Nashville Bar Journal | March 2011 by Nashville Bar Association

Nashville Bar Journal MARCH 2011 - VOL 11, NO. 2

Rumors of the Legal Profession’s Demise are Greatly Exaggerated Jeffrey S. Kinsler Justice William C. Koch, Jr.

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Dedication of the Tom Shriver Towers Torry Johnson and Walter Kurtz

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New Legal Aid Society Brochures Describe Benefits of Health Reform Law Neil McBride

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Bill & Phil’s Gadget of the Month: Legal Apps in the Cloud Bill Ramsey and Phillip Hampton

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WHO’S WATCHING YOUR FIRM’S 401(k)? • Is your firm’s 401(k) subject to quarterly reviews by an independent board of directors? • Does it include professional investment fiduciary services? • Is your firm’s 401(k) subject to 23 contracted service standards? • Does it have an investment menu with passive and active investment strategies? • Is your firm’s 401(k) sponsor a not-for-profit whose purpose is to deliver a member benefit? • Does it feature no out-of-pocket fees to your firm? • Is your firm’s 401(k) part of the member benefit package of 37 state and national bar associations? If you answered no to any of these questions, contact the ABA Retirement Funds to learn how to keep a close watch over your 401(k).

Unique 401(k) Plans for Law Firms Phone: (877) 947-2272 • Web: www.abaretirement.com email: contactus@abaretirement.com The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (877) 947-2272, by visiting the Web site of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 022065142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through the Nashville Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program. C09-1005-035 (07/10)

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 -------------------------------------------------------------------------

Order Your 2011 Directory Online Today: www.nashvillebar.org NASHVILLE BAR ASSOCIATION

315 Union Street, Suite 800 Nashville, TN 37201 (615) 242-9272 Fax:(615) 255-3026 www.nashvillebar.org

Nashville Bar Journal A Monthly Publication of the Nashville Bar Association

www.nashvillebar.org

Rumors of the Legal Profession’s Demise are Greatly Exaggerated PAGE 6

Jeffrey S. Kinsler Justice William C. Koch, Jr.

March 10 - 11:30 am Environmental Committee Meeting

April 21, 2011 Law Day Luncheon @ Renaissance Hotel

March 15 - 12:00 pm LRIS Committee Meeting

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

March 15 - 12:00 pm Ethics Committee Meeting

New Legal Aid Society Brochures Describe Benefits of Health Reform Law PAGE 8

Neil McBride

March 16 - 11:30 am Memorial Committee Meeting March 17 - 12:00 pm Government Committee Meeting

June 9, 2011 NBA Golf Tournament @ Legends September 22, 2011 NBA Free Member Picnic @ Hall of Fame Park

March 21 - 11:30 am NALS Meeting

FROM THE PRESIDENT A Little History, and Some Advice PAGE 2

Bob Mendes, MGLAW, PLLC

_______________________________________________ 4 Communiqué • It's Your Move! Capital Campaign Contributors • Mock Trial Competition • Nominations Sought for Norman Award • Nominees for Liberty Bell Awards Sought • Golden Oldies • Upcoming Events _________________________________________________________ 10

March 24 - 9:30 am Finance Committee Meeting @ MGLAW March 24 - 10:30 am Executive Committee Meeting @ MGLAW

What Is a Famous Mark? (And why should I care?)

David Winters _________________________________________________________ 12 Bill & Phil’s Gadget of the Month: Legal Apps in the Cloud Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting _________________________________________________________

View Full Calendar online at www.nashvillebar.org

-Golden Oldies-

CLE Information - Center Section _________________________________________________________ 13 Dedication of the Tom Shriver Towers Torry Johnson and Walter Kurtz _________________________________________________________ 14 It's Your Move! _________________________________________________________ 20

Pioneer Women Judges

Ben H. Cantrell and Thomas V. White _________________________________________________________ 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

A Little History, and Some Advice

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 - March 2011

With the NBA's upcoming move to One Nashville Place, I spend most of my bar association time looking forward. However, attending the Bone McAllester & Norton Fellowship Breakfast on Martin Luther King, Jr. Day sent me on side trip to learn more about the history of the NBA. I moved to Nashville in 1995, and have no extended family here. So, I don't have much knowledge about the long-term history of our bar. As a result, I found myself wondering when African-American lawyers came to be members of the NBA. I also wondered about the circumstances of how that came to pass. Before I got back to my office, my wondering had spread; I had the same questions about women lawyers. When I raised my questions with our Executive Director Gigi Woodruff, she suggested I read David C. Rutherford's phenomenal history of the Nashville bar. Bench and Bar II (2003) is available for sale through the NBA's office. I purchased a copy and highly recommend it. In it, I found some answers to my questions as well as some sound advice about how to live life. Regarding the first question, about how and when African-American lawyers became members of the NBA, Bench and Bar II, in an article by Lewis L. Laska, explains: The turbulent 1960's saw another change, sparked by law students at Vanderbilt. White lawyers Charles Gilbreath (later a judge) and Gilbert Merritt, Jr. (now on the Sixth Circuit) had publicly declared that the Nashville Bar Association should admit black members. Although the rules did not bar blacks, custom did because association meetings were sometimes held at whiteonly country clubs. A newspaper poll in 1965 said over half the members surveyed approved opening membership to blacks, but the matter was brought to a head when the students at Vanderbilt Law School passed a resolution condemning the NBA's practice. In December, 1965 a mail ballot was sent to the group's 579 members. The results favored integration 260 to 175 and the board passed such a resolution on January 5, 1966. As a person born nine months after this resolution was passed, I find it astonishing that the vote could be so close. But, I guess those were the times. Regarding the second question, about how and when women lawyers became members of the NBA, Bench and Bar II does not have as convenient a summary to reproduce here. Instead, I will share some information that I did not know previously; all from an article by Nancy Fraas MacLean. She states: The history of Nashville's women in law begins in Memphis. There, in 1897, Lutie A. Lyle, an African American, was admitted to the criminal court. She did not practice law but taught it as a law professor at Tennessee Central College. In 1900 and 1901, Marion Griffin filed her first and second petitions to practice before the Tennessee Supreme Court. Each was denied on the ground that there was no statute expressly enabling women to practice law. It was not until 1907 that the General Assembly passed a statute conferring the right to practice law upon women. The article explains that, "By 1980, several

2011 NBA BOARD OF DIRECTORS

hundred women had been admitted to the bar in Tennessee, but only one woman had ever been appointed to the bench of a state court of record â&#x20AC;&#x201C; that would be Martha Craig Daughtrey ("Cissy")." No woman had been elected to a state court of record, or been a partner in a large Nashville firm, or presided over the NBA. In the last 30 years, thankfully, all of these have happened. Along with these two history lessons, Bench and Bar II gives sound advice about how to approach life and our relations with others. In a letter to J.M. Anderson in November 1970, John W. Hilldrop wrote to his friend: In the hour of deathâ&#x20AC;Ś, he who has lived simply and naturally, close to the hearts of nature, loved well and never intentionally caused a human heart to ache, has all the better of it when the sum total of life has been cast up. This is my Philosophy, my religion. This I have lived happily and intend to die by. For me, I find gentle reassurance that what started as an inquiry to learn more about the sins of the past ended with a prescription for the future. I am left with the strong sense that our zeal to protect the rule of law and achieve fundamental fairness always must be focused inward on our profession just as much as we apply it outwardly for our clients. 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 - March 2011

communiqué

NBA NEWS n COMMITTEE INFORMATION

SPECIAL EVENTS

NBA NEWS n COMMITTEE IN

It's Your Move! Capital Campaign Contributors

YLD Mock Trial Competition

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:

On February 18-19, 2011, the NBA Young Lawyers Division sponsored the 2011 Davidson County High School Mock Trial Competition. Twenty teams from twelve Davidson County high schools competed in the two-day competition, held at the historic Metro Courthouse.

Visionaries 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 Cornelius & Collins, LLP Manier & Herod MGLAW PLLC Supporters Harwell Howard Hyne Gabbert & Manner, P.C. Contributors Rothschild & Ausbrooks PLLC Bob Pope White & Reasor PLC Friends Law Office of Bart Durham Paul Ney Tim L. Bowden Thomas H. Peebles III Gareth S. Aden Jack R. Robinson, Sr. Gail Vaughn Ashworth Emily A. Shouse Steve Cobb W. Scott Sims Jonathan Cole The Mediation Group of Lew Conner Tennessee, LLC Frank Grace Elizabeth Tipping William L. Harbison Bob Walker Aubrey Harwell Tom White Trey Harwell Tom Wiseman John D. Kitch Gigi Woodruff Tom Lawless Edward M. Yarbrough Mary A. Parker of Parker & Crofford Mandy Haynes Young & Robert J. Mendes Stephen Young Mitch Grissim & Associates Associates Kay, Griffin, Enkema & Colbert, PLLC Sheree Wright James (J.O.) Bass C. Dewees Berry IV Hon. Lew Conner Jim Higgins John J. Hollins, Sr. Anne L. Russell Charles H. Warfield Shirley Clay Hon. Frank Clement Helen S. Rogers 180 Club Susan W. Blair Robert Boston Wendy Cozby Traci Hollandsworth Lynda F. Jones

Nashville Bar Journal - March 2011

The YLD would like to offer its sincere thanks to all the volunteers who served as judges, scorers and bailiffs during the five rounds. Cochairs Matthew Cox and Lauren Paxton Roberts would also like to specially thank David Grimmett, Peter Robison and T.D. Ruth for their time and assistance during the competition. The 2011 District Champion is Montgomery Bell Academy’s Red Team. Martin Luther King, Jr., Magnet School’s Blue Team took second place. Both teams will be moving onto the state competition in March. Other winners include: Third Place: Goodpasture Christian School Fourth Place: St. Cecilia’s Red Team Fifth Place: University School of Nashville’s Blue Team Best Rookie Team: Antioch High School Best Prosecution Attorney: Kannan Raju (Martin Luther King, Jr. Magnet School – Blue) Best Defense Attorney: Genny Parkes (St. Cecilia – White) Best Prosecution Witness: Jacole Jones (Cane Ridge High School) Best Defense Witness: Hillary Woods (St. Cecilia – White)

Criminal Court "e-blast" The Davidson County Criminal Court Clerk’s Office has created an “e-blast” group to notify attorneys regarding court schedule changes due to emergencies, inclement weather, etc. Should you wish to be included in these messages, please send your email address to Tommy Bradley at tommy.bradley@ nashville.gov. The Clerk’s Office has assured us that your email will be used for Court related notifications only and will not be distributed to any outside agency.

-Golden Oldies-

James C. Hofstetter of Hofstetter & Hofstetter correctly identified the individuals in the February Golden Oldies photo. Pictured are: David Rutherford, Richard Bird, Al Abbey and Tom White

NFORMATION

SPECIAL EVENTS

NBA NEWS n COMMITTEE INFORMATION

SPECIAL EVENTS

Nominees for Liberty Bell Awards Sought Nominations are being sought for the Liberty Bell Award that will be presented during the NBA’s annual Law Day Luncheon during Law Week. This award is given to that person or group (not necessarily lawyers or law related groups) who have promoted better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government. Nominations for the Liberty Bell Award should be directed to Traci Hollandsworth. She may be reached at 242-9272, or email her at traci.hollandsworth@nashvillebar.org.

Past LIBERTY BELL AWARD WINNERS: 1986 Dave Rutherford Bill Willis M. Lee Smith 1987 Connie F. Wright, Teacher James F. Blumstein, Vanderbilt Law School 1988 CASA 1989 Sharon DeBoer Kirk Loggins 1990 Wade Cowan NBA YLD (presented at Annual Banquet) 1991 Lt. Col. Jeff Henry Court Preparation Group 1992 Judith Cannizzaro, Metro Social Studies Coordinator Exchange Club of Nashville

1994 Marshall Albritton

2002 Wally Dietz

1995 Mary Ann Hea Kroger Company

2003 Andrea Conte

1996 Nashville Banner 1997 Bradley MacLean Sabin R. Thompson N. Sue Van Sant Palmer Marlinda R. Bruno

2004 John Seigenthaler Nashville Conflict Resolution Center 2005 Judge George Paine Renewal House

1998 Adinah Robertson

2006 Drake Holliday (posthumously)

1999 Tennessee Justice Center L.A.W. Early Truancy Program

2007 Governor’s Books from Birth Foundation

2000 Senator Douglas Henry NBA Young Lawyers Division

2008 Judge Walter Kurtz

2001 Richard Dinkins Mary Walker

1993 George Rooker

2009 Ross Alderman (posthumously) 2010 Joe Johnston

NBA NEWS n COMMITTEE INFORMATION

Nominations are now being sought for the Jack Norman Award that will be presented during the Nashville Bar Association’s Law Day Luncheon during Law Week. The Award is given to a criminal law practitioner, including defense attorneys and judges of courts with criminal jurisdiction, who practice before or serve as judges of courts exercising criminal jurisdiction located in the Metropolitan Nashville area. The award may be given posthumously. The Norman Award must be given to an attorney whose primary practice is in or service pertains to criminal law, demonstrates respect for the rights of all individuals in the criminal justice system, exhibits the trial advocacy skills or judicial skills necessary to the pursuit of justice, demonstrates an abiding respect for the law and legal profession, maintains the highest standards of professional integrity and ethical conduct, contributes to the improvement of the legal profession and criminal justice system, including but not limited to the provision of uncompensated or undercompensated representation of the accused. Nominations for the Norman Award should be directed to Traci Hollandsworth. She may be reached at 242-9272, or email her at traci.hollandsworth@ nashvillebar.org.

Past NORMAN AWARD WINNERS:

1997 not presented

--------------------------------------------NBA Golf Tournament @ Legends June 9, 2011 --------------------------------------------NBA Picnic @ Hall of Fame Park Thursday, September 22, 2011 ---------------------------------------------

Nominations Sought for Norman Award

1996 Jack Norman, Sr. (posthumously)

UPCOMING EVENTS: -----------------------------------------------------Dedication of the Tom Shriver Towers April 21, 2011 @ 3:30 pm Historic Courthouse Lawn FULL STORY ON PAGE 13 --------------------------------------------Law Day Luncheon April 21, 2011 @ Renaissance Hotel --------------------------------------------Bill Ramsey's Ode to Otha Block Party June 4, 2011 ---------------------------------------------

1998 (Presented at Annual Banquet) Judge Tom Shriver

2002 not presented 2003 not presented 2004 William M. Leech, Jr. 2005 Judge Randall Wyatt 2006 Hall Hardin

1999 (Presented at Annual Banquet) Seth Walker John Hooker, Sr.

2007 not presented

2000 James F. Neal

(posthumously)

2001 Joe P. Binkley, Sr.

1996 Charlie Ray

2009 Ross Alderman (posthumously)

2010 Ed Yarbrough

Nashville Bar Journal - March 2011

FEATURE

Rumors of the Legal Profession’s Demise are Greatly Exaggerated by:

Jeffrey S. Kinsler & Justice William C. Koch, Jr.

First Pop Quiz: According to the U.S. Bureau of Labor Statistics,1 which occupation has the brightest job prospects over the next decade? (A) Chemical Engineers; (B) Computer Programmers; (C) Electrical Engineers; (D) Lawyers; or (E) None of the above—we’re all doomed. The answer is (D), but don’t be disheartened if you chose (A), (B), (C), or (E) (okay, you can be a little disheartened if you chose (E)). For the past two years we have been bombarded with negative stories about the legal job market. We’ve read about an unemployed (well, as it turned out, employed) law graduate staging a hunger strike (well, a quasi-hunger strike),2 an anonymous third-year law student offering to forgo graduation in exchange for a full tuition refund,3 and an anonymous lawyer offering to sell his or her degree on Craig’s List “for the bargain basement price of $59,250.”4 Such anecdotes have created the impression that future lawyers will spend more time in soup lines than in law firms. Thus, a failing grade on the first pop quiz is excusable. By most standards, the job market for lawyers is still tight but, contrary to popular belief, this situation is not permanent. Free market economies are cyclical in nature. Unfortunately, it is easy to lose sight of this fact because economic forecasts are often tainted by inertia bias, a condition that causes one to assume that current economic

Nashville Bar Journal - March 2011

conditions—whether good or bad—will last indefinitely. Change, of course, is the only constant in a cyclical economy, for even the Great Depression ultimately ended. As for the current recession, this too shall pass. It is only a matter of time,5 and that time may be sooner than most people think. Second Pop Quiz: The U.S. unemployment rate for all occupations averaged 9.6% in 2010.6 By comparison, the 2010 unemployment rate for lawyers was: (A) substantially higher than the national average; (B) slightly higher than the national average; (C) roughly the same as the national average; (D) slightly lower than the national average; or (E) substantially lower than the national average. The answer is (E)—the 2010 unemployment rate for lawyers was 1.5%, which is more than eight percentage points below the national average.7 Lawyers had the lowest unemployment rate of the nation’s 70 largest occupations (i.e., occupations with more than 875,000 members).8 Indeed, the unemployment rate for lawyers was lower than that for registered nurses (2.1 percent), chemical engineers (2.2%), secondary school teachers (2.5%), chemists (3.1%), and medical scientists (4.1%).9 And, importantly, the unemployment rate for lawyers is now approaching pre-reces-

sion levels—the rate was 1.1% in 2007, 1.9% in 2008, 2.3% in 2009, and 1.5% in 2010.10 Moreover, recent market studies point to an even brighter future for lawyers over the next decade, particularly in Middle Tennessee. In fact, there is an existing need for lawyers in the rural counties of Tennessee, and this need is nearly certain to intensify over the next decade as a large number of rural lawyers reach retirement age. I. National Job Market Despite all of the doom-and-gloom, the job market for lawyers over the next decade is relatively bright. According to the U.S. Bureau of Labor Statistics, "[e]mployment of lawyers is expected to grow 13% during the 2008-18 decade,"11 while overall employment is expected to grow only 10% during this same period.12 The 13% growth rate represents nearly 100,000 new positions for lawyers,13 in addition to the tens of thousands of replacement positions created each year by lawyers retiring or leaving the profession. It is also important to note that the projected growth rate is trending upward, as the Bureau had predicted an 11% job growth rate for lawyers for the 2006-2016 decade. The Bureau of Labor Statistics provides the following explanation for its projection of above-average growth in employment of lawyers: Growth in the population and in the level of business activity is expected to create more legal transactions, civil disputes, and criminal cases. Job growth among lawyers also will result from increasing demand for legal services in such areas as

health care, intellectual property, bankruptcy, corporate and security litigation, antitrust law, and environmental law.14 There was little or no growth in legal employment from 2008 to June 2010; thus, it is fair to assume that most of the 13% growth in legal employment predicted by the Bureau of Labor Statistics from 2008-2018 will occur between 2011 and 2018. Such growth in legal jobs has, in fact, already begun. Nearly 2,500 new legal jobs were created in September 2010, while the overall economy lost 95,000 jobs.15 Since July 2010, nearly 4,000 new legal jobs have been created, far outpacing general job growth.16 Furthermore, a recent survey of legal recruiters points to a much better hiring market for lawyers in 2011.17 How does the projected 13% increase in jobs compare to the growth in the number of law school graduates? Over the last 15 years (1994-2009), the number of law school graduates has increased by only 8 percent and, more importantly, over the last three years (2007-2009), the number of law school graduates has actually declined by 1%.18 Hence, the projected 13% growth in legal jobs is nearly certain to outpace the growth in law graduates over the next decade. Moreover, many experts are predicting that while the increase in federal regulation of major industries (e.g., health care, finance, and energy) may be bad for business, it is boon for lawyers. For example, Frank Holmes, CEO of U.S. Global Investors, recently opined that because new federal regulations have “added bureaucracy” to our economy, they “are great for lawyers and accountants….”19 Furthermore, despite the recent economic turmoil, the legal profession is still considered one of the best career

choices, as Money magazine ranks lawyers as the 18th Best Job in America, ahead of physicians, veterinarians, securities traders, and investment bankers.20 Moreover, lawyers were ranked 15th on the CNBC’s “Highest Paying Jobs for 2010,”21 and in-house attorneys were ranked in the top 10 of CNBC’s “Six-Figure Jobs in Demand.”22 And the most recent census statistics estimate that the work-life earnings for a person with a professional degree (M.D., J.D., D.D.S., or D.V.M.) is more than twice that of a person with a bachelor’s degree and nearly twice that of a person with a master’s degree.23 II. Nashville Area Job Market The job market for lawyers in Middle Tennessee over the next decade is even brighter than the national job market. In a study recently released by the Nashville Area Chamber of Commerce, lawyers were identified as one of the “fastest-growing high-wage occupations” for the period of 2009-2019.24 The study predicted that 1,309 new positions for lawyers would be created in the Nashville Area over the next decade.25 The annual rate of growth for lawyers is projected at 2.95%, which is higher than the projected rate of growth for accountants, teachers, physicians, and computer systems administrators.26 The study also predicted a large number of replacement positions for lawyers over the next decade: “Postsecondary teachers, lawyers, and physicians and surgeons are among the occupations that require advanced degrees which are projected to expand the most by 2019. Postsecondary teachers and lawyers are expected to represent over 2,000 new and replacement jobs between 2009 and 2019.”27 Indeed, the study projects that the Nashville area will return to “full employment by 2014/15”28 and “worker shortages likely will intensify in the second half of the decade.”29

Continued on Page 18  Nashville Bar Journal - March 2011

FEATURE

New Legal Aid Society Brochures Describe Benefits of Health Reform Law by:

Neil McBride

The new Health Care Law – the Patient Protection and Affordable Care Act—can be confusing to navigate; thus, the the Legal Aid Society of Middle Tennessee and the Cumberlands (“Legal Aid”) has just released three new brochures describing the medical insurance benefits people can get under the new law. This is one of the only patient-oriented, plain language descriptions of the new law’s benefits available anywhere in the country. In releasing the brochures, the Legal Aid Society said that in all the debate about whether the Health Reform Act was a good idea or not, there was very little concrete information about what it actually did for individuals. Legal Aid provides free, civil legal aid to people who have nowhere else to turn. With approximately 32 attorneys in 8 offices, Legal Aid serves more than 300,000 people in 48 counties in Middle and East Tennessee. Offering an extensive program of pro bono services, Legal Aid is a partner with the Nashville Bar Association’s Pro Bono Project. Brochures Reflect Legal Aid’s Commitment to Provide the Community with Useable Self-Help Information. Legal Aid has only enough staff to help a small fraction of the people who ask for representation. Thus, it tries to leverage the benefit of its scarce resources by offering self-help material. By spending some time writing and distributing self-help material it can reach thousands of people who couldn’t get representation or advice otherwise. 8

Nashville Bar Journal - March 2011

Lay professionals, such as staff at neighborhood centers, domestic violence shelters and senior citizen centers – as well as lawyers who don’t work in these fields – benefit tremendously from Legal Aid’s brochures, which allow them to give basic, accurate information to lowincome people. Adinah Robertson leads the Legal Aid’s Community Education division. It is widely recognized as one the most effective, professional community education programs in the nation. It is especially known for being able to present complex information in a way that can be understood by people with limited reading skills. The health brochures are written at about a fifth grade level and can be understood by more than 80% of all Tennesseans. In contrast, this article is written at about an 11th grade level, which means that more than half of all Tennesseans – and a greater percentage of the people who really need this kind of information – will probably not be able to read it. Each Brochure is for One Category of Person Who Might Benefit from the New Law To keep the material simple, each of the three brochures is written for one category of the

new law’s beneficiaries: people on Medicare, people with private health insurance, and people with no health insurance. This format prevents people from wading through a lot of information that is not applicable to them. Although many of the Act’s significant benefits do not start until 2014, there are important new benefits that people need to know about right now. Summary of Critical Information For People with Private Health Insurance: • An insurance company cannot drop a person for getting sick. • The law abolishes lifetime limits on coverage.

For People with No Private Health Insurance: • They do not have to buy health insurance until 2014. • Small companies (generally 25 workers or less) that do not offer insurance can now get a tax credit to help them do so. • Benefits that prohibit denying care to children for having pre-existing conditions, and that require young adults under 26 to be included in their parents’ private insurance are also important to uninsured people. For People with Medicare: • They can now get free annual wellness visits.

• Most insurance plans cannot turn down children because of pre-existing conditions.

• They can get free coverage for preventive care and tests involving such issues as:

• Children under age 26 can be included under their parents’ plan.

• How to prevent falls; and

• Insurance companies must now spend specific amounts of their money – at least 80 to 85% – on paying for health care. • Small companies can start providing wellness programs for workers. • Private plans must now offer certain free services, including checkups, pneumonia and flu shots, blood pressure tests, diabetes and cholesterol tests, many cancer screenings, pregnancy care, and regular wellness visits for infants and children. It is also important to know that, beginning January 1, 2011, the law prohibits people from using Health Savings Accounts to pay for over-the-counter drugs without a prescription. Patients may want to talk with their doctors about getting prescriptions for over-thecounter drugs.

• Memory checks • Help from trained professionals to stop smoking, lose weight and get more exercise. • Free nutrition advice for people with diabetes and kidney disease. • Free shots to protect from flu, pneumonia, and liver disease. • Free cholesterol and other heart tests. • Free diabetes tests. • Free bone strength tests. • Certain free cancer screenings. • Free HIV tests. • For people who retire between age 55 and 64, the new law offers an Early Retiree Reinsurance Program. This program helps companies pay big medical bills, as a way to make it easier for companies to keep retirees on their plans.

• Half-priced covered brandname drugs for people who fall in the Medicare drug plan’s “donut hole” in 2011. This applies to people who receive the maximum payment for drugs and have to pay all their own costs until they reach the out-of-pocket limit. (Last year, people in the “donut hole” should have received $250 to help with bills during that year. Those who did reach the limit but didn’t get the check should call Medicare, at 800-633-4227, to find out why.) All three brochures include information about how to get more information about the new law. Additional information is also on the government’s new website at www.healthcare.gov. The Legal Aid brochures also include valuable information about how to avoid some of the many consumer scams that have arisen in response to the new law. This advice may seem too plain and simple to be necessary. In fact, professionals who work with people needing health care are unanimous in saying that people are being defrauded every day, and that this advice is valuable. For example, the brochures warn people: • Do not pay anyone for help from the new Health Care Law. • Do not give anyone a Social Security, credit card or bank account number. • Do not talk to anyone who calls or comes to the door about the new law. (The U.S. Government has said flatly that it will not send anyone out to do that.) • Do not talk to anyone who offers help with “ObamaCare” or the “Obama Health Plan.” • Do not pay anyone to get you a Continued on Page 16 

Nashville Bar Journal - March 2011

FEATURE

WHAT IS A FAMOUS MARK? (And why should I care?) by:

David Winters

Once upon a time, law was simple, so simple that “ignorance of the law” was really and truly “no excuse,” for any malefactor. In those days, laws did not change much, and the principles were solid as the Rock of Gibraltar. Anybody with a little horse sense could understand them.

Such terminology makes the whole issue sound rather minor. Tarnished, blurred; nothing that a little polish and a pair of reading specs cannot fix.

Trademark law was that way. Oh, we grant that the good and sensible Common Law of trademark got “sophisticated” by a bunch of arbitrary statutes. But these statutes, by and large, merely implemented what we already knew to be law. Practicing members of the Venerated Guild of Snooty Scalawags Posing as Brilliant Oracles (aka “lawyers”) could dress up common sense with a few ornamental Latin phrases and confidently secure their fees with little fear that their advice might be far from the mark, and with little worry that their pronouncements might not be anchored in sound precedent. In short, all was right with the world.

This is, in fact, a BIG deal. Up to that time, a trademark was a trademark was a trademark. If one trademark resembled another trademark, then a straight-forward test could be applied to determine whether either infringed the other. All lawyers learned it in the first year of law school. We call it the “Likelihood of Confusion.”3 Under this rule could flourish, for example, a LEXUS automobile and a LEXIS online research system with nary a whimper of litigation. Further, Apple Records and Apple Computers could live, if not in peaceful harmony, then at least in grumpy co-existence. This was so because, for anyone capable of distinguishing a hinged arm joint from a small posterior orifice, there was no likelihood of confusion.4

This, of course, could not be tolerated. With the right doctors and enough silver crossing palms, even the best of health can be undone. And so it was with trademark law. In this case, the prescribed quackery was the Federal Trademark Dilution Act of 1995. This act 1 departed from established law, and accorded special status to “famous” trademarks. It adventurously sallied forth to abandon tried, true, and lawful concepts, venturing into realms governed by vague, wooly, but newly fashionable, ideas like “tarnishing” and “blurring.”2 10

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But, it is not minor.

But, when our legislature created the status, “famous marks” (bless their lobbied little hearts) this simple and equitable rule got moved to the thirdclass steerage berthing in order to provide preferred seating for a wealthy and privileged few. This new status dictates that if your mark is “famous” you

need no longer abide by the “Likelihood of Confusion” rule. It could now be infringed by mere “dilution” or “tarnishment,”…whatever that means. This jury-rigged statutory rust bucket was sailed out to clear the sea-lanes for high-tonnage leviathans dubbed “famous.”5 The battle plan was to flank established law and create a situation in which, no matter how disparate their markets, one little trade-mark could still be found to unlawfully “tarnish” or “dilute” a big famous mark and thereby draw litigious cannon fire. But, only the big guys were to be permitted this maneuver. Sauce for the goose was no longer sauce for the gander. On the whole, this arbitrary re-arrangement of well-settled law was about as popular (with the courts) as a torch-juggler in the ammunition magazine. The Supreme Court gunners blasted it out of the water as soon as it got into range.6 However, they say a legislature, “once bought, should stay bought.” So, in unswerving loyalty to this particular established tradition, Congress slapped on some hemp and tar (the sailors version of duct tap and chewing gum), jibed violently, and came around for another drunken pass.7 That is to say, they patched up the statute and launched it AGAIN. Thus far, the judicial gunner-mates have not been presented with opportunity for another broadside. So, at present this unseaworthy statutory coracle sails as the law of the land.8 Accordingly, under the present status quo, the great and powerful now get a pass on the old standard under which the rest of the unwashed masses must squeeze themselves for protection. In thumbnail explanation of the present situation, if a mark is deemed a “famous mark” then, essentially any use of a similar mark in any stream of commerce, no matter how remote, may be pronounced

an unlawful “dilution” or “tarnishment” of the famous mark’s sacred and true meaning. And further, mere use of something similar may be only one of many roads to this evil end. Even use of a mark that is utterly quite the opposite from a famous mark may lead there. What a mess. Unfortunately, in their attempt to, for the favored few, render moot the “probability of confusion” standard, our legislative bodies have opened a fresh, new, and unpredictable flagon of legless, sightless, subterranean dirt-dwellers bearing brand new questions. Lead amongst these questions are: • How famous must a mark be, to be “famous”? and • How can I dilute thee? (Let me count the ways.) With respect to the first of these questions, it seems everybody now expects or hopes for admission to the “Famous Marks Club.”9 For example, Mensa recently undertook a suit for trademark dilution. Yes, indeed, that magnificent and universally admired organization……(What is it called again?)…. in righteous indignation filed suit to protect its universally recognized identity. (What was that name, again?) Note that this organization (What was their title?) did, from a practical business perspective, prevail in their suit.10 The court agreed that they are famous. So, the fact that most people have never heard of them is apparently not a strong indicator of fame, legally speaking. The simple truth is, nobody knows who the famous club members are. With respect to answering this question, as cases arise, we appear to be headed for a “I can’t tell you what it is, but I know it if I see it” principle of legal discernment. This does not bode well for clear sailing directions.

With no clear star to steer by, navigation gets tricky. The key “degree of recognition” standard laid out for guidance in the act appears to provide a circular definition. “…a mark is famous if it is widely recognized by the general consuming public of the United States.”11 In other words, it is famous if it is famous. This is not potentially useful guidance. Perhaps, if the courts continue on the course laid in under the “Mensa” decision, above, ultimate achievement of equity will come from all marks being effectively deemed “famous.” If that happened, then in all cases, “stream of commerce” involved would be moot, as would “likelihood of confusion.” But, the playing field would be level. With the Internet now making world-wide commercial presence available to even the most humble seafarer, automatic entitlement to “famous” status is not unreasonable. With respect to the second question, (“How can I dilute thee?”) an important matter to note is that mere use of a similar mark is not the only route to litigation. Apparently, we can run ourselves legally hard aground even by turning our stern on the crowded inland waterways and steering away for the open sea. It seems that one can infringe by being TOO different. In demonstration of this, a recent case indicated that use of a mark diametrically dis-similar to another mark can get us into litigious shallows, just as promptly as using one mark that resembles another. We refer here, to the case popularly known as “North Face v. South Butt” wherein the former sued the latter for trademark dilution.12 It is difficult to imagine two more dis-similar marks. What does all this mean to the aspiring entrepreneur, or his legal counsel? Well, first, it means that trademark choice Continued on Page 15 

Nashville Bar Journal - March 2011

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

Legal Apps in the Cloud We have written previously about the phenomenon known as "cloud computing"; and while we're still not ready to ditch our servers and PCs entirely and ride the clouds to computing nirvana, recently we have seen some interesting law office cloud applications. The exhibition hall last month at LegalTech New York 2011 was abuzz with new cloud applications as well as cloud extensions of some of our favorite traditional applications that have been around for a while. Our view is that one should use aspects of the cloud when it makes sense to do so and when the benefits outweigh the cost. Here are some cloud applications that we saw at LegalTech that we think are interesting and promising: Worldox iPad App Worldox is a traditional document management system that has been around for some time. There has also been a Web/ Mobile module (sold separately) that allows Worldox users to access the firm's documents via the web. Now, Worldox has taken remote access one step further with the introduction of the Worldox iPad App. This is a free app that can be downloaded via the Apple iTunes store. With the new iPad app, a user that already has Worldox GX2 (the company's latest version) and the Web/Mobile module add-on, can now access any of the firm's documents via a very intuitive iPad application. We saw a demo at LegalTech and can't wait for the final version to be released very soon. Obviously, this app resolves one of the major complaints of users who want to review documents on their iPad computers: not having a convenient way of migrating those documents to the iPad. With the Worldox iPad app, any document in the system is as accessible as it is from your desktop in the office. For more information, visit www.worldox.com/ipad. TextFlow TextFlow is basically document comparison software on steroids in the cloud. We all have used various programs to create legal blacklines to see the changes made between two documents. TextFlow takes this process to the cloud, allowing users to do document comparisons without having 12

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to purchase any software. In addition, TextFlow boasts of providing more than just a legal blackline, but an actual step-bystep change history of the document with colorful, user-friendly reports. It will allow comparisons between Word and PDF documents as well. Instead of purchasing software, you subscribe to the service for a monthly fee. For more information visit www.nordicriver.com. TrialTouch TrialTouch is another iPad application that allows a user to display and annotate electronic exhibits in court. With this system, the application resides on the iPad, but all of the data resides in a cloud repository (sold by DK Global). So with TrialTouch, one can upload all of their trial exhibits, videos, photographs, animations, etc. to the cloud and then be able to present them from their iPad in the courtroom. A caveat to this approach is that a consistent, fast internet connection in the courtroom is required (something that makes us a little bit nervous). Nonetheless, being able to walk into the courtroom with nothing more than an iPad tucked under our arm is very appealing. For more information, visit www.trialtouch.com. ContractExpress ContractExpress is a cloud-based document assembly program. With this service, you can create your document templates using Microsoft Word and then upload to your account on ContractExpress. You can then use the system to create webbased answer templates where you collect user data from your clients via the web and then use this data to automate document creation. Document assembly software has existed for a long time in law firms. The jump to the cloud is intriguing in that no upfront software purchase is required. In addition, the ability to interact with clients via the web to facilitate document creation automation is a real plus. For more information on this service, visit www.contractexpress.com.

Windows Live Yes, Microsoft has been moving more and more toward a cloud model for some of their most popular applications; but, make no mistake about it, their flagship productivity software, Microsoft Office, is still sold on a software license basis and Microsoft's cloud services are meant to extend and amplify the use of their traditional products. Windows Live is an example. Anyone can sign up for a free Windows Live account at www. windowslive.com. With this free account, you get your own Hotmail e-mail account (for what it's worth); an instant messenger application and account; as well as a 25GB "SkyDrive." The "SkyDrive" is the interesting giveaway on Windows Live. With MS Office 2010 not only can you create and manage documents on your workstation using Word, Excel, PowerPoint, etc.; but you can also upload those documents to your personal "SkyDrive" (without leaving the application) and provide access to other users who can read and/or edit those documents via the cloud. For example, you could create a contract in Word, upload it to your SkyDrive, e-mail a link to a colleague, and then both could work on the document simultaneously either with the traditional Word application or via Microsoft's Web Word application. Neer Finally Neer is a GPS-based app for smartphones that we were introduced to at CES 2011. With this really cool cloud application, you can set up a list of pre-defined locations as well as a pre-defined list of "friends" that you want to track. With the Neer app installed on the smart phones of your "friends", you can track when they arrive or depart any of the pre-defined locations that you have set up. The most obvious application of this system is for parents to keep track of their kids by defining locations such as "School," "Home," "Library," "Friend's House," etc. However, there are other interesting applications that we could think of. Maybe we'll try it out and report back. In any event, to learn more visit www. neerlife.com.  See you next month, Bill & Phil

Dedication of the Tom Shriver Towers by:

Torry Johnson and Walter Kurtz

On April 21, 2011, at 3:30 p.m. the towers on the southeast corner of the Historic Courthouse will be dedicated to the memory of former Judge and District Attorney Tom Shriver. By ordinance of the Metro Council, these observation towers overlooking the Public Square Park shall now be called the “Thomas H. Shriver Towers.” This ordinance was introduced by Councilman Mike Jamison pursuant to a resolution of the Board of the Nashville Bar Association. For more than 30 years, Tom dedicated his life to public service and profoundly influenced the development of Nashville’s criminal justice system in the latter half of the twentieth century. He was determined to see that all citizens had equal access to justice, particularly during a time of great social change. The naming of these towers in his honor is a fitting recognition of his career of accomplishment. The Master of Ceremonies will be Ed Yarbrough. Mayor Dean, two of Tom’s former assistants, Justice Al Birch, Judge Martha Craig Daughtrey, and Tom’s brother, Richard Shriver, will make remarks about Tom’s career and his impact on the courts, the system of justice, and our community. All members of the Bar are invited to attend. Many remember Tom’s long service as District Attorney General (1966-1987) and Criminal Court Judge (1987-1997) before his untimely death in 1997. Tom was a Nashville native and the son of Judge Thomas A. Shriver. Tom was a graduate of Vanderbilt Law School in the famous class of 1957 along with Jim Neal, Judge Thomas Higgins, George Barrett and John Hollins, Sr. Tom began his political career in the Tennessee Legislature; he was elected to the House of Representatives in 1960 and the Senate in 1962. In 1964, at the conclusion of his term in the Senate, he was hired as a prosecutor in the United States Attorney’s Office for Middle Tennessee.

In 1966, he was elected Davidson County District Attorney where he served until 1987 and earned a reputation as a fair and tough prosecutor. Tom directed great change in the Office of the District Attorney General. He sought to hire young attorneys eager for experience. He did away with part time prosecutors and no longer allowed victims or their families to hire private attorneys to act as special prosecutors. He also began the first victim witness assistance program in the sate. He hired the first African-American prosecutor in the South, Justice Adolpho A. Birch, a retired member of the Tennessee Supreme Court. He also hired the first female prosecutor in Tennessee, Martha Craig Daughtrey, who presently serves as a member of the United States Court of Appeals for the Sixth Circuit and is a former Tennessee Supreme Court Justice. Many people hired by Judge Shriver have become prominent members of the legal community serving as prosecutors and Judges for the Trial and Appellate Courts. During Tom’s tenure as District Attorney, he was involved in a number of celebrated prosecutions such as the trials of Bill Powell for the murder of Capitol Chevrolet owner Haynie Gourley; Parker, Canady and Allen for the deaths of two (2) Metro police officers; James Thomas Jefferson for a brutal ax slaying; and John and Marvin Brown for the robbery and murder of David “Stringbean” Akeman and his wife. As a prosecutor, his reputation for fairness and equal justice always guided his prosecutorial decisions. Tom became the Judge of the Davidson County Criminal Court, Division I, in 1987 where he served with distinction until his death. He brought honesty, integrity, wisdom, and compassion to the bench. He liked people and cared about what happened to them. He had a strong dedication to public service. He had a warm personality, and he never lost his sense of humor.

Judge Randall Wyatt, a former assistant, remembers, “He was an honest, caring public servant, and he always treated people fairly. He was a great boss and a good and trusted colleague.” Tom was a life long member of Belmont United Methodist Church, where he taught a Sunday School class for over twenty-five years. Beginning in 1968, Tom taught Crimes, Criminal Procedure, and Constitutional Criminal Law to first year law students at the Nashville School of Law. Not only did he develop personal relationships with many of his students, but many subsequently served under him at the District Attorney General’s office and appeared before him in the Criminal Court. Tom was an avid collector of antique cars, watches and radios. Although he possessed a collection of watches, he was known as a person who operated on his own time. He belonged to the Antique Car Club of America, the Classic Car Club, and the Horseless Carriage Club. He spent most vacations with his family driving in antique car caravans throughout the United States. Every autumn, he traveled to Hershey, Pennsylvania for one of his favorite events, the Antique Auto Club of America’s auto show and flea market, and he always brought back assorted Hershey chocolates to his friends at the courthouse. Moreover, he was a man with many diverse interests: he was a skilled mechanic; he was a history buff known to recite stories of the Civil War, Andrew Jackson, and Nashville politics; and he was a music lover who played the mandolin in a bluegrass band. n Nashville Bar Journal - March 2011

IT’S YOUR MOVE! Construction of the new Nashville Bar Association and Foundation headquarters is underway! The member “guest attorney office” has been framed out, cabling to enable video conferencing and network connectivity have been installed, and the Conference Center designed for meetings, CLE seminars, and other functions is rapidly taking shape. Wifi is ready to use throughout the space. 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 over 80% 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 February 24, 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 - March 2011

WHAT IS A FAMOUS MARK? (And why should I care?) Continued from page 11

instantly became more risky. And trademark searches just became more complex, expensive, and less dependable. Before settling on a new trademark, not only should a competent “likelihood of confusion” infringement search be executed, but also a dilution search. In doing this search, we must remember that we don’t really know, yet, what dilution may comprise. Ideally, the dilution search should address not only similar marks, but also dissimilar marks that call to mind contrast with some other mark, as in South Butt and North Face, above. Watch out for “parody” marks. (We wish you good luck with that one but don’t hold a lot of hope for success.) For sure, a business owner should be advised to take even greater care than has been traditional in choosing a new trademark. The cost of a bad choice can be economically disastrous to a large business, and fatal to a small one. n

Forgive the deeply technical legal jargon.

Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003). In this case, deigning to address the issue of “dilution” only, the court declined to explore the question of whether anything could possibly tarnish the name and reputation of Victoria’s Secret.

Trademark Dilution Revision Act, 15 U.S.C. § 1125 (2006).

Id. After a majority of justices left, the Dilution Act holed and grounded, Congress (bless their lobbied little hearts) composed a snappy legislative reply to the Supreme Court decision. Supreme court decision summarized, “This leaky tramp is adrift and woefully lacking in substantive guidance. We don’t buy it.” Carefully composed Congressional reply, summarized, “Oh, yeah?” Tommy Smothers would have been proud. Quoting the revised act in greater detail, the owner of a famous mark can prevail against another person who, “at any time after the owner's mark has become famous, commences use of a mark or trade name in commerce as a designation of source that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.” Trademark Dilution Revision Act, § 1125(c)(1).

10. American Mensa, Ltd. v. Inpharmatica, Ltd. et al., No. 07-3283 (D. Md., Dec. 6, 2007). Apparently, the fact that my spell checker does not recognize “Mensa” is not a strong indicator in determining “fame” either. 11. Referring to the Trademark Dilution Revision Act, Sec. 2 (c)(2)(i)-(iii), “Famous” depends on, inter alia,

•

The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties.

•

The amount, volume, and geographic extent of sales of goods or services offered under the mark.

•

The extent of actual recognition of the mark.

•

Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.

North Face Apparel Corp., v. Williams Pharmacy, Inc., et al., No. 09-CV-01029 (E. Mo., Dec. 10, 2009). A dispute in which the defendant is reputed to have succinctly pointed out that, (essentially) anyone who cannot distinguish “face” from “butt” has more pressing issues than trademark confusion.

12.

NOT inclusive of Groucho, Harpo, Chico, Zeppo, Gummo, or Karl.

David Winters is a Tennessee patent attorney admitted before the Tennessee Supreme Court, the US Patent Bar, and the United States Supreme Court. A graduate of the US Naval Academy and a number of universities in the US and abroad, he holds a Masters Degree in information systems and previously established business and technical consulting practices in Europe and Asia. He is author of numerous books, articles, and other publications. (Endnotes) Apparently based on previously unknown definitions for terms such as “fairness,” “justice,” and “equality.”

The “blurring” concept concisely demonstrating that justice, though not blind, may, indeed, need glasses.

Polaroid Corp. v. Polaroid Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961).

There were states, like California, congenitally obsessed with privileges of the rich and famous (See California’s anti-paparazzi law codified at Cal. Civ. Code § 1708.8.) that had, prior, tentatively ventured away from our solidly founded trademark principles. But, California is, after all…..California. (See California Business and Professions Code Sections 14330-14335, Article 12. Dilution.)*

* OK, so we do grudgingly admit that Tennessee has a dilution statute, too. But, nobody uses it. See Tenn. Code Ann. § 47-26-513(a); see also AutoZone, Inc v. Tandy Corp., 373 F. 3d 786, 801 (6th Cir. 2004)(“There are no Tennessee cases that analyze this statute….”).

Nashville Bar Journal - March 2011

New Legal Aid Society Brochures Describe Benefits of Health Reform Law Continued from page 9

prescription drug card or dental care. • Someone who thinks they have been defrauded should call the Tennessee Fraud Investigation office at 800-792-7573. Legal Aid’s booklet is written specifically for Tennesseans. The impact of the new Health Care Law may be different in other states. Of course, the brochures and this summary do not include all the qualifications, exceptions, interpreta-

tions and regulatory amendments that might affect some people. Free copies of the brochures can be downloaded from the Legal Aid Society’s web site, at www.las.org. Free hard copies are available by calling 615-244-6610. n

Neil McBride is a graduate of the University of Virginia Law School. He is General Counsel for the Legal Aid Society and Managing Attorney of its Oak Ridge office. He is a past president of the Anderson County Bar Association and a member of the Tennessee Bar Association’s House of Delegates. In 2011 he received the Tennessee Bar Association’s Ashley T. Wiltshire Public Service Attorney of the Year Award. He is a former adjunct professor at the University of Tennessee College of Law and is a member of the Board of Directors of the Tennessee Valley Authority.

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 615-2429272 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)

Nashville Bar Journal - March 2011

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 - March 2011

Rumors Of The Legal Profession’s Demise Are Greatly Exaggerated Continued from page 7

III. Rural Tennessee Job Market30 Are there too many lawyers in Nashville, Memphis, and Knoxville? Reasonable people can disagree on this question. Are there too many lawyers in Moore County, Tennessee? Reasonable people cannot disagree on this question because there are no active resident lawyers in Moore County. Although Moore County is unique, it exemplifies the disparity of legal services between urban and rural counties in Tennessee and most other states. In other words, there is an existing need for lawyers in rural Tennessee. Career opportunities for lawyers outside of Tennessee’s four urban centers will continue to expand over the next decade. Today, 68% of Tennessee’s lawyers live and work in Shelby, Davidson, Knox, and Hamilton Counties, where 37% of Tennesseans live. These counties have a collective lawyer/resident ratio of 1:233 which approximates the national ratio of 1:260. Davidson County has the highest concentration of lawyers with a lawyer/resident ratio of 1:154. The next fourteen most populous counties31 are home to 28% of Tennessee residents and 20% of Tennessee’s lawyers. The cumulative lawyer/resident ratio in these counties is 1:599. Each of these counties has experienced significant economic growth during the past decade. Rutherford County, for example, is the fastest growing county in Tennessee. The median household incomes in these counties account for fourteen of the top twenty median household incomes in Tennessee. Indeed, Williamson County has the highest median household income in the state, and the median household income of six of these counties32 exceeds the median household income in the four urban counties.

Nashville Bar Journal - March 2011

The remaining seventy-seven counties account for 35% of Tennessee’s residents and only 12% of its lawyers. The average lawyer/resident ratio in these counties (1:1,288) is four times greater than the average lawyer/resident ratio in the eighteen largest counties. In fact, fifteen of these counties have five or fewer lawyers residing in them,33 and one (Moore County) currently has no active resident lawyers. These numbers create the impression that people living in rural counties don’t buy real estate, start businesses, get divorced, declare bankruptcy, or do any of the other things for which lawyers are essential. This is simply untrue. Because the average rural lawyer tends to be older than his or her urban or suburban counterpart, the relative shortage of lawyers in rural Tennessee is likely to worsen over the next decade. Currently, 19% of the lawyers practicing in the four urban counties have been practicing thirty years or more.34 In the fourteen next most populous counties, 20% of the practicing lawyers have been practicing for thirty years or more. The percentage of lawyers practicing thirty years or more jumps to 29% in the remaining seventyseven counties. Thus, the percentage of replacement positions in the rural counties will undoubtedly exceed that of the urban and suburban counties in the coming years. Ascertaining where the legal work is and where it will be in the future is not an easy task because of the diverse nature of the work that lawyers perform and the lack of reliable data. While the availability of work is influenced by population, it can also be predicted by court filings. During the period from July 2008 through June 2009, 36% of the filings in Tennessee’s courts of record occurred in the counties containing Tennessee’s

four largest cities. The next fourteen most populous counties accounted for 28% of the total filings, and the remaining seventy-seven counties accounted for 36% of the total filings (but only 12% of the lawyers). Because of the concentration of lawyers in the more populous counties, the ratio of filings per lawyer in the seventy-seven smallest counties was 64:1, while the ratio was 11:1 in the four urban centers and 29:1 in the next fourteen most populous counties. IV. Conclusion There are few guarantees in life. Graduation from law school is not a guarantee of wealth and happiness. The same, of course, could be said of graduation from medical school, business school, or any other undergraduate or graduate program. Nevertheless, the job prospects for smart, hard-working lawyers appear relatively bright over the next decade. Of course, these are merely projections, and projections are not fail-safe, but they are better than anecdotes. n Jeffrey S. Kinsler is the Dean of Belmont University College of Law. William C. Koch, Jr. is a Justice of the Supreme Court of Tennessee. (Endnotes) U.S. Bureau of Labor Statistics, Occupational Outlook Handbook, 2010-11 ed., http://www.bls.gov/ oco/ocos053.htm [hereinafter “Occupational Outlook Handbook”].

Scott Jaschik, Questioning “Unemployed J.D.” , Aug. 5, 2010, http://www.insidehighered.com/ news/2010/08/25/hunger.

Jessica Heslam, BC Law Student Asks for Money Back, Oct. 20, 2010, http://www.lawschool.com/moneyback. htm.

Inside Higher Ed, Law Degree for Sale?, Mar. 1, 2010, http://www.lawschool.com/forsale.htm.

In October 2010, Paul Volcker, former Chairman of the Federal Reserve, told a college freshman that “[t]he current economic problems will take time to work out [and] that job prospects should be better by the time [the student] graduates.” Volcker Sees No Short-Term Inflation Problem for U.S., Oct. 26, 2010 http://www. cnbc.com/id/39844231 (page has expired; on file with author).

Phil Izzo, What’s the Unemployment Rate for Your Profession?, Jan. 11, 2011, http://blogs.wsj.com/economics/2011/01/11/whats-the-unemployment-rate-foryour-profession/.

Id.

Id. The unemployment rate is not determined by the number of persons claiming unemployment insurance benefits. Rather, the Bureau of Labor Statistics calculates the unemployment rate with a monthly household survey. See U.S. Bureau of Labor Statistics, How the Government Measures Unemployment, Oct. 16, 2009, http://data.bls.gov/cgi-bin/print.pl/cps/ cps_htgm.htm. 10

11 Occupational Outlook Handbook, supra note 1. U.S. Bureau of Labor Statistics, Occupational Outlook Handbook, 2010-11 ed., http://www.bls.gov/oco/ ocos053.htm. 12

Id.

15 U.S. Bureau of Labor Statistics, Economic News Release: Table B-1. Employees on nonfarm payrolls by industry sector and selected industry detail, Jan. 7, 2011, http://data.bls.gov/cgi-bin/print.pl/news.release/ empsit.t17.htm. 16

Id.

Drew Combs, Polish Up the Resume: Hiring Looks to Pick Up in 2011, AmLaw Daily, Dec. 15, 2010, http:// amlawdaily.typepad.com/amlawdaily/2010/12/hiring. html. 17

18 American Bar Association, Enrollment Degrees Awarded 1963-2009,http://www.abanet.org/legaled/ statistics/charts/stats%20-%201.pdf. 19 Peter Gorenstein, More Regulation: â&#x20AC;&#x153;Great for Lawyers and Accountants.â&#x20AC;? Bad of Business, Sept. 29, 2010, http://finance.yahoo.com/tech-ticker/ more-regulation:-%22great-for-lawyers-andaccountants,%22-bad-for-business,-says-frank-holmes-535462.html?tickers=%5Edji,%5Egspc,eem,epp, rsx,XLF,FAZ.

CNNMoney.com, Best Jobs in America, Nov. 2009, http://money.cnn.com/magazines/moneymag/bestjobs/2009/full_list/index.html.

21 CNBC.com, Highest-Paying Jobs: 2010, May 14, 2010, http://www.cnbc.com/id/30644766?slide=7. 22 CNBC.com, Six-Figure Jobs in Demand, Oct. 19, 2010, http://www.cnbc.com/id/39742427?slide=9. 23 The Big Payoff: Educational Attainment and Synthetic Estimates of Work-Life Earnings, U.S. Census Bureau (July 2002), at 4. 24 Center of Regional Economic Competitiveness, Leveraging the Labor Force for Economic Growth, at 28 (Aug. 2010), available at http://www.nashvillechamber.com/Libraries/Workforce_Study_2010/Full_Study. sflb.ashx. 25

Id. at 25.

Id.

27 Id. at 28. In particular, the study projects that there will be 2,065 new and replacement jobs for lawyers by 2019. Center of Regional Economic Competitiveness, supra note 24, at Appendix, available at http:// www.nashvillechamber.com/Homepage/WorkNashville/WorkforceStudy.aspx. 28 Center of Regional Economic Competitiveness, supra note 24, at 25. 29

Id. at 33.

The data in this section was obtained from the Tennessee Board of Professional Responsibility in November 2010. 30

31 Rutherford, Williamson, Montgomery, Sumner, Sullivan, Blount, Washington, Wilson, Bradley, Madison, Sevier, Maury, Anderson, and Putnam. 32 Williamson, Wilson, Sumner, Rutherford, Montgomery, and Blount. 33 Bledsoe (3), Clay (3), Grundy (4), Hancock (1), Houston (5), Lake (4), Meigs (4), Moore (0), Perry (1), Pickett (3), Polk (3), Stewart (2), Union (5), Van Buren (2), and Weakley (4). 34 These percentages range from 16% in Davidson County to 28% in Hamilton County. Currently, 21% of the lawyers practicing in Shelby and Knox Counties have been practicing for 30 years or more.

Nashville Bar Journal - March 2011

PIONEER WOMEN JUDGES

In honor of Women’s History month, the Nashville Bar Journal recognizes Middle Tennessee’s pioneer women judges. Long ago Omar Khayyam said, “The moving finger writes, And having writ moves on . . .”

With the retirement of Judge Muriel Robinson from the Fourth Circuit Court in 2009, and the retirement of Rose Cantrell from the practice of law, we are reminded just how well old Omar knew his business. Think back to 1982. Ronald Reagan was president of the United States. Lamar Alexander was running for a second term as Governor of Tennessee. Women lawyers were showing up in increasing numbers as trial lawyers, in corporate board rooms and on law school faculties. But as far as the gender of the state trial courts in Davidson County was concerned, the year could have been 1870. No woman had ever sat on any of the twelve local courts of record. Things were about to change. 1982 was an election year. Judge Steve North had decided to run for District Attorney General. When he entered the Democratic primary for the nonjudicial post, he had to resign from the Fifth Circuit Court. Seizing the opportunity to make history, Governor Alexander appointed Rose Cantrell to fill the vacancy. Already a pioneer of sorts – she was only the third woman to have been elected to the board of the Nashville Bar Association – Rose Cantrell became the first woman to serve as a judge in Davidson County and only the second one in the State of Tennessee. She was only halfway up the mountain, however. She would have to stand for election in August against Carol McCoy or Walter Kurtz, who were in a tight race for the Democratic nomination. Judge Benson Trimble had announced he would not seek another term as judge of the Fourth Circuit Court. Three men and Muriel Robinson qualified to run for the Democratic nomination. Barbara Haynes entered the Democratic primary 20

Nashville Bar Journal - March 2011

to challenge a sitting General Sessions Judge. Suddenly, women lawyers were seeking their own judicial fortunes, greeting voters at the shift changes at the Glass Plant or on Rolling Mill Hill; they were running ads, speaking at PTA meetings and at the Labor Temple; they were debating their male opponents in public meetings. And when the dust cleared on the morning after the August election, Muriel Robinson and Barbara Haynes were judges-elect. Walter Kurtz had defeated Rose Cantrell in a spirited campaign for the Fifth Circuit Court. With two publicly-elected women judges, a new day had dawned, but the courthouse didn’t collapse. The moving finger simply moved on. Fast forward to 2011. Three women sit on the United States Supreme Court. Three of five Justices on the Tennessee Supreme Court are women. Of the eighteen courts of record in Davidson County, women preside over seven of them. In counties large and small across the state, women judges are putting their own special stamp on history. As for Judges Cantrell, Robinson, and Haynes, the rest, as we say, is history. Judges Robinson and Haynes went on to have distinguished judicial careers. Judge Robinson served for twenty-seven years on the Fourth Circuit Court, perhaps the most difficult judicial post in the state. Dealing exclusively with domestic relations cases, she saw the raw side of humanity day after day without letting it affect her judgment or prevent her from doing what she thought was right. After a stint as a General Sessions judge, Judge Haynes now serves in Division III of the Circuit Court. Known for her

attention to details, she has a grasp of all the issues in the cases that come before her and a firm idea of how the cases should be tried. Go to her court on motion day and you will marvel at how well she has studied the record and has acquainted herself with the substantive legal issues. Don’t go if you aren’t prepared to answer a few pointed questions. Rose Cantrell went back to the practice of law in September of 1982. She was elected second vice-president of the Nashville Bar Association in December of 1982. She remained active in the Lawyers Association of Women, serving as president in 1995-1996. She served for six years on the Supreme Court’s Rules Commission. For twenty-five years she was a senior partner in the law firm of Parker, Lawrence, Cantrell and Dean, engaged in an active trial practice. Her specialty was the defense of medical malpractice claims. Although short, her judicial career helped make history. 1982 – it still seems like yesterday. Women lawyers began to show that they were not content to leave the judiciary in the hands of their male colleagues. n Thomas V. White is one of the founders and a partner in the law firm of Tune, Entrekin & White, P.C. White has extensive background in the areas of litigation and land use planning for residential and commercial builders. He has served for two terms as a Board member for the Nashville Bar Association and served as the President of the Nashville Bar Association in 1996. Ben H. Cantrell is a partner in the law firm of Tune, Entrekin & White, P.C. He served for more than thirty years as a trial and appellate judge. He is a member of the Nashville and Tennessee Bar Associations, a fellow of the Nashville and Tennessee Bar Foundations, a member of the Board of the Tennessee Supreme Court Historical Society, a member of The Harry Phillips American Inns of Court, and a past chairman of the Board of Trustees of Bethel University in McKenzie, Tennessee.

Nashville Bar Journal - March 2011

Disclosure Ryan N. Stringfellow recently joined the law firm of Morgan & Akins, PLLC, as an associate attorney. Stringfellow will focus his practice primarily on civil litigation, including workers’ compensation, construction and contract disputes, business law, employment law, real estate and land use planning. He received his Bachelor of Science in Building Construction, cum laude, from the University of Florida in 2006, and his Master of Business Administration and Juris Doctor from Samford University. Tim Gary has been named as Health Care Practice Team Leader for Adams and Reese. Before joining Adams and Reese in 2009, Gary served several years of leadership in the private health care and insurance industries, including various positions with Blue Cross Blue Shield of Tennessee, including Senior Counsel for Government Relations, Director of Legal and Regulatory Affairs, Vice President and General Counsel of the Volunteer State Health Plan, Inc., and Chief Compliance and Risk Officer for Governmental Programs. Crownover, Tisinger, P.C. has acquired a new partner and the name has changed to Crownover, Blevins, P.C. Allen Blevins is a CPA, lawyer, and licensed real estate broker. He is a frequent speaker in the areas of estate planning, tax, and corporate issues through various professional investment and banking-related organizations. In addition to his various speaking engagements, Blevins has written articles for several statewide professional publications as well serving as an adjunct professor at various colleges teaching accounting and law courses. He has also been an instructor for the Becker/Convisor CPA review course.

\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

Junaid Odubeko has joined Miller & Martin after transitioning out of his role as Legal Counsel to Governor Phil Bredesen. Odubeko will join the firm as an Associate in the Litigation Department. He earned his J.D. from Vanderbilt Law School and his B.A., magna cum laude, from the University of Tennessee. Prior to joining Governor Bredesen’s Administration, Odubeko practiced law at Burch, Porter & Johnson in Memphis, Tennessee, where he focused his practice on litigation. Adams and Reese, with attorneys and advisors located in 13 offices throughout the southern United States and Washington, DC, performed a total of 6,300 pro bono hours for more than 100 different pro bono project organizations and causes throughout the nation. The 2010 total was an 18 percent increase from the 5,314 pro bono hours in 2009. Larry Thrailkill and Anne Russell have been elected to Belmont University’s Board of Trustees. Russell has practiced law in Nashville since 1984 and has served as an instructor in Wills, Probate and Trusts at the Nashville School of Law since 1995. In addition to Belmont, Russell serves on the Board of Trustees for the National Symphony Orchestra of the Kennedy Center in Washington, D.C., Nashville Symphony, the Cheekwood Museum of Art and Botanical Gardens, the Hermitage, and the Tennessee Performing Arts Center. Thrailkill ran a private law firm and served as Chief Operating Officer of the Edward J. DeBartolo Corporation. During his tenure there, he served as President of the San Francisco 49ers NFL team for the 1998 season. Thrailkill is a former chairman of the university’s Board of Trustees.

Anna Cates Williams has joined Special Counsel, Inc. as Placement Director of the Tennessee branch, located in Brentwood. In this new role she will focus on lateral attorney placement and business development in Tennessee and nationwide. Previously, she was an attorney at Medical Reimbursements of America in Franklin. Williams earned her law degree from Cumberland School of Law and her MBA from Brock School of Business, both of Samford University in Birmingham, Alabama. 2011 SLATE OF OFFICERS NAPIER-LOOBY BAR ASSOCIATION President L. Nicole James President-Elect David Green Recording Secretary Shameak Belvitt Corresponding Secretary Lora Manson Treasurer John Manson Historian Amy Willoughby Board of Directors Jola Moore Brian Winfrey Andrea Perry Dannelle Walker Nominations Committee L. Nicole James Andrea Perry Brian Winfrey William Stover Amy Willoughby Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

Nashville Bar Journal - March 2011

WELCOME NEW NBA MEMBERS J.P. Barfield Johnson, Scruggs & Barfield F. Laurens Brock Adams and Reese LLP* John B. Coke Nicolo B. Davidson Stites & Harbison, PLLC William Charles Ferrell Jr. Stites & Harbison, PLLC Stephanie N. Frey YMCA of Middle Tennessee Valeria E. Gomez Rachel L. Goodrich Sarah Cannon Research Institute

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DIAL - A - LAWYER Dial-A-Lawyer is held the first Tuesday of each month. February Volunteers: Doug Pierce Tom Lawless Gail Reese

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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.

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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

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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 - March 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.

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Office Space

Nashville Bar Journal - March 2011

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.

MJC

Office Space 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. Firstclass office designed for two attorneys with superior appointments and it is only 4 years old. Call Ron Buchanan 615-822-5700.

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

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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