Nashville Bar Journal
March 2014 - VOL 14, NO. 2
If You Build It…. How “Music City” Became a “Sports Town” Tracy D. Kane
Preparing for a Digital Armageddon Kelly L. Frey, Sr.
The Beatles and the Nashville Bar Foundation Present: The NBF Leadership Forum Robb Bigelow
NASHVILLE BAR ASSOCIATION NO FIRM IS TOO SMALL FOR A COMPREHENSIVE AND AFFORDABLE RETIREMENT PLAN.
2014
Attorney Directory
The aba retirement funds program has provided retirement plan services to firms of all sizes – even solo practitioners – since 1963. We believe today, as we did then, that the unique needs of the legal community are best served by a retirement Program built exclusively to benefit its members.
Call an ABA Retirement Funds Program Regional Representative today at (866) 812-1510. www.abaretirement.com joinus@abaretirement.com The Program is available through the Nashville Bar Association as a member benefit. 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, and is not a recommendation of any security. Securities offered through ING Financial Advisers, LLC (Member SIPC). The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated companies and are not responsible for one another’s products and services.
CN0228-8312-0315
ORDER YOUR NBA DIRECTORY ONLINE TODAY @ WWW.NASHVILLEBAR.ORG 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 2014 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 ---------------------------------------------------------------
NASHVILLE BAR ASSOCIATION
150 4th Avenue North, 10th Floor, Nashville, TN 37219 (615) 242-9272 Fax:(615) 255-3026 www.nashvillebar.org
A Monthly Publication of the Nashville Bar Association
Articles 6 8
Departments
If You Build It…. How “Music City”Became a “Sports Town” Tracy D. Kane
2 4
The Beatles and the Nashville Bar Foundation Present: The NBF Leadership Forum
9 11th Annual Land Rover Race Judicata 10 Preparing for a Digital Armageddon Robb Bigelow
12 19
CENTER SECTION
22
Gary Kinder
24
Columns
Gadget of the Month
Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting
Communique • Golf Tournament • Norman Award • Liberty Bell Award • Arts Immersion • Golden Oldie Reveal • Upcoming Events
CONTINUING LEGAL EDUCATION
Kelly L. Frey, Sr.
18 One Dozen Tips for Better Writing within the Firm
From the President
Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings
Golden Oldie 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.
Nuts & Bolts: Changes in Trial Court Caseloads
Philip E. Smith
NBA Calendar of Events MARCH 12 - 12 PM NALS Committee Meeting MARCH 12 - 12 PM Appellate Practice Committee Meeting MARCH 12 - 1:30 PM Real Estate Committee Meeting MARCH 19 - 12 PM Community Relations Committee Meeting
MARCH 19 - 12 PM Memorial Service Committee Meeting MARCH 20 - 2:30 PM CLE - Divorce Basics (2.0) MARCH 25 - 5:30 PM Criminal Law & Criminal Justice Committee Meeting MARCH 27 - 12 PM NBF Trustees Meeting
MAY 1, 2014 Law Day Luncheon Speaker: Hon. Alberto R. Gonzales @Renaissance Hotel MAY 15, 2014 NBA Golf Tournament @Vanderbilt Legends Club - Franklin, TN MAY 28, 2014 - 6-9 PM Arts Immersion @ W.O. Smith School July 19, 2014 Carbolic Smoke Ball @Hard Rock Cafe - Reverb Room (Upstairs)
Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org
' A Monthly Publication of the Nashville Bar Association
Charles K. Grant, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com
Eleanor Wetzel, Managing Editor 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 Kathleen Pohlid Tim Ishii Tracy Kane Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb
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 Malinda Moseley CLE 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 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (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, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219
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 opinions of the Nashville Bar Association.
Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org
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Nashville Bar Journal - March 2014
From the President
Access to Justice in Tennessee — A Brief Update by:
Charles K. Grant
Equal justice under the law remains one of our most enduring aspirations and most elusive goals. The number of people in need of legal help is daunting. According to the last comprehensive study done in 2003, approximately 1 million Tennesseans were in need of civil legal services but lacked the resources to pay for them.1 This number takes into account not only those living below the poverty level but those who are above it who cannot afford a lawyer. According to the 2000 census, Tennessee had a poverty population of over 700,000, which grew to approximately 1,100,000 by the time of the 2010 census. While the Legal Aid Society of Middle Tennessee and the other legal aid societies and public interest law firms in Tennessee are doing an amazing job given the limited resources available, much more is needed. Thanks to the leadership of the Tennessee Supreme Court and the work of the Access to Justice Commission,2 more creative resources are in place, and more people are getting the legal help they need. On April 3, 2009, the Court created the Tennessee Access to Justice Commission and charged it with developing biennial strategic plans to expand legal services throughout the state. Since then, through the work of the Commission and the Court, the access to justice community has seen greater support from a broader network of lawyers, law firms, corporate legal departments, bar associations, legal service programs, judges, clerks, law schools, librarians, service providers, nonprofits, faith-based organizations, and a wide variety of other entities to accomplish these goals. During the past few years, several additional important and exciting developments have taken place in the form of an increase in the number of lawyers providing pro bono services, the advent of Online Tennessee Justice, and the creation of 1-888-aLEGALz (1-888-253-4259). One of the early goals of the Commission's strategic planning involved ways to increase the percentage of Tennessee attorneys who provide pro bono services. Over the last five years, the number of lawyers reporting pro bono hours has increased from 22% to 47%—an astonishing outcome over such a short period of time. In the Nashville Bar Association's Pro Bono program alone, we have seen strong gains in lawyer participation: Year Total cases Lawyers 2009 2,204 716 2010 2,3223 723 2011 2,307 810 2012 2,589 818 2013 2,883 931 As more opportunities to serve unfold, that number likely will continue to increase. Another important goal of the Commission was the establishment of a statewide pro bono referral network. Enter Online Tennessee Justice (OTJ) (http://www.onlinetnjustice.org/), the nation's first interactive pro bono website. OTJ, a joint project of the Tennessee Alliance for Legal Services (TALS) and the Tennessee Bar Association, is being managed by TALS. OTJ is a web-based pro bono clinic for low-income Tennesseans who might otherwise fall through the cracks in receiving legal assistance. Using a webbased email platform, qualifying users can post questions about their civil legal needs and receive basic legal information and advice from attorneys. The website is easy to use and is convenient for both volunteer attorneys and low-income clients and users.
2014 NBA BOARD OF DIRECTORS
The system screens clients for eligibility and, if qualified, allows them to post a question to a private messaging system. The questions are answered by private attorneys volunteering their time. The latest OTJ Service Report reveals that as of January 2014 over 5600 clients have been served by over 350 lawyers. The impact of the OTJ model is being experienced beyond Tennessee's borders. South Carolina and Indiana have launched their own online justice sites using OTJ software which was provided to them for free. Four additional states have requested the software licensure and a number of other states are considering it. With a grant from the Court (from late fees paid by lawyers to the Commission on Continuing Legal Education) and a $75,000 grant from International Paper Corporation, 1-888-aLEGALz (http://www.justiceforalltn.com/legal-help/1-888-alegalz) was launched in collaboration with TALS. This is Tennessee's first statewide toll-free legal resource helpline. The hotline is staffed by Tim Hughes, an alumnus of Memphis Area Legal Services, and is housed at TALS's offices. Callers can receive basic legal advice or, when more than basic or limited-scope advice is needed, Tim can connect the caller to the resources available. Your help is needed. If you want to contribute pro bono legal service and do not know where to begin, please contact Lucinda Smith, Executive Director of the Volunteer Lawyers Program at the Legal Society of Middle Tennessee, 300 Deaderick Street, Nashville, TN (615) 780-7127 or email her at lsmith@las.org. Additional programs are underway. You can learn about them when the Tennessee Supreme Court, in conjunction with the National Judicial College, presents an access to justice program (and reception), which will address the Court's initiatives and their implementation in Tennessee. The program will be held on March 31, 2014 from 4 p.m. to 5:30 p.m. at Baker Donelson's Special Events Center, 211 Commerce Street, Nashville, TN. A reception follows from 5:30 p.m. to 7 p.m. For more details on the program or to reserve a seat, contact Matt Sweeney (msweeney@bakerdonelson. com; (615) 726-5774)). n
(Endnotes) Tennessee Alliance for Legal Services, Report from the Statewide Comprehensive Legal Needs Survey for 2003 (Jan. 2004), available at http://www.tals.org/statewide-comprehensive-legal-needs-survey-2003-full-report.
1
The member of the Access to Justice Commission are as follows: Chair, George "Buck" T. Lewis (Memphis); Vice Chair, Douglas A. Blaze (Knoxville); Gail Vaughn Ashworth (Nashville); Marcia "Marcy" Meredith Eason (Chattanooga); David R. Esqivel (Nashville); J. Houston Gordon (Covington); Francis S. Guess (Gallatin); Sharon R. Ryan (Memphis); D. Billye Sanders (Nashville); and Anthony Alan Seaton (Johnson City). Justice Janice M. Holder serves as the liaison from the Tennessee Supreme Court.
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3 In 2010, in addition to the 2,322 cases opened, the Nashville Pro Bono Program provided help to 555 victims of the May flood.
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@theNashvilleBar
Charles K. Grant, President Edward D. Lanquist, Jr., President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Thomas J. Sherrard, Immediate Past President Stacey Billingsley Cason, Secretary Nicole James, Treasurer Hon. Joe B. Brown, Assistant Treasurer Gareth Aden, General Counsel Hon. Joe P. Binkley, Jr. Kathryn S. Caudle Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Matt Potempa Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Jocelyn A. Stevenson Overton Thompson, III M. Bernadette Welch
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 ASSOCIATION Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system. Our Bar Association is much more than just a collection of services. The power of our membership lies in the power of the people. WE are the Bar. And together, we shape the future of the legal profession. Nashville Bar Journal - March 2014
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Nominations Sought for Liberty Bell Award Nominations are being sought for the Liberty Bell Award that will be presented during the NBA's annual Law Day Luncheon during Law Week. Deadline for nominations is March 14, 2014. This award is given to that person or group (not necessarily lawyers or law related groups) who has promoted a 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 addressed to the NBA Community Relations Committee and sent to Traci Hollandsworth at traci.hollandsworth@nashvillebar.org.
Past LIBERTY BELL AWARD WINNERS: 1996 Nashville Banner 1997 Bradley MacLean Sabin R. Thompson N. Sue Van Sant Palmer Marlinda R. Bruno 1998 Adinah Robertson 1999 Tennessee Justice Center L.A.W. Early Truancy Program 2000 Senator Douglas Henry NBA Young Lawyers Division
2004 John Seigenthaler Nashville Conflict Resolution Center 2005 Judge George Paine Renewal House 2006 Drake Holliday (posthumously) 2007 Governor’s Books from Birth Foundation 2008 Judge Walter Kurtz
2001 Richard Dinkins Mary Walker
2009 Ross Alderman (posthumously)
2002 Wally Dietz
2010 Joe Johnston
2003 Andrea Conte
2012 Victoria Webb 2013 Andy Shookhoff
Candidate Forum: The District Attorney Race Tuesday, March 25, 2014 5:30 – 7 PM Nashville Bar Association 150 4th Ave N, Suite 1050 Not sure who to vote for? Have questions you want to ask? Come to the DA Candidate Forum and ask the questions that are relevant to you as someone involved in the criminal justice system. Now’s your chance to ask Glenn Funk, Rob McGuire, and Diane Lance the questions that matter to you. We hope to see you there! Co-sponsored by the NBA Criminal Justice Committee, TACDL, and the Metro Public Defender’s Office. Please email Mary-Kathryn Harcrombe (maryharcombe@jis.nashville.org) with any questions. 4
Nashville Bar Journal - March 2014
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Nominations Sought for Norman Award 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. Deadline for nominations is March 15, 2014. The award is given to criminal law practitioners, including specifically defense attorneys, prosecuting 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 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 addressed to the NBA Criminal Law & Criminal Justice Committee and sent to Committee Chairs, Brian Ewald at ewaldbm@gmail.com or MaryKathryn Harcombe at Mary-KathrynHarcombe@ jis.nashville.org.
Past NORMAN AWARD WINNERS: 1996 Jack Norman Sr. (posthumously) 1997 not presented 1998 Judge Tom Shriver 1999 Seth Walker John Hooker Sr.
2005 Judge Randall Wyatt 2006 Hal Hardin 2007 not presented 1996 Charlie Ray (posthumously)
2000 James F. Neal
2009 Ross Alderman (posthumously)
2001 Joe P. Binkley Sr.
2010 Ed Yarbrough
2002 not presented
2011 Richard McGee
2003 not presented
2012 Peter Strianse
2004 William M. Leech, Jr.
2013 David Raybin
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NBA NEWS
NBA Poll - Primary Election The Nashville Bar Association is conducting a poll of its members to solicit your opinions about the upcoming Primary Election. We are asking members to evaluate all candidates for judicial, court clerk, district attorney, and public defender positions. IS YOUR TEAM REGISTERED YET? The 2014 NBA/NBF Golf Tournament is set for Thursday, May 15, 2014 at the Vanderbilt Legends Club in Franklin, TN. Range balls will be available at Noon with a Shotgun start at 1:00 p.m. We will have a Cookout and Prizes at the conclusion of Play. There will be team prizes and individual contests (longest drive, longest putt, closest to pin, etc.)
The poll has been sent out to the membership, and will close Tuesday, March 25 at noon. If you are a member and did not receive a communication with the poll information please contact Tina Ashford, Communications Coordinator, at tina.ashford@ nashvillebar.org.
-Golden Oldies
Please use the form below to register yourself or a team. You can also register online at www.nashvillebar.org Late fees apply after Thursday, May 8, 2014. If you have any questions, you can contact Traci Hollandsworth at the NBA (242-9272 or traci.hollandsworth@ nashvillebar.org.
Don Smith correctly identified the individuals in the February 2014 Golden Oldies photo. Pictured are: Tom Peeples and Al Abbey
UPCOMING EVENTS: -------------------------------------------------------March 25, 2014 DA Candidate Forum co-hosted by NBA, TACDL, and the Public Defender's Office @ NBA Offices 5:30 - 7 PM -------------------------------------------------------March 26, 2014 YLD HAPPY HOUR @ Pub Nashville (in the Gulch at 400 11th Ave S) 5:30 - 7:30 PM -------------------------------------------------------April 24, 2014 YLD HAPPY HOUR @Pub 5
(Next to Bridgestone Arena at 104 5th Avenue S) 5:30 - 7:30 PM -------------------------------------------------------May 1, 2014 Law Day Luncheon Speaker: Hon. Alberto R. Gonzales @Renaissance Hotel --------------------------------------------------------------------May 15, 2014 NBA Golf Tournament @Vanderbilt Legends Club - Franklin, TN --------------------------------------------------------------------May 28, 2014 Arts Immersion - Details on page 13 --------------------------------------------------------------------July 19, 2014 Carbolic Smoke Ball @Hard Rock Cafe - Reverb Room (Upstairs) --------------------------------------------------------------------Nashville Bar Journal - March 2014
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Feature
If You Build It…. How “Music City” Became a “Sports Town” by:
Tracy D. Kane
Nashville is booming. Nashville was ranked #5"Regions to Watch in 2014" by Forbes.com (December 2013), the "Tenth Most Popular City for Millennials" according to MSN Real Estate (January 2014), 5th on a Forbes list of cities creating the most high-paying working-class jobs (January 2014), and one of the best cities for female entrepreneurs (NerdWallet.com, February 2014) among other accolades. More than that, Nashville is booming beyond its traditional industries of healthcare, education, and music. Nashville is attracting corporate headquarters, technology start-ups, and an increasing number of national and international real estate developers and hospitality industry players. So, it is also no surprise that this “It” city is also a booming sports town with three professional sports teams, six universities including four NCAA Division I universities, six major sports venues1 with a combined seating capacity over 162,000, and host to an average of five major sports events each year, including the Country Music Half Marathon and Marathon, the Franklin American Mortgage Music City Bowl, SEC Men’s and Women’s Basketball Tournaments,2 and for the first time in the city’s history in April 2014, the NCAA Women’s Final Four.3 Additionally, Nashville recently committed approximately $65 million of city funds and broke ground on its next major sporting venue – a new stadium for the Nashville Sounds Minor League Baseball team. Beyond the high profile events and venues, Nashville has approximately 12 mid-sized venues, each with a seating capacity of between 2,500 – 10,000.4 Nashville also boasts a wide range of sporting events and activities for the recreational or amateur athlete. According to a 2010 survey of local sports facilities, Nashville has over 75 baseball diamonds, 75 indoor basketball courts, 8 bowling alleys, 35 football fields, 40 golf courses, 4 ice rinks for hockey and skating, 111 soccer fields, 59 softball diamonds, and 77 tennis courts.5 6
Nashville Bar Journal - March 2014
But, it wasn’t always this way. Twenty years ago, there were no Titans or LP Field, no Predators, and no Bridgestone Arena. Greer Stadium, where Nashville’s Minor League Baseball team had played since 1978, was in disrepair. You might ask: “How did this change come about in such a relatively short period of time?” “Why do cities even seek out sports teams and events?” “What does it cost for cities to build, operate and maintain these major sports facilities?” And, “Who is involved in making all of this happen?” Cities seek out sports teams because sports are fun – both fun to watch and, if you’re so inclined, fun to play. There is also a psychological factor – a sort of “keeping up with the Joneses” mentality that to stay current or relevant your city has to have one or more professional sports teams. There is also a quality of life component to having a variety of types and sizes of venues to provide diverse sports and other events for the community. But the main reason that modern cities build stadiums, offer tax incentives, and otherwise roll out the red carpet to bid to host sporting events is “economic development.” They hope that spending hundreds of millions of taxpayer dollars to build, operate, maintain and, renovate will reap billions in direct and indirect economic development for the community. Whether these investments actually pay for themselves or otherwise bring millions or possibly billions into the local economy is still hotly debated around the country. Nashville has generally provided a case study in favor of the economic development argument, particularly demonstrating the positive economic impact that facilities
built in deteriorating or blighted areas can have on local surrounds. Other cities that have seen similar positive economic impact on the areas immediately surrounding the facility include Baltimore, Cleveland, and Denver. 6 Direct economic development comes from construction jobs for the actual stadium and related structures as well as unrelated development in the geographic area around the facility, which often includes new stores and restaurants that then open in the area. Additionally, there is the indirect economic development that comes from new industries supporting the team and events at the facility, hospitality and service industry development (i.e., tourism, general economic spending, etc.), and professional team relocation (i.e., the corporate HQ effect – houses, schools, general economic spending by team and staff). There are also very real costs for the city. Initially, of course, there is the cost to build the facility, which not only includes the cost of the construction, but can also include the cost of acquiring and rezoning the property, public referendums, bond issuance, and legal challenges. Whether the cost to build, much less to shoulder ongoing operation, maintenance and future renovations, is worth it for a city is often hotly debated. In Nashville, LP Field, which was built in 1999, and is the 17th largest NFL stadium in the country, was only built after a public referendum.7 The vote, approved by 59% of voters, authorized an increase in the Metro water tax to raise the $144 million of city funds that were contributed to the nearly $300 million project (which is approximately $406 million in 2014 dollars). 8 The vote also authorized a nearly 300% increase in Davidson County
individual homeowner property taxes to help fund the ongoing financing needs of the stadium.9 Much of the remaining construction costs were funded through the sale of personal seat licenses (i.e., season ticket holders).10 Another example of how difficult it can be for cities to get the right mix of public and private financing to build major sports facilities is the Nashville Sounds’ new stadium, which has been over 10 years in the planning. A deal was almost inked back in 2006, but faced a substantial road block when then Mayor Bill Purcell initially refused to support the project so long as Metro funds were at risk because of how costly the construction of LP Field and Bridegstone Arena had been for taxpayers in the 1990s. Mayor Purcell ultimately supported the project after a consortium of 12 banks agreed to fund $23 million of the $43 million with the remaining funds to come from tax-increment financing and a private developer.11 The project then stalled during the design and permitting phase and was ultimately cancelled after the team and the developer were unable to finalize financing and design plans by the April 2007 deadline set by the Metro Council.12 A new stadium for the Sounds finally made headway last fall when Mayor Karl Dean committed $65 million of city funds to acquire the land from the State and build the stadium.13 The Sounds are committed to spending $50 million for a new mixed-use and retail development to anchor the facility and a private developer is committed to spend $37 million to build a 250-unit multi-family apartment complex near the site.14 The city will service $4.3 million in debt annually plus pay $345,000 annually to maintain the property.15
Adding to the cost of construction for many cities around the country, such as Memphis, is the cost of legal challenges, particularly to public financing of sport facilities. The legal challenges generally fall into four broad categories: (1) the project lacked public purpose justifying the use of government financing; (2) the project involved the illegal application of a government’s credit support to a private entity; (3) the government subdivision exceeded its statutory borrowing limits with the proposed bond issue; and (4) the project violated zoning limitations. The most recent major challenge to public financing of a sport facility in Tennessee was the deal between the city of Memphis and the Memphis Grizzlies NBA team for the construction of the Memphis Arena in 2001. Two taxpayers sued the county, city, and the professional basketball franchise seeking a declaratory judgment that the actions of the city and county to procure and provide financing for the new arena and the agreements made in connection to it to bring the franchise to town violated Article II, Section 29 of the Tennessee Constitution because it constituted a giving or lending of credit of the city and county to a private entity and that the proposed expenditures were not for a public purpose.16 The Court of Appeals overturned the trial court’s decision that the building of the arena did not have a public purpose and upheld the constitutionality of the deal.17 The court found the proposed transactions were constitutional because the aid given by the city Continued on Page 14
Nashville Bar Journal - March 2014
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Feature The Beatles and the Nashville Bar Foundation Present: The NBF Leadership Forum Robb Bigelow by:
Last year, the Nashville Bar Foundation (NBF) and the Young Lawyers Division worked together to strengthen their relationship. During one of many meetings, Bob Mendes informed me that NBF Fellows John Tarpley and Gail Ashworth were contemplating putting together a leadership program designed for young lawyers practicing in Nashville and asked if I wanted to help with the planning. I enthusiastically agreed. Months later, I was honored to be asked to write an article giving some details about the program, called the Nashville Bar Foundation Leadership Forum, and, importantly, to ask for your help. I recognized that lawyers might just gloss over the article unless the title was a little different from the norm. A number of titles came to mind. Fortunately, “A Funny Thing Happened on the Way to the (NBF Leadership) Forum” and “The Forum: It’s Not Just for L.A. Laker Fans” ultimately missed the cut. So, you are likely asking: What’s the deal with the Beatles theme? Read on and, when you’re done reading, join the band! Come Together The NBF Leadership Forum will provide approximately 25 members of the Nashville Bar Association who have practiced between 3-8 years with innovative opportunities to learn, collaborate, network, and serve the community. It will present a valuable opportunity for these attorneys to “come together” with other attorneys (including mentors) to develop their leadership skills and empower them to make even greater contributions in the Nashville community and legal profession. In addition, it will encourage diversity in the practice of law and help build relationships among attorneys with diverse backgrounds and practices. Participants will be selected to ensure diversity in terms of practice area, type of practice, size of firm, law school attended, race, and gender. The overall cost of the forum will be $500, and need-based scholarships will be available for both members of the Nashville Bar Association and non-members of the NBA who will then become members. A Little Help from My Friends The Leadership Forum is expected to begin with an opening, day-long program coinciding with the annual NBA member picnic in September. During this opening session, each participant will be introduced to his/her mentor. Following the opening session there will be five or six monthly workshops. These workshops, which will take place during the day, will be led with a “little help from our friends”—legal, business, political and community leaders in Nashville. The Leadership Forum class will “lend their ears” to the informative and often inspirational songs that will be sung by many of Nashville’s long-established leaders, and have the opportunity to interact with these leaders, further developing their own leadership skills. Ultimately, the Forum will conclude in April or May by “graduating” the class at the annual NBA Law Day event. Help! In order to make this wonderful opportunity happen, we need your help. Yes, we need somebody. Not just anybody. The NBF is currently looking for help in two ways. First, we are looking for volunteers to serve as mentors. Second, we are seeking attorneys who are willing to assist with programming needs. If you are interested in joining the band, please contact our very own John (not McCartney or Lennon) Tarpley at jtarpley@lewisthomason.com or Gail Ashworth (the Ringo to our John) at gail@wisemanashworth.com. On behalf of Bob, John, Gail and so many others who have already given much of their time to put together this great new opportunity, we invite you to join the band! Robb Bigelow, a member at Dickinson Wright PLLC, is currently running for General Sessions Judge in Division V. A Vanderbilt Law School graduate and 2013 recipient of the Nashville Bar Association’s President’s Award, he was recently inducted as a Nashville Bar Foundation Fellow.
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Nashville Bar Journal - March 2014
11th Annual Land Rover Race Judicata Celebrating its eleventh year, the YLD’s LAND ROVER RACE JUDICATA was another great success. On a beautiful February morning, over 400 race participants battled the hills of Percy Warner Park on the demanding 5K and 10K courses. This year’s event raised over $17,000 for the Nashville Conflict Resolution Center. RACE VOLUNTEERS: The races would not have been possible without the assistance of the numerous volunteers, who gave up their Saturday morning to make this event a success. Thanks to all! A special thank you goes to the Land Rover Race Judicata Committee members: Becca Barnett (co-chair), Bethany Whelan (co-chair), Rachel Schaffer, Mollie Gass, and Mary Katherine Bratton. Also, the Committee would like to extend a special thanks to members of the 2nd Brigade Combat Team and 2nd Brigade Special Troops Battalion of the 101st Airborne Division Air Assault from Fort Campbell, Kentucky for volunteering their time for the Race. TO THE VICTOR BELONG THE SPOILS: After a little friendly competition among our bar members to win the much anticipated team competition among the law firms, the team from Lewis Thomason prevailed as the victor! Congrats to Emily Mack, Bob Chapski, and Mary Beth Haltom, the winning team members from Lewis Thomason. Also, congratulations to Jason Callen and Emily Mack for winning the fastest lawyer awards for both the 5K and the 10K races. We are especially thankful for our title sponsor, Land Rover Nashville, for their generosity and continued support of the Nashville Bar Association Young Lawyers Division and the Race Judicata. Check out the race results and photos online at www.nashvillestriders.com.
800.23.loews | LOEWSHOTELS.coM
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Nashville Bar Journal - March 2014
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Feature
Preparing for a Digital Armageddon by:
Kelly L. Frey, Sr.
We are under attack. Whether it is cyber-theft, cyber-terrorism, or cyber-warfare, critical systems that generate and distribute electricity on the grid, control commercial aircraft in flight, process bank and credit card transactions, coordinate our traffic lights, authorize military action, and control emergency response are targets of daily assaults by hackers whose goal is to penetrate, disrupt, and/or exercise control over critical infrastructure in the United States. It is a battle we are losing. Headlines have recently concentrated on cyber-security incidents that affect the consumer. Identify theft from cybersecurity breaches now cost the victim over $500 and 30 hours of remediation work per incident. But the hacking one person is nothing compared to hacking into data systems that house information on millions of consumers. Most recently, financial data from millions of Target customers was stolen by hackers who targeted credit card (Point of Sale, or POS) terminals in its stores (a massive data breach that compromised 40 million credit/debit card accounts between November 27 and December 15, 2013). As of the date of this article, Target’s cybersecurity breach has resulted in $17 million of net expenses (although total expenses were $61M, such losses were partially offset by $44 million in cyber-security insurance payments). The loss resulted in almost a 50% reduction in 2013 fourthquarter profit for Target (and a 5.3% reduction in total revenue as the breach scared off customers). And commercial systems are not the only digital assets we need to worry about. Federal Bureau of Investigation (FBI) Director James Comey told the Senate homeland security and government affairs committee in September 2013, that cyber-attacks were likely to eclipse terrorism as a domestic danger over the next decade. “That’s where the bad guys will go,” Comey said. 10
Nashville Bar Journal - March 2014
“There are no safe neighborhoods. All of us are neighbors [online].” In fact, a report by the Secretary of Defense noted that "[i]n 2013, numerous computer systems around the world, including those owned by the U.S. government, continued to be targeted for intrusions, some of which appear to be attributable directly to the Chinese government and military". We must now protect ourselves not only from the bored teenage hacker – we now have to worry about how to defend ourselves against organized international crime syndicates paying millions of dollars to expert information technology (IT) professionals and foreign governments tapping the best and brightest professional IT talent within their jurisdictions for nationalist purposes. Protecting Critical National Infra-structure Lacking a clear legislative process with respect to cyberdefense, the executive branch has stepped in to create an over-arching framework to assess current vulnerabilities of companies involved in owning or operating critical infrastructure and to effectively deal with inevitable cybersecurity breaches. A Framework for Improving Critical Infrastructure Cybersecurity (the “Framework”) was developed by the National Institute of Standards and Technology (NIST) and the Department of Homeland Security (DHS) in response to an executive order by the President of the United States to assist (a) owners and (b) operators in 18 critical infrastructure industries (ranging from energy to
transportation and communications) in preparing for, preventing, mitigating, and responding to cybersecurity threats. The Framework draws heavily on existing technical standards (such as NIST 800-53 Rev 4, ISO 27001:2013, ISA 62443-2-1:2009, and COBIT 5) and addresses management of cybersecurity risks “for those processes, information, and systems directly involved in the delivery of critical infrastructure services”. The Framework Core (the “Core”) is a set of cybersecurity activities, desired outcomes, and applicable references that are common across all critical infrastructure sectors and business. The Core presents industry standards, guidelines, and practices in a manner that allows for communication of cybersecurity activities and outcomes within an organization and across organizations/with the government. The Core defines 5 cybersecurity “Functions” that provide a high-level, strategic view of the lifecycle of an organization’s management of cybersecurity risks. The Identify function mandates that an organization develop an enterprise-wide understanding of risks to systems, assets, data, and capabilities. The Protect function mandates that organizations develop and implement safeguards to assure continuous operation and delivery of critical infrastructure services during and after a cyberintrusion. The Detect function mandates that organizations develop and implement activities to timely identify, communicate, and escalate cyber-security threats within the organization and with critical private/ public partners. The Respond function mandates that organizations develop and implement appropriate activities to take regarding any detected cybersecurity event or intrusion. The Recover function mandates that an organization develop and implement activities to maintain resilience and to restore any capabilities and services that are degraded as a result of the inevitable unauthorized intrusion. Within each Function, the Core defines Categories (such as Asset Management, Access Control, and Detection Processes) and subcategories (for specific outcomes
of technical and/or management activities) with appropriate annotations to Information References (standards, guidelines, policies, and practices). Using the Core an organization can map its assets and vulnerabilities, as well as its response and remediation plans and provide a resource guide to help inform everyone within the enterprise of the scale of attack and the remediation being done. The Framework also defines Implementation Tiers to classify organizations based upon their cyber-security readiness. The Tiers range from Partial (Tier 1 - where risk management practices are not formalized, there is limited awareness within the organization with respect to threats/ responses, there are only ad hoc response systems and protocols, and there is no coordination outside of the organization) to Adaptive (Tier –where continuous process improvements are integrated in an organization-wide manner with clearly defined channels of communication to critical infra-structure partners and governmental authorities). The clear intent is that organizations owning or operating critical infra-structure capabilities will progress over time from Tier 1 to Tier 4 status. With respect to implementation, the Framework provides directions with respect to organizations creating a “Profile”. The Profile is designed to map the Functions to current organizational capabilities. The result should be essentially a gap analysis that outlines deficiencies with respect to cyber-preparedness. The organization would use this gap analysis to develop a strategy to remediate cyber-security deficiencies and improve responsiveness to cyber-intrusions. Legal and Governance Implications of the Framework Beyond the technological aspects, perhaps the most significant, and underappreciated, aspect of the Framework relates to the new oversight responsibilities with respect to cyber-security required from the Executive Level within an organization. The Framework makes it clear that cybersecu-
rity is not just a technical problem to be addressed by information technology specialists. Instead, the Framework articulates cybersecurity as a core responsibility of the Executive Level (a defined term within the Framework). This emphasis is consistent with the increasing focus on cybersecurity by board members and C-suite executives of US companies. In the Framework, the Executive Level is charged with communicating mission priorities, making appropriate resources available, and developing an overall risk tolerance within the organization as part of an integrated cybersecurity program. The Executive Level is also charged with monitoring outcomes. The implication is that board members and C-suite executives must exercise reasonable care and due diligence with respect to the cybersecurity of their companies as an integral part of their fiduciary duties (and may be charged with a breach of this fiduciary duty if they fail to be adequately informed or take commercially reasonable actions to remediate cyber-security issues). Such mandate would seem to anticipate a higher level of civil and potential shareholder liability at the board and C-suite level for cybersecurity breaches than currently exists under US law. There may also be international implications with respect to the Framework. While designed to address US cybervulnerabilities, the Framework is clear that it is not country specific and was developed to create “a common language for international cooperation on infrastructure cybersecurity”. This may be especially important for multi-nationals that either own or operate “critical infra-structure” within the US and create extra-territorial mandates for companies with facilities outside of the US that may be portals of entry for US cyber-intrusions. The Framework may also help inform the proposed Directive on Network and Information Security (the “Directive”) and Cybersecurity Strategy of the European Union, providing a techniContinued on Page 21
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11
BIL L G A & PH DG ET O IL'S F THE
MONTH
Samsung Galaxy Gear Smart Watch
By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting
We have been touting wearable technology for a while, but 2014 may be the year where this trend really reaches the mainstream. At the 2014 Consumer Electronics Show (CES) in Las Vegas, wearable tech was all the rage, with a wide array of smart watches leading the pack. A smart watch is essentially a watch that is computerized to offer additional functionality rather than just the typical timekeeping function. The Pebble smart watch (www. getitpebble.com) really started this latest craze with its insanely successful campaign to fund its idea via the crowd funding website, Kickstarter.com, in 2012. The company had a goal of raising $100,000. They ended up raising over $10 million; and the smart watch industry began to percolate. Today, as was evidenced at CES 2014, everyone seems to be getting into the smart watch business. There are many choices. However, we decided to try out Samsung’s Galaxy Gear for a couple of reasons: (1) we already had a Galaxy S4 phone which has built-in compatibility with the Galaxy Gear; and (2) we really like Samsung’s track record in designing and developing consumerfriendly mobile devices. So we laid down a cool $249 for the Jet Black Samsung Galaxy Gear Smart Watch. First of all, it should be noted that unlike other products in this category, the Galaxy Gear is made to function only with certain Samsung smart phones, so if you don’t own one of the supported Samsung phones, this watch will do you no good. Out of the box, we realized that we were not going to be making a fashion statement with this new gadget. It looks like a geek’s wrist watch; but, of course, since we are geeks, it fits right in with all of our other gadgets. The Gear was really easy to set up and pair with our Galaxy S4 smart phone. We were using it within minutes of opening the box. Yes, it is a little heavier than a regular wrist watch, but it’s not that bad, really. The functionality of the Gear is where we fell in love with it. Once it is paired with our smart phone, any incoming email messages, text messages, social media updates, and even phone calls, are now registered by the watch with a slight buzzing on our arm. You can simply glance at the watch face when you feel your arm tingle and instantly see a snippet of the incoming message or text. This is very handy and really obviates the need to rudely pull out your cell phone in a meeting to check the contents of an incoming message. It should be noted that you only see a bit of the message and no graphics. To see more, you still need to pull out your phone to view the message in its entirety. When not reading messages and you want to use the Gear for a more mundane task, like displaying the current time, you can either press the button on the side to illuminate the watch face or simply raise your wrist up to new eye level and it will automatically illuminate. Nicely, the watch also displays the current date and current outside temperature. We really like the 1.9MP camera that is built in to the watch strap. Surprisingly, you can get some really good photos with this tiny camera simply by swiping down on the watch face to activate the camera and then one-click the viewer that appears. Even better, the photos automatically sync to your Samsung smart phone, and, if you have set it up to do so, they will synch to your Google cloud account. We love the convenience. You can also use the Gear to answer/make phone calls. Yes, there is a built-in mic and speaker on the clasp of the watch strap. You look a little like a spy or Secret Service Agent while talking into your wrist and the sound quality
Continued on Page 12
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presented by THE ARTS & BUSINESS COUNCIL OF GREATER NASHVILLE in partnership with THE NASHVILLE BAR ASSOCIATION YOUNG LAWYERS DIVISION
Continued from page 12
is not the best; however, it is a handy feature to use in a pinch when your arms are full and you need to take a quick call. An even more useful feature is the ability to reject calls that are coming to your watch via the connected phone by simply swiping the watch face (again, all the while, leaving your phone securely in your pocket). In addition to all the native features of the Galaxy Gear, there are now a growing list of apps that you can download for your smart watch to extend its functionality. One our favorite mobile apps, Evernote, now has an app for the Gear. The possibilities are endless….well, at least as endless as a 1.6-inch screen will allow. While we were so busy trying out our new Galaxy Gear purchase, Samsung announced the imminent arrival of the next generation of the Gear which is slated to be available later in 2014. And, as we saw at CES, there is not going to be a shortage of smart watches of all makes and models available to consumers this year. Anything from watches, like the Gear, that pair with your phone all the way to full-fledged computers that run completely on the device on your wrist (a little ridiculous, if you ask us), we believe this is the year that smart watches begin to show up on wrists of normal people, not just geeks like us. Who knew watches could be this much fun, and productive? See you next month, —Bill & Phil
WHAT: An intro via immersion to Nashville’s creative community, this summer soirée showcases music, acting, dance, film, visual and performance art from some of our finest local talents. The evening is topped off with a unique silent auction featuring everything from co-writing sessions with top songwriters to enticing offers from local businesses. WHO: Arts Immersion celebrates the convergence of Nashville’s creative and business communities. Attorneys, artists and a plethora of business professionals - a.k.a. - the perfect blend of suits and skinny jeans. WHY: To give a big thank you – both to our city’s creative talent and the professionals that so generously support it. Proceeds from the night benefit Volunteer Lawyers & Professionals for the Arts, a program of the Arts & Business Council. The VLPA program has provided $1 million worth of free legal and business help to over 1,000 low-income artists and 300 nonprofit arts organizations over the past five years. WHEN & WHERE: Wed., May 28, 2014, 6 -9 p.m. at W.O. Smith School. Official After-Party at Citizen (a portion of the proceeds benefiting VLPA).
APPELLATE BRIEFS and ARGUMENT THOMAS F. BLOOM, J.D. (Emory 1977) (615) 260-5952; tfbloom1@comcast.net Retained by attorneys throughout the State for 29 years to draft briefs and/or argue cases in over 400 appeals, State and Federal. Research assistance also available.
FOOD/DRINK: Plenty. And did we mention it’s open bar? There will be ample libations, as well as delicious fare from Nashville vendors and restaurants. TICKETS: $40, available at www. abcnashville.org starting early April. Patron Package available.
Quality Guaranteed at reasonable cost. References available upon request.
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If You Build It…. How “Music City” became a “Sports Town.” Continued from page 7
went to the Memphis Sports Authority, a public, not private, corporation and the agreements otherwise complied with the requirements of the Sports Authority Act, Tenn. Code Ann. §§ 7-67-101, et seq.18 The Court also found that the Memphis Arena project had a public purpose and explained its decision by quoting the Pennsylvania Supreme Court in Conrad v. Pittsburgh, 218 A.2d 906 (Pa. 1966), “If a well governed city were to confine its governmental functions merely to the task of assuring survival, . . . it would be a city without parks, swimming pools, zoo, baseball diamonds, football gridirons and playgrounds for children. Such a city would be a dreary city indeed. As man cannot live by bread alone, a city cannot endure on cement, asphalt and pipes alone….”19 The Court also noted that so long as a public purpose could be established, then the fact that a private entity, such as an NBA franchise, received some benefit from the legislation did not invalidate the established public purpose.20
at a cost of approximately $144 million ($214 million in 2014 dollars) and has the distinction of being one of the busiest venues in North America.21 It is the primary home of the Nashville Predators National Hockey League franchise (its primary tenant since 1998), but also hosts concerts, basketball tournaments, and special events, such as the CMA Awards, CMT Music Awards and WWE Wrestling.22 The facility is owned by the Metropolitan Sports Authority and operated by Powers Management Company, a subsidiary of the Nashville Predators National Hockey League franchise.23 Since its completion, the facility has undergone several multimillion dollar city-funded renovations, including changes to concession stands and public areas, as well as major changes to infrastructure, replacement of the scoreboard with the “megatron” and TV-media control room renovations in 2007, and the current renovation to add a “second” entrance to the building on Demonbreun facing the new Music City Center.24
In deciding to fund a project, a city must consider not only the initial cost of construction, but also the ongoing operation and maintenance as well as renovations that must be undertaken to keep the facility useful and competitive with other facilities in the city, region and nation. For example, Bridgestone Arena is a multi-purpose venue completed in 1996,
The Titans stadium provides another example. The Titans are tasked with overseeing the daily operations of the stadium, but Metro is responsible for any capital improvements and pays an annual $1 million subsidy for such capital improvements.25 Additionally, in 2011, the Metro Council approved a bond issuance of approximately $28 million to fund stadium enhancements.26 The bonds were to be paid by an increase in user fees already applied to Titans tickets.27 So, how does the city go about making the decision to build a new facility, or attract, bid, and host major sporting events? In Nashville, as with many other cities, there are myriad players, including local legislative and executive branch government; quasi-governmental entities, such as the Metropolitan
Sports Authority of Nashville and Davidson County; public and private schools, colleges and universities; and various private entities, including corporations who purchase naming rights and other sponsorships, private foundations, nonprofit entities, interest groups in the case of public referendums, and professional and amateur sports leagues. There may also be judicial branch involvement to the extent that legal challenges to eminent domain, constitutionality of public financing of facility projects, tax credits and subsidies, or zoning issues, among others arise. All of these entities play different roles in decision-making, marketing, and promoting the city to sports teams and associations for events, and ongoing operations of Nashville’s various sports and multipurpose facilities. Most of us understand how local leaders get elected and the respective roles they play in proposing, planning and approving public funds for sports facilities and events, but fewer of us may understand or even know about the Sports Authority and other sports decision-makers. The Metropolitan Sports Authority of Nashville and Davidson County is a quasi-governmental entity formed in 1996, under the Tennessee Sports Authorities Act of 1993, Tenn. Code Ann. §§ 7-67-101, et seq. (the “Act”) by application of three qualified voters in the county to Metro Council for approval. Once approved by local ordinance, a charter is filed with the Tennessee Secretary of State and approved as a public benefit/non-profit corporation. The Metropolitan Sports Authority is governed by a staff overseen by a 13-member board of directors appointed by the Mayor for six year terms.28 The Sports Authority is authorized to operate, maintain, manage, and enter into contracts for the operation, maintenance and management of any project undertaken, to lease or rent space in a sports/recreational facility, to lease, rent, and contract for the operation of Continued on Page 17
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Nashville Bar Journal - March 2014
TAKE COMMAND OF THE MOMENT, THEN TAKE COMMAND OF THE ROAD.
Command
PERFORMANCE SALES EVENT
ENDS MARCH 31 WWW.NASHVILLELEXUS.COM Nashville Bar Journal - March 2014
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Customers count on our newsletters, events and webinars, directories, online databases and manuals to meet a variety of business and legal objectives. Our Solutions: Tennessee Attorneys Directory Tennessee Attorneys Memo The Tennessee Journal Tennessee Legislation Service Tennessee Government Officials Directory Visit MLeeSmith.com to learn more.
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If You Build It…. How “Music City” Became a “Sports Town” Continued from page 14
any sports/recreational facility, to borrow money and issue bonds, and to buy or sell any of its properties. Another key player in Nashville’s sports scene is the Nashville Sports Council (NSC), organized in 1992, as a nonprofit, 501(c)(6) corporation, which is a type of tax-exempt entity for business leagues and trade associations. NSC is a membership based organization with a volunteer board of directors whose mission is to “positively impact the economy and quality of life of Greater Nashville Area by attracting and promoting professional and amateur sporting events.”29 They accomplish this by strategically bidding on, attracting, and hosting major sporting events that meet objectives such as: economic development, tourism impact, quality of life enhancement and international exposure for “Music City”. The NSC estimates its average annual economic impact since its founding to be over $37 million, with total economic impact between 1992 – 2012 at almost half a billion dollars.30 For major annual events, the NSC sometimes serves as the organizing entity, while at other times separate local, regional or national associations or non-profits serve as the “host.” For example, the Nashville Local Organizing Committee (NLOC) is the non-profit corporation established in 2010, by a local, volunteer board of directors to host the NCAA Women’s Final Four in Nashville in April 2014. The NLOC has a contract with the NCAA
to host, organize, and implement the Women’s Final Four Championship and related events and programs, including the “Tourney Town” fan experience and community legacy programs, such as the Champions4Women leadership program or the Girl Scouts “Girls Got Game” Patch program, that promote female student athletes.31 The NLOC then enters into contracts with local entities, such as the Ohio Valley Conference (OVC), Nashville Sports Council, Bridgestone Arena, and other local private and public entities for particular goods and services. The NLOC also raises local funds from public and private entities to support the championship and related events. Other community players and stakeholders include professional sports teams, amateur sports teams and clubs, and private corporate sponsors. A study of Nashville’s sports facilities and events from the Vanderbilt University Center for Nashville Studies concluded that some of Nashville’s strengths that
enabled it to achieve such a robust sports community in a relatively short amount of time included an easily accessible geographic location, a recognizable “brand” in the form of “Music City”, a vibrant and pedestrian-friendly downtown “campus”, a diverse set of facilities, and robust community and fan support, including the nationally recognized Nashville Sports Council. But, the same study also found that compared to other “peer” cities, Nashville’s public/private funding mechanisms were lacking, that a relatively few number of corporations were relied upon to substantially support sports in the city, and that private foundations to support sports did not exist in Nashville.32 Nashville has certainly come a long way in the last twenty years to add “Sports Town” to its city pseudonyms. The key question over the next twenty years the city will need to answer and plan for now is how to pay its current debts from facility construction, while continuing to fund Continued on Page 20
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Interest One Dozen Tips for Better Writing within the Firm by:
Gary Kinder
1) Look for the words “of,” “in,” and “as.” Around them you will often find words that add no meaning:
Buyer approving and adopting this Agreement and approving the transactions contemplated hereby, including but not limited to approvals under canon law, shall have been taken.
Debtors agreed to pay the estate $483.34 per month, for 12 months, beginning September 01, 2013.
(c) Seller and Buyer shall have taken all action necessary to approve this Agreement and the transactions contemplated hereby, including but not limited to approvals under canon law.
The court held that it did not, finding instead that . . . . Subsequent to this decision, federal agencies codified procedures for handling “Touhy requests.” 2)
Avoid writing “clearly” in a brief. It’s a marked word. Use it and the judge will double your burden of proof. Ditto “well-settled” and “obvi ously.”
3) Put people in your sentences. It enlivens your writing. We have at tached; I have enclosed.
7)
Drop the fightin’ words, like “laughable” and “ludicrous,” and the cute ones, like “curiously” and “suspiciously.” They provide a judge only with a rea son for disliking you and your case.
8)
Emphasize a point by putting it at the end of the sentence. This alone will dramatically improve your writing:
4) Remove opinion from your Fact Statement. Even words like “significant” and “untimely” are opinions and make judges doubt your credibility. 5)
Examine the last few words before every period. If they form a prepositional phrase, often you can delete them. But the facts of Hall are not analogous.
6) Write contracts in the active voice. Otherwise, you risk confusion: (c) All necessary action and approvals on the part of Seller and 18
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9)
On January 21, 2012, Plaintiff Marvin Miller violated Allied Steel’s alcohol and drug policy when he tested positive for cocaine. 10) Convert “nominalizations.” “Nominalizations” are nouns that should be verbs. Converting them will dramatically enliven your sen tences. I recommend the phrase be confined to use as a title for the document to which it refers. (11) Never define terms in a brief or memorandum. It clutters your writing and puts the burden on your reader. Call the Plaintiff “Craig,” the agreement “the agreement,” and the Defendant “NorthEast.” You don’t need to alert us; we understand.
The community groups committed to a design review of over 1,000 hours from the very beginning.
This dispute arises out of Plaintiff Mike Craig’s employment agreement with Defendant NorthEast Real Estate Advisors, Inc.
From the very beginning, the community groups committed to a design review of over 1,000 hours.
And use abbreviations only for entities the public knows by their abbreviations: EPA, IRS, NRA, NOW.
Open your brief with your case, not your opponent’s. Make your opponent argue her own case. Plaintiff, Marvin Miller (“Miller”), filed an amended Title VII Complaint alleging three claims for relief: (1) discrimination . . . .
12) Encourage partners to attend writing programs with associates. They will improve their own writing, and they will know better how to help their protégés n Gary Kinder has taught over 1,000 writing programs for the ABA and to law firms. He is also the author of the critically acclaimed New York Times bestseller Ship of Gold in the Deep Blue Sea. In 2011, Gary founded the software company “WordRake,” the first editing software for lawyers.
NUTS & BOLTS OF PRACTICE
CHANGES IN TRIAL COURT CASELOADS by:
Philip E. Smith
The Davidson County State Trial Courts have made some significant changes in the way both Petitions for Orders of Protection and DUI cases are handled. To promote judicial economy (effective October 23, 2013), these cases have been reassigned as detailed below. Petitions for Order of Protection Petitions for Orders of Protection now are heard by Special Master John Manson. These hearings occur on Wednesdays and Thursdays at 9 a.m. in Room 510 of the Historic Metro Courthouse. After the decision is made by the Special Master, either party, consistent with Tennessee Code Annotated § 17-2-123 (5) and (6), are entitled to a de novo hearing by a Circuit Court Judge simply by filing an appeal within five days of entry of the order. The responsibility for confirming the orders or hearing appeals from the Special Master will be rotated quarterly between all eight Circuit Courts.
According to Tim Townsend, the Davidson County State Trial Court Administrator, the shifting of cases was made necessary by the increase in need for assistance in the domestic relations and criminal areas. “As a result of the 2012-2013 weighted caseload numbers, Judge Binkley, the presiding judge of the state trial courts, formed a caseload study committee made up of eight trial court judges. The shifting of cases was recommended by the committee and was approved by all eighteen trial judges to better allocate resources to meet the needs of the people of Davidson County,” Townsend stated.
in addition to his regular caseload and to Judge Amanda McClendon for agreeing to take on the DUI and other misdemeanor driving offenses.” Judge Binkley also stated that a new weighted caseload study may require a further reallocation of assigned cases or caseloads, noting that “[t] his is an ongoing process to ensure that the trial court caseload is handled in the most efficient manner as possible.” n
Judge Binkley added that “[a] special thanks should be given to Judge Mark Fishburn for handling the DUI docket
Likewise, any appeals from General Sessions Court on Petitions for Orders of Protection will be heard by the Circuit Court Judge responsible for the Orders of Protection that quarter. DUI Misdemeanor Offenses Now all pending cases and all indictments issued by the Davidson County Grand Jury involving misdemeanor driving offenses (1st, 2nd and 3rd offense DUIs) and Civil Petitions to Enforce the Motor Vehicle Offender Act are heard by the Second Circuit Court, which is located on the fifth floor of the Historic Courthouse.
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If You Build It…. How “Music City” Became a “Sports Town” Continued from page 17
required maintenance and renovations on the facilities to keep them competitive and able to bring the types of activities and events to Nashville that positively impact our local economy and quality of life.
Tracy Kane is a shareholder with Dodson, Parker, Behm & Capparella, PC, specializing in estate planning and business law. She is a graduate of Vanderbilt University Law School and former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals.
(Endnotes)
14
Garrison, supra note 13.
A “Major” sports venue for purposes of this article is a sports venue with seating capacity of over 10,000.
15
Id.
1
The Nashville Sports Council recently signed an historic deal with the Southeastern Conference (SEC) to make Nashville and the Bridgestone Arena the site for the next 12 consecutive Men’s and Women’s basketball tournaments.
2
See Nashville Sports Council, 2012-2013 Annual Report; see also Joshua L. Burgener, The State of Sports in Nashville, Vanderbilt University (Fall 2010)(research and data compiled by research assistants from Professor Davis Williams’s Sports Law Class)(on file with author).
3
Id.
Id. at 70. The plaintiffs did not attack the constitutionality of the Sports Authority Act. 18
19
Id. at 73-74.
20
Id. at 72.
See Bridgestone Area website, www.bridgestonearena.com [hereinafter “Bridgestone website”]; see also Wiki, Bridgestone Arena, http://en.wikipedia. org/wiki/Bridgestone_Arena.
21
Burgener, supra note 3.
22
See Bridgestone website, supra note 21.
5
Id. at 15.
23
See id.
Pamela Edwards, How much does that Yankee ticket cost? An analysis of local governments’ expenditure of public funds to maintain, improve or acquire an athletic stadium for the use of professional sports teams, 18 Fordham Urb. L.J. 695 (Summer 1991).
6
Raymond J. Keating, The NFL Oilers: A Case Study in Corporate Welfare, 48 The Found. Econ. Educ.: The Freedom, Ideas on Liberty (Spring 1998). Bill Lewis, Why is our water so expensive? First, it’s really not. Second, remember that deal to get the Titans?, Nashville Ledger (July. 29, 2011). 8
9
Keating, supra note 7.
10
Id.
Sports Authority Pleads for GEC Funds, The City Paper (Nashville)(June 22, 2006), available at http:// nashvillecitypaper.com/content/city-news/sportsauthority-pleads-gec-funds; Joey Garrison, Work on Bridgestone Area’s new “front door” continues. New entrance will complement hotel, City Center, The Tennessean (Sept. 10, 2013). 24
25 Joey Garrison, Metro Council approves bond issuance for LP Field upgrades with little resistance, The City Paper (Nashville)(Dec. 6, 2011). 26
Id.
27
Id.
28
See Metro Sports Authority website, supra note 13.
11
Andrew Tarica, Sounds get new park on the rifer: First Tennessee Field to open for the 2007 season (Feb. 8, 2006), The Official Site for Major League Baseball, www.MILB.com.
Nashville Sports Council, 2012-2013 Annual Report, available at http://www.nashvillesports.com/site/ about-us; see also, generally, Nashville Sports Council website, www.nashvillesports.com.
Cindy Carter, Deadline for Sounds Stadium Proposal Passes (Apr. 16, 2007), www.WSMV.com.
30
12
The site of the new Nashville Sounds baseball stadium will incorporate part of its historic home at Sulphur Dell, on Jackson between Fourth and Fifth Avenues. To get the land from the State for the site, Mayor Dean agreed to pay $18 million to the State for the construction of a 1,000-car parking garage on the site, as well as $5 million for an underground parking garage below the proposed new state library and archives. The city will also acquire the property on which the Nashville School of the Arts is located. See, generally Metropolitan Sports Authority, www.nashville. gov/Sports-Authority (last visited Feb. 26, 2014) [hereinafter “Metro Sports Authority website”]; Joey Garrison, Mayor Wants City to Pay $65M for New Nashville Sounds Stadium, The Tennessean (Nov. 11, 2013). 13
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17
4
7
20
Ragsdale v. City of Memphis, 70 SW3d 56 (Tenn. Ct. App. 2001), perm. app. denied (Tenn. 2001).
16
29
Id.
See generally Nashville Organizing Committee website, www.musiccityplays.com.
31
32
Burgener, supra note 3, at 46-48.
Preparing for a Digital Armageddon Continued from page 11
cal framework and lexicon for articulating, and confirming compliance with, such Directive and Strategy. But there also appear to be substantial differences between the Framework and the Directive/Strategy that will need to be rationalized, particularly with respect to privacy and civil liberties. The Framework does not contain controls for protecting privacy or civil liberties, instead noting that “not all activities in a cybersecurity program may give rise to [privacy and civil liberties] considerations”. Such approach seems to create an inconsistency between the expansive (and mandatory) data-sharing arrangements anticipated under the Framework and the data protection schemas preferred under the EU Directive/Strategy. This disjunction is particularly troubling given the current state of Data Protection and Safe Harbor discussions between the US and the EU (especially where the Framework creates data sharing arrangements that are specifically prohibited in the EU). On a national level, it is not clear whether the Framework will be generally adopted outside of the designated critical infrastructure industries. There is currently no governmental regulation mandating adoption even within even the critical industries for which the Framework was designed. Instead, the DHS has merely created a Critical Infrastructure Cyber Community (C3) Voluntary Program to offer technical assistance to organizations that want to implement the Framework. However, the Framework does seem to articulate “best practices” and may create an “industry standard” for all companies in the US against which cybersecurity failures may be judged in civil/commercial litigation. In this regard the “best practice” and “commercially reasonable” threshold set out in the Framework may represent a new basis for shareholder derivative suits against companies and C-level executives that fail to take steps as articulated in the Framework.
Summary and Conclusion The Framework is clearly required reading for the nerds and geeks within an organization that deal with IT infra-structure on a daily basis. But indications are that the Framework must be reviewed at the highest level of a company, including at the board of director and C-suite level. Board members and C-level executives (who are legally charged with the fiduciary duty of due diligence and inquiry) cannot just assume that their IT professionals will be adequately dealing with the risks presented by digital intrusions. While board members and C-level executives can reasonably rely upon experts in this area to assist them, the Framework makes it clear that the strategy for protecting against cyber-intrusions (and the requirement to apply appropriate corporate resources
against such cyber-intrusions) must come from the top of the enterprise. That being the case, it will be incumbent upon board members and C-level executives (and the lawyers and IT professionals providing board and C-level advice) to consider a process for adequately (and regularly) addressing cyber-security during board meetings and C-level executive briefings, especially with reference to the new Framework. n Kelly L. Frey, Sr. is a partner with the Nashville Tennessee office of Dickinson Wright and can be reached at 615-620-1730 or kfrey@dickinsonwright.com.
2014 NBA Premier Members INCLUDE: Elizabeth A. Alexander Gail Vaughn Ashworth Kathryn E. Barnett Charles H. Beaty Barbara Bennett Charles W. Bone Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos John Ray Clemmons Dixie W. Cooper Patricia J. Cottrell John A. Day John Franklin Floyd Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Trey Harwell Paul T. Housch R. Jan Jennings John D. Kitch William C. Koch Jr. Edward Dodson Lanquist Jr.
Thomas W. Lawless Claudia Vettel Levy Richard Wesley Littlehale Randal S. Mashburn Amanda J. McClendon Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Jonathan Parrett Gregory J. Pease Tracy A. Powell Benjamin M. Rose Edgar M. Rothschild III Maria M. Salas Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon Michael G. Stewart James Gerard Stranch IV Hon. Aleta Arthur Trauger Irwin Bruce Venick Michael J. Wall James L. Weatherly Jr. Peter Weiss Thomas V. White Larry R. Williams Nicholas S. Zeppos
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. Contact Vicki Shoulders (615.242.9272, vicki.shoulders@nashvillebar.org) for details. Nashville Bar Journal - March 2014
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Disclosure Tracy Dry Kane has been named a shareholder in the law firm of Dodson Parker Behm & Capparella, PC. Kane focuses her practice on business law—helping entrepreneurs, companies and nonprofit entities develop, operate and grow their organizations. She earned her J.D. degree from Vanderbilt Law School, where she was named a fellow of the Cal Turner Moral Leadership Program. She received her B.A. degree in international relations from American University in Washington, D.C. Elizabeth Sitgreaves has joined Dodson Parker Behm & Capparella, PC as an associate. Sitgreaves will focus her practice on litigation, municipal law and general business advice. Sitgreaves attended the University of Tennessee College of Law, where she graduated magna cum laude and served on the Tennessee Journal of Law and Policy. Prior to law school, Sitgreaves was a presidential scholar at the University of Georgia, where she received her B.A. degree in political science, magna cum laude, and served on the University Judiciary. Samuel L. Felker has joined Baker Donelson as a shareholder and a member of the Firm's Product Liability and Mass Tort Group. His litigation practice will include product liability and mass tort, commercial litigation and food safety. Felker is a graduate of University of Virginia School of Law. Laura Baker has been named a shareholder in the Law Offices of John Day. Baker focuses her practice on representing individuals in personal injury and wrongful death litigation and domestic relations matters. She joined the firm in 2006, after earning her law degree at the University of Tennessee College of Law and her B.A. in Political Science at Rhodes College in Memphis, Tennessee.
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Nashville Bar Journal - March 2014
\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 Rachel Thomas has joined the firm of Riley Warnock & Jacobson, PLC as an associate. Prior to joining the firm, Thomas practiced as a trial attorney for more than five years with the District Attorney’s Office in Nashville. Her courtroom advocacy experience includes numerous jury and non-jury trials. Thomas graduated cum laude from the University of Tennessee College of Law in 2008, where she wrote for the Transactions, the business law journal. Thomas received her undergraduate degree in 2003, from the University of Virginia. She will focus her practice on business litigation. Christopher M. Caputo has moved to the Baker Donelson's Nashville office. Caputo, a shareholder in the firm, was previously located in the Memphis office. He practices construction law and litigation and leads the Firm's Tennessee construction practice. He represents and counsels real estate developers, public entities, contractors, design professionals and financial institutions throughout the entire United States and abroad. He is a graduate of Colgate University and the University of Miami School of Law. Julian L. Bibb has been elected President of the Tennessee Board of Law Examiners. He will serve a one-year term. Bibb, a Member of the law firm of Stites & Harbison, PLLC, has served on the Board of Law Examiners for the past three years. Prior to that, Bibb served as an assistant on the Board for 22 years. Anne Warner has joined the law firm of Podis & Podis as a bankruptcy associate. Warner received her Juris Doctorate from University of San Diego and a Bachelor of Music from Vanderbilt University. She is licensed to practice in Tennessee and California.
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Megan N. Deardorff has been named associate at Neal & Harwell, PLC. Her practice will focus on civil and criminal litigation. Deardorff was previously a litigation specialist at the firm. Deardorff earned her J.D. at the University of Memphis Cecil C. Humphreys School of Law and graduated cum laude from the University of North Carolina – Wilmington with a B.A. in Communications Studies and a B.A. in English. Tonya Mitchem Grindon, a shareholder in Baker Donelson's Nashville office, has been elected a member of the Firm's board of directors. Grindon was elected by Baker Donelson's shareholders to a three-year term as a member of the board. Grindon, chair of the Baker Donelson's Securities/ Corporate Governance Group, is the first woman from the Firm's Nashville office to be elected to the board. She concentrates her practice in securities and corporate finance, mergers and acquisitions, corporate governance, investment, management and international business transactions. Robert A. Peal has been named Partner at Neal & Harwell, PLC. . Peal joined the firm in 2009, as a litigation associate; his practice is concentrated on criminal defense and civil litigation with emphasis on False Claims Act and aviation-related litigation. Prior to joining Neal & Harwell, Peal served in the U.S. Marine Corps for thirteen years, first as an F/A-18D flight officer, followed by three years as a senior prosecutor. Peal earned his J.D. in 2006 from Vanderbilt University School of Law where he was Order of the Coif and Associate Editor of the Vanderbilt Law Review. He is a 1996 graduate of the U.S. Naval Academy with a B.S. in Mechanical Engineering.
The inaugural NAMI (National Alliance on Mental Illness) Tennessee Vision of Hope Gala honored Judge Daniel B. Eisenstein with the Vision of Hope Award for his work as judge for the Davidson County Mental Health Court over the last ten years as well as his collaboration with NAMI Tennessee and his advocacy for people with mental illness. Judge Eisenstein presides over Division II of the Davidson County General Sessions Court. Christy Tosh Crider, a shareholder in Baker Donelson's Nashville office, has been named chair of Baker Donelson's Women's Initiative. As chair of the Firm's Women's Initiative, Crider will lead the group dedicated to creating an environment where female attorneys thrive through recruiting, promoting and retaining female professionals by cultivating mentoring programs and preparing women for leadership positions within the Firm and the community. Crider, who also heads the Firm's Long Term Care Industry Service Team, concentrates her practice in long term care, behavioral health companies, managing the litigation of numerous long term care facilities around the country, medical malpractice litigation and many areas of tort and commercial litigation. Joshua A. Ehrenfeld has joined Burr & Forman LLP as Counsel. , Ehrenfeld will assist clients on domestic and international taxation matters, as well as corporate and business transactions. Ehrenfeld received his undergraduate degree from the College of William and Mary, his law degree from the University of Chicago Law School, and his L.L.M. in Taxation from the University of Florida. Shea M. Brakefield has joined Morgan & Akins, PLLC as an associate, She is a 2004 graduate of the University of Alabama School of Law. She has 8 years of experience in civil litigation, including trial and appellate practice. Brakefield will continue to focus her practice on Insurance Law and Defense in courts across the State of Tennessee.
Rebecca Barnett has joined Stites & Harbison, PLLC as Counsel in the Intellectual Property & Technology Service Group. Barnett is a Registered Patent Attorney and her practice is focused primarily on developing and maintaining domestic and international patent portfolios in the biological, chemical and mechanical arts. She earned her J.D. from Loyola University Chicago School of Law and her Bachelor of Engineering in biomedical engineering from Vanderbilt University School of Engineering. Barnett is currently pursuing a Master of Science in biotechnology from Johns Hopkins University. Barbara Gunn Lartey has joined Legal Aid Society of Middle Tennessee and the Cumberlands as victim advocate. Prior to joining Legal Aid Society, Gunn Lartey worked as a bilingual legal advocate at the Tennessee Coalition to End Domestic and Sexual Violence. She has also been a women’s education coordinator and bilingual medical case manager at Nashville Cares and a disability claims examiner at Social Security Disability Services. Mallory L. Schneider has joined the law firm Constangy, Brooks & Smith as an associate. She focuses her practice in employment law, with an emphasis on litigation prevention and defense. Her practice includes work in representing clients against alleged claims of race, sex, age, and disability discrimination as well as wrongful termination and state law matters. Schneider is a graduate of the Cumberland School of Law at Samford University in Birmingham, Alabama. Schneider completed her undergraduate degree at Florida State University.
Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.
Welcome New NBA Members!
John Baroni Thomas Beck Raquel Lee Bellamy Branstetter, Stranch & Jennings, PLLC* Laura Cade Therapeutic Interventions, Inc. Allison Champagne Country Music Television Jenna Claire Dillier Cole Law Group Brittany Dunbar Dunbar Law Erin Frankrone Mark Hammervold Gideon, Cooper & Essary, PLC Ashley Ladd Larry R. Williams, PLLC* William Lay Sean McCann Mark Murray Dean Newton Dean Newton, Esq. Daniel Parker Phillip Purcell Dynamic Hospitality Mitchell Ronningen Pepper & Brothers, PLLC Mary Katherine Schweihs Bass, Berry & Sims PLC Anne VanderBroek Robert Wedemeyer Tennessee Court of Appeals * Belongs to a 100% Club firm
Dial-A-Lawyer is held the first Tuesday of each month. The public is invited to call in with basic legal questions.
February Volunteers:
David Cooper Gina Crawley Tom Lawless Doug Pierce Joe Rusnak Morgan Smith
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. Nashville Bar Journal - March 2014
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Office Space Office Space Nashville attorney with established civil law practice looking to share office space and support staff. Please call (615) 251-5448.
Golf Getaway: The Cottages at Olde Stone Bowling Green, Kentucky Arthur Hills Signature Course 3 BR – 3 ½ baths – Full kitchen – Grill Screened porch on 9th Fairway Dining – Tennis – Resort Pool/ Hot Tub – Fitness Center Contact Amy Gilmet: (502)357-1901
Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550. Downtown Office Space-Court Square Bldg. 2nd FL. One to three offices. $1,000 to $1,500 depending on need. Shared expenses. Contact: kohllaw@bellsouth.net
Expert Witness Office Space Legal Nurse Consulting Handling cases with medically related aspects? Best Practice Legal Nurse Consulting can help you with superior case preparation. Best Practice can screen cases for merit, find expert witnesses, write summaries and chronologies of medical records, along with other services. Contact Lisa at 615-481-5047 or visit bplnc.com for more information.
BRENTWOOD AREA LAW FIRM Established Brentwood Law Firm has one office space immediately available. Includes receptionist services, internet, fax, use of conference room, copiers, and free and convenient parking. Professional work environment. Call 615376-8857 for details or schedule a showing.
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ABA Retirement .........................Front Cover DeLisi & Ghee, Inc. ................................. 17 Elder Law Practice of Timothy L. Takacs ..................................................... Back Cover IPSCO .............................. Inside Back Cover Lexus of Nashville ................................... 15 Loews Vanderbilt Hotel .......................... 09 NBA Attorney Directory .......... Front Cover NBA Career Center ................................. 24 Thomas F. Bloom, JD .............................. 13 Thomson Reuters ..................................... 19
Should You Join the NBA LRIS? LRIS Markets & Advertises Your Services When you join the NBA LRIS,
your practice benefits from the LRIS’ marketing and advertising programs. Currently, LRIS reaches potential clients through advertising in the Yellow Pages in various telephone directories throughout the state. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other Bar Associations and the Social Security Administration. Also, our on-line presence attracts clients nationwide. JOIN NOW Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 | wendy.cozby@nashvillebar.org The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.
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Elder Law Practice of Timothy L. Takacs
DIAGNOSIS: Elder Care Confusion Do your clients have the symptoms? Exhausted. Uncertain. Unprepared. Terrified. Exhausted: Frazzled by the competing demands of work, family and caregiving
Uncertain: No time to do the research needed to make good decisions about their loved ones’ future
Unprepared: No plan for the time when they can no longer manage their loved one’s care at home
Terrified: Worried that if long-term care outside the home is needed, the nursing home will take everything their loved one worked a lifetime to earn Elder Law Practice of Timothy L. Takacs has the antidote. It’s called a Life Care Plan. Loved ones get the care they need. Family assets are protected. Family caregivers enjoy compassionate support throughout the long-term care journey.
Don’t let your clients struggle alone. Refer them to Elder Law Practice of Timothy L. Takacs. For two decades, improving quality of life for elders and the families who love and care for them has been our primary focus. We can help your clients, too. Middle Tennessee: (615) 824-2571 Toll-Free: (866) 222-3127 Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com
Life Care Planning Elder Law Estate Planning Care Coordination