Nashville Bar Journal | February/March 2023

GULAM ZADE, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

SUMMER

MELTON, Managing Editor

LAUREN POOLE,

Managing Editor

ADRIENNE BENNETT CLUFF, Layout/Design/ Production

EDITORIAL COMMITTEE

RAMONA DESALVO

TIMOTHY ISHII

J. BART PICKETT

KATLIN RYAN

KRISTIN THOMAS

JONATHAN WARDLE

NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN.

POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, Nashville, TN 37219-2419.

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials toAdrienne.BennettCluff@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content.

NASHVILLE BAR ASSOCIATION

150 4th Ave N, Ste 1350 Nashville, TN 37219 615-242-9272 | NashvilleBar.org

The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. Our mission is to improve the practice of law through education, service, and fellowship. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

FROM THE PRESIDENT

Focus on the Fundamentals | Gulam Zade

To be a great lawyer, you must have a firm understanding of the fundamentals. Throughout my career, fundamentals have been the building blocks upon which I have been able to learn, grow and succeed. Three of the most important fundamentals that have appeared and reappeared throughout my career include:

1. Civility – During my 11+ years of involvement with the NBA, I’ve had the opportunity to become acquainted with numerous attorneys and legal professionals, many of whom have different backgrounds, perspectives, and career aspirations than my own. Working and collaborating with the talented, diverse members of the NBA helped me gain the knowledge and support to earn the position of NBA president in 2023.

2. Honesty – In 2022, I served as CEO of a legal technology consulting firm, LOGICFORCE, and led the company through its sale to the leading global provider of outsourced solutions to firms in the legal and accounting markets. The sale of the company was complex and arduous at times, and honesty was necessary from all parties involved. Because the decision makers in the transaction committed to an honest process, the sale was ultimately successful, and important relationships were preserved.

3. Integrity – Early in my career, I worked in private practice and faced client demands and requests that occasionally bordered unethical and illegal. Making decisions with integrity helped me build my reputation as a person and a professional who stays true to my principles and values.

One important aspect of mastering the fundamentals is knowing that you may experience and learn them in both traditional and unexpected settings. Some fundamentals of law may have been learned from TV shows during childhood (Matlock, anyone?). Others may have been learned during law school, or bar prep. Some of the most important ones we learn inside courtrooms, board rooms, or sitting in a partner or supervisor’s office. We even learn them in social settings at bar events, CLEs or on Friday afternoons eating lunch with friends and colleagues at Brown’s Diner.

As you continue to grow in your career, I encourage you to embrace the fundamentals you learn and the places in which you learn them. Regardless of your age, experience, or ambitions, the principles these fundamentals teach us, sometimes many times over, can be some of the most important and defining of our professional journeys.

Don’t forget to keep the “FUN” in fundamentals as you continue to invest in yourself and your career.

Sincerely,

Gulam Zade

2023 NBA BOARD OF DIRECTORS

GULAM ZADE, President

BAHAR AZHDARI, President-Elect

LORA FOX, First Vice President

MARLENE MOSES, Second Vice President

JD WILLIAMS, Secretary

GIL SCHUETTE, Treasurer

GRACE FOX, Assistant Treasurer

LELA M. HOLLABAUGH, General Counsel

BEAU CRESON, YLD President

MARTESHA JOHNSON MOORE, Immediate Past President

KAYA GRACE PORTER, First Vice President-Elect

KIM LOONEY, Second Vice President-Elect

CHRISTEN BLACKBURN

JAZ BOON

AMY WILLOUGHBY BRYANT

DANIEL CLAYTON

ERIN COLEMAN

SHERIE EDWARDS

HON. ANA L. ESCOBAR

SAM FELKER

MANDY FLOYD

ELIZABETH FOY

PAZ HAYNES

JOSEPH HUBBARD

JUNAID ODUBEKO

BEN RAYBIN

WORRICK G. ROBINSON IV

MARIE SCOTT

TIM WARNOCK

LUTHER WRIGHT

NBA TEAM

ABBY SPARKS, Executive Director

CAMERON ADKINS, CLE Director

ADRIENNE BENNETT CLUFF, Marketing & Communications Coordinator

TRACI HOLLANDSWORTH, Programs & Events Coordinator

SUSAN JENCZYK, Finance Coordinator

VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE?

We want to hear about the topics and issues you think should be covered in the journal. Send your ideas to Adrienne.BennettCluff@nashvillebar.org

Hear Ye, Hear Ye | Events of Interest

Volunteer for YLD Mock Trial

The NBA Young Lawyers Division will once again host the Davidson County High School Mock Trial Competition on Friday, February 24 and Saturday, February 25, at the Historic Metro Courthouse. Volunteers are needed to help judge and score each round on both event days.

You must be a licensed attorney to volunteer for the presiding judge slot and/or a juror who scores the round. You do not need to be a licensed attorney to volunteer as a bailiff. Volunteers are what make this competition possible every year, and both the YLD and the students greatly appreciate your time and support! Visit NashvilleBar.org/YLDMockTrial for more information. n

Have an Idea for a CLE?

We are always looking for creative, relevant, and Zoom-friendly CLE seminar ideas! Please contact Cameron at Cameron.Adkins@nashvillebar.org if you have an idea or would like to see a specific topic in the coming months. We appreciate you! n

Save the Date: 2023 Law Day

In celebration of the American Bar Association’s Law Day, the Nashville Bar Association invites you to join us on Friday, April 28, at the Downtown Renaissance Hotel for our 2023 Law Day Lunch. We are happy to announce our keynote speaker, Tennessee Supreme Court Justice Sarah Campbell, who will be speaking on this year’s theme: “Cornerstones of Democracy: Civics, Civility, and Collaboration.”

For the latest information, stay tuned to NashvilleBar.org/LawDay n

Welcome to the NBA!

Congratulations on your membership—thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org with questions or to learn more.

NEW MEMBERS (NOVEMBER 1 - DECEMBER 31)

Craig Allison

Olivia Al-Sadi

Leah Bennion

Christopher Biller

Cynthia Bowker

Meredith Box

Stacia Burns

Jay Campbell

Jennifer Carollo

Adriante Carter

Alyssa Castronovo

Nicole Chanin

Cory Chitwood

Jessica Clegg

Aubrey Condo

Monica Conley

Kenesia Cook

Parker Davis

Jessica de Leon

Katherine Denney

Halle Diaz

Zoe Doyle

Matthew Flood

Corinne Fombelle

Joshua Funderburke

David Gerregano

Brandis Godwin

John Grant

Katherine Griffin

Gabrielle Haddad

Ashley Harbin

Bridget Holder-Markovski

Brian Hurst

Matthew Jacobs

Zane Jud

Isaac Kimes

Kaitlin Krupp

J. Grant LaBar

Ann Langley

Elizabeth Leiserson

Ann Mahoney

McCall Matlock

Kelley Meyerreicks

Ann Minor

Sara Norton

Hailey Parmenter

Julie Payne

Mark Plotkin

Kevin Reid

Jarod Richert

El Shon Richmond

Arianna Robbins

Colleen Ryan

Kenny Saffles

Matthew Schulenberg

Kevin Seguin

Deke Shearon

Karen Simo

Kathryn Skagerberg

Zoe Smith

Reagan Stanfill

Kailyn Stone

Jordan Stringer

Elena Surmen

Noah Thornberry

Jacob Vanzin

Ashley Varnedoe

Jeffrey Waits

Elliott Webb

Jacob White

Shannon Wise

The H-1B Visa: Employers’ Answer During the Great Resignation

Everyone knows someone who has moved jobs in the current Great Resignation. Employers can’t seem to prevent turnover and hiring managers are scrambling to fill positions. For January 2022, the Department of Labor reported that there were 11.3 million job openings and 6.1 million job separations.1 Many companies are turning to virtual assistants, both inside the U.S. and abroad, for additional support. But what about those companies who require “boots on the ground” in the U.S. to fill open positions? Employment-based visa sponsorship may be the answer.

The H-1B “specialty occupation” visa is often used to employ foreign national professionals. Specialty occupations include engineers, IT personnel, financial analysts, actuaries, and other fields in which a bachelor’s degree or its equivalent is required. Job positions that do not require a bachelor’s degree, such as truck drivers, machinists, and technicians, do not qualify for an H-1B visa because these positions are not considered “specialty occupations.”2 The H-1B visa category, which is governed by federal law, is subject to an annual quota and takes place annually in March. Once this lottery has occurred, new H-1B visas are not available during a large portion of each year.

An employer may sponsor a foreign national in the lottery who is currently abroad or a foreign national who is currently present in the U.S. in another visa category. Many employers hire recent university graduates who are present on student visas and hold Employment Authorization Documents (EADs). The employer may sponsor the foreign national in the H-1B lottery while the foreign na-

tional continues work using a valid EAD or using a provision called Cap Gap 3

However, an individual who is transferring their H-1B visa from their current employer to another company is exempt from the annual quota and can transfer at any time during the year. They may begin working at a company as soon as the transfer petition has been filed and the receipt notice has been received.4 Many foreign nationals, however, want the insurance of the H-1B transfer petition to be approved before beginning work for the new employer.

The H-1B is valid for a total stay of 6 years in the United States. However, changing employers does not restart the 6-year clock.5 Therefore, it is important for a company to understand how much remaining time a potential transferee has in H-1B status. Otherwise, the company may find itself losing that employee soon, or being pressed to begin the green card process right away, or both. An extension beyond the 6-year limit is available where the transferee progresses far enough in the green card process to qualify for the extension. This milestone requires holding an approved I-140 petition. In the current job market, green card sponsorship of H-1B workers is a standard expectation by foreign nationals once 6sixmonths to one year of performance reviews have been performed.

The employer is responsible for covering nearly all the fees associated with an H-1B petition. In addition to legal fees, the government filing fees involved in filing an initial or transfer H-1B petition are approximately $2,460.6 There is also an optional gov-

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ernment filing fee of $2,500 to expedite the adjudication of the H-1B petition, which can be paid by either the individual or the employer. Understandably, employers who incur substantial expenses in obtaining H-1B approval for an employee often wish to recover these expenses if the employee leaves early. However, federal regulations provide that employers cannot recoup these expenses if they constitute a penalty under applicable state law. As in many human resources and legal matters, early assessment is critical when the eligibility, timing, and long-term planning for a foreign national transferee is involved. n

VICTORIA GENTRY is the Managing Attorney of The Immigration Group, P.C. She counsels clients of all sizes, from startups to Fortune 100 companies, in on business-related immigration matters in the IT, Engineering, Finance, Pharmacy, and Insurance industries.”

Endnotes

1 See 8 C.F.R. § 214.2(f)(5)(vi).

2 “Job Openings and Labor Turnover – November 2022” News Release from the Bureau of Labor Statistics, U.S. Department of Labor, March 9, 2022.

3 A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” 20 CFR § 655.715.

4 8 CFR 214.2(h)(2)(i)(H).

5 8 CFR 214.2(h)(15)(ii)(B)(1).

6 These fees many fluctuate based on the size of the employer and other factors.

On Thursday, December 8, 2022, The Nashville Bar Association celebrated the close of 2022 with our Annual Meeting & Banquet. Between reflections on the year and expectations of 2023, many awards and honors were given to members of the Nashville Bar Association who went above and beyond in serving the NBA membership and forwarding our mission to improve the practice of law through education, service, and fellowship.

Every year, the Nashville Bar Association recognizes attorneys who have practiced law for 50 years with the distinction of an Emeritus membership. The individuals who were present to receive their Emeritus Award at the banquet are listed:

W. Gary Blackburn is an 8th generation Tennessean who graduated from the University of Tennessee with a degree in history in 1969. Gary graduated from Vanderbilt Law School in 1972, still a Vols fan. He served as an Assistant U.S. Attorney in Nashville. He has been Secretary of the Metro Transit Authority, a member of the NBA Board of Directors, and a longtime member of the American Board of Trial Advocates, as well as a state chapter president in 2007. Gary is married to Judge Melissa Blackburn.

Tom Corts graduated from Hillwood High school in 1965. He graduated from The University of Tennessee in Knoxville in 1969 and then attended law school at The University of Tennessee College of Law where he graduated in 1972. He was licensed to practice in September of 1972 and after spending three months attending the U.S Armor School in Fort Knox, he joined the firm of Ortale Kelley Herbert & Crawford in January of 1973. He remained at Ortale Kelley until his retirement in October of 2022. He has handled or tried cases in all divisions of the Tennessee Federal Courts and in nearly all judicial districts or counties in the state of Tennessee. He is the father of 4 sons and has 10 grandchildren, all living in Nashville.

Hon. William C. Koch, Jr. is currently the President and Dean of the Nashville School of Law. Before joining NSL in 2014, he served on the Tennessee Supreme Court and the Tennessee

Court of Appeals. During his 30-year judicial career, Dean Koch was recognized as one of the 500 Leading Judges in America and as Tennessee Appellate Judge of the Year. He also received the TBA’s Justice Frank F. Drowota III Outstanding Judicial Service Award and the NBA’s Liberty Bell Award. Before becoming a judge, Dean Koch served as Counsel to Tennessee Governor Lamar Alexander, Commissioner of Personnel, and Deputy Attorney General. Dean Koch earned his B.A. from Trinity College; his J.D. from Vanderbilt University; and his LL.M. from the University of Virginia. He teaches Constitutional Law and Tennessee Constitutional Law at NSL. He has also received appointments as an adjunct professor at Vanderbilt School of Law and Belmont College of Law. Dean Koch is a local and national leader in the American Inns of Court movement. He chairs the Tennessee Trial Court Vacancy Commission and serves on the Tennessee Board of Judicial Conduct. He is also on the boards of Cumberland University, the United Way of Metropolitan Nashville, and the Community Foundation of Middle Tennessee.

Hon. Walter C. Kurtz is a graduate of the Citadel 1965 and Vanderbilt Law School 1972. Serving in the U.S. Army 1966-69 including tour in Vietnam 1968-69 with armored cavalry squadron, he was four times awarded a Bronze Star Medal, including Bronze Star Medal for Valor. From 1973-76, he was the Director of Nashville Legal Aid Society and the Nashville Public Defender from 1978-82, where he argued case before the U.S. Supreme Court 1979 Rose v. Mitchell, 443 U.S. 545 (1979). Kurtz served as Circuit Judge from 1982-2008 and as a full-time Senior Judge from 2008-2013. He has Presided over hundreds of civil and criminal cases, both jury and nonjury, to include eight death penalty trials and a number of civil class action cases. Kurtz concluded his full-time judgeship in July 2013, however, continues to sit on occasion by special appointment. Through his career, he has been licensed to practice in courts that include Tennessee, U.S. District Courts Middle and Eastern Dis-

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CAN YOU NAME THESE PEOPLE?

Be the first person to email the correct answer to Adrienne.BennettCluff@ nashvillebar.org, and your name—along with the correct answer—will appear in the next issue.

DEC/JAN GOLDEN OLDIES

We stumped you!

Individuals are listed from left to right: Billye Sanders, Gordon & Claudia Bonnyman, and Ashley Wiltshire.

You practice the law.

Billable hours. That is what grows your practice. With Intelligent Office, you can control your costs and your time. Let us take the busyness out of your schedule (like administrative tasks and call screening), so you can focus on what matters and start saving a small fortune on overhead.

• Virtual address and mail services

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Mike Hemmelgarn

Intelligent Office Nashville

Special Hint: One person pictured was the first president to give President’s Awards at the NBA Annual Meeting & Banquet, the other was the first to receive a President’s Award.

BACKGROUND CHECK Abby Sparks | Bart Pickett

inspired Sparks to go to law school. Sparks only applied to UT College of Law, thankfully got in, and matriculated in the fall of 2003. While there, Sparks completed the advocacy concentration, took every clinic she could, and also held a leadership role in the UT pro bono program.

Back in September, the NBA got a new executive director, Abby Sparks. Sparks, the daughter of college professors, spent most of her childhood in Michigan before moving to Knoxville in middle school. While attending Farragut High School, Sparks was a “huge band nerd.” She played the flute and piccolo. She even met her now husband, Jason, in high school marching band.

Sparks attended UT Knoxville where her love for band carried over. She played in the Pride of the Southland marching band and in the basketball pep band. Eventually, the enormous time demands led Sparks to leaving the band. She had been a music major but switched to Child and Family Studies with minors in flute performance and women’s studies.

Following graduation in 2001, Sparks had planned to take 2 years off before getting a masters in social work. She worked for social services agencies as a case manager helping adults with mental illness and substance abuse diagnoses. Her social work led to her having interactions with the public defenders and with Legal Aid attorneys. These interactions

Sparks never planned to move to Nashville but when Jason took a job here, the couple decided they would make it work. As a result, Sparks stayed with family during the week and went to Nashville on the weekends during her 3L year.

After graduation in 2006, Sparks moved to Nashville and landed at a smaller plaintiff’s personal injury firm. That position allowed her to dive headfirst into litigation and she felt she truly helped people in that role.

Sparks later learned of an opportunity working with the State of Tennessee through a law school friend who worked at the TN Department of Human Services and she accepted a job as an administrative hearing officer. Sparks moved to the TN Department of Revenue where she started off in the GC’s office handling state tax issues but slowly switched over to handling employment issues for the department. She became the HR Director for the Department in 2012. She learned quickly that there is a difference between doing employment law and overseeing HR, which took some adjustment, but she loved HR work. She eventually went back to the Department of Human Services to become the Assistant Commissioner of People Operations, where she stayed until the Fall of 2022.

Sparks loved her time working for the State for almost 15 years and the

opportunities she was given to grow, take on leadership roles, and pivot in her career. While she wasn’t actively looking for a career change, Sparks was excited when she heard about the NBA Executive Director opening. She had not been the most active in the NBA, but she had been involved in other bar associations, including serving as president of LAW. Following a rigorous interview process, the NBA selected Sparks for the role.

Sparks has found that there are a lot of transferrable skills she has but she also has a lot of learning to do. During her first year, she plans to learn as much about this organization and connect with as many members as possible.

When not working, Sparks can be found volunteering in the community. She has been active with West End Synagogue for many years including serving on the board. She also serves on the board of Mending Hearts.

Sparks describes herself as a “consistent runner” having run 5 full marathons and countless half-marathons. The pandemic also led to the new interests of baking and an ever-growing collection houseplants.

Sparks and her family live in Bellevue. Jason works in business development. The couple has a son, Sam (14), a daughter, Zoe (11) and a rescue dog, Penny (6). n

BART PICKETT was recently appointed as the State Trial Court Administrator for the Twentieth Judicial District where he oversees the operations of the 18 State Trial Courts. Prior to that, he practiced as a trial attorney for Liberty Mutual Insurance Company.

Editorial | 2022 Annual Meeting & Banquet Award Review (continued from page 9)

which is now Sherrard Roe Voigt & Harbison. Roe’s practice has concentrated in real estate and corporate law. He is a past Chairman of the Real Estate Section of the Tennessee Bar Association and was a member of its committee responsible for drafting the Tennessee Condominium Act of 2008.

tricts, U.S. Court of Appeals, Sixth Circuit, and the U.S. Supreme Court. Born in 1943, raised in Elmira, New York. He is married to Chancellor Ellen Hobbs Lyle. He has three children and eight grandchildren.

Charles “Charlie” A. Leach was born in Kentucky in 1939. His family moved to Nashville in 1951 and he attended Parmer School, Hillsboro High School, and the University of Tennessee. Before starting college Charles joined the USAF and in 1959, at age 20, graduated from Aviation Cadets, winning his commission and his Navigator wings. He was assigned to SAC and became a Navigator/Bombardier on B-47’s, leaving active duty in 1963. He joined the Tennessee Air National Guard and continued to fly part-time for the next 25 years, retiring from the military in 1988. Charles attended Nashville School of Law, graduating and passing the Bar in 1972. He joined the firm of Butler, Tune & Entrekin in 1972 (now Tune, Entrekin & White) and was mentored in litigation by Jack Butler and John Tune. In 1978 he became a partner in Thompson, Harris & Leach, a boutique Music Row law firm, where Charles continued his litigation practice.

Ronald K. Nevin After graduating from the University of Tennessee Knoxville in 1969, Nevin entered the UT College of Law and graduated in 1972. At that time, he could not imagine how challenging and ful-

filling his law practice would be over the next fifty years. Nevin has had the pleasure of working with his colleagues, especially his son Ryan, and having great support from staff and his exceptional family. He has also enjoyed serving on Bar Association committees, including Chair of the Probate Court Committee, as well as membership on many community boards. Highlights include Chair of Multiple Sclerosis Society Board of Trustees of Middle Tennessee, Nashville Junior Chamber of Commerce Board of Governors, Legal Counsel; Davidson County UT Alumni Board of Directors, and Texas Christian University Parents Council Board. Nevin considers it is an honor to reach the milestone of 50 years practicing law and will continue to provide legal services to those who need assistance.

John H. Roe, Jr. attended Vanderbilt Law School, where he served as an Articles Editor on the Vanderbilt Law Review. At graduation in 1972, he was awarded the Founder’s Medal for first honors. After graduation, Roe was an associate attorney at King & Spalding in Atlanta from 1972 to 1974. In 1974 he returned to Nashville and joined the firm of Stephenson & Lackey until 1976 when he became an associate attorney at Trabue, Sturdivant & DeWitt and a partner at that firm in 1978. In 1981 he co-founded the firm of O’Hare, Sherrard & Roe with James O’Hare and Tom Sherrard,

Tom White is a founder of Tune, Entrekin & White, formed in 1978. A graduate of Vanderbilt Law School, he is a past president of the Nashville Bar Association and served on the Board of Directors on two separate occasions. He is a Past President of the NBA’s Young Lawyers Division, a member of the American College of Trial Lawyers and the Nashville and Tennessee Bar Associations. He is regularly listed among the Power Leaders in Davidson County. Often referred to as one of Nashville’s preeminent land use attorneys, White has represented many clients in high profile cases. His practice is not limited to land use but includes representation of the late Porter Wagoner in the successful litigation against Dolly Parton. He served as counsel for Harpeth Hall, Harding Academy and Father Ryan in its successful move to Oak Hill. He has represented Gaylord, Hoover, and many land developers in Nashville.

John P. Williams is a graduate of Davidson College and Vanderbilt Law School (’72). He has served as an attorney with the U. S. Department of Interior and the U. S. Department of Justice. Since 1996, he has been a member of the Nashville law firm Tune, Entrekin & White.

Ed Yarbrough is a 1972 graduate of Vanderbilt School of Law and a 1967 graduate of Rhodes College. Between those events Ed was an Infantry Lieutenant at Arlington National Cemetery and received a Bronze Star for combat service in Vietnam. He began his practice of law as an Assistant District Attorney in Nashville and was also appointed United States Attorney by Pres-

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Editorial | 2022 Annual Meeting & Banquet Award Review (continued from page 12)

ident George W. Bush in 2007. In private practice, Ed was a partner at Hollins Wagster and Yarbrough for thirty-one years and is presently of counsel at Spencer Fane Bone McAllester where he still practices full time. Ed was president of the Nashville Bar Association in 1983 and returned to the Board in 2006. He has received the Nashville Bar Foundation’s David C. Rutherford Award, as well as the Jack Norman Sr. Award and CLE Excellence Award from the NBA. In 2011, he was awarded the Criminal Justice Section Service Award by the Tennessee Bar Association. Ed is a Fellow of the American College of Trial Lawyers and a Charter Fellow of the Nashville Bar Foundation.

Among the many Emeritus Awards given to members that have reached their 50 years of legal service, a few other awards were given to a variety of people for their contributions and service.

The YLD President’s Award is given to a board member of the Young Lawyer’s Division whose dedication and efforts have raised the overall profile of the NBA. The 2022 YLD President’s Award recipient, Cherrelle Hooper, was an invaluable advisor to YLD President, Jeremy Oliver, on countless issues throughout his Presidency. She has also spearheaded a new initiative that will soon result in a beautiful mural on the side of the Tennessee Justice Center’s new building painted by Omari Booker.

The YLD Enterprise Award is given to a member of the Young Lawyer’s Division who has advanced the charitable purposes of the NBA through a new initiative, program, or activity. Hannah Kay Hunt Freeman has worked extremely hard to further advance the relationship between the TBA YLD and the NBA YLD. In doing so, she helped create new synergies between the two organizations, and even volunteered her time to spend a few days with Mickey Mouse at the TBA conference in Disneyworld.

The NBJ Contributor of the Year Award recognizes Nashville Bar Journal committee members who went beyond the call of duty to ensure the success of the publication. The 2022 recipient, Caroline Sapp, was recognized for her years of editing and contributions to the Nashville Bar Journal. As of 2021, Caroline opened her own law office, The Law Office of Caroline E. Sapp, in her hometown of Sparta, TN. While she recently had to stepdown from the editorial committee, her time spent to bring the best of the NBJ to the membership has been invaluable.

The NBJ Article of the Year Award recognizes contributing author(s) whose published work exemplified the quality, clarity, and relevance that the publication’s readership deserves. Hon. Jane B. Stranch received this award for her article, Advancing the Rule of Law Now, in the December/January 2021-22 Nashville Bar Journal. This piece was originally an inspiring speech given at the NBA’s 2021 Law Day Lunch, with a theme that encouraged reflection on the roles in promoting the rule of law, defending liberty, and pursuing justice. Judge Stranch was appointed as a federal judge with the US Court of Appeals of the 6th Circuit in 2009 by President Barack Obama and confirmed in 2010.

The CLE Excellence Award recognizes member(s) who have demonstrated dedication and commitment to the NBA’s mission to provide cutting edge, quality continuing legal education to improve the knowledge and practice skills of lawyers. The 2022 award was given to Tim Warnock due to his continued service to the Nashville Bar Association’s CLE department. Tim is a current member of the NBA Board of Directors and is a Partner at Loeb & Loeb, LLP. In 2022, Tim participated in and produced 3 of the NBA’s largest CLE programs. These seminars included

an introduction to the Business Court Pilot Program, the Master’s in Trial program in collaboration with the American Board of Trial Advocates, and the annual Entertainment, Sports & Media Law Institute.

The President’s Awards are presented by the sitting president to recognize a variety of people, groups, or organizations that serve the Nashville Bar Association as well as the Greater Nashville community. The 2022 President’s Awards were given to the Executive Director Search Committee, which included Gulam Zade as the Chair, Laura Baker, Daniel Clayton, Judge Frank Clement, Beau Creson, Charles Grant, Monica Mackie and Joycelyn Stevenson. Additionally, an award was given to Diversity Committee Co-Chairs, Tabitha Robinson and Amy Bryant, for their work as committee chairs and the production of the 2022 Diversity Summit, as well as keynote speaker Cyntoia Brown Long. The final President’s Award was given to the Tennessee Innocence Project for their contributions to the Nashville community and their work to exonerate wrongfully convicted Tennesseans. We are always happy to celebrate our members and their excellence throughout the year, and we look forward to what 2023 brings. n

CAMERON ADKINS is the Nashville Bar Association’s CLE Director. She is a Nashville native and is expecting a baby boy in April. If you have CLE ideas or baby advice, please contact her before her maternity leave begins.

ADRIENNE BENNETT CLUFF is the Marketing & Communications Coordinator for the Nashville Bar Association. She moved to Nashville in 2016 from Austin, Texas to attend Belmont University.

Are Impaired Lawyers Insurable?

Multiple lawyers and firms have reached out to me over the years, each concerned about impairment and wanting to discuss their options. In light of these conversations, and with a desire to put one significant misconception to rest, I have asked and answered several questions as a way to share what my response has been.

What is your definition of the phrase “lawyer impairment” and why is this definition important?

While I often define this phrase quite broadly, for the purposes of this article I am going to narrow it slightly. Lawyer impairment can encompass impairments that to varying degrees our society tends to stigmatize such as mental illness and chemical dependency. Lawyer impairment also includes long-term disabilities that can arise out of an accident or illness, or a terminal illness, for example, cancer.

This definition of lawyer impairment is important because any one of us can become impaired and we need to be more open and proactive about addressing impairment when it arises. The longer an impairment remains unaddressed, the more severe the impairment or its consequences can become.

Lawyers struggling with a mental health impairment are often quite resistant to seeking help due to a fear of being viewed as weak, crazy, or even dangerous; as unable to cut it as a lawyer; as different because there’s something wrong with them; or of being told that their problem is self-inflicted so they should “just get over

it.” Those struggling with a chemical dependency face similar fears. Those suddenly dealing with a disability or terminal illness sometimes hide the truth due to embarrassment; a belief that they have let others down and will be viewed as such; and a fear that they may no longer be competent or will be viewed as incapable. When all of this is considered in the context of impact on livelihood, such feelings and fears can be a substantial roadblock to dealing with an impairment in a healthy way. It needn’t be this way.

Okay, so what is the significant misconception?

The one significant misconception is that there will be some type of negative repercussion if a firm’s malpractice insurer somehow learns that one of its lawyers is impaired. Worries include being charged higher premiums, being denied continuous coverage, having someone forced into quitting the practice of law, being told how the firm must manage the situation in order to remain insurable, and the list goes on. The overriding concern is one of insurability.

Here’s the reality. There is no truth to any of this. Malpractice insurance applications don’t ask firms to disclose the number of firm attorneys who are currently struggling with depression, being treated for a terminal illness, or have an opioid addiction. The fact that one or more firm attorneys may have an impairment in and of itself doesn’t matter. Should an insurer come to learn of an impairment, perhaps in the process of handling a claim, the concern will be

(continued on page 19)

Website Accessibility Lawsuits on the Rise: What You Need to Know

Your company has just been sued in federal court for operating a website that allegedly prevents individuals with vision impairments from fully accessing the site. The plaintiff bringing the lawsuit purports to bring the case as a “class action,” meaning he or she represents every visually impaired individual who has ever visited your website. According to the plaintiff’s complaint—the document that initiated the lawsuit—you must fix your website and pay significant damages, fines, and legal costs for engaging in “intentional discrimination” against the visually impaired.

Sounds scary, right? This scenario has become all too familiar for thousands of early and growth stage companies who have been sued due to alleged flaws in their websites. We’ve defended a number of these suits, and if you’re facing one, here is what you need to know:

1. You’re Not Alone.

For companies that are not used to being sued, being served with a lawsuit can be jarring, particularly when that lawsuit is brought as a class action and alleges that you have engaged in intentional discrimination. Know, however, that you are far from alone, as plaintiffs have filed thousands of these website-related lawsuits across the country. While the specific allegations may differ from case to case, the plaintiffs in these suits generally allege that the screen reading software relied upon by visually impaired individuals to surf the web cannot access certain pages, features, and/or con-

tent on the defendant’s website.

Moreover, it’s possible, if not likely, that the plaintiff in your case has filed similar cases against many other companies. In fact, some plaintiffs’ lawyers have brought hundreds of website-related lawsuits on behalf of the same visually impaired plaintiff. Each time the plaintiff visits a new website that allegedly denies equal access, the plaintiff’s lawyers can easily turn that visit into a new lawsuit. All they have to do is add the name of the new website and the company that operates it to the same stock complaint they have filed dozens of times before.

2. Your Monetary Exposure Is Probably Not as Significant as the Complaint Makes It Seem.

The plaintiff’s lawsuit makes it sound like your company is facing an existential threat to its existence—how can the company pay damages to an entire group of plaintiffs, as well as significant fines and legal costs (i.e., the attorneys’ fees incurred by the plaintiffs’ lawyers in bringing the case)? This sounds daunting to any company, and especially to early and growth stage companies that have no in-house legal counsel or prior experience with litigation.

The reality is that the company’s monetary exposure is probably not as significant as the Complaint makes it seem, and you should consult with a lawyer to confirm whether that is the case. For example, the plaintiffs in these cases often bring claims under the

(continued on page 22)

The Coolest Things We Saw at CES 2023 |

Bill Ramsey & Phillip Hampton

The long drought is over. For over a decade now we have consistently made our way over to Las Vegas the first week of January each year to attend the world’s largest consumer electronics expo, CES. Due to the Covid pandemic, however, for the past three years, we have not been able to attend the show in person. Finally, as the calendar flipped to 2023, we packed our bags and headed out to Vegas for the first time in three years to witness what we like to call the “Super Bowl for Techies/Nerds.” We can report that CES is back in all of its glory. The crowds were back this year and so were the exhibiters (for the most part). We saw inspiring tech, mind-blowing tech, useful tech, and (what shall we call it?) tech that we don’t know how they thought it up. So, fresh from our quick trip to Vegas, here are some of the coolest tech trends and gadgets we saw at CES 2023.

VR and AR headsets: We spent all year in 2022 talking about “Are You Ready for the Metaverse.” Apparently, the answer is “yes” from a whole host of companies racing to produce the best hardware to optimize our metaverse experience. Each year at CES, there seems to be some product that is just ubiquitous as you traverse the expansive exhibit halls. This year was the year of the VR/AR (Virtual Reality / Augmented Reality) headset. They were everywhere. HTC probably stole the most headlines with its new competitor to Meta’s Meta Quest Pro headset. HTC revealed the VIVE XR Elite which is a standalone headset (not tethered to a device) that can function as a complete VR headset or can be minimized to a more eyeglass-like form factor, which would make it a potential solution for AR applications. This dual functionality is indeed interesting since it is widely rumored that Apple is working on an AR glasses concept. It looks like the MetaWars are beginning; and that usually bodes well for consumers.

Not to be outdone, TCL revealed their RayNeo X2 AR glasses that, at first glance, could fool you into thinking they are just regular eyeglasses. TCL touts these lightweight AR glasses as being able to project a wide array of information right in front of your eyes from language translation to travel directions overlaying the landscape directly in front of you. The fact that hardware developers are seeking to minimize the bulk and obtrusiveness of VR/AR headsets is a positive

development for a business-friendly metaverse.

Sustainability and Electric

Transportation: A clear overarching theme of most big technology companies at this year’s CES was “sustainability.” From electric cars, motorcycles, and boats to technology that actually seeks to clean the environment; companies worldwide are jumping on the sustainability bandwagon in a big way. One of our favorite examples is ICOMA’s Tatamel e-bike. A CES 2023 Innovation Award winner, the Tatamel is a curious looking electric “bike,” that is sort of a cross between a moped and a scooter. It has a top speed of 25 mph and about a 20-mile range on a full charge; so the use application is for intra-city or neighborhood transport only. But its function as an e-bike is only the starting point. The Tatamel folds down to the size of a briefcase; and its custom panels can be reconfigured to turn this “bike” into a desk or a TV panel. Riding a Tatamel is like riding your own personal transformer. Very cool indeed.

Health and Wellness: The health and wellness tech sector has just exploded. There are gadgets to monitor just about everything from your biorhythms and sleep cycles to how well you brush your teeth. Filed away in our “bizarre but intriguing” category this year was a new gadget from well-known French electronics

(continued on page 30)

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE.

FEB 27 | VIRTUAL SEMINAR POWER ACT PRESENTATION OVERVIEW

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Magistrate Judge Alistair Newbern United States District Court, Middle District of TN

Sharon Robertson

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whether the impairment is being responsibly addressed.

Think about it this way. There’s a huge difference between a lawyer who refuses to acknowledge he is an alcoholic and a lawyer who recognizes that a drinking problem exists and seeks appropriate help. Life happens, and insurers understand that. It’s the fallout of failing to appropriately address the issues that can result in adverse consequences with your insurance coverage, not the impairment itself.

Look at it from an insurer’s perspective. Which firm would you rather insure: 1) a firm that has a culture of zero tolerance for even acknowledging that someone might be impaired, or 2) a firm that recognizes life happens and is culturally supportive of whoever might be dealing with an impairment?

I assure you the zero-tolerance firm is a much higher risk. Denial, intentional ignorance, and intolerance create conditions that allow potential problems to fester and multiply. That’s high risk. Openness, empathy, and support leads to the exact opposite outcome. This is a far more acceptable risk.

Insurers are in the business of evaluating risk and you are in control of what that risk looks like. Stated another way, individuals and even firms are not always defined by the circumstances they find themselves

in. They are more often defined by how they respond to the situation. Again, life happens. Rise to the occasion.

With this misconception put to rest, do you have any practical advice to share about dealing with an impairment? Here is a little practical advice for dealing with an impairment:

1. Failing to deal with an impairment individually and as a firm has consequences. Should the legal interests of clients be adversely affected as a result, malpractice claims and disciplinary complaints may not be far behind. In light of this, my best advice is to do all you can to create an environment that seeks to prevent such a thing from ever happening. If not already in place, a firm culture that prioritizes well-being would be a great place to start.

2. In order for an individual to responsibly address an impairment, recognize that some type of temporary or permanent transition may need to take place. As a firm, do everything you can to identify and work through the transition issues together. This is a time when the efforts of a team can make a huge difference for all involved. Issues to consider might include workload, file review, schedule changes, role changes, file handoffs, client contact, client introductions, conditions of remaining with the firm, conditions of returning to the firm after an extended absence, capturing any intellectual capital before the opportunity is lost, impact on the impaired attorney’s income, necessary workplace accommodations, and the list goes on. A solo practitioner should work with a trusted colleague on many of these same issues.

3. Should you ever find yourself having to accept the reality that you have an impairment, don’t try to go it alone. Reach out to and rely upon your personal support

systems. Allow spouses, friends, family members, colleagues, and the like to be there for you. Be open to accepting their support, respect, and care. Your journey will be all the better for it.

Any parting words of wisdom?

A misconception that needlessly creates risk by preventing someone from prioritizing their health is a misconception that must be dispelled. My hope is that by correcting the record, this will lead to different and better choices. Individuals who might have been reluctant to seek treatment may feel more inclined to do so. Firms that have been unwilling or unable to acknowledge that their lawyers and staff do struggle with serious problems at times may now be more open to taking both proactive and responsive actions.

Lawyers and firms have wide latitude in how impairment can be addressed. Just know that it starts with 1) recognizing that impairments are common and 2) understanding that no one should have to work through the challenges of personal impairment alone.

This article was provided through the NBA’s partnership with ALPS to bring quality content and affordable liability insurance to our membership.

MARK BASSINGTHWAIGHTE, ESQ. has been a Risk Manager with ALPS, an attorney’s professional liability insurance carrier, since 1998. In his tenure with the company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits, presented over 400 continuing legal education seminars throughout the United States, and written extensively on risk management, ethics, and technology.

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Capitol

Peggy Sue, the Beagle Hound

No Dog ever enjoyed a hunt unless she could do some barking.

Opening Day. With great excitement and some concern for the unknown, the 113th General Assembly convened in the State Capitol in Nashville at noon on Tuesday, January 10. Senate Speaker and Lieutenant Gover-nor Randy McNally was reelected, and House Speaker Cameron Sexton was reelected as well. Unlike our friends on the Potomac in Washington, neither of these state elections had any drama. Members were then sworn into office, and a largely ceremonial week began. Jason Mumpower was reelected as State Comptroller, and David Lillard was reelected as State Treasurer. Ethics training sessions were conducted for legislators and lobbyists alike. The General Assembly stood in recess until Friday afternoon, January 20, for the beginning of the Second Inaugural Events for Governor Bill Lee. Friday evening saw a Leadership Dinner for large contributors at the Tennessee Residence and then a Reception for the general public at the Wildhorse Saloon on Second Avenue. The formal Inaugural Ceremony was Saturday, January 21 at 11:00 am

in the War Memorial Building Auditorium. The regular session then began in earnest on Monday, January 23.

Bill Filing Deadlines: January 31 for the House, and February 6 for the Senate.

Senate Bill 87 by Watson / House Bill 48 by Lamberth. Senate Finance Ways & Means Committee Chair, Bo Watson of Hamilton County and House Majority Leader William Lamberth of Sumner County have developed a new interest in the Metropolitan Nashville and Davidson County Council as shown in the noted newly filed legislation. In a nutshell, the bill would reduce the size of the Council from 40 members to 20. The number 40 was a compro mise in 1962 when the City of Nashville and Davidson consolidated. The com promise permitted the old city council members and the county legislative body members an opportunity to run for a seat on the new Metropolitan Council. As presently drafted, it would remain for the Council to determine whether to maintain members elected at large or to have all single district members. As presently drafted, the current Council would serve an additional year, and an

election would be held in August 2024 for three-year terms. Subsequent elections would be for four-year terms. The Metropolitan Council is the third largest municipal governing body in the country trailing only New York with 51 and Chicago with 50. An earlier proposed charter revision reducing the size of the Council to 27 failed by referendum in 2015. It goes without saying that the relationship between the deep blue Davidson County and the ruby red State Legislature has been contentious in recent years. Decisions over hosting the Republican National Convention in 2024, School Funding, Private School Vouchers, and even a new Titans Stadium made feelings tender. Given the sponsors, we will have howling, but the likelihood of passage in some form is high.

Calendar Notes. State and NBA offices will be closed on Monday, February 20, 2023, for the Presidents Day Holiday.

The most important election is the next one, and eyes will turn to the August 3, 2023, Nashville election for Mayor, Vice-Mayor, and the 40 Metropolitan Council positions. n

Editorial | Website Accessibility Lawsuits on the Rise (continued from page 16)

federal Americans with Disabilities Act (“ADA”), but that law does not permit private plaintiffs to recover damages or fines. Instead, the ADA only allows a plaintiff who has been subjected to discrimination to obtain “injunctive” relief (e.g., a court order requiring the company to fix the website) and, if the Court decides it is appropriate, a monetary award covering the attorneys’ fees incurred by the plaintiff’s lawyers in bringing the case.

But there is no guarantee that a plaintiff can recover attorneys’ fees in connection with an ADA claim and, in fact, some courts have openly questioned the appropriateness of awarding fees to plaintiffs’ lawyers who “have created a cottage industry by bringing multiple [website-related] cases against small businesses on behalf of the same plaintiff when that plaintiff has no genuine intention of using the services of so many businesses.” In such cases, courts may be warranted in reducing the amount of an attorneys’ fees award or in disallowing a fee award entirely.

Separate from the ADA, some plaintiffs will bring claims under analogous state laws and seek damages in connection with those state-law claims. However, potential damages may be limited under state law as well. For example, N.Y. Exec. Law § 297 allows victims of discrimination to seek damages, but the prevailing view taken by courts in New York is that damages are minimal—between $500 and $1,000—when the plaintiff’s only allegation is that he or she visited a website and was denied equal access. The takeaway: have an attorney evaluate the claims filed against you. Odds are, your exposure is more limited than the plaintiff would have you believe, and knowing the value of the plaintiff’s case will allow you to make a more informed decision as to whether you should attempt to settle the case or fight it.

3. Evaluate Your Website Carefully.

If your lawsuit has been brought by a serial plaintiff who has filed hundreds of similar cases, it would be understandable for you to dismiss the plaintiff’s allegations as an unfair attack on your business. You should, however, examine the plaintiff’s allegations carefully and consider hiring a third-party to audit your website for compliance with federal, state, and local laws protecting the disabled. It’s possible that the plaintiff’s complaint has identified a legitimate issue that needs to be corrected in order to ensure equal access, and you’ll want to talk with a lawyer about when and how to implement any fixes suggested by the auditor. If there is an issue with your website and you fail to fix it, you could be sued multiple times by different visually impaired plaintiffs.

And when you make changes to your website, make sure you do not inadvertently destroy any information regarding your website that

may be relevant to the plaintiff’s lawsuit. Deleting evidence, known as “spoliation,” can lead to serious adverse consequences in a civil suit.

4. Ask Your Website Developer to Ensure Your Site Complies with the Law.

Many early and growth stage companies use a third-party developer to design their websites. If you have decided to use a third party to build your website (or redesign your website in response to a lawsuit), make sure that your contract with the developer requires the developer to make the site compliant with Web Content Accessibility Guidelines 2.0, Level A and Level AA. Courts may look to those guidelines, which were developed by the World Wide Web Consortium, to determine whether a website is compliant with anti-discrimination laws. You may also want to include a provision in your contract requiring the developer to “indemnify” you (i.e., reimburse you for any costs and damages that you sustain) should a plaintiff bring a lawsuit against you alleging that your website fails to comply with applicable laws.

Facing a discrimination lawsuit that challenges your website? We’ve represented a number of clients in your situation and are here to help. n

NATHAN SANDERS is a Neal & Harwell attorney whose practice focuses on appellate matters, a broad array of civil litigation disputes, and white-collar criminal cases. He is recognized by Best Lawyers: Ones to Watch in America 2023 for Appellate Practice, Commercial Litigation and Litigation - Securities. Nathan also devotes a substantial portion of his practice to pro bono matters and has been recognized multiple times as an Attorney for Justice by the Tennessee Supreme Court.

Endnotes

1 42 U.S.C. §§ 12188; 12205.

2 Chavez v. L2 Liu Inc., 2021 WL 1146561, at *8 n.8 (E.D.N.Y. Feb. 26, 2021) (quoting Adams v. 724 Franklin Ave. Corp., 2016 WL 7495804, at *2 (E.D.N.Y. Dec. 30, 2016)), report & recommendation adopted in relevant part by 2021 WL 1146040 (E.D.N.Y. Mar. 25, 2021).

3 See Thorne v. Formula 1 Motorsports, Inc., 2019 WL 6916098, at *4 (S.D.N.Y. Dec. 19, 2019).

ZADE-MADE CHILI

Kitchen Notes

As the weather turns cold, one of my favorite foods to enjoy is chili! This year, we perfected a new recipe that is one of the best chilis we’ve ever made. Hope everyone enjoys.

Ingredients

2 pounds lean ground beef or ground turkey

1 (46 fluid ounce) can tomato juice

1 (29 ounce) can diced tomatoes

1 ½ cups chopped onion

½ cup chopped celery

¼ cup chopped green bell pepper

¼ cup chili powder

2 teaspoons ground cumin

1 ½ teaspoons garlic powder

1 teaspoon salt

½ teaspoon ground black pepper

½ teaspoon dried oregano

½ teaspoon white sugar

1 cup canned red beans, drained and rinsed

1 cup canned black beans, drained and rinsed

Directions

Place ground beef in a large, deep skillet. Cook over medium-high heat until evenly brown. Drain, crumble, and set aside. Add all ingredients to a large crockpot. Set on high and bring to a boil. Reduce heat and simmer for 1 to 1 ½ hours, stirring occasionally. Enjoy with toasted bread or perfectly on its own!

Annual Meeting & Banquet | December 2022

Annual Meeting & Banquet | December 2022

HONORS & AWARDS

Bradley Arant Boult Cummings LLP is pleased to announce that Claire Fox Hodge and J. Hunter Robinson have been recognized by the National Law Review with “GoTo Thought Leader” awards for their reporting of complex legislative and litigation news, as well as their strategic insight and overall knowledge. The 2022 awards recognize 75 exceptional authors and legal organizations for their contributions, with less than 1% of the National Law Review’s contributing authors recognized each year.

Ann Peldo Cargile , of Bradley Arant Boult Cummings LLP, has been elected president of the American College of Real Estate Lawyers (ACREL) effective January 1, 2023. Cargile is a partner in the firm’s Nashville office and a member of Bradley’s Real Estate Practice Group. She represents parties in all aspects of commercial real estate, including leasing, finance and joint ventures.

ON THE MOVE

Partner Brian Masterson has joined Frost Brown Todd’s (FBT) tax team. Based in FBT’s Nashville office, Masterson has nearly 25 years of tax experience, including

Honors & Awards, On the Move, Firm News

advising clients on a variety of state and federal tax matters, mergers and acquisitions, joint ventures, and resolving disputes related to post-closing adjustments. He also works with family offices regarding how to structure the acquisition and disposition of private investments.

Jackson Lewis P.C. is pleased to announce that Jonathan O. Harris has joined the firm’s Nashville office as a principal. Harris joins the firm from Ogletree Deakins and has nearly 20 years of experience in labor and employment law matters. Harris represents management in a wide variety of employment-related matters. In addition to defending single-plaintiff lawsuits, he also represents employers in class and collective actions.

The Tennessee Center for Estate & Elder Law welcomed attorney Bobbie Jean Lamar in September 2022. Lamar joins the team after working as the Staff Attorney for Judge Randy Kennedy in the Probate Court for Davidson County. Prior to entering the legal field, Lamar was a registered nurse for 15 years, with extensive experience in hospice care, the wide spectrum of Dementia, and the needs faced by elderly patients and their families.

Bradley Arant Boult Cummings LLP is pleased to announce that eight attorneys have joined the firm as associates in the Nashville office. “We are pleased to welcome this team of young and talented attorneys and look forward to their contributions,” said Bradley Chairman of

the Board and Managing Partner Jonathan M. Skeeters. Adriante Carter attended University of Florida Levin College of Law and will practice within the Healthcare Practice Group. Halle Diaz attended University of Alabama School of Law and will practice within the Healthcare Practice Group. Corinne Fombelle attended University of Michigan Law School and will practice within the Intellectual Property Practice Group. Katherine E. Griffin attended Washington University School of Law and will practice within the Labor & Employment Practice Group. McCall Current Matlock attended University of Tennessee College of Law and will practice within the Real Estate Practice Group. Sara L. Norton attended Vanderbilt University Law School and will practice within the Real Estate Practice Group. Timothy A. Rodriguez attended George Mason University Antonin Scalia Law School and will practice within the Litigation Practice Group. Grayson Wells

attended Indiana University School of Law and will practice within the Litigation Practice Group.

Spencer Fane Bone McAllester is pleased to announce Gabriella (Gabby) Cannone has joined the Litigation and Dispute Resolution group as an associate in the firm’s Nashville office. Cannone is dedicated to pro bono causes, specifically those related to social justice issues. In the spring of 2022, she was named the Tennessee Bar Association (TBA) Law Student Volunteer of the Year as part of the annual Access to Justice Awards. Additionally, she interned with the pro bono team at Bass, Berry & Sims, the Administrative Office of the Courts in Nashville, the Hon. Barbara Holmes of the U.S. District Court for the Middle District of Tennessee, and the Nashville Defenders.

The Nashville law firm of Dodson Parker Behm & Capparella, PC, has added two new attorneys to the firm. Jacob Vanzin has joined the trial and appellate litigation practice group, and Julie Downs Payne is the newest member of the business services team. Prior to joining the firm, Vanzin was in private practice for almost a decade in Franklin, TN, where he litigated cases both large and small, including those in which he served as lead appellate counsel and represented criminal defendants. As a litigation and appellate attorney, Vanzin will represent clients in commer -

Honors & Awards, On the Move, Firm News

cial litigation, real estate disputes and appeals. Prior to joining Dodson Parker Behm & Capparella, Payne was a fulltime law clerk under Harlan Dodson. Payne will represent clients in all aspects of estate planning and business law.

Olivia R. Arboneaux , Jaehee Kim and Simon N. Levitsky have joined Neal & Harwell, PLC, as associates in the firm’s litigation group. Arboneaux’s practice will focus on complex business litigation, entertainment law litigation and intellectual property matters. Prior to joining Neal & Harwell, Arboneaux served as a Judicial Intern to the Honorable Susan Richard Nelson of the U.S. District Court of District of Minnesota. Kim is a litigation associate whose practice focuses on complex business litigation, criminal law and personal injury matters. During law school, Kim served as a legal intern for the Federal Public Defender for the Northern District of Texas and the Office of Capital and Forensic Writs. Prior to joining Neal & Harwell, Levitsky was an associate at Egenberg Trial Lawyers in New Orleans. He will practice in the litigation group and focus on catastrophic personal injury and civil litigation.

The State Trial Court Judges and Chancellors of the 20th Judicial District are pleased to announce they have appointed attorney J.

Bart Pickett as the district’s next State Trial Court Administrator. Pickett earned his B.A. in political science, cum laude, from the University of the South, and his J.D. from the University of Tennessee College of Law. He began his career as a law clerk for two of our district’s circuit court judges, and then practiced law for nearly 13 years, largely in the area of insurance defense. Mr. Pickett is deeply engaged in many professional and civic organizations, and has been named a Nashville Bar Foundation Fellow, a Nashville Bar Journal Contributor of the Year, a Nashville Emerging Leader Award Finalist, and was a member of the Nashville Bar Foundation Leadership Forum and the Young Leaders Council.

FIRM NEWS

Latitude has announced that it has expanded its client services team and named Stacy Davis to the role of Director, Client Services. Davis’s primary responsibilities will include further enriching Latitude’s services for its clients in Tennessee. Davis joined Latitude in January 2022, as a Director of Legal Recruiting and Placement. Prior to that, she served as Senior Litigation Manager at LifePoint Health, a leading healthcare provider.

Matt Hardin Law, PLLC, has announced the promotion of Personal Injury Attorney, William Mayfield as a partner and member at the Matt Hardin Law Firm. Mayfield is a personal injury attorney who has worked with the firm for six years. His passion

Hearsay |

is to help people – he understands the physical, psychological, and emotional burdens caused by an accident or injury.

Ogletree Deakins is pleased to announce that Luther Wright, Jr. has been named office managing shareholder in Nashville. Wright has practiced in the firm’s Nashville office for more than a decade. He represents management in all forms of employment discrimination litigation, including litigation based on federal anti-discrimination statutes, state statutes and common law, violence in the workplace, FLSA claims and independent contractor disputes. Wright is also a member of Ogletree Deakins’ national Diversity and Inclusion Practice Group and routinely provides timely client advice and guidance on diversity related matters.

Nationwide employment law firm Jackson Lewis P.C. is pleased to announce the firm’s Nashville office has been recognized for excellence and earned a Tier 1 Metropolitan designation in Employment Law – Management and Litigation - Labor & Employment. More than 80 percent of Jackson Lewis’ regional offices were recognized for excellence in Tier 1 of the report’s Metropolitan Rankings in various labor and employment categories.

Adams and Reese LLP is pleased to announce the election of Nashville Partner Mitch Boult to the Executive Committee, which oversees strategic operations of the AmLaw 200 and NLJ 500 multidisciplinary law firm. Boult will serve a third

Honors & Awards, On the Move, Firm News

term on the Executive Committee; he has practiced at Adams and Reese since 2005, playing a leading role in the Global IP practice.

Bradley Arant Boult Cummings LLP is pleased to announce that some of the firm’s attorneys have been elevated to partner, effective Jan. 1, 2023. The new partners are Caleb L. Barron , Connor M. Blair , Kimberly M. Ingram-Hogan , Kristina Allen Reliford , Lauren P. Schick , and Brooke Baird Smith . Barron provides advice on a broad range of employee benefits and executive compensation matters for privately held companies, churches, universities and government entities. Blair litigates complex business, construction, and intellectual property disputes, as well as constitutional law. Ingram-Hogan’s practice focuses on complex business litigation, class or mass action defense, and appeals in state and federal courts, providing her clients with high-quality advocacy and strategic solutions. A member of Bradley’s Litigation Practice Group, Reliford focuses her practice on non-compete litigation, securities and

government investigations, and complex business disputes. Schick regularly negotiates and drafts commercial leases for retail, healthcare, office and industrial projects on a national basis. She represents both landlords and tenants and is well versed in handling complex leasing matters. Smith is a member of Bradley’s Real Estate Practice Group and counsels clients in real estate finance, real estate acquisitions and dispositions, real estate development and healthcare lending.

Benjamin C. Aaron and Callie K. Hinson have been elevated to members at Neal & Harwell, PLC. Aaron joined the firm in 2016. His practice focuses on commercial and criminal litigation. He was recently selected to the Nashville Bar Foundation Leadership Forum 2023 Class. Hinson joined the firm in 2019 as a domestic law attorney handling divorce, child custody, prenuptial agreements and adoptions. She currently serves as Treasurer on the Board of Directors for the Nashville Bar Association Young Lawyers Division and has been named an Attorney for Justice by the Tennessee Supreme Court for the past few years.

Waller Lansden Dortch & Davis, LLP announced the election of nine new partners: Julian Bibb, IV ; Matt Bryson ; Trip Conrad ; Michael Cottone ; Mary Julia Hannon ; Alex Porter ; Jeremy Poynter ; and Andrew Solinger . Bibb focuses on intellectual property matters including trademarks, copyrights, software licens-

Hearsay | Honors & Awards, On the Move, Firm News

ing and data privacy. Bryson represents private companies and financial sponsors in mergers, acquisitions, divestitures, and other investment, financing and exit transactions.

Conrad defends employers against allegations of discrimination, harassment, retaliation and wrongful discharge brought under federal and state laws.

Cottone assists clients across industries with a variety of litigation, state and local tax, and unclaimed property matters. Hannon focuses on transactional matters within the healthcare industry including mergers, acquisitions, joint ventures and divestitures.

Porter advises publicly traded and privately held companies in the healthcare and financial services industries in transactional matters involving the acquisition and disposition of real estate assets. Poynter provides counsel on healthcare regulatory compliance and day-to-day operations issues to healthcare providers ranging from hospitals and health systems to behavioral care pro-

viders, outpatient services providers and physician and dental practice management companies. Solinger represents clients in responding to investigations, audits and other inquiries brought by federal and state government agencies and regulators including the Department of Justice, the Office of the Inspector General-HHS, U.S. Attorneys’ Offices and state healthcare regulators.

Spicer Rudstrom, PLLC is proud to announce that Darrick L. O’Dell has been named as an equity member. O’Dell, joined SR in 2009. He represents insurance companies and their insureds, as well as self-insured companies, in suits involving significant injury, including wrongful death, litigation involving professional liability, retail and hospitality litigation, construction litigation, insurance coverage and bad faith, employment law and other complex property damage litigation.

Spencer Fane is pleased to announce that attorney James Crumlin has been appointed the Chair of the firm’s Diversity, Equity, and Inclusion (DEI) Committee. Crumlin follows attorney Elizabeth Wente, who has skillfully led the committee since 2020, in the role. Crumlin concentrates his practice in the areas of labor and employment law, business and corporate law, litigation and dispute resolution, and entertainment and media law.

National law firm Frost Brown Todd (FBT) and California-based Alvara-

doSmith are announcing their plan to merge. The combination will add new depth to FBT’s core practices and industry teams while expanding its geographic reach to key California legal markets. Meanwhile, it allows AlvaradoSmith, a leading minority-owned firm with deep ties to the region’s diverse business community, to broaden its reach and enhance the range of services available to its clients. The addition of AlvaradoSmith’s 23 lawyers will give the combined firm more than 575 attorneys in 17 offices across nine states and Washington, D.C. In California, the firm will operate under the name Frost Brown Todd AlvaradoSmith through 2023 and then fully absorb the FBT name. The combination, which takes effect January 1, 2023, will add offices in Los Angeles, Orange County, and San Francisco to FBT’s national network.

SIMS|FUNK, PLC

is pleased to announce that Mark Lenihan has been made a partner in the firm. Lenihan is a trial lawyer with experience in all aspects of litigation in federal and state courts, in addition to regulatory and white-collar criminal investigations. He represents clients in complex commercial matters in a variety of areas, including business torts, breach of contract, non-competition/confidentiality agreements and theft of trade secrets, class action defense, antitrust, and healthcare. n

The Coolest Things We Saw at CES 2023 | Bill

Ramsey & Phillip Hampton

(continued from page 17)

company, Withings. We saw this device on the show floor; and we had to do a doubletake. Was this for real or a joke? It’s for real. The device is called “U-Scan” which sounds like a perfectly normal name for a health-related gadget until you learn that the ”U” in “U-Scan” does not stand for “You”; it stands for “Urine”. The U-Scan device looks like a flattened egg; and it is to be installed in your toilet bowl. When you do what you do in the toilet, the U-Scan device analyzes the urine and sends a full urinalysis report to your smartphone. Withings touts the U-Scan as a “hands-free connected home urine lab”. While its use might be hands-free; someone has to install the device in its designated spot. Bill and Phil will not be offering installation services to any of our colleagues or clients.

There were so many other gadgets, both useful and outrageous, that we saw during our 48 hours in Vegas. Over the course of this year, we hope to get our hands on a fair number of these tech innovations; and we will share our experience with these new products.

- Bill & Phil n

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Thank you for supporting your local bar association!

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 have 100% of their Nashville attorneys as members of the NBA. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Adams and Reese, LLP

Anderson & Reynolds, PLC

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Bradley

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Brewer, Krause, Brooks & Chastain, PLLC

Butler Snow, LLP

Cole Law Group, P.C.

Constangy, Brooks, Smith & Prophete, LLP

Cornelius & Collins, LLP

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Dodson Parker Behm & Capparella, PC

Equitable Trust Company

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Kay Griffin, PLLC

Keller, Turner, Andrews & Ghanem, PLLC

Kinnard Law

Latitude

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Lewis Thomason, P.C.

Lieff, Cabraser, Heimann & Bernstein, LLP

Lindsey Amonette Nemer + Glassford PLLC

Martin Heller Potempa & Sheppard, PLLC

May & McKinney, PLLC

McCarter & Beauchamp, PLLC

McCracken - Kuhn, PLLC

Meridian Law, PLLC

Morgan & Akins, PLLC

Nashville Electric Service

Neal & Harwell, PLC

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North, Pursell & Ramos, PLC

Ogletree, Deakins, Nash, Smoak & Stewart, PC

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Pepper Law, PLC

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Sims|Funk, PLC

Smith Cashion & Orr, PLC

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Southern Environmental Law Center

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Swafford Law

Taylor, Pigue, Marchetti & Blair, PLLC

Tennessee Innocence Project

The Blair Law Firm

Watkins & McNeilly, PLLC

Wiseman | Ashworth | Trauger

Wood Stabell Law Group

Wyatt, Tarrant & Combs, LLP

I’m not sure why I waited so long to get it set up.

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