention must be given to Hon. Gilbert S. Merritt, whose words from the 1996 Law Day Luncheon are quoted here as well. --------------------------------------------------------------Historical Trivia:

What is the oldest continuously practicing family law group in Nashville? Answer will appear in the May issue of the NBJ

Nashville Bar Journal - April 2011

FEATURE

Nashville Rises Up for Japan by:

Tracy Kane

Blizzards, earthquakes, fires, floods, volcanoes, and tsunamis. The past fifteen months seem to have devastated much of the globe whether in Chile, Haiti, Iceland, New Zealand, Pakistan, and Russia not to mention Nashville and, now, Japan. This list does not even include the many man-made disasters, wars and revolutions over the same period. You might think that we would all be suffering from compassion fatigue or accepting these events as a new kind of normal, but you donâ&#x20AC;&#x2122;t, at least not in Nashville. Instead, in the face of the devastation unfolding in Japan you see a community rushing to gather resources and funds. You hear people sharing their personal stories of connection with Japan â&#x20AC;&#x201C; stories about generosity, help from a stranger or making long lost connections. The previously scheduled Cherry Blossom Festival, organized to celebrate the friendship between Tennessee and Japan, was quickly recast as the Cherry Blossom Japan Relief Event and Solidarity Walk. The Tennessee Tomodachi Fund (tomodachi means friendship in Japanese) was established in less than a week with dozens of individuals and local businesses donating to it. Those in the music and television industry responded by creating public service announcements to encourage giving to the American

Nashville Bar Journal - April 2011

Red Cross for Japan relief. It is as though to many Nashvillians the devastation in Japan thousands of miles away feels as if it happened to a neighbor, a neighbor who just happens to live half a world away. That neighborly feeling was formed over the decades as Japanese businesses brought their firms to Middle Tennessee. They brought their families and became invested themselves in the success of our region. We are now one extended family feeling the pain, grief and fear for friends and loved ones. The economic and cultural ties between Middle Tennessee and Japan have been strong for more than thirty years. Japan is Tennesseeâ&#x20AC;&#x2122;s fourth largest trading partner only behind Canada, Mexico, and China. In 2010 alone, Tennessee exported $1.3 billion worth of goods and services to Japan, an amount that has been increasing for the past five years.1 According to the Tennessee Department of Economic and Community Development, there are over 160 Japanese companies with more than $13 billion total investments in Tennessee and that

employ approximately 41,168 Tennesseans. These investments make Japan the largest foreign investor nation in Tennessee. Beyond business, there are many cultural, academic and strategic exchanges that regularly take place with our museums, art galleries, educational institutions, and governmental organs. The importance of the Tennessee-Japan relationship was perhaps most evident in 2008, when the Japanese government decided to move its ConsulateGeneral for the Southern U.S. region from New Orleans to Nashville, the first for Nashville, and passing over Atlanta and other great Southern cities in doing so. These are just some of the tangible, more obvious connections between Tennessee and Japan, but it does not begin to capture the affection so many Middle Tennesseans feel for a country that is both geographically and culturally far away from us. The Nashville Bar Association, with its active Sister Cities Committee, has long understood and embraced the idea that personal connection and friendship create bonds that are stronger than political winds. Sister Cities of Nashville, a nonprofit organization, develops city partnerships and promotes peace through mutual understanding and respect that results from educational, cultural, professional and civic exchanges among individuals in Nashville and our Sister Cities. In the past few years, with the cooperation of the Mayorâ&#x20AC;&#x2122;s office, the Consul General of Japan, area businesses and non-profits, Sister Cities of Nashville has seen a new friendship blossom with the city of Kamakura in Japan.

It took amazing foresight and courage to not only learn the lessons of World War I â&#x20AC;&#x201C; that penalizing and marginalizing the vanquished only produced more conflict (a lesson we might try to remember today), but to implement new policies after World War II, including Sister Cities programs, that would make new friends of our old enemies. Certainly the people of both Tennessee and Japan have prospered because of it. While relations between our two countries became somewhat strained over the past decade over strategic alliances, military installations, financial policies, etc., relations between Tennessee and Japan flourished because of the individual relationships that exist. Now, during these times of hardship and distress, the bonds of friendship provide hope and comfort whether through personal messages or financial support. The people of Tennessee, despite having been through our own devastating flood less than a year ago, have given generously to help the Japanese people. In the face of such devastating force, it is perhaps consolation to know that friendship is also a powerful force. n

The Tennessee Tomodachi Fund Established by the Japan-American Society of Tennessee for Earthquake and Tsunami Relief. 100% of donations received will be directed to relief agencies inside Japan. Donations may be made online at www.jastn.com. Donations may also be made at any First Tennessee Bank. Contributions will be directed in full, without bank processing fees, to the Tennessee Tomodachi Fund through a special account. 100% of donations received will then be directed in a timely manner by JAST to relief efforts implemented by recognized and reputable Japanese relief organizations engaged in the affected areas now and during the process of recovery ahead.

Tracy Kane is an attorney with Dodson, Parker, Behm & Capparella, PC, specializing in estate planning and business law. She is a graduate of Vanderbilt University Law School and former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals. She is currently the President of the Sister Cites of Nashville Board

(Endnotes) 1

U.S. Census Bureau, U.S. International Trade Data.

Nashville Bar Journal - April 2011

FEATURE

The Tennessee Stonewall Bar Association is for LGBT legal professionals and their supporters, including straight allies in the bar. Ellie Wetzel met with Stonewall Bar Association founding member Sam Felker to learn more about the association and its programming. SBA Feb. 23 program with Rev. Susan Russell, Lambda Legal Director Jon Davidson, and moderator Dr. Ellen Armour

Tennessee Stonewall Bar Association Celebrates First Anniversary of Advocating Diversity and Inclusion in Nashville by:

Eleanor (Ellie) Wetzel

Although Nashville is a progressive city that even has a LGBT (Lesbian, Gay, Bisexual, and Transgendered) Chamber of Commerce (founded about ten years ago)1, about a year ago several local attorneys observed how the city was devoid of an organization serving the LGBT legal community. Thus, in early 2010, a group of five or so attorneys informally met to create an association advocating diversity and inclusion. After determining there was enough interest and need for a LGBT bar association, the Tennessee Stonewall Bar Association (SBA) was incorporated on April 30, 2010. For Tennesseans, the name “Stonewall” generally conjures up images of Confederate general Stonewall Jackson, but Sam Felker, a founding member and incorporator of the SBA, states that the Nashville group’s name was inspired by the Stonewall Bar Association of Georgia, who he had seen marching at the Atlanta Pride Parade. After speaking with several members of that group, Felker and several of his professional colleagues decided that Nashville needed such an organization. The name of the Atlanta and Nashville Stonewall Bar Associations, as well as others around the U.S., pay tribute to the New York Stonewall Riots of 1969, which are frequently cited as the beginning of the American gay rights movement. In fact, these riots were initiated at a bar (as in drinking establishment) that is still in operation called the Stonewall Inn.2 SBA was not formed for rioting or drinking, but its founders have big plans in mind. 10

Nashville Bar Journal - April 2011

Although the Nashville SBA has only officially been in existence just one year at the end of this month, its mailing list consists of over 100 individuals who have expressed interest and the association has approximately 30 active members participating in its meetings and events. Currently, the SBA is in the process of affiliating with the national LGBT Bar Association, which has hundreds of members throughout the United States.3 The SBA emphasizes inclusivity for anyone involved in the legal community—whether as an attorney, paralegal or other legal professional, law student, etc.—and membership includes of some of Nashville’s most prestigious gay and lesbian lawyers as well as straight supporters of the LGBT community—its “straight allies.” This diversity is represented by the Board of Directors, which is formed of partners from some of the city’s largest law firms, an in-house counsel, a Vanderbilt law professor, and a paralegal. The SBA meets every other month with the meeting location generally rotating among the SBA’s large law firm supporters: Bass Berry & Sims, Waller Lansden Dortch & Davis, Baker Donelson Bearman Caldwell & Berkowitz, Lieff Cabraser, and Miller & Martin. One of Felker’s goals is for the

SBA to host two major events annually: one for the community and one for the association’s members. Programming during the first year exceeded all expectations, primarily because other groups and organizations reached out to SBA with interesting and timely program ideas. For example, last September, SBA members participated in a luncheon hosted at Bass Berry & Sims where Assistant Attorney General Thomas Perez, head of the Civil Rights Division of the Department of Justice, discussed equality issues. The American Constitution Society co-hosted the event with SBA. On another occasion, SBA members were able to hear from Kelly M. Dermody, a partner at Lieff Cabraser’s San Francisco office who had clerked for Judge John T. Nixon. Ms. Dermody, who for many years has advocated for LGBT diversity in the San Francisco bar, complimented SBA on its vision and early success. Then, on February 23rd, the SBA cohosted with Vanderbilt Law School’s OUTLaw and the Divinity School’s GABLE groups a program titled “Dialogues in Law and Religion: The Future of Gay Marriage.” Hundreds of students and professionals convened to hear a dialogue between activists Jon Davidson (Law Director of Lambda Legal in Los Angeles) and Reverend Susan Russell (Senior Pastor at All Saints Episcopal Church in Pasadena), moderated by Dr. Ellen Armour of the Vanderbilt Divinity School. Felker said this program exemplifies the type of contribution SBA hopes to make to the legal community on an annual basis.

and the ACLU have asked SBA to assist in that effort. While such pro bono services will be offered year round, SBA will kick off its pro bono initiative with a Legal Clinic that will be held in conjunction with Nashville’s Pride Festival in June.4

Stonewall Bar Association Board of Directors Carla Fenswick, a partner and real estate specialist at Waller Lansden Sam Felker, a partner and litigator at Bass Berry & Sims Brian Jackson, a partner and litigator at Miller & Martin Maria Salas, a bankruptcy practitioner at Salas Law Group James Schmidt, a senior public policy advisor at Baker Donelson

SBA founder Sam Felker said that he Jeanna Clark, a paralegal at Waller Lansden has been “encouraged by the overBrian Fitzpatrick, whelming support a professor at Vanderbilt University Law School and interest from William Brewer, the legal commuin-house counsel at Cat Financial nity, especially our ‘straight allies’ in Jennifer Weaver, the bar,” noting a partner and litigator at Waller Lansden that it has been affirming to see members from all parts of the legal (Endnotes) community from Metro and State government to the largest firms participating 1 Nashville GLBT Chamber of Commerce, http:// nashvilleglbtchamber.com. in the SBA. The next SBA meeting will be Tuesday, May 10th at 6:00 p.m. at Waller Lansden. Any member of the legal profession who supports LGBT equality may attend. More information is available on the SBA’s new website at www.tnstonewallbar.org. n

2 The Stonewall Inn bar is still in operation in New York City. More about the establishment is available at http://en.wikipedia.org/wiki/Stonewall_riots and http://en.wikipedia.org/wiki/Stonewall_Inn. 3 The National LGBT Bar Association, http://www. lgbtbar.org.

Nashville Pride, http://nashvillepride.org.

Eleanor (Ellie) Wetzel serves as the Managing Editor of the NBJ. She is licensed to practice law in Indiana and Tennessee.

In addition to event programming, the SBA will serve as a pro bono resource for cases and disputes related to LGBT issues in Tennessee. Lambda Legal

Nashville Bar Journal - April 2011

BILL AND PHIL’S GADGET OF THE MONTH CLUB By: Bill Ramsey of Neal & Harwell, PLC and Phillip Hampton of LogicForce Consulting

The Tablet War Is 2011 going to be the year of the tablet PC? It sure looks like it. Everywhere you look there is a new tablet coming on the market…all chasing Apple's wildly popular iPad which debuted last year. We hate to be techno know-it-alls, but this whole tablet rage is nothing new to us. We distinctly remember buying and trying out a Toshiba tablet PC back in 2005. It was a great little device, but the tablet fever never caught on back then like the industry hoped it would. How things have changed now. According to Apple's quarterly reports for 2010, the company sold over 14 million iPads last year. The industry has taken notice. So what is shaping up is an all-out tablet PC war between the major electronics firms. The consumer can sit back, enjoy the show, and choose the product that best fits their needs and price point. Apple, of course, still leads the pack; and with the release of the iPad2 on March 11, they have set the bar even higher. The iPad2 is often referred to as "sleeker" and "thinner" than its still barely oneyear-old predecessor. While the touch screen display is basically the same as the original unit, Apple has added a beefier processor, more memory, and front- and rear-facing cameras (a major oversight for the original). We loved the iPad and we love the iPad2 even more. Currently, you can buy both a WiFi version (no data contract needed) or a 3G version (4G is not yet supported). Quite honestly, with the hotspot capabilities on most new smartphones today, it seems redundant to us to get the 3G/4G version of any tablet. Tablet makers who do not have a WiFi version available are missing the boat in our opinion. Apple's closedminded approach to playing with the rest of the computing world is still one of the shortfalls for their products. For example, the iPad2 still doesn't support Adobe Flash, nor is a standard USB-port anywhere to be found. So if you have an iPad and want to upgrade, or you are just dipping your toe into the tablet waters, the iPad2 is definitely your first stop to shop. But we wouldn't decide just yet until you consider the other alternatives. 12

Nashville Bar Journal - April 2011

Google is the other 300-lb gorilla in the tablet wars with their tablet-optimized Android 3.0 operating system, dubbed Honeycomb. Motorola recently introduced the Xoom as its flagship Androidbased tablet (you may have seen the commercials if you have watched at least 5 minutes of television in the past month). For starters, you will notice that the Xoom display screen is larger than the iPad at 10.1 inches. It has a dual-core processor and 1GB of memory (twice the amount found on the iPad) as well as the requisite front- and rearfacing cameras. While the number of Android-based apps, for now, is less than the number of iPad/iPhone apps, we clearly expect this ratio to reach equilibrium even as Android-based smartphones surge into the lead as the most popular operating system platform on the market. Motorola has promised that Xoom will support Adobe Flash and will be capable of 4G support in the near future. Finally the Xoom has both Micro USB and mini HDMI ports to connect the tablet to other peripherals (YES!). We love the Android OS (as most consumers are beginning to warm to it as well) and think that this Android-based tablet is a worthy competitor to the iPad. The biggest concern for the Xoom is the price which does not compete well with the lower-end iPad. Samsung was quick out of the gate with an iPad competitor in late 2010 with its Android-based Galaxy Tab. The idea was to offer a smaller, lesser expensive alternative to the iPad. The Galaxy Tab's 7-inch display (to the iPad's 9.7inch display), however, made it a slightly awkward choice for consumers. Was it a small tablet or a large smartphone? Samsung gave up on the "smaller is better" approach and is following up with the new, improved, larger Galaxy Tab 10.1 (Galaxy Tab 2), which is slated to be released in the U.S. very soon. Like the Xoom, the new Galaxy Tab will run the Android 3.0 operating system and will support 4G and Flash out of the gate. We're waiting to get our hands on this unit as Samsung absolutely dazzled us with their innovations at CES in January.

Research In Motion (RIM) has long been in the pockets of legal professionals (literally) in the form of their popular Blackberry devices; and it was just a matter of time until they jumped into the tablet war. We saw a prototype of this tablet, dubbed Blackberry Playbook, at CES and we're still waiting for the official release date. The Playbook has a smaller, 7-inch display (more portable? you decide). It will run an operating system developed by RIM called Blackberry Tablet OS. The nice feature is that it will not only run Blackberry apps but Android-based apps as well. We look for the Playbook to begin showing up in local office supply store chains before the end of April. Hewlett Packard has introduced its contestant in the tablet wars with a device that has probably the least imaginative name, the HP TouchPad. Ok, so maybe HP doesn't win any awards for naming pizzazz and flair, but the company does know how to build computers (and printers). The 9.7-inch HP TouchPad has the same size as the iPad and runs yet another tablet-optimized operating system, HP's WebOS. WebOS, which was developed by Palm, which was bought by HP, is actually a very good operating system if somewhat unheralded. The scarcity of apps for this platform is bound to be detrimental to the TouchPad's adoption. Nonetheless, HP is promoting the heck out of this unit (did you watch the Grammy's?). They promise a WiFi-only version this summer and both 3G and 4G-capable devices soon. So if your head is spinning from all the tablet choices on the market, stick around. We promise it will only get crazier. Newer and fancier models are coming online soon. Tablet sales are exploding so much in fact that analysts are saying that traditional laptop sales are dropping significantly. We were way ahead of our time with our little tablet back in aught-five…we knew the industry would catch up to us sooner or later. See you next month, Bill & Phil

100% CLUB

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that enroll 100% of their Nashville attorneys as members of the NBA. Contact Vicki Shoulders at 615-242-9272 or vicki. shoulders@nashvillebar.org. Firms, law departments and legal organizations that join this Bar year will be recognized as such throughout the year.

CONGRATULATIONS & THANKS TO THE FOLLOWING 100% CLUB MEMBERS:

Waller Lansden Dortch & Davis, LLP (166) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (87) Miller & Martin PLLC (57) Bone McAllester Norton PLLC (32) Harwell Howard Hyne Gabbert & Manner, P.C. (31) Neal & Harwell, PLC (30) Manier & Herod, P.C. (28) Lewis, King, Krieg & Waldrop , P.C. (28) Sherrard & Roe, PLC (27) Adams and Reese LLP (27) Gullett, Sanford, Robinson & Martin, PLLC (26) Leitner, Williams, Dooley & Napolitan, PLLC (21) Riley Warnock & Jacobson, PLC (20) Ortale, Kelley, Herbert & Crawford (20) Cornelius & Collins, LLP (18) Walker, Tipps & Malone, PLC (17) Waddey & Patterson (15) Frost Brown Todd LLC (15) Tune, Entrekin & White, P.C. (14) Lassiter, Tidwell, Davis, Keller & Hogan, PLLC (14) Hughes & Coleman (14) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (14) Smith Cashion & Orr, PLC (13) Ogletree, Deakins, Nash, Smoak & Stewart (13) Branstetter, Stranch & Jennings, PLLC (13) White & Reasor, PLC (12) Watkins & McNeilly, PLLC (11) Parker, Lawrence, Cantrell & Smith (11) Dollar General Corporation (11) Burr & Forman LLP (11) Levine, Orr & Geracioti (10) Kay, Griffin, Enkema, & Colbert, PLLC (10) Drescher & Sharp, P.C. (10) Corrections Corporation of America (10) Taylor, Pigue, Marchetti & Mink PLLC (9) Spicer Rudstrom, PLLC (8) Schulman, LeRoy & Bennett, P.C. (8) Rudy, Wood , Winstead & Williams PLLC (8) Hall, Booth, Smith & Slover, P.C. (8) Farris Mathews Bobango, PLC (8) Reno & Cavanaugh PLLC (7) Morgan & Akins, PLLC (7) MGLAW, PLLC (7) Loeb & Loeb, LLP (7)

Hollins, Raybin & Weissman, P.C. (7) Dodson Parker Behm & Capparella, P.C. (7) Buffaloe & Associates, PLC (7) Willis & Knight, PLC (6) Shackelford, Zumwalt, Hayes, LLP (6) Robinson, Reagan & Young, PLLC (6) Leader, Bulso & Nolan, PLC (6) Evans, Jones & Reynolds, P.C. (6) American General Life & Accident Ins. Co. (6) Trauger & Tuke (5) Luna Law Group, PLLC (5) Kroll, Inc. (5) Kinnard, Clayton & Beveridge (5) Jones Hawkins & Farmer, PLC (5) Holton Blackstone & Mayberry, P.C. (5) Haynes, Freeman & Bracey, PLC (5) Bridgestone Americas Tire Operations, LLC (5) Barrett Johnston, LLC (5) Todd, Floyd & Hammet, PLC (4) Thrailkill, Harris, Wood & Boswell, PLC (4) Rutherford & DeMarco (4) Moses Townsend & Russ, PLLC (4) McCune, Zenner, & Happell, PLLC (4) Lowery, Lowery & Cherry, PLLC (4) Lieff, Cabraser, Heimann & Bernstein (4) Law Offices of John Day, P.C. (4) Howard & Mobley , PLLC (4) Hale & Hale, PLC (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) White & Rhodes, P.C. (3) Weatherly, McNally & Dixon, PLC (3) Tennessee Justice Center (3) Rothschild & Ausbrooks, PLLC (3) Rogers, Kamm & Shea (3) Puryear Law Group (3) Norris & Norris, PLC (3) Mudter & Patterson (3) Moseley & Moseley, Attorneys at Law (3) May & Ryan, PLC (3) Marlowe Law Offices, PLLC (3) Lindsey + Sawyer, PLLC (3) Larry R. Williams, PLLC (3) Kennedy & Brown, PLLC (3) IASIS Healthcare LLC (3) Hix & Gray, PLC (3) Grissim & Hodges (3) Glasgow & Veazey (3) Garfinkle, McLemore & Young, PLLC (3) Equitus Law Alliance, PLLC (3) EMI Christian Music Group, Inc. (3) Corbett Crockett (3) Comdata Corporation (3) Cheadle & Cheadle (3) Barry Gammons, Attorney at Law (3) Baker, Campbell & Parsons (3)

Nashville Bar Journal - April 2011

IT’S YOUR MOVE! Construction of the new Nashville Bar Association and Foundation headquarters is underway! This is the first time in our 180 year history that the NBA has embarked on a capital campaign, and we are thrilled to report that, with the generous support of the following Nashville law firms and individuals, we have raised 96% of our $475,000 capital campaign goal. Full list of donors is on page 3. You Can Help In order to reach our goal and realize our dream of building a better bar for our members, we need everyone’s help. Your support of this campaign will help the Nashville Bar Association keep pace with the changing face of the legal profession and continue to provide you with high quality services and top notch facilities that will allow the NBA to maintain its leadership position among metro bar associations across the country. You can support the It’s Your Move Capital Campaign in a variety of ways—your donation of $1,500 or higher can be made over three years; a donation of $180 entitles you to become a member of the “180 Club” and receive a commemorative pin; or you may wish to honor a living friend or relative or perpetuate the memory of a loved one in a tangible fashion by purchasing a wall tile to be displayed on the NBA/NBF Tribute and Memorial Wall. In addition to recognition in the Nashville Bar Journal and the NBA’s web site, a Donor Recognition Wall and Donor Recognition Plaques will be prominently displayed at the new Bar Headquarters. This is a very exciting time for all of us, and we hope you will be a part of our journey. To make a donation, please complete and mail the form below or visit us at: http://www.nashvillebar.org/ ItsYourMove.html to submit an online contribution.

To view our progress, follow us on Facebook or visit us online at: http://www.nashvillebar.org/ItsYourMove.html Donations and commitments received as of March 28, 2011.

GIFT FORM

Name:___________________________________________________________________________________________________________ Address:_________________________________________________________________________________________________________ Contact Name: ___________________________________________________________________________________________________ Phone: ________________________ Email:__________________________________________________________________________ CONTRIBUTION INFORMATION o My firm/I would like to make gift of $______________ PAYMENT INFORMATION o Enclosed is a check for the full amount. (Amounts $1,500 and over can be paid in 3 annual installments.) o My firm/I pledge to pay the above amount in three equal annual installments beginning on _______________ (date). o The first pledge payment in the amount of $_____________ is enclosed. GIFT ACKNOWLEDGEMENT The acknowledgement and subsequent listing of my firm’s gift should appear as (please print clearly) ___________________ o My firm/I prefer that our/my contribution and name be kept confidential. Signature: _______________________________________________________ _ Date: ______________________

Thank you for your gift. We are most grateful for your support! Checks may be made to either Nashville Bar Association or Nashville Bar Foundation. Gifts may be tax deductible as a business expense or charitable contribution. Please contact your tax advisor. Please mail your check to: Nashville Bar Association, 315 Union Street, 8th Floor, Nashville, TN 37201.

Nashville Bar Journal - April 2011

The Networking Nosh Sylvan Park Restaurant 4502 Murphy Road Nashville, TN 37209 (615) 292-9275

3 Panel Nosh Verdict for:

Sylvan Park Restaurant

Do you ever wake up feeling a little overwhelmed by the rat race and long for a milder, less technologically challenging way to start your day? If so, you will savor the homespun atmosphere of Sylvan Park Restaurant. The little cottage diner has withstood the test of time on a busy corner in one of Nashville’s most dynamic neighborhoods. While SPR has seen many restaurants and vendors come and go over the years, it keeps filling the seats, particularly at lunch time. Not much has changed in this little spot, including the décor, but this mainstay meat-n-three showed us this summer that everyone likes a little change now and again by opening for breakfast Wednesdays through Saturdays, from 6:30 – 10:30 a.m.

in town, but the biscuits were fluffy and buttery and the milk gravy (despite my preference for sausage gravy) held the right viscosity to do its job well.

There is nothing flashy here. This southern diner sticks to the basics like a duck on a June bug. You’ve got a choice of egg, bacon, sausage, grits, and biscuits and gravy; you might find a fruit cup if you look hard enough. There’s not much more, but nothing less. The highlight, other than a perfectly gooey over-medium egg, was probably the biscuits and gravy. They are not necessarily the best

SPR has a second location, Sylvan Park Melrose, at 330 Franklin Road (8th Avenue), Nashville, Tennessee, 37201, (615) 269-9716 n

Your noshers found the service friendly, but not terribly attentive to refills, which was a little disheartening given that we didn’t have much competition in the dining room (we were the sole diners for most of our meal). Overall, we would recommend this as a quick and no nonsense breakfast place if you’re on the west side of town and looking for a little side of country with your coffee. We also hear good things about their lunch menu (think: fried catfish, creamed cauliflower, fried corn, stewed apples and coconut pie).

Food pp Service pp Atmosphere/Experience pp Networking Factor ppp Overall pp

Scoring:

No Comment O (nolo contendere) Acceptable p (1 star) Good pp (2 stars) Very Good ppp (3 stars) Excellent pppp (4 stars) Outstanding ppppp (5 stars)

NBJ Nosh Panel Judges: Caldwell Collins, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Tracy Kane, Law Clerk for Judge Richard Dinkins

Continued on Page 15 

SUGGESTIONS? Please send recommendations for review locations to tracy.kane@tncourts.gov

Nashville Bar Journal - April 2011

Book Review Reviewed By:

Kelly Frey

Generation Blend: Managing Across the Technology Age Gap By Rob Salkowitz John Wiley & Sons, Inc. (2008) ISBN-10: 0470193964 ISBN-13: 978-0470193969

An exposé on age demographics doesn't sound like a lot of fun. But, Rob Salkowitz is a master at turning dry substance into provocative reading – so remember, this is a book review and doesn't necessarily represent the opinion of the reviewer. The book is a sociological study of the American workplace with reference to age demographics and defines three basic generational groups in the US (Baby Boomers, GenXers, and Millennials). The author then discusses each group's unique approach to the workplace. In addition to providing insight into how to professionally integrate and communicate with each group, the book provides the opportunity for members of each generation to assess the views commonly held about them by sociologists and the contrasts across the generational divides that are appearing within corporations and law firms in the US. Salkowitz's basic premise is that organizations derive their unique value from people and that the culture of the workplace is shaped not by impersonal economic forces, but by the values of the people who participate in it. According to Salkowitz these values are age driven. Millennials grew up with digital technology and constant stimulation (and expect the same in the workplace), GenXers' disengagement makes them problematic (both as

Nashville Bar Journal - April 2011

employees and as they age into management positions), and Baby Boomers' traditional approach to management is unsustainable in an increasingly global and digital marketplace. Like many sociology studies, labels abound in Generation Blend. "Older Workers" are a demographic that includes members of The Silent Generation (birth-years 1925-1945) and Baby Boomers (birth-years 1946-1962). Silents are described as methodical and diligent workers, focused on a vision of persistent, progressive social evolution (providing the initial leadership for the Civil Rights movement, the sexual revolution, feminism, and consumer advocacy). Their legacy is defined by Salkowitz as the "tolerant workplace." Baby Boomers apparently display a "sense of certainty and entitlement" along with a distrust for institutions and a penchant for "radical transformation" (and apparently buzzwords). Boomers nearing their career peaks set the current tone for organizational culture in the US and their view of the world defines the strategic priorities of their workplace, at least for a few more years. Millennials (birth-years 1981-2000, and variously referred to as the Class of 2000, Generation Y, the Digital Generation, and Echo Boomers) are 80 million strong (larger than the Baby Boomer population) and are now entering the

general workforce in real numbers – with the first Millennial doctors and PhDs beginning their professional careers (and the first Millenials graduating to law firm partnership in some cases). While characterized as optimistic, moral, socially aware, globally conscious, and bright, this group also has some detractors. Fifty percent of this generation comes from single family homes and they see their place in any specific company or position as transitory. Therefore this group seems to gravitate toward areas that will allow them to develop portable skills and see work as "something you do" rather than "somewhere you go." This is a diverse group (with 1/3 classified as non-Caucasian), but a sober group (literally – the lowest incidence of college freshman drinkers since 1966). GenXers (birth-years 1963-1980), however, seem to present the least optimistic note for employers. Salkowitz points out that this generation was at the "nadir of American post-war academic achievement and the highest incidence of measurable social pathologies throughout the first quarter of their life cycle." They were raised to work harder for less and

180th Anniversary of the Nashville Bar Association Continued from page 7

prefer the most brutally simple path from point A to point B. As GenXers transition into management roles, the biggest issue with this group is that they generally assume that their values are shared by everyone around them (and can't seem to accommodate disparate views in that regard). Salkowitz points out that their approach may be well-suited to a free market meritocracy, but perhaps not the best management approach across organizations that have to be sensitive to an increasingly multi-cultural, demographically diverse workforce and customer/client base. The book is best understood in the context of the general age dynamics of the international workforce. Sobering statistics highlighted by the author include the following: • Baby Boomers currently make up 45% of the US workforce and a wave of retirements may carry away 60 to 70% of public-sector workforce in the United States by 2012; and • sub-replacement birthrates in Europe provide the grim forecast that as of 2050, "most adult Europeans will have no living relatives." In his later work, Young World Rising (which deals specifically with age demographics on an international level), the author points out that of today's top global business contenders, only India will be able to sustain its workforce curve in the foreseeable future (with China being relegated to the same graying-of-the-workforce as its US and European competitors). Generation Blend is the first in a series of three books by Salkowitz, the later being Listening to the Future and Young World Rising (which deals specifically with age demographics on a global level). While the target audience for this book is more general public and management executives, it is a good read for lawyers and law firm management and provides sufficient food for thought to make it worth the effort to read. n Kelly Frey is a shareholder with the Nashville office of Baker Donelson Bearman Caldwell & Berkowitz, PC, where he represents both large corporations and vendors to such companies in procurement transactions involving information technology. He may be reached at (615) 726-5682 or at kfrey@bakerdonelson.com.

1st Row:

James S. Pilcher; Col. Baxter Smith; T.M. Steger; J.M. Dickinson; James C. Bradford; Ed Baxter; John J. Vertrees; Edwin H. East; Abram L. DeMoss; T.H. Malone; Col. A.S. Colyar; M.T. Bryan; Walter Stokes; C.D. Berry.

2nd Row:

James S. Brown; Jordan Stokes; W.H. Washington; J.C. McReynolds; Claude Wall; H.H. Barr; John W. Judd; George N. Tillman; John T. Allen; D.F. Wilkin; S.A. Champion; Albert D. Marks; William B. Bates; J.W. Gaines.

3rd Row:

John B. Keeble; Edwin A. Price; J.H. Acklen; Nathan Cohn; Abram M. Tillman; Wm. D. Beard, Justice Supreme Court; Horace H. Lurton, Judge , U.S. Circuit Court; W.K. McAlister, Justice, Supreme Court; J.M. Head; R.T. Smith; George B. Guild; Percy D. Maddin; Charles N. Burch; Lemuel R. Campbell

4th Row:

John M. Gaut; W.T. Turley; John A. Pitts; W.R. Chambers; J.A. Cartwright; J.W. Bonner, Judge, Circuit Court.; J.M. Anderson, Judge, Criminal Court; A.W. Stockell; Robert L. Morris; F.C. Maury; J.D.B DeBow; John L. Nolen

5th Row:

Hardin Leech; Preston Vaughn; John T. Lellyett; Hamilton Parks; Morton B. Howell; Jo.C.Guild; Jno. W. Childress, Judge Circuit Court; D.R. Carpenter; WM. D. Witherspoon; Coleman C. Slaughter; J.B. Daniel; Elie T. Morris

6th Row:

David Crutchfield; Thomas S. Weaver; Henry E. Smith; Lee Brock; H.W. Lowrie; M.H. Meeks; Nathaniel Baxter; Albert S. Marriss; R. McP. Smith; W.G. Hutcheson; Thomas H. Malone, Jr; Thomas J. Tyne; E.E. Barthell; Ernest Pillow

7th Row:

K.T. McConnico; Maurice Glick; J.M. Williams, Jr.; L.J. Pardue; James A. Ryan; Perkins Baxter; W.H. Williamson; Samueal N. Harwood; Stith M. Cain; H.N. Dunbar; Joseph W. Bryan; R.F. Jackson; Henry G. Lassing; Harry Stokes

8th Row:

Andrew Gennett; Richard A. Jackson; Daniel C. Buntin; Albert W. Akers; Louis Leftwich; Marshall M. Morgan; John Caruthers; F.M. Bass; John H. DeWitt; E.L. Doak; J. Percy Rains; W.A. Buntin; Boyte C. Howell; Charles Critchfield; G.B. Kirpartrick

Center: WM. F. Cooper

Nashville Bar Journal - April 2011

FEATURE

Words of Devine Wisdom An interview with immigration attorney Marilyn Devine by:

Yvette Sebelist and Linda Rose It’s taken the Nashville bar quite some time to realize that immigration is a significant, difficult, and integral part of the legal profession. If you were an immigration lawyer, you would scratch your head and wonder why. Over the years, immigration to Nashville has increased dramatically, with people from Mexico, Japan, England, Canada, Brazil, and Ethiopia, just to name a few of the countries that represent diversity in Nashville. Indeed, people from all over the world are drawn here for business, investment, family, jobs, and music. The immigration bar has also grown from a handful of practitioners to a distinctive contingent of attorneys. In fact, the Nashville Bar Association recognized the trend and so a few years ago, established an immigration committee, which is now a high profile, functioning committee of our bar association. And now we can boast seniority, too – Marilyn Devine will be the first Nashville immigration attorney to retire from the practice of law. She laid down her law books at the end of 2010. In an interview with us, here’s what Marilyn had to say about immigration law, Nashville, and the world in general:

Nashville Bar Journal - April 2011

Where are you from and how did you end up in Nashville practicing immigration law? I was born and raised in Iowa. I went to undergraduate school at the University of Iowa and Law School at Duke University, graduating with distinction in 1979. Following graduation, I worked for Legal Services of Middle Tennessee in Clarksville, TN. While at Legal Services, I was presented with an immigration case by a Vietnamese woman whose U.S. citizen husband had abandoned her along with their two children. Having little knowledge of U.S. immigration law, I called upon an experienced practitioner in Nashville to act as a mentor as I successfully worked through the case. After the case was completed, the mentor offered me a position in his office. After practicing with him for over six years, I opened a law office with Beverly Fisher. In 1997, planning to adopt a child from China, I partnered with Charla Haas who was also practicing in the field of Immigration Law. Charla and I built a successful practice and continued to work together until December, 2010, when I left the practice of law.

What was the best thing about practicing immigration law?

What is your advice for young lawyers entering the legal profession?

The best part of immigration practice is being able to use legal channels to open up the doors of the United States to those from other countries who need refuge here, who want to be reunited with family, or who can provide work skills that we need. My clients are usually interesting people that I enjoy coming to know. It is also very satisfying to beat the government when it has not acted in accordance with the law.

Take your ethical obligations very seriously. Honesty is paramount when dealing with your clients, other attorneys, and government agencies. Do not hesitate to decline to represent a client who pressures you to let your ethics slide. Do not practice by the seat of your pants. Find a mentor and do the work of studying and learning your field.

Tell us about your most memorable case.

Aside from law, whatâ&#x20AC;&#x2122;s one of the things youâ&#x20AC;&#x2122;ve done in the world to make a difference? Adopting my daughter from China has made the most significant difference in my life. She opened up for me the best and most important part of life. The Nashville Bar and the Nashville immigrant community wish Marilyn and her family well. We are grateful to Marilyn for tireless dedication to her field. She has truly brought honor to the practice of law n

My most memorable case happened years ago when the INS officers and the Immigration Judge believed, unbeknownst to me, that my client was allegedly planning an escape attempt from the immigration courtroom, because the federal building security guards had spotted that he was carrying handcuff keys! I walked into a courtroom bristling with armed INS officers and an immigration judge who wouldnâ&#x20AC;&#x2122;t let me sit near my client. In the end, after the client was incarcerated for several months, we won the case. And, your most compelling case? My most compelling cases have been a series of asylum cases that I handled for Ethiopians of Eritrean heritage and the ongoing stream of asylum cases for Coptic Christians from Egypt. The strength that these clients have shown to endure the persecution that they have suffered is truly amazing and admirable.

Nashville Bar Journal - April 2011

NASHVILLE BAR ASSOCIATION

April 21, 2011 Downtown Renaissance Hotel Registration: 11:30 am - Luncheon: 12:00 pm

LAW DAY 2011

LAW DAY: 2009

SPEAKER:

HISTORY:

Philip Langford serves as the Director of Operations, Africa for International Justice Mission. IJM is a human rights agency that secures justice for victims of slavery, sexual exploitation and other forms of violent oppression. IJM lawyers, investigators and aftercare professionals work with local governments to ensure victim rescue, to prosecute perpetrators and to strengthen public justice systems.

Resistance leader and patriot, advocate and diplomat, constitutional theorist and political activist, John Adams became our nation's first lawyer-president in 1797. Just five years before the American Revolutionary War began, he represented the British officer and soldiers charged with firing into a crowd of protestors and killing five civilians in the "Boston Massacre." His role in the 1770 Boston Massacre trials has come to be seen as a lawyerly exemplar of adherence to the rule of law and defense of the rights of the accused, even in cases when advocates may represent unpopular clients and become involved in matters that generate public controversy.

Philip began his career as a lawyer in 1996, practicing first in Austin, Texas and then in Chattanooga, Tennessee, where he served as a litigation partner with Miller & Martin. In 2006, Philip joined IJM, serving as Special Counsel in IJM's Field Office in Chennai, India. In Chennai, Philip led the legal strategy of the office and assisted the project's efforts to bring rescue and restoration to victims of forced labor and to prosecute perpetrators of forced labor. In 2007, Philip was asked to launch and direct IJM's office in Bangalore, India. Over the next two years, he and his team worked with local authorities to rescue more than 170 people from forced labor slavery in the Bangalore project area. Philip returned with his family to the United States in late 2009 to take on a new role as the Director of IJM's Africa operations. In this role, Philip supervises leadership of all of IJM's Africa field offices, leading projects designed to bring justice to survivors of illegal property seizure, police abuse and illegal detention, and sexual violence.

Although each is unique in circumstance and significance, there have been other such noteworthy cases in American history. These cases range from Adams and the Boston Massacre trial to the 1846 "insanity" defense of William Freeman by William Seward, later Lincoln's Secretary of State, to Sigmund Ziesler's and William Perkins Black's 1886 representation of the Haymarket 8 accused of killing a Chicago police officer (marking its 125th anniversary in 2011) to Samuel Leibowitz's 1930s defense of nine black Alabama teenagers, the Scottsboro Boys, accused of rape to the representation by Michael Tigar and Brian Hermanson of Terry Nichols in the 1995 Oklahoma City bombing case to contemporary efforts by lawyers to represent Guantanamo detainees in the global war on terrorism. It is important to recognize that the passage of time can bring historical and legal perspective to passions of the day.

REGISTRATION - NBA LAW DAY LUNCHEON: NAME:

BPR#:

PHONE #:

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EARLY REGISTRATION # of Tickets ______ Received on or before April 15 - $50 per person

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$_________ LAW DAY SPONSOR Includes 10 tickets and recognition in program $475 on or before April 15; $575 after April 15

OPEN SEATING Guest Names: (please include one name for each

ticket purchased)

1 ____________________________________ 2 ____________________________________ 3 ____________________________________ 4 ____________________________________ 5 ____________________________________ 6 ____________________________________ 7 ____________________________________ 8 ____________________________________ 9 ____________________________________ 10 ____________________________________

Charge by Fax (615.255.3026) or Phone (615.242.9272)

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Nashville Bar Journal - April 2011

Signature: ___________________________________________

Send Check to: Nashville Bar Association 315 Union Street, Suite 800 Nashville, TN 37201-1422

Nashville Bar Journal - April 2011

Disclosure Richard W. Westling has joined Waller Lansden’s Nashville office as a partner. He will be on the firm's White Collar Defense team with a focus on representing businesses and individuals in a wide variety of government investigations and in defending hospitals and other healthcare providers as well as corporate executives and employees in matters involving alleged violations of the False Claims Act, the Stark Law, the health care fraud statute and anti-kickback statute. Westling is a litigator with more than 20 years of high-profile experience in government investigations, white collar criminal defense and healthcare litigation. Chris Sloan has joined Baker, Donelson, Bearman, Caldwell & Berkowitz, PC as a shareholder in the Nashville office. Sloan focuses on the representation of entrepreneurs, start-ups and other emerging businesses in corporate matters, and also in handling complex software and other information technology transactions for small and large companies. He regularly represents both technology and brick-and-mortar clients in connection with software, information technology and other vendor contract negotiations, including software and health care IT transactions. David Johnson has been appointed vice-chair of Miller & Martin's Labor & Employment Department. Johnson has extensive experience in the litigation of disputes at the trial and appellate levels. His areas of expertise include employment and business litigation and he represents clients in many industry sectors, such as healthcare and construction. He has considerable experience in non-compete/ trade secret litigation, and has written multiple articles on the subject, as well as spoken at several conferences. Patrick Norton, an Adams and Reese Associate, was re-elected to the Board of Directors of the Napier-Looby Bar Foundation to serve as Treasurer. Nor-

Nashville Bar Journal - April 2011

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n

ton previously served as secretary of the board. The elections were announced at the Napier-Looby Bar Foundation's 7th Annual Barristers' Banquet, held on February 17th. At Adams and Reese, Norton serves in the firm’s Transactions and Corporate Advisory Services Practice Group and assists companies on matters pertaining to corporate governance, securities law, SEC reporting, and general corporate counseling. He also assists with employment law matters, including preparing defenses for employers on the agency, state, and federal level, on matters including retaliation, racial discrimination, and pregnancy discrimination, and providing compliance counseling for employers dealing with federal wage and hour regulations and non-compete covenants in employment contracts. John Park, an attorney with the law firm Waller Lansden Dortch & Davis, PLLC, has been selected for the inaugural class of Fellows for the Leadership Council on Legal Diversity (LCLD), a national organization of chief legal officers and law firm managing partners dedicated to increase and highlight the importance of diversity in the legal profession. The LCLD Fellows is a prestigious year-long professional development program seeking to advance diversity in the legal field by providing opportunities for emerging attorneys to connect with general counsels and managing partners from leading organizations. Peter Robison has joined Drescher & Sharp, P.C. as an associate. Robison received his J.D. from Vanderbilt University School of Law in 2008 after receiving his B.A. from Brigham Young University, where he studied Political Science, Spanish and Latin American Literature. Robison joined Drescher & Sharp immediately after completing a two-year judicial clerkship with Circuit Court Judge Thomas W. Brothers in Nashville, Tennessee. He is fluent in Spanish, having lived in Venezuela for two years, and

has represented several Spanish-speaking clients, both with Drescher & Sharp and with the Domestic Violence Legal Clinic while he was at Vanderbilt Law School. He practices in the areas of employment law, probate and general civil litigation. Matt Sweeney, a shareholder in Baker, Donelson, Bearman, Caldwell & Berkowitz, PC's Nashville office, has been named a member of the National Academy of Distinguished Neutrals (NADN), a professional association of attorneys distinguished by their experience in civil and commercial conflict resolution and by their commitment to methods of alternative dispute resolution. Sweeney is a business trial and appellate attorney, mediator and arbitrator. Formerly a Circuit Court Judge in Nashville and Presiding Judge of the district's Trial Courts, Sweeney has mediated or arbitrated hundreds of cases in the southeastern United States. The Napier-Looby Bar Foundation announces its Board of Directors and Officers for 2011: William Stover, Law Offices of William Stover (President) Rita Roberts-Turner, Metropolitan Government of Nashville and Davidson County (Vice President) Kinika Young, Bass, Berry & Sims, PLC (Secretary) Patrick W. Norton, Adams and Reese LLP (Treasurer) Isaac Conner, Allegiant Athletic Agency (Immediate Past President) Nicole James, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Susan Tucker Jones, Metropolitan Government of Nashville and Davidson County Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

WELCOME NEW NBA MEMBERS Lacy A. Daniel Christopher B. Fowler Chancery Court, Part II Benjamin Andrew Gastel Branstetter, Stranch & Jennings, PLLC* Harry G. Glass Lora P. Hortert Sue Hyde Junaid Adetayo Odubeko Miller & Martin PLLC*

What Does That Attorney Look Like Who You Only Communicate With Via Email? Need to find the New Address of an Old Law Parnter? **************************** Find Out In The New 2011 NBA Attorney Directory! -------------------------------------------------• Attorney Listings For All Davidson County & Surrounding Communities -------------------------------------------------• Over 500 New Member Photos -------------------------------------------------• Comprehensive Court Listings -------------------------------------------------• Field of Practice Listings -------------------------------------------------• Firm Listings -------------------------------------------------• Listings For All NBA Boards & Officers -------------------------------------------------• Committee Information -------------------------------------------------• NBA By-Laws & More --------------------------------------------------

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S. Madison Roberts Yost Robertson Nowak, PLLC Jeff Rossman Reeves-Sain Medical Tracy L. Schweitzer Office of the Chapter 13 Trustee * Belongs to a 100% Club firm

DIAL - A - LAWYER Dial-A-Lawyer is held the first Tuesday of each month. March Volunteers: B. Gail Reese Jonathan Augusto Morgan Smith

Tom Lawless Joe Rusnak Doug Pierce

To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

2011 NBA Premier Members INCLUDE:

Gail Vaughn Ashworth Robert L. Ballow Kathryn E. Barnett Barbara Bennett Michael Weimar Binkley Charles W. Bone Robert E. Boston Jay S. Bowen C. Dewey Branstetter Jr. John E. Buffaloe Jr. Joseph P. Calandriello C. Mark Carver Jonathan Cole Dixie W. Cooper Patricia J. Cottrell John A. Day David Clyde Downard John Franklin Floyd John J. Griffin Jr. William L. Harbison Trey Harwell John Scott Hickman Barbara D. Holmes Paul T. Housch John D. Kitch Neil B. Krugman Thomas W. Lawless

Richard Wesley Littlehale John Charles McCauley Rob McKinney Robert J. Mendes Elizabeth Enoch Moore Patricia Head Moskal Michael I. Mossman Katharine Elizabeth Phillips Tracy A. Powell Mark Bradley Reagan Jason B. Rogers Edgar M. Rothschild III Jerry Scott Michael W. Sheridan Thomas J. Sherrard III Marietta M. Shipley Emily A. Shouse Stacey Koontz Skillman David Randolph Smith M. Clark Spoden Irwin Bruce Venick Howard H. Vogel Karl D. Warden James L. Weatherly Jr. Peter Weiss Larry R. Williams Stephen G. Young

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services. There will be a special section in the Nashville Bar Journal and on the NBA website (www.nashvillebar.org) that will run a continual list of NBA Premier Members. Nashville Bar Journal - April 2011

Classifieds

green hills Established Green Hills law association has office and adjoining secretarial space available for immediate occupancy. Free parking, excellent on-line and hard-cover Tennessee library, conference rooms, receptionist, and voice mail available. Call 383-3332.

Metro Center Law office space sharing, furnished or unfurnished offices for 2 attorneys and two support staff, 2 conference rooms, kitchen, receptionist services, T-1 internet, free parking, copier, fax. Will lease together or separately, non-smoking. Call Gary 615-321-0010.

Midtown Midtown : 682 square feet with beautiful view of Centennial Park; $19.15 per square foot with annual increases; available as is or with build-out cost to be prorated over term of sublease; space is newly carpeted and newly painted, with small kitchen area; covered parking; available immediately. Please call 615-321-5659.

hendersonville My colleague of 25 years is retiring. I am looking for a mature attorney to share office space, secretary/paralegal, phone, etc. Condominium is 1600 square feet on Indian Lake Blvd near The Villages of Indian Lake. First-class office designed for two attorneys with superior appointments and it is only 4 years old. Call Ron Buchanan 615-822-5700.

Midtown-1900 Church Executive office suites for lease in Midtown Nashville located at 1900 Church, Suite 300. Free covered parking, conference rooms, break room, color copier, and receptionist to greet your clients. Administrative support and flexible terms available. For more information, please call Cheryl Gunn at (615) 983-6935. Downtown Office condos for Lease or Sale. 500 to 2500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550. DOWNTOWN Law firm has office space to rent for two attorneys and assistants, if needed or option 2 attorney can sublease entire suit which will accommodate four to five attorneys and staff. Office is located in the Regions building downtown on the first floor with window view. Includes internet, all utilities, use of copy/fax/scanner, and postage machine. If interested, please e-mail rpnimmo@nimmolaw.com or contact Price Nimmo at 615-244-2244.

Office Space

Nashville Bar Journal - April 2011

HOW WILL YOU ADVISE YOUR NON-CITIZEN CRIMINAL CLIENT TO PLEAD? Padilla v. Ky. (U.S. Sup.Ct. 3/31/10) has a profound impact on your duties to your foreign clients. We advise on immigration consequences of crime and handle all immigration matters. Mention this ad for an NBA member discount on the “Padilla plea memorandum” ($750). Immigration Law Offices of Sean Lewis 615-646-6002 www.MusicCityVisa.com

Advertise your Office Space in the Nashville Bar Journal

Nashville Bar Journal Classifieds Online at www.nashvillebar.org

MJC

MORGAN JOHNSON CARPENTER & CO. A PROFESSIONAL CORPORATION Forensic Accountants & Consultants

Professionals in Loss and Value Measurement Mark N. Henry, CPA 555 Marriott Drive, Suite 800, Nashville, TN 37214 Phone: 615-231-6460 • Fax 615-231-6463 mhenry@mjc.biz • www.mjc.biz

Advertising: Contact Tina Ashford at tina.ashford@nashvillebar.org or (615) 242-9272

Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word. Available Sections: Positions Available, Expert Witness,

For Sale, Positions Wanted, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, and Accounting.

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Elder Law Practice of Timothy L. Takacs

Elder Law is Alzheimer’s Planning

More than 4 million elderly in the U.S. suffer from Alzheimer’s disease. That’s one out of every ten. Until there’s a cure, people affected by Alzheimer’s disease will need care and those who love them will need care coordination, decision-making support and legal advice. For more than a decade our Certified Elder Law Attorney and Elder Care Coordinators have been helping families protect assets, find high-quality care and navigate the long-term care system. When your clients are facing an Alzheimer’s diagnosis, point them in the right direction.

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ELDER LAW PRACTICE OF TIMOTHY L. TAKACS