Nashville Bar Journal | June/July 2019

JOURNAL Journal Journal

JUNE/JULY 2019 | VOLUME 19 | NO. 3

FEATURE

The Music Modernization Act ALSO

Nashville Isn’t Just Music City—It Is Movie City!

How the NFL Draft & Large-Scale Events Can Benefit Local Attorneys STRP = Short Term Rental [Problems]

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JOURNAL 6 Journal Journal JUNE/JULY 2019 | VOLUME 19 | NO. 3

FE ATU R E

The Music Modernization Act Bruce Phillips

DEPA R TM E N TS

From the President

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Calendar of Events

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Hear Ye, Hear Ye

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Laura Smith

Brews for Backpacks Carbolic Smoke Ball Karaoke Save the Date Leadership Forum Grads

Upcoming Events

19 Photo Gallery 35 Hearsay 38 100% Club 40

CLE Schedule

Nashville Isn’t Just Music City—It Is Movie City!

11 Kelly Frey

27 How the NFL Draft & Large-Scale Events Can Benefit Local Attorneys

Kimberly Faye Clark

STRP = Short Term Rental [Problems] 29 Christopher B. Fowler CO L UMNS

Background Check 13

Bart Pickett Capitol Notes 15

Peggy Sue, the Beagle Hound Gadget of the Month 17

Bill Ramsey & Phillip Hampton Nonprofit Spotlight: Nashville Jazz Workshop 33 Marc Adesso

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL FROM THE PRESIDENT Summer of Fun | Laura Smith Journal As we enter the “Summer of Fun,” many of us are Journal planning for vacations, festivals, and special events.

LAURA SMITH, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE E. SAPP, Managing Editor LAUREN POOLE, Managing Editor

JILL PRESLEY, Layout/Design/Production

EDITORIAL COMMITTEE JERRY BRIDENBAUGH KIMBERLY CLARK TIM ISHII KELLY FREY ROB MARTIN OLIVIA PARK BRUCE PHILLIPS BART PICKETT SYDNEY RAINES MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE CRAIG WEBB ELEANOR WETZEL NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419.

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

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ 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 1050 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. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

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For me, taking some time to disconnect from work and focus on something enjoyable and refreshing is a boost to my mental state. I suspect it is the same for many of you.

Recent studies indicate that many lawyers experience stress and suffer from depression and substance abuse at higher rates than other professionals. The National Task Force on Lawyer Well-Being asserts that “to be a good lawyer, one has to be a healthy lawyer,” and many in our profession are falling short. In its report “The Path to Lawyer Well-Being,” the Task Force recognizes that lawyer well-being requires a comprehensive approach with support from industry regulators, the judiciary, employers, and even bar associations.

The NBA continues to address lawyer well-being through a variety of activities and programs, including an active Health & Wellness Committee. Under the leadership of Karen Blake, the committee undertakes a variety of initiatives, including CLEs on important subjects such as managing stress and a day-long Health and Wellness Retreat to creatively address the issue. While not directly termed “wellness” initiatives, activities like the NBA Golf Tournament, the YLD’s Race Judicata, and the Community Relations Committee’s civic engagement activities are also great ways the NBA encourages wellness. Activities focused on collegiality—karaoke, trivia, family zoo day, and the annual member picnic—enhance wellness, too.

As individual lawyers, we must take responsibility for our own wellness. Deb Palmer George, a recognized coach, author, speaker, and dear friend, has done a fair bit of work on lawyer wellness. She says that taking steps to address our own wellness is as easy as “A-B-C.” • A is for “Appreciate.” Deb suggests taking stock of what we are grateful for. Reflecting with gratitude on the positive things in our lives is enlightening and contributes to our well-being.

• B is for “Breathe.” Mindful breathing helps you deal with stress and anxiety and sharpens your ability to concentrate.

• C is for “Connect.” Connecting involves engaging in human relationships and communal activities. On the relationship front, Deb suggests identifying one or two relationships that really matter to you and finding time to cultivate those relationships.

Deb also suggests connecting or reconnecting with activities that you enjoy doing.

As the practice of law continues to progress, ensuring lawyer well-being is more important now than ever. Thankfully, the legal culture is beginning to recognize this imperative. This summer, I hope that all of you take advantage of the wealth of opportunities to relax, de-stress, and connect with our fellow members.

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

NashvilleBar.org/ Calendar of Events | Full calendar online at NashvilleBar.org.

JUNE 2019 M O N D AY

T U E S D AY

W E D N E S D AY

NBA Board Mtg | 4:00pm

T H U R S D AY

Domestic Relations Committee Mtg 7:45am | MTR Family Law

Dial-A-Lawyer | 6:00-8:00pm

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3 LAW Board Mtg | 11:30am

F R I D AY

Diversity Committee Mtg | 12:00pm

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High School Intern Lunch & Learn 12:00pm

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Historical Committee Mtg 11:30am | Hal Hardin’s Office NALS Mtg | 12:00pm

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YLD Board Mtg 5:30pm | Waller

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Ethics Committee Mtg | 12:00pm

17

Membership Committee Mtg 9:00am

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NBJ Editorial Committee Mtg 12:00pm | Neal & Harwell

High School Intern Committee Mtg 12:00pm

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JULY 2019 M O N D AY

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T U E S D AY

W E D N E S D AY

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T H U R S D AY

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F R I D AY

Dial-A-Lawyer | 6:00-8:00pm

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2 LAW Board Mtg | 11:30am

INDEPENDENCE DAY

INDEPENDENCE DAY

Holiday | NBA Office Closed

Holiday | NBA Office Closed

3 New Member Biscuit Breakfast 7:30am

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CLE Committee Mtg | 11:30am

Historical Committee Mtg 11:30am | Hal Hardin’s Office

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8 Probate Committee Mtg | 12:00pm

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YLD Board Mtg | 12:00pm | Waller

Ethics Committee Mtg | 12:00pm

Membership Committee Mtg | 9:00am Finance Committee Mtg | 4:00pm

12 High School Intern Closing Lunch 12:00pm

Executive Committee Mtg | 4:45pm

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YLD Brews for Backpacks | 5:30pm Craft Brewed

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JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL Journal Journal

2019 NBA BOARD OF DIRECTORS LAURA SMITH, President

LAURA BAKER, President-Elect

JACQUELINE DIXON, First Vice President

WENDY LONGMIRE, Second Vice President SAL HERNANDEZ, Secretary MALAKA WATSON, Treasurer JEFF ALLEN, Assistant Treasurer GULAM ZADE, YLD President LELA HOLLABAUGH, General Counsel ERIN PALMER POLLY, Immediate Past President BRANT PHILLIPS, First Vice President-Elect TRACY KANE, Second Vice President-Elect MICHAEL ABELOW RAQUEL BELLAMY DANIEL BEREXA MARK BEVERIDGE

Hear Ye, Hear Ye |

Events of Interest

2019 Leadership Forum Graduation

In 2014, the Nashville Bar Foundation (NBF) established the NBF Leadership Forum—a local leadership program for lawyers with three to eight years of experience—designed to bring together emerging leaders who participate in monthly workshops for nine months to help them realize their potential and to benefit the legal profession and our local community.

On May 3, at Baker Donelson, the 2019 Nashville Bar Foundation Leadership Forum Class graduated. If you know any class members listed below, please take a moment and share your regards. Congratulations to all participants on your hard work—we know it will pay off!

April Knox Katie Atkins

HON. MELISSA BLACKBURN

Jaz Boon

Mark Lenihan

Meredith Bowen

Casey Miller

Kelly Donley Desseyn

Amy Mohan

Adam Dietrich

Quan Poole

MARTESHA JOHNSON

Flynne Dowdy

Byron Pugh

RYAN LEVY

Colin Ferguson

Caroline Sapp

Mollie Gass

William Scales

Shellie Handelsman

Marie Scott

Callie Hinson

Deadrick Thaxton

Joseph Hubbard

Joshua Thomas

Dave Kieley

David Watkins

BRIGID CARPENTER SAMUEL FUNK MARY TAYLOR GALLAGHER JEFF GIBSON LYNNE INGRAM

CHANCELLOR ELLEN HOBBS LYLE LIZ SITGREAVES ERIC SMITH DARKENYA WALLER CHANCELLOR BILL YOUNG STEPHEN ZRALEK

NBA TEAM MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator

For more information on this program, visit NashvilleBar.org/NBFLeadershipForum. n

WENDY COZBY, Lawyer Referral Service Coordinator JAN MARGARET CRAIG, CLE Director TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director CHELSEA RAYMER, CLE 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 Jill.Presley@nashvillebar.org.

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Dog Days: June 21 & July 13

Created by Pet Sitters International in 1999, Take Your Dog To Work Day® is on Friday, June 21. Businesses across the world will open their doors to employees’ furry friends to celebrate the day. For more information—including a downloadable tool kit to help convince your boss—visit PetSit.com/TakeYourDog. On Saturday, July 13, the NBA welcomes you and your pup(s) to our Dog Days of Summer: Animal Law CLE and “Yappy Hour” at West Park Pavilion (6105 Morrow Road). Visit NashvilleBar.org/AnimalLaw for details. n

NASHVILLE BAR JOURNAL | JUN/JUL 2019

YLD Brews for Backpacks

YLD Carbolic Smoke Ball

Presented by the NBA Young Lawyers Division, this is a great back to school opportunity to help students in need.

On Thursday, July 25, from 5:30 to 7:30 at Craft Brewed in Melrose, swing by and have a pint on us.

For every new or lightly used backpack and any school supplies you donate, you will receive free pint of beer! This highly anticipated annual event benefits Middle Tennessee’s children in foster care with the Department of Children’s Services. Visit NashvilleBar. org/BrewsForBackpacks to learn more and for RSVP information. n

selected beneficiaries.

Carbolic Smoke Ball is the annual cocktail and dance party hosted by the NBA Young Lawyer’s Division. Named after the infamous case, Carlill v. Carbolic Smoke Ball Co., the evening features music and dancing, heavy hors d’oeuvres, an open bar, and a festive atmosphere. Lawyers, spouses, friends, and families are invited to join and and support the NBA, the YLD, and

This year, the festivities will commence on Saturday, August 17, at the 21c Museum Hotel from 8:00pm to 12:00am.

To learn more, visit NashvilleBar.org/CarbolicSmokeBall. n

NBA Happy Hour: Karaoke Edition

In Music City, it seems like everybody has talent—even NBA members.

Whether you love to sing, want to fulfill your dreams of becoming the next Taylor Swift, or you simply want to watch your colleagues take on the stage, make plans to attend this one-of-a-kind evening of karaoke at our August happy hour. The event will be held on Tuesday, August 20, at Alley Taps in Printer’s Alley. n

Events At-A-Glance Jun 1 | Bill Ramsey’s “Ode to Otha” Block Party Jun 8 | Family Zoo Day @ Nashville Zoo Jul 25 | YLD Brews for Backpacks @ Craft Brewed Aug 17 | Carbolic Smoke Ball @ 21c Museum Hotel Aug 20 | NBA Happy Hour: Karaoke Edition @ Alley Taps Sep 26 | Annual Free Member Picnic @ Walk of Fame Park Nov 21 | Fall Memorial Service @ Downtown Presbyterian Dec 5 | Annual Banquet @ Music City Center

YLD Race Judicata Wrap-Up

On April 6, 200+ runners participated in the 17th Annual LogicForce Race Judicata, benefitting local non-profits Able Youth and Achilles International Nashville.

The fastest male and female 5K runners were Doug Murphy and Jill Mastroinni, while Brent Buenche and Emily Mack were the fastest in the 10K category. Lewis Thomason won the coveted fastest firm award, with Cornelius and Collins coming in a close second.

Most importantly, the event raised roughly $21,000 for ABLE Youth and Achilles International. These non-profits are both dedicated to promoting fitness and achievement for children with disabilities. “Our kids had a blast, and we couldn’t have asked for better weather.” said Amy Saffell, the executive director of ABLE Youth. n JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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Feature Story | Bruce H. Phillips

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

The Music Modernization Act: Congress Drags US Copyright st Law into the 21 Century United States copyright law traces its roots to the Statute of Anne, passed by the British Parliament in 1710. That statute dealt only with printed books. Coming on the heels of Shakespeare, its purpose was to strike a balance between the rights of authors and society in general. Authors were granted a monopoly in their books for a limited time, thus creating an incentive to spend the effort necessary to write classics like “Robinson Crusoe” and “Gulliver’s Travels.” Over 300 years later, the purpose of copyright protection is the same as it was in 1710, but the scope of protection has been expanded to many other types of works, like musical compositions and sound recordings.

Advances in technology periodically render copyright laws ineffective in balancing the basic interests of authors and society. The music industry as it relates to creators and consumers has been out of balance since the advent of peer-to-peer file sharing. It is no secret—especially in Nashville—that creators have gotten the short end of the stick for two decades.

Signed into law on October 11, 2018, the Orrin G. HatchBob Goodlatte Music Modernization Act (MMA) drags US copyright law into the 21st century. The MMA is intended to inject equilibrium into the marketplace in order to ensure that songwriters, music publishers, record labels, recording artists, record producers, and others involved in the creation of music are incentivized to create commercially viable music in the digital age. From a Music City perspective, the MMA is the most important piece of copyright legislation since the Copyright Act of 1976.

Local music industry leaders like Nashville Songwriters Association International Executive Director Bart Herbison were

instrumental in the passage of the MMA. Tennessee Senators Lamar Alexander and Marsha Blackburn were important supporters, as well. Senator Alexander co-sponsored the bill, and Senator Blackburn was on an advisory committee.

David Israelite, President & CEO of the National Music Publishers Association, and a key proponent in the creation of the MMA said, “We are incredibly grateful for the Members of Congress who passed the MMA and the President for signing it.

Songwriters have for too long labored without seeing fair rates and receiving all that they deserve, and for the first time in history, the music industry has partnered with the tech industry to fix these systemic problems.”2 A thorough reading of sections 114, 115, and 1401 of the MMA is a must for music attorneys. The MMA is organized into three titles, discussed herein, and incorporates previous legislation that failed to become law including the CLASSICS Act,3 the AMP Act4 and rate standard parity provisions from the Fair Play Fair Pay Act.5 The combination of these three previous bills, along with new proposals, combined to form the current Music Modernization Act. Title I: Songwriters and Publishers The most significant changes instituted by the MMA are to the compulsory licensing provisions of Section 115. Confusion has reigned for years when it comes to how to treat digital downloads and streams for licensing purposes.6 Prior to the MMA, mechanical licenses were granted on a per-work, persong basis for both digital and physical products. The MMA includes a definition for “digital phonorecord delivery”7 (DPD) that, (continued on page 8) (continued on page 00)

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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Feature Story |

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The Music Modernization Act (continued from page 7)

in a nutshell, treats downloads, limited downloads, and interactive streaming as mechanical reproductions. The basic rationale appears to be that all three of those methods of delivery allow consumers to listen to a particular song wherever they want to hear it—just like they can with a physical copy of a recording, such as a CD. The MMA creates a blanket mechanical license system for DPDs that will be administered by a new collective of songwriters and music publishers called the Mechanical Licensing Collective (MLC). The MLC will issue blanket licenses to digital music providers8 (DMPs) for the use of DPDs. Copyright Royalty Judges will determine reasonable rates for such licenses under a “willing buyer, willing seller” standard.9 The MMA requires DMPs to pay the MLC’s expenses.10 DMPs benefit because blanket licenses insulate them from litigation and provide certainty that did not exist before passage of the MMA. The MLC will create and maintain a database of musical works and sound recordings and will accrue royalties in interest bearing accounts for unmatched uses. Extensive additions to Section 115 require the MLC to appoint an advisory committee, an unclaimed royalties oversight committee, and a dispute resolution committee.

Section 115 creates three statutory audit scenarios.11 First, the MLC is required to conduct an internal audit every 5 years and provide a report to the MLC Board of Directors. Second, copyright owners are granted the right to audit the MLC. Third, the MLC is granted the right to audit DMPs. The statute sets forth the procedure, rights and obligations of each party to each type of audit. Statutory audit language will be

NASHVILLE BAR JOURNAL | JUN/JUL 2019

familiar to experienced music attorneys, because it resembles language routinely included in music industry contracts, including a provision requiring the DMP to pay the costs of the audit in the event there was an underpayment by the digital music provider of not less than 10%. Negotiation between the various constituents are evident in the audit provisions.

Title I eliminates the requirement that Notices of Intent be filed in order to obtain a compulsory license for a DPD. The Copyright Office will no longer accept such notices. The existing system for filing notices on a song-by-song basis will remain in place for non-digital uses.

Title I also creates two significant changes in public performance rate setting proceedings. ASCAP and BMI are subject to 78-year-old consent decrees that require all rate disputes to be litigated in the Southern District of New York. In the past, a single judge in the District was assigned all rate disputes.

Songwriters and publishers believed that the court’s unfavorable rulings towards them were used as leverage in broadcasters’ negotiations with BMI and ASCAP. Under the MMA, rate disputes will be subject to random assignment in the Southern District of New York. The wheel assignment system is intended to provide an even playing field for ASCAP and BMI by ensuring that the same judge does not decide every case.

In addition to the new wheel assignment, the MMA includes statutory changes in the type of evidence allowed into proof in a rate setting case. In the past, rate courts were prohibited from considering license fees paid for digital (continued on page 14)

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ABOUT THE NASHVILLE BAR ASSOCIATION The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,600 members—is the largest metropolitan bar association in Tennessee.

150 4th Ave N, Ste 1050 • Nashville, TN 615-242-9272

LOG ON TODAY! N a shvill e Ba r.o rg /Ca re e r Cent e r

CAN YOU NAME THESE PEOPLE?

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

APR/MAY GOLDEN OLDIES

Congrats to Stephen Montgomery of Neal & Harwell for identifying the individuals in last issue’s photo. From left to right: Jonathan Wardle (who claims he’s not an “oldie”), Steve Lund, Cheryl Nichols Montgomery, Stephen Montgomery, and Leon Wolf.

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Thank you to Sherrard Roe Voigt & Harbison PLLC for all you do for the NBA. We value your membership and support!

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

Editorial |

Kelly Frey

Nashville Isn’t Just Music City—It Is Movie City!

In addition to being home to network television series and hundreds of professionals working in the local film industry, Nashville is blessed with one of the longest-running and most respected film festivals in the US—the Nashville Film Festival (NashFilm). Celebrating its 50th anniversary this year, NashFilm focuses on its mission “to amplify our collective and individual awareness by bringing the world to Nashville to celebrate innovation, music, and the many voices of the human spirit through the art of film.” NashFilm is an Academy Award qualifying film festival for documentaries and shorts and it is routinely ranked in the top 10 film festivals in the US. NashFilm grew out of the Sinking Creek Film Celebration, the first film festival in the South, which makes NashFilm one of the longest running festivals in the country. Sinking Creek was started by a lawyer’s wife, Mary Jane Coleman, who was the first woman to direct a film festival in the US. Sinking Creek began back in the day of actual “film”—screening experimental, animation, and documentary shorts, and later exhibiting independent narrative features. For the first few years, the celebration was held in Greeneville, but it outgrew the town and was brought to Nashville and hosted at Vanderbilt University until

1998 when it moved to the Green Hills cinema complex. Sinking Creek recognized the energy, invention, and diversity of ideas composed by this new breed of artist and served as both a showcase for this work and as a place where practitioners, scholars, critics, and audiences of film came together. Though the venue, technology, and name have changed, the festival holds on to that spirit today.

Today’s filmmakers have exceptional new digital image capture equipment and digitally based editing/post-production facilities that make even films with low budget capable of “big screen” production values. That digital revolution, along with new digital marketplaces such as Netflix and Amazon, has created an explosion in content—but it lacks the filters designed to highlight truly exceptional films. NashFilm provides a unique venue in that regard—filtering through thousands of films to find the very best productions to screen at the festival.

NashFilm highlights the work of Tennessee filmmakers with special first-weekend programming that includes Tennessee filmmaker competitions and receptions. It also provides op(continued on page 12)

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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Editorial |

Nashville Isn’t Just Music City—It Is Movie City! (continued from page 11)

portunities for screenwriters, hosting a two-day screenwriting event that culminates in an award ceremony for feature length, short length, and student-written screenplays from around the world. Ofcourse, the festival showcases Nashville’s songwriters and music-makers, connecting Nashville musicians with buyers in Los Angeles and New York who select music for inclusion in films and television.

The festival also creates opportunities for film enthusiasts to get involved, each year training over 200 “screeners” that initially review and rate every film and script submission. For those with an interest in cinema, those who go through the training provided by NashFilm is an education in the art of film, allowing screeners to see “the good, the bad, and the ugly” of indie film (and to learn from the mistakes, as well as the excellence, of independent filmmakers). NashFilm also provides training for Nashville-area students with internships that offer key insight into eventual film careers.

Perhaps the best gauge of the pres-

tige of NashfFilm is its international recognition—last year over 8,000 entries from over 120 countries were submitted in hopes of gaining one of just 300 screenings slots, and the festival’s exclusivity attracts film buyers from major distributors.

Serving audiences is first and foremost with NashFilm—catering to those of us who love watching movies or relish the opportunity to “take a walk on the red carpet” and discuss films with the professionals who make them. Thanks to the annual event, tens of thousands attendees get to see indie films that would be otherwise unavailable (including under-served constituencies, for which NashFilm allocates over 1,000 free tickets each year).

NashFilm also provides continuous year-round programming, Movies in the Park, a free program of films running through the summer; Livin’ Reel, an annual event that pairs at-risk youth with entertainment professionals to create an original song and music video, and The Workshop Series, where featured

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

speakers help advance the skills of hundreds of filmmakers and screenwriters.

This year’s NashFilm festival is scheduled for October 3-12. Typically, screenings and panels start at noon and run until midnight in 10 theaters for 10 days at the Regal Hollywood theaters at 100 Oaks. The event also includes social and VIP lounges, workshops, and multiple photo opportunities with the casts and crews from major indie films. The festival will also include music showcases at some of Nashville’s favorite performance venues and “meet and greets” at exclusive private venues. The complete program is online at the NashFilm website: NashvilleFilmFestival.org.

NashFilm is truly a local gem.

Whether you are a film industry professional seeking the validation and credentials that come from being selected for competition at a top film festival, or just a film buff that appreciates not only seeing a film but engaging with its producers, directors, and cast, NashFilm creates a venue for constructive discussions of social issues as portrayed in modern film, as well as just plain entertainment.

So butter up the popcorn—coming soon to a theater near you—the Nashville Film Festival! n KELLY FREY is a partner at Nelson Mullins where he assists clients in corporate acquisitions/divestitures, corporation transactions, and corporate compliance. Additionally, he represents companies in various information technology and intellectual property transactions.

He is former President of the Nashville Film Festival, the Nashville Independent Film Festival, and the Nashville Japanese Film Festival, and currently serves as President of the historic Franklin Theater. Frey also produces feature films. Visit MovieCityFilms.com to learn more.

BACKGROUND CHECK

Kelly Frey | Bart Pickett

Kelly Frey is a native Nashvillian growing up east of the city in what then was a farming community.

He graduated from Two Rivers High School before attending Vanderbilt for college. After graduating in 1973, he obtained a graduate degree in human pathology at Vanderbilt School of Medicine. During his research, Kelly became interested in patent and copyright law due to the technologies he was helping develop. This exposure sparked his interest in law and resulted in his decision to attend the University of Tennessee College of Law. He served on the law review and the moot court board and focused on intellectual property law. When he graduated in 1982, Kelly came back to Nashville to work for what became HG3M. Kelly started practicing law in a general practice firm, and worked on mergers and acquisitions in the medical and healthcare industry. After a few years, Kelly left HG3M to start his own practice. He had a good client who was developing real estate, which formed the core of his practice, allowing Kelly the flexibility to continue his M&A and IP practice. Over the next few years, Frey grew his firm to seven lawyers. He ultimately decided he did

not like spending his time managing all the many aspects that come with small business ownership.

In 1992, Kelly went to work as general counsel for Copyright Clearance Center (CCC). This was at the beginning of the commercialization of the Internet, so he assisted in the creation of the first digital rights licensing system through consensus negotiations with the publishing industry.

The licensing system was eventually adopted by over 90% of Fortune 100 companies. Kelly worked at CCC for five years and then spent the next fiveplus years serving as general counsel and head of strategic development for several tech companies during the internet boom days. One such company, Audible.com, transferred the concept of books from tape to digital downloads.

After working as a general counsel for years, Kelly was burnt out. He took a year off and lived in a high rise on a beach north of Boston. Feeling refreshed and needing to do something productive, Frey moved back to Nashville in 2003 and joined Baker Donelson where he stayed until 2011.

While there, he helped develop one of the first technology practices in the city.

Kelly worked at a couple of other national firms in town before starting his current role at Nelson Mullins in 2017. He describes his current practice as eclectic. About 50% of his practice is still technology transactional work (including M&A), 25% is ethics and compliance work, and the remaining 25% is entertainment (primarily feature film production).

In his free time, Kelly pursues his

passion of films. In particular, he loves producing films and has produced over a dozen to date. Kelly says a movie is being made every week in Nashville.

Nashville has a vibrant community of creatives that he tries to support, as he wants to make sure the city does not lose the creative capital that helps make the city so vibrant.

Kelly has gone to many film festivals throughout the country over the years where his films have been award winners. He enjoys walking the red carpet as it symbolizes the culmination of two years of work for each film in which he is involved.

Kelly has served on the boards and as president for the Nashville Film Festival and the Nashville Japanese Film Festival. He currently serves on the boards for the Greater Nashville Arts and Business Council and the historic Franklin Theatre (where he currently serves as President).

Kelly lives in Franklin with his wife, Patti, and their 8-year-old rescue Daschund, Izzy. The newlyweds share his passion of producing films and her passion for trading equities and derivatives. He has two adult children who live in Boston, a daughter who is a physical therapist and a son who is a lawyer. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups in litigation throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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Feature Story | performance of sound recordings under 17 U.S.C. § 114(i) when setting rates for the public performance of musical works. ASCAP and BMI will now be able to present a variety of evidence previously excluded in rate setting cases, including what record labels are paid and practices and payment structures in foreign territories.

Title II: Copyrights in pre-1972 Sound Recordings Title II of the MMA adopts previously proposed legislation known as the Classics Protection and Access Act. Designed to benefit American legacy recording artists, Title II creates a new Chapter 14 of the Copyright Act, which—among other things—extends remedies for copyright infringement to owners of sound recordings fixed before February 15, 1972.12 The duration of rights for pre-1972 recordings will generally be 95 years from first publication—plus a few years in some cases—depending upon when a sound recording was first published. For recordings first published before 1923, the additional time period ends on December 31, 2021.

For recordings first published between 1923-1946, the additional period is 5 years after the general 95-year term. For recordings first published between 1947-1956, the additional period is 15 years after the general 95-year term. For all remaining recordings first fixed prior to February 15, 1972, the additional transition period shall end on February 15, 2067.

Federal copyright registration for pre-February 15, 1972 recordings is not required. However, copyrights must be registered before an owner may avail itself of statutory remedies for infringement.

Chapter 14 creates a streamlined process for such registration. Sound recording owners may file a Schedule of pre-1972 recordings with the US Copyright Office in 14

The Music Modernization Act (continued from page 8)

lieu of Form SR. The Office will index Pre1972 recordings in its online database.13 Title III: Music Producers, Mixers, and Engineers Title III of the MMA, the Allocation for Music Producers Act (AMP Act)14, provides a mechanism to compensate music producers, mixers, or engineers who were part of the creative process in the creation of a sound recording. The Amp Act codifies the previously common practice of sending Letters of Direction to Sound Exchange (the collective currently designated to collect and distribute performance royalties derived from non-interactive digital transmission of sound recordings) directing that a portion of royalty payments be paid directly to a producer, mixer, or engineer. It also creates a property right in such royalty payments.

The AMP Act also directs the collective (SoundExchange) to adopt a policy that, in the absence of a letter of direction, allows for statutory royalties for certain pre-1995 sound recordings to be paid to producers, mixers, or engineers from the featured artist’s share if certain requirements are satisfied, including that the artist payee is notified and does not object. This section will provide some relief to record producers who entered into old contracts that did not contemplate a producer’s share of performance royalties earned from the digital distribution of sound recordings.

Conclusion The last 20 years have been hard on Nashville’s songwriter, publisher, artist, and record label communities. The pain has trickled down to Nashville’s music attorneys. However, the transition from physical music distribution to digital music distribution appears to be almost com-

NASHVILLE BAR JOURNAL | JUN/JUL 2019

plete. For example, 2018 was Universal Music Group’s best year ever in the music business. According to Music Business Worldwide, “UMG will have turned over somewhere close to $7 billion in the full year of 2018.”15 Better late than never, The MMA arrived as the music industry is buoyed by freshening winds. Good times appear to be ahead. Maybe record labels and music publishers will once again throw lavish parties after the Country Music Awards— one can at least hope. n Endnotes The author thanks his spring semester intern, Brianna Riley, who graduated summa cum laude from Middle Tennessee State’s Department of Recording Industry and will continue her education at Lincoln Memorial University’s Duncan School of Law this Fall.

1

Dale Kawashima, NMPA CEO David Israelite Discusses The Passing Of The Music Modernization Act (Oct. 22, 2018).

2

3

Classics Act, H.R.3301/S.2393.

4

The AMP Act, H.R.881/S.2625.

5

The Fair Play Fair Pay Act, H.R.1836.

See generally Bruce H. Phillips & Carl R. Moore, Digital Performance Royalties: Should Radio Pay? 3 Vanderbilt J. Ent. & Tech. Law 169 (Spring 2001).

6

7

17 U.S.C. § 115(e)(10).

See 17 U.S.C. § 115(e)(8) for the statutory definition of “digital music provider.”

8

9

Id. § 115(c)(1)(F).

10

Id. § 115(d)(7).

11

Id. § 115(d)(3)(D)(ix)(II).

12

Id. § 1401 et seq.

13

Id. § 1401(f)(5)(A).

14

Id. § 114(e)(5).

S. Tim Ingham, Universal Just had ‘the best year for any music company ever’, Music Business Worldwide (Feb. 11, 2019).

15

BRUCE PHILLIPS has practiced law on Music Row for over 25 years. He chaired the NBA’s Entertainment and Sports Law section in 1997 and 2005, and taught Entertainment Law at the University of Tennessee Knoxville College of Law, where he served as Adjunct Professor for 10 years.

Phillips is a 2007 graduate and former member of the Board of Leadership Music and is a Fellow of the Nashville Bar Foundation.

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

—Dress up a dog, and his tail will stick out.

Late Nights With the adoption of HJR 655 on the evening of May 2, 2019, the General Assembly completed its work for the 2019 legislative session and will stand in recess until January 14, 2020.

Top 5 Legislative Enactments in 2019 1. Appropriations Bill (SB 1518 / HB 1508). This bill authorizes state expenditures for the fiscal year beginning July 1, 2019 and running through June 30, 2020. The bill is also Governor Bill Lee’s first foray into state budget construction. After the bill’s introduction in early March, the price tag is now $38.55 billion. The state budget reflects the 10th consecutive year of revenue growth. Recurring expenditures match recurring revenues. The state’s savings account is increased to $1.1B. A pool of funds authorizing state employee salary increases of 2% is also included.

2. Education Savings Accounts (SB 795 / HB 939). First-term Governor Bill Lee put all his chips into the

middle of the poker table and gambled on school vouchers. One caveat being that the bill would not apply to the home county of legislator, Representative Jason Zachary of Knox County.

With that deal struck, the bill passed in each house. House Speaker Glen Casada proved to be a key vote wrangler as he obtained the 50th vote needed for House passage from Mr. Zachary. The final bill only applies to Shelby and Davidson counties. Beginning in the 2020-2021 school year, the family of a public school student is eligible to receive $7,300 to apply towards private school expenditures.

3. TennCare Block Grant (SB 1428 / HB 1280). The initial list of sponsors assured that the bill would pass in some form. Under the present law and Tennessee’s Medicaid waiver, Tennessee’s funding for its TennCare program is based on a per capita funding formula. If Tennessee has an extra person eligible for benefits, the federal and state governments fund the services.

This bill directs the commissioner of finance and administration to seek block grant funding from the federal govern-

ment where the state would receive a fixed amount of money, presumably with fewer federal strings attached.

Any agreement between the state and federal government would have to be approved by a joint resolution of the General Assembly. Any agreement so approved would be the first in the country.

4. Online Gambling (SB 16 / HB 1).

With the May 14, 2018 decision of the US Supreme Court in Murphy v. NCAA in hand, the General Assembly passed the Tennessee Sports Gaming Act of 2019 to permit online gambling with oversight from a new nine-sports wagering advisory council and the existing state lottery corporation. The bill does not authorize any brick and mortar gambling facility. Several votes seem to turn on recognition that this behavior already happens every day in Tennessee through the Internet; the question is only whether state coffers would benefit. The bill is estimated to generate $50M annually in state tax revenue.

5. Constitutional Amendments (SJR 1) (SJR 154) and (SJR 159). The General Assembly completed its work for the 111th General Assembly on three proposed constitutional amendments.

SJR 1 would require the Supreme Court’s choice of our Attorney General and Reporter to be confirmed by the General Assembly. SJR 154 establishes a line of succession if the governor is incapacitated. SJR 159 clarifies archaic language from the 1870 Constitution to ensure that slavery is prohibited, but an inmate convicted of a criminal offense may work. Each of these resolutions will have to be approved by a two-thirds vote in the 112th General Assembly be(continued on page 16)

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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Capitol Notes | fore they may appear on the November 2022 ballot.

Honorable Mentions (SB 398 / HB 1262). The $400 professional privilege is removed for some professions beginning in 2020. Professions still subject to the privilege tax include but are not limited to lawyers, doctors, and lobbyists.

(SB 173 / HB 164). Put away your handheld mobile phone while driving.

(SB 1129 / HB 999). Our personal favorite, makes the bluetick coonhound the official state dog.

Congratulations Congratulations are in order for Bill Powers of Clarksville who won a special

Peggy Sue, the Beagle Hound (continued from page 15) election on April 23 to fill the remainder of the term for State Senate District 22 composed of Montgomery, Houston, and Stewart counties. The vacancy was created by the election of Mark Green to the US House in the November 2018 election for the 7th Congressional District.

Checklist for June and July 1. Be sure you and those you care about are registered to vote in the upcoming August election in Davidson County. July 2 is the last day to register for that August election. One may register online at ovr.govote.tn.gov.

2. The NBA YLD’s Brews for Backpacks is on Thursday, July 25, at 5:30pm at Craft Brewed. Donate a backpack, get a free pint. Help those in need.

3. The school year is winding to a close. Pay attention to new traffic patterns and the larger number of twolegged and four-legged friends out and about.

Calendar Notes State and NBA offices will be closed on Thursday, July 4, for the Independence Day holiday. The Metropolitan General Election for the offices of Mayor, Vice Mayor and Metropolitan Council is closed on August 1. Any necessary runoff elections will be Thursday, September 12. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

BILL & PHIL’S GADGET OF THE MONTH

Teamwork: Is There an App for That? |

We live in a world of apps—lots of apps. As the popular saying goes, if there is some activity in the office or home that you want to pursue, the usual response is: is there an app for that?

We have our collection of favorite apps we use for personal productivity and to communicate with family and friends, but sometimes the sheer volume of available apps makes it increasingly difficult to keep our business-oriented project work organized and easily accessible.

We use one app for email, another for instant messaging or chatting, another for calendaring, yet another for file sharing, online meetings, project management, white boarding—the list goes on. Pretty soon, we spend more time searching for content across multiple apps than we do working on the projects that the apps are supposed to be supporting. So, if you are like us and are beginning to feel the onslaught of app overload, take heart— there is an app for that, too. Collaboration apps are platforms that allow users on a team or business group to come together and collaborate using a myriad of apps, yet keep all of the team activity neatly organized and easily accessible under the roof of the collaboration framework.

Team collaboration apps are not new, but their widespread acceptance and use in professional workplaces is

experiencing tremendous growth. Slack —launched in 2013—was the first modern collaboration app ever used seriously and quickly rose to become the dominant application for collaboration and chat. We were initially skeptical when seemingly always-late-to-the-party Microsoft launched its competitor, Microsoft Teams, in 2017. But—to our surprise— Microsoft Teams, owing much to the huge popularity of Office 365, has seen explosive growth over the last two years and now eclipses Slack in popularity.

In short, Microsoft Teams is an app that allows you to communicate and collaborate with members of multiple teams seamlessly within the Teams application.

If you are a Microsoft Office 365 subscriber, which we highly recommend, then you already have Teams and can begin using it without any additional cost.

If, for some reason, you live on another planet and do not have Office 365, you can still download a free version of Microsoft Teams.

Since we already have Office 365, we decided to start using the Teams apps for new projects. Just like Slack, Teams can be used on any platform even though it is a Microsoft product. So, for our Apple team members who think Microsoft is just for geeks, we tricked them into using Teams because the iOS version of the app is slick and fully functional. There is both a stand-alone app version, as well as an online web version (just like all the Office 365 apps).

Since we were already familiar with Slack, we quickly acclimated to the similar organizational layout in Teams. Unlike Slack, however, Teams has a deep integration with the rest of the Office 365 ecosystem that makes it a natural tool to extend the usability of the products that we have been using in our office for

Bill Ramsey & Phillip Hampton years. Most of us work regularly in Word, PowerPoint, and Excel, and for the most part the extent of our collaboration with colleagues involves emailing a document or spreadsheet as an attachment. As Bill is fond of saying, that type of “collaboration” is so “2000 late.”

Now think forward to the 21st century when you’re working on a contract, brief, or presentation, and need to get input and feedback from one or more team members. Simply click on the collaboration channel that has been set up in your Teams app and share the document with your colleagues who are authorized on that channel. You can chat online, initiate a video call, and even edit the document in real time with everyone that you invited participating—all without leaving your office, home, or even the beach (as Phil added this last edit while on vacation).

Even more valuable is the ability to quickly access any activity that has transpired on a particular project, subject, or channel within the app. Whether the activity is a series of email threads, meeting notes, call recordings, or online chat sessions, no more searching through hundreds of apps to see how it was created.

We think we have found the solution to “death by a thousand apps.” We just didn’t realize it was going to be another app. But Microsoft Teams has become our favorite method for aggregating a host of useful tools all within a single interface that all our team members can use, regardless of their computing platform. Yes, we have successfully enabled every member of our team to be as cool as we are. (Whatever!) You can thank us later. n

Until next time,

— Bill & Phil

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

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. MONDAY, J UNE 1 7 | LIVE SEMIN A R

TU E S D AY, JU N E 18 | LI V E S E M IN A R

TENANCY BY THE ENTIRETY IN BANKRUPTCY

HOW TO GENERATE REVENUE WITH YOUR PARALEGAL

OVERVIEW

OVERVIEW

Produced by the NBA Bankruptcy Court Committee

Presented in Partnership with the Tennessee Paralegal Association

Past, Present, and Future

The panelists will briefly explain the basics of tenancy by the entireties law and the historical precedent locally and nationally. They will then focus on hypotheticals and practical strategies for dealing with valuation, exemptions, personal property, confirmation, and distribution.

A boxed lunch will be provided by the seminar sponsors, Manier & Herod, PC, and Bradley. Please register by June 14 to guarantee a lunch at the program PRESENTERS Erin Malone-Smolla, Bradley Gray Waldron, Niarhos & Waldron, PLC

and How to do so as a Paralegal

This CLE will discuss various ways to utilize paralegals to increase revenue within a firm. Learn tricks from paralegals turned entrepreneurs who have created successful businesses as outsourced admins and paralegals. Highlights include how to improve process and efficiency; improving billing efficiency without burnout; takeaways for attorneys and paralegals based on real-world experience; and finding that lost time (and cash).

Lunch is graciously sponsored by RayNa Corp and OT Paralegal Services. Register by June 13 to guarantee your lunch.

PRESENTERS Lori J. Gonzalez, The RayNa Corporation

Robert Waldschmidt, Law Office of Robert H. Waldschmidt

Julia Taylor, OT Paralegal Services

D E TA I L S

D E TA I L S

Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

COST

COST

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45

CLE Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after June 13, add a $10 late fee.

NBA Associate Members/TPA Members. . . . . . . . . . . . . FREE Attendance Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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F R I– S AT URDAY, J UNE 2 1 – 2 2 | LIVE SEMIN A R

TU E S D AY, JU N E 25 | LI V E S E M I N A R

INTRODUCTORY INTERDISCIPLINARY COLLABORATIVE DIVORCE TRAINING

E-FILING IN CHANCERY, CIRCUIT, AND CRIMINAL COURT

OVERVIEW

OVERVIEW

Presented in Partnership with the Middle Tennessee Collaborative Alliance

Join us for a CLE on the e-filing systems in Chancery, Circuit, and Criminal Court. Representatives from each court will present about their respective e-filing systems, and you will have a chance to ask questions.

Want to help families move through divorce in a way that helps preserve relationships, honors privacy, and respects their needs and interests? Join family law practitioners who are committed to helping families resolve their differences peacefully rather than battling as adversaries in the courtroom and become trained as a Collaborative Divorce professional.

This interactive training demonstrates a Collaborative Divorce case from beginning to end and teaches the skills needed to be a Collaborative Divorce practitioner. Get ready to be engaged, surprised, and laugh while obtaining 14 CLE credits and learning how to add this ADR method to your practice.

PRESENTERS View the full agenda and presenters online at NashvilleBar.org/CollaborativeDivorceTraining.

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 8:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30am – 5:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . 14.0 General & CME Credit

PRESENTERS Tracy Cartwright, Chief Deputy of Operations Davidson Co Circuit Court Clerk’s Office Joseph P. Day, MSP, Chief Deputy of Public Relations and Employee Development Davidson Co Circuit Court Clerk’s Office Ricky Rooker, Davidson Co Circuit Court Clerk Maria Salas, Clerk & Master, Davidson Co Chancery Court Julius Sloss, Davidson Co Criminal Court

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

D E TA I L S

COST

Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $595 SPONSORS

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 General Location. . . . . . . . . . Historic Courthouse Jury Assembly Room COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135 For registration after June 21, add a $10 late fee.

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

T HURS DAY, J UNE 2 7 | LIVE SEMIN A R

S ATU R D AY, JU LY 13 | LI V E S E M IN A R

LUNCH WITH CHANCELLOR RUSSELL PERKINS

DOG DAYS OF SUMMER

Animal Law CLE & “Yappy Hour”

OVERVIEW

OVERVIEW

The fifth Lunch with the Judges CLE features the Honorable Russell T. Perkins, Chancellor. Join him as he addresses issues, tips, and insights related to practice in Davidson County Chancery Court.

In celebration of the dog days of summer, you and your furry friend are invited to a CLE and networking “yappy hour” (dog treats included!).

The NBA will provide a pizza and salad lunch at 11:30am. From 12:00 to 1:00pm, there will be an hour-long CLE related to courtroom practice with opportunity for questions.

PRESENTER Hon. Russell T. Perkins, Chancellor

Our panel of animal-loving attorneys will discuss important animal law issues: • Update on legal issues affecting farmed animals • Overview of Tennessee’s animal cruelty statutes • Differences between types of animals assisting humans (i.e., service and therapy animals, ESAs, etc.) and animal accommodation laws • Learn how to help prevent service animal fraud—what questions a business owner or employee may ask and when a service animal can be denied access.

All are welcome to attend! CLE will be available for a fee, or you may attend for free.

PRESENTERS Daina Bray, General Counsel, Mercy for Animals Shannon Poindexter, Legal Advocacy Counsel American Society for the Prevention of Cruelty to Animals

D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Eleanor K. Wetzel, Research Attorney and Therapy Animal Handler / Board Member of Music City Pet Partners

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

D E TA I L S

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:45 – 9:00am

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 – 10:00am

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59 For registration after June 25, add a $10 late fee.

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . West Park Pavilion, 6105 Morrow Rd COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 Attendance Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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THURS DAY, J ULY 1 8 | LIVE SEMINAR

TU E S D AY, JU LY 23 | LI V E S E M I NA R

LUNCH WITH JUDGE MARK FISHBURN

THE WATERGATE CLE REPLAY

OVERVIEW The sixth Lunch with the Judges CLE features the Honorable Mark J. Fishburn, Criminal Court Judge. Join Judge Fishburn as he addresses issues, tips, and insights related to practice in Davidson County Criminal Court.

Featuring John W. Dean & James D. Robenalt (Videotaped) OVERVIEW

Were you interested in seeing The Watergate CLE, but you missed John Dean’s and Jim Robenalt’s visit to Nashville? This is your chance—we are broadcasting The Watergate CLE recording at the NBA for LIVE credit.

The NBA will provide a pizza and salad lunch at 11:30am. From 12:00 to 1:00pm, there will be an hour-long CLE related to courtroom practice with opportunity for questions.

PRESENTER Hon. Mark J. Fishburn, Judge

Over 40 years ago, Richard Nixon became the only president in U.S. history to resign, in large part because of disclosures about the Watergate scandal by his White House counsel, John Dean. During this presentation, Dean will be joined by nationally renowned trial expert James D. Robenalt as they tie this historic chain of events to the ethical issues you likely face every day in your practice.

D E TA I L S

NOTE: Stay all day and earn 6 hours of DUAL CLE credit by watching The Nixon Court Replay!

Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm

PRESENTERS

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

Originally presented by John W. Dean & James D. Robenalt

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59 For registration after July 16, add a $10 late fee.

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST CLE Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after July 19, add a $10 late fee.

22

NASHVILLE BAR JOURNAL | JUN/JUL 2019

T UE S DAY, J ULY 2 3 | LIVE SEMIN A R

TH U R S D AY, A U G U S T 1 | LI V E S EM IN A R

THE NIXON COURT REPLAY

ELECTION LAW UPDATE

Featuring John W. Dean & James D. Robenalt (Videotaped) OVERVIEW

Were you interested in seeing The Nixon Court, but you missed John Dean’s and Jim Robenalt’s visit to Nashville? This is your chance — we are broadcasting The Nixon Court recording at the NBA for LIVE credit.

OVERVIEW Join us for an update on election law presented by attorney Junaid Odubeko. This discussion features current developments in election law statues and case law.

John Dean and James Robenalt provide an in-depth look at vetting Supreme Court candidates, the Burger and Rehnquist Courts, and the backstory of Roe v. Wade. John Dean helped to vet Supreme Court candidates as White House counsel, including Mildred Lillie—the first woman to be considered for the Court. Learn what it was like behind the scenes!

Note: Stay all day, and earn 6 hours of DUAL CLE credit by watching The Watergate CLE Replay!

PRESENTERS Junaid Odubeko, Bradley D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm PRESENTERS Originally presented by John W. Dean & James D. Robenalt D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after July 30, add a $10 late fee.

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST CLE Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after July 19, add a $10 late fee.

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

23

T H URS DAY, AU GUST 2 2 | LIVE SEMINA R

FR I D AY, A U G U S T 23 | LI V E S E M I N A R

LUNCH WITH CHANCELLOR PATRICIA MOSKAL

GOVERNMENT PRACTICE INSTITUTE

OVERVIEW

OVERVIEW

The seventh Lunch with the Judges CLE features the Honorable Patricia H. Moskal. Join Chancellor Moskal as she addresses issues, tips, and insights related to practice in Davidson County.

The NBA Government Practice CLE seminars are scheduled for Friday, August 23 and Wednesday, December 18. Each program will offer 6 hours of CLE credit, with the December program offering 3 hours of dual (ethics) credit. Register for both programs and save $125 off the cost of admission.

The NBA will provide a pizza and salad lunch at 11:30am. From 12:00 to 1:00pm, there will be an hour-long CLE related to courtroom practice with opportunity for questions.

PRESENTER

Topics for the August seminar include a Tennessee Supreme Court Update, the annual Ridley Report, and more. The full agenda is available at NashvilleBar.org/GovernmentCLE.

Hon. Patricia H. Moskal, Chancellor

D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

PRESENTERS A full list of presenters is available online at NashvilleBar.org/GovernmentCLE.

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

D E TA I L S

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 – 8:00am

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59 For registration after August 20, add a $10 late fee.

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00am – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0 General Location. . . . . . . . . . . . . . . . . . . . Downtown DoubleTree Hotel COST August 23 CLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $269 December 18 CLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $269 August 23 & December 18 CLE . . . . . . . . . . . . . . . . . . . . $399

24

NASHVILLE BAR JOURNAL | JUN/JUL 2019

NB A ONLINE SEMINARS P erso n al i ze d Le a r ning on Your Sc h edul e

P LI LI V E WE B C A S TS Li ve C LE C redi t f rom I nnovat i ve We b c a s ts

is the exclusive online support network for the NBA.

PLI and the NBA provide sophisticated programs to Tennessee attorneys through live webcasts held at the NBA Conference Center. Attendees will earn live CLE credit. Registration is FREE for PLI’s Privileged members. Visit NashvilleBar.org/ CLE for course details and to register.

Check out our online seminars at NashvilleBar.org/CLE! We have a variety of relevant and focused topics to choose from including the following. . .

Bankruptcy | Business | Chancery & Circuit Court Client Relations | Commercial | Communications Corporate | Criminal Employment | Entertainment Estate Planning | Ethics & Professionalism | Family Government | Immigration | Intellectual Property International Law | Litigation | Media | Mediation | Probate Technology | Trial Practice MARK YOUR CALENDARS Diversity Committee | Linguistics August 15 | 12:00 – 1:00pm | 1.0 General Trial Practice August 21 | 1:30 – 4:45pm | 3.0 General Closing the Deal: Conveying Real Estate With & Without the Probate Court August 28 | 11:30am – 1:30pm | 2.0 General Lunch with the Judges Series September 27 | Judge Kelvin Jones October 16 | Chief Judge Kenneth Switzer & Judge Dale Tipps

Ethics for In-House Corporate Counsel June 26, 8:00 – 10:10am

2.0 Dual

Complimentary breakfast included.

Ethics in Discovery June 26, 11:00am – 1:10pm

2.0 Dual

The Ethics Game Show: A Review of Ethical Issues June 26, 2:00 – 4:10pm 2.08 Dual Writing for Litigators July 8, 1:00 – 4:15pm

2.92 General

Corporate Whistleblowing July 16, 12:30 – 4:15pm

3.25 General

Compliance & Ethics Essentials July 18 – 19, 8:00am – 12:15pm

1.0 Dual | 9.0 General

Complimentary breakfast included.

21st Annual Supreme Court Review: October 2018 Term August 1, 8:00am – 4:00pm 6.0 General Complimentary breakfast included.

The Attorney-Client Privilege and Internal Investigations August 6, 2:00 – 4:10pm 2.01 Dual Ethics in Banking and Financial Services August 13, 8:00 – 11:00am

2.66 Dual

Complimentary breakfast included.

November 18 | Judge Bell

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

25

GET A CLE EASY PASS & GO! 3 EASY PASSES TO CHOOSE FROM:

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Purchase your members-only CLE Easy Pass now, and save up to $255 on cutting edge CLE! Choose a CLE Easy Pass that fits your “Live” CLE hour needs and your budget.

Call Vicki at 615-242-9272 for questions or to purchase your CLE Easy Pass today.

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MAIL Nashville Bar Association | ATTN: CLE Division 150 4th Ave N, Ste 1050 | Nashville, TN 37219

PHONE 615-242-9272

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CANCELLATION: No refund or credit will be issued after 5:00pm two business days ahead of the seminar; however, a substitute may attend for a registered participant. CLE EASY PASS HOLDERS: Cancellation must be received by 5:00pm two business days ahead of the seminar to retain CLE Easy Pass hours.

CLE Easy Passes are non-transferable, and a substitute may not attend for an Easy Pass Holder.

26

NASHVILLE BAR JOURNAL | JUN/JUL 2019

Editorial |

Kimberly Faye Clark

How the NFL Draft and Large-Scale Events Benefit Local Attorneys It’s no secret—Nashville hosted a record-breaking weekend for the 2019 NFL Draft. Over 600,000 fans visited lower Broadway and the Nissan Stadium area over the course of the three-day event. Additionally, the Draft telecasts combined to reach more than 47.5 million viewers.

Hosting the NFL Draft gave Nashville a unique opportunity to show off the city on a worldwide stage. We did it, and we did it well. Nashville proved it can, and will, play host to more than bachelorette parties.

Nevertheless, some Nashvillians are not fond of the city’s expansive role in hosting large, national-scale events. Many think the city’s time and money is better spent on those who already live in the city rather than hosting events that encourage more people to visit.

Regardless of your position on whether hosting large events is beneficial for Nashville, it is unlikely that door will close anytime soon. Now that the Draft has come and gone, what will be Nashville’s next big event—the Grammy Awards, Super Bowl, or World Cup? As Nashville serves as the site for future large-scale events, how can we, as attorneys, get in on the action? Hosting an

event like the NFL Draft takes months of planning and preparation. Many times the event management team and planners are out-of-state, so they rely on local counsel to assist in developing a thorough implementation plan and seeing it through.

For example, hosting an event on public property in downtown Nashville requires various permits and approvals. There are permitting processes for nearly every level of the event— special event permits, street closures, right of way permits, and, of course, alcohol and beer permits. Nashville’s permitting procedure has numerous layers and can be difficult for someone who is unfamiliar with the process. With large events having numerous logistical details and permitting requirements, it is in the event’s promoters’ best interest to seek local assistance.

Another opportunity for local attorneys includes negotiating agreements between the event team and property owners, concessionaires, and local business establishments, among others. Events that take place on private property require negotiations for the use of the property and other types of permissions.

Event planners also tend to engage with local concessionaires (continued on page 28)

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

27

Editorial |

How the NFL Draft and Large-Scale Events... (continued from page 27)

and other business establishments to provide food and beverage service. This is a great opportunity for a small business to be recognized on a large platform. However, while negotiating these deals, it’s easy for folks to overlook details regarding insurance, indemnification, choice of law, and legal fees. These are only a few of the many contract opportunities for local attorneys when it comes to event planning in Nashville.

Large events hosted in Nashville will almost always bring opportunities for entertainment and sports attorneys.

Regardless of the theme of the event, music will play a predominant role for any event hosted in Music City. For example, the NFL Draft showcased more than 20 Nashville-based acts representing diverse genres of music. The NFL Draft also brought local sports attorneys the opportunity to market their services, including pre-draft preparation, contract negotiation, and sports management.

With Nashville being home to four professional sports teams, several NCAA Division I programs, and talks of Major

League Baseball coming to the city, entertainment and sports attorneys will continue to benefit from the exposure that comes from Nashville hosting large events.

An increase in visitors also means an increase in hotel prices, which results in an increase in short-term vacation rentals. Short-term rental hosts are required to obtain a permit from the city by filing a floor plan, proof of insurance, identification records, proof of tax payments, neighbor notification documentation, and inspections with Codes and Building Safety, among other requirements.3 With Metro recently announcing that there will be increased enforcement of the permitting requirements, local attorneys may receive more inquiries for representation in obtaining short-term rental permits as well as defending actions against violations. There is serious money in short-term rentals, and we see regulatory defense works as a prime opportunity for attorneys.

Lastly, with hundreds of thousands of extra people in town, there is a possi-

bility for an increase in criminal activity, namely public intoxication and domestic violence. As such, criminal defense attorneys inevitably see a boost in business when Nashville hosts a large event.

Whether the person lives near Nashville or out-of-state, local attorneys can assist those individuals in navigating the various steps of their criminal proceedings.

There will always be good and bad that comes along with being an “it” city, but we might as well get the most out of these events—personally and professionally. Don’t get me wrong, I did my fair share of complaining about the Draft and the downtown street closures, but after seeing lower Broadway transform into a football paradise, all of the smiles of excitement, and hearing over 200,000 people passionately sing “Livin’ on a Prayer” together, it made me proud of our city. I look forward to the future events that Nashville will host and finding creative ways to involve the legal industry. n Endnotes Jim Wyatt, 2019 Draft Sets Records with 47.5 Million Viewers and 600,000 Fans in Attendance, TitansOnline (May 1, 2019).

1

THANK YOU to Rocky McElhaney Law Firm for making this year’s NBA Family Zoo day possible!

If you or your firm is interested in sponsoring next year’s Family Zoo Day, contact Traci.Hollandsworth@nashvillebar.org.

28

NASHVILLE BAR JOURNAL | JUN/JUL 2019

2

Id.

3

See Metro. Nashville Ord. BL2017-608.

KIMBERLY FAYE CLARK is an associate attorney at Waller Lansden Dortch & Davis, LLP where she concentrates her practice in the field of alcoholic beverage law and government relations. Prior to practicing, Kimberly served as law clerk to the Honorable Frank G. Clement, Jr. on the Tennessee Court of Appeals.

She is a member of the Nashville Bar Association and serves on the Nashville Bar Journal Editorial Committee among others. Kimberly was recently elected to serve as secretary of the Lawyers’ Association for Women Marion Griffin Chapter for the 2019-2020 year.

Editorial |

Christopher B. Fowler

STRP = Short Term Rental [Problems] Short Term Rental Properties (STRP) have become a hot button issue in Nashville’s ever-evolving landscape of work, life, and play. Only the transplant of cherry trees could create such unified outrage. In simplest terms, an STRP is a property rented to tenants for less than 30 days at a time. When STRPs were enacted in 2015, the legislative intent1 was to (1) provide flexible hous­ing that allows travelers a safe accommodation while contributing to the local economy, (2) provide homeowners an opportunity to hold property in difficult economic circumstances or as an invest­ment, (3) collect hotel taxes from short term rentals to promote and support travel and the local tourism industry, and (4) balance the needs of long-term residents with the allowance of short-term rentals.

The original STRP ordinances allowed property owners three types of permits to rent on a short term2 basis: Type 1 for owner-occupied, Type 2 for non-owner occupied in a single-family home, and Type 3 for non-owner occupied in a multi-family property.3 Current iterations of the ordinances eliminate Type 2 permits, allow an unlimited number of Type 1 permits, and allow STRPs in some SP4 zoned areas. The inception and evolution of the law caused tremendous changes to the valuation of real

estate, depending on the availability of permits for potential properties.

Nashvillian’s opinions on the issue fit within one of three starkly differing perspectives: The first believes that STRPs are the best thing to ever be enacted. Visitors are able to travel and experience Nashville like the locals, while homeowners receive payments to live in this increasingly expensive city. This is America after all,5 and the government has no right to legislate who stays at their house! The second become irate upon hearing the acronym S-T-R-P before describing them as the root of all evil, created to support a culture of bachelorette parties, pedal taverns, and general debauchery, which is stripping our city’s neighborhoods of their Southern charm with these mini-motels.

The third has no opinions. They are aware of websites like Airbnb for trips to the beach, but vehemently oppose the unnatural arrangement of a complete stranger sleeping in their house.

The divergent and forceful opinions caused city council members to attempt to re-work the system. While many constituents were thrilled with the influx of business, taxes, and income, others were appalled at the wake of Bird scooters, beer cans, (continued on page 30)

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

29

Editorial |

STRP = Short Term Rental [Problems] (continued from page 29)

and vomit left by guests. Then there is the politically-expedient homeowner who can’t afford to live in their current neighborhood without the added income generated from renting an extra room. The result is a patchwork of ever-changing amendments to legislation. For example, an ordinance6 was recently passed that allows only one STRP per lot. In practice, this ordinance eliminates the possibility of obtaining a permit should the neighboring “tall & skinny” HPR7 already have a permit. Neither the law-abiding citizens nor the Metro government can keep pace, as each have been held in contempt over this very issue. On October 28, 2016, the entire STRP structure was determined to be unconstitutional.8 However, the ruling was revised to only pertain to the facts and parties of that particular case.

The following (not-so) fictitious scenario plays out daily. A Nashville citizen with no knowledge of the topic or any experience with the legal system is convinced to list their home on VRBO during the NFL Draft—a week they were already planning to leave town to get away from the tourists. While away, the rent covers two months of mortgage payments, all taxes, and a small management fee.

The homeowner immediately loves this arrangement and continues listing the home. All runs remarkably well as renters take great care of the property, and the newfound income is automatically collected while the homeowner stays at their cabin on Center Hill Lake—that is, until their neighbor (see Opinion #2) anonymously reports the operation of an unlicensed STRP to Metro’s help hotline.9 A Metro Codes inspector checks their database to determine that this homeowner (1) is actively listing the property, and (2) does not have a permit.

30

The Metro Legal Department files a civil warrant against the homeowner, which is immediately served, with a trial set within days. My office is called by a furious potential client that demands immediate relief, a valid STRP permit, and for Metro to pay my fees when we win. Client expectations couldn’t be any better.

Metro has two arenas for prosecuting these alleged violations—the Board of Zoning Appeals (BZA) or the Environmental Court. Each forum has unique practices and possible remedies. If only by the possible penalty to be imposed, the BZA is generally more forgiving when the citizen has legitimate excuses for failing to comply with STRP ordinances.

Should the BZA determine that a homeowner is operating without a proper permit, the punishment will be up to a year of waiting before allowed to obtain an STRP permit.10 The Environmental Court was enacted as a means of correcting codes violations by property owners with overgrown grass, junk cars, or violent animals. STRP owners are forced into the same forum, with the possibility of losing hundreds of thousands of dollars per year. Local attorney Renard Hirsch currently serves as the Environmental Court “Referee,” a position appointed by Division IV Circuit General Sessions Judge Allegra Walker. The Referee is tasked with interpreting these vague ordinances that leave little discretion. For example, the ordinance fails to define how the Court should determine whether a permit was properly issued to a “owner-occupied” homeowner. When given the opportunity to cross-examine a councilman and inspector, neither could confirm that “upon a finding of a court of competent jurisdiction that an [STRP] has operated without a permit… there shall be a wait-

NASHVILLE BAR JOURNAL | JUN/JUL 2019

ing period of three years….”11 In conclusion, I believe that the vast majority of interested parties are doing their best to legislate, comply with, and enforce the STRP ordinances. Council members legislate an incredibly complex system of alternative, short term housing. Property owners comply with ever-changing laws to accommodate guests and make peace with their neighbors. The Metro Courts and inspectors enforce these ordinances with minimal time and funding. And, the Metro Codes Department provides most helpful answers to Frequently Asked Questions through their website. However, with all of the competing interests and money at stake, STRPs have a long way to go before their “problems” are cured. n Endnotes 1

Metro. Nashville Ord. BL2014-951 (Feb. 26, 2015), Substitute Met-

ro. Nashville Ord. BL2014-909 (eff. Mar. 6, 2015) & Substitute Metro.

Nashville Ord. BL2015-94 (eff. Mar. 6, 2015).

The The Metro Municipal Code section 17.16.250(E) fully defines “Owner-occupied,” whereas 17.16.070(U) defines “Not Owner-Occupied.”

2

3

Substitute Metro. Nashville Ord. BL2016-492 (eff. Feb. 24, 2017).

According to Metro’s Planning Department, a “Specific Plan District,” generally known as “SP” zoning, refers to a new type of base zoning district, not an overlay, which is not subject to traditional zoning districts’ development standards.

4

From personal experience, do not try this line of reasoning to convince any of the local municipalities to allow STRPs.

5

6

Metro Code § 17.16.250.E.1 (e).

HPR stands for “horizontal property regime,” a mechanism to add multiple residential dwellings on a single lot.

7

Rachel Anderson v. Metro. Gov’t of Nashville & David­son Co., TN, No. 15C3212 (Circuit Ct. Oct. 28, 2016).

8

9

Online or by phone at 435-STR-HELP.

10

Metro Code § 17.16.070(U)4(vi)(3).

CHRISTOPHER B. FOWLER is an attorney with Tune, Entrekin, & White, PC, focusing on complex civil litigation involving real property, business, and estates.

NashvilleBar.org/FindAMediator

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Visit NashvilleBar.org/FindAMediator to learn more. Fees for a listing are $200/year for NBA members and $350/year for non-members. Nonattorney mediators may participate if they have been approved as a Supreme Court Rule 31 mediator.

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APR/MAY 2019 | NASHVILLE BAR JOURNAL

31

Welcome to the NBA! Congratulations on your new membership! Thank you for joining the NBA and all that it has to offer. We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org for questions and general information.

NEW MEMBERS (MARCH 1 - APRIL 30) John O. Alexander

Joyce L. Dietzen

Mary Littleton

Laura Bassett

Eric Evans

Lauren W. McCoy

Laura B. Baxter

Grace A. Fox

Christian J. Polniak

Michael L. Berman

Summer Gabriel

Joseph Ronderos

Cynthia Cheatham

Cody R. Galaher

Megan E. Smit

Frank A. Coyle

Nicholas J. Goldin

Kaleigh R. Thacker

Berkley Crain

Galen S. Gray

Jeff Watts

Winston F. Davis

Alexandria Hartill

Chelsea K. Davis

Caleb H. Hogan

RESERVE OUR FACILITIES Did you know? The Nashville Bar Association offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville.

We have a spacious Conference Center and a smaller Board Room— both of which have Wi-Fi access, a computer, and phone—available for your use.

For more information, contact Vicki.

Shoulders@nashvillebar.org or visit NashvilleBar.org/ReserveOurFacilities.

32

NASHVILLE BAR JOURNAL | JUN/JUL 2019

NONPROFIT SPOTLIGHT

The Nashville Jazz Workshop | Marc Adesso

Did you know that there is a jazz club and school just north of downtown Nashville? Indeed, there is! The Nashville Jazz Workshop (NJW)—often regarded as one of Nashville’s “hidden gems”—has been dedicated to teaching, performing, and promoting jazz in our fair city for over 19 years.

The NJW receives generous funding from sources such as Metro Arts, the Tennessee Arts Commission, and the Community Foundation of Middle Tennessee.

Programs are also funded through private contributions as well as tuition and ticket fees. A 19-member Board of Directors is representative of the diverse community of jazz supporters in Nashville, including two local attorneys, Matthew Noggle and Marc Adesso.

Much of the NJW’s program involves jazz education—taught by some of Music City’s top jazz musicians—for all ages, levels, and instruments. Students range from ages 9 to 92. Classes are available for jazz newcomers, professionals wanting to “sharpen their edges,” and even non-musi­ cians wanting to learn more about jazz. In many ways, the NJW has become Nashville’s “community center for jazz.”

The NJW’s community building programs are especially evident in its pro

gramming for children and young adults.

Through its “NJW Scholarship Lessons,” NJW provides the finest in jazz education for local middle and high school students who are serious about musical studies and interested in pursuing careers in music. Students must apply, and when accepted, receive a full honorarium for weekly private lessons with professional jazz players, classes, books, and more.

Many students from the program have gone on to graduate from major music schools, won scholarships, and placed at the top of competitions.

The NJW also serves middle and high school age youth in a week-long summer jazz camp and a scholarship lessons program, the “NJW Summer Jazz Camp.” The jazz camp features ensembles, master classes, ear-training, repertoire building, phrasing/vocal expression, lyric interpretation, music theory, improvisation class, and jam sessions. Students have the opportunity to play and learn while preparing for a final concert attended by their parents. NJW offers scholarships to its jazz camp, as well.

Presenting a slightly less intensive experience, the NJW Pre-College Program is a 14-week set of courses focused on preparing teenagers aged 12 to 18 to get more serious about jazz studies.

The application-only curriculum includes classes in music theory, composition, jazz history, and ear-training.

The NJW also presents live jazz on weekends in its world-class listening room venue, the Jazz Cave. The Jazz Cave has been named in the Nashville Scene’s “Best of Nashville” and is listed in DownBeat Magazine as one of the top 150 jazz venues in the world. Educational outreach programs include the award-winning “Jazz on the Move,” presented free of

charge at the Frist Art Museum monthly from January through April. Each year, NJW puts on its signature “Jazzmania” event, which is considered by many to be the premier fundraiser and gala event for jazz music in Nashville.

It’s no secret that Nashville is in the midst of a historic development boom. As part of that boom, the Neuhoff Complex, home to the NJW, has been added to the list of sites slated for redevelopment.

Demolition and construction of the recently announced Germantown Riverfront project, which completely displaced the NJW, are scheduled to begin before the end of 2019.

While the developer of the Germantown Riverfront project is working closely with the NJW’s leadership to assist with relocation, the NJW must find a new home in 2020. In many ways, the timing of this relocation is excellent, as the NJW’s leadership recently completed a strategic plan calling for a larger facility that will aim to meet the growing Nashville community’s demand for more jazz outreach and instruction, not to mention a larger performance space (that will, of course, maintain the warmth and intimacy of the current Jazz Cave!).

Between Nashville’s explosive growth and the NJW’s search for a new home, exciting times are certain for both NJW and Nashville’s thriving jazz community. Please visit NashvilleJazz.org to learn more about the Nashville Jazz Workshop. n MARC ADESSO is a corporate attorney with Waller where he assists clients in capital markets, corporate finance, and securities transactions. A photographer outside the office, Marc is a committed supporter of the Nashville arts community.

He earned his J.D. from Marquette University Law.

JUN/JUL 2019 | NASHVILLE BAR JOURNAL

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Gail Vaughn Ashworth

Laura Heiman

Tracy Powell

Laura Baker

Lisa Helton

David Raybin

Heidi Barcus

Jamie Hollin

Sara Reynolds

Daniel Berexa

Paul Housch

Nathan H. Ridley

Michael Berman

R. Jan Jennings

Christopher Sabis

Mark Beveridge

Andrew Kaufman

Carolyn Schott

Hon. Joe Binkley, Jr.

Jordan Keller

Kimberly Silvus

Hon. Melissa Blackburn

John Kitch

Ronald Small

Charles Bone

Dean Bill Koch, Jr.

Eric Smith

C. Dewey Branstetter, Jr.

Irwin Kuhn

Laura Smith

Kenneth Byrd

Ed Lanquist, Jr.

Saul Solomon

Christopher Cardwell

Tom Lawless

John Spragens

Loy Carney

Wendy Longmire

Joycelyn Stevenson

Kay Caudle

Christina Lopez

Michael Stewart

Mark Chalos

Hon. Randal Mashburn

Gerard Stranch

William Cheek, III

Sam McAllester, III

Jim Stranch

Hon. Patsy Cottrell

Hon. Amanda McClendon

Hon. Aleta Trauger

John Day

Nicholas McGregor

Howard Vogel

Joy Day

Bob Mendes

Michael Wall

Rascoe Dean

Margaret Moore

Elizabeth Washko

Jacqueline Dixon

Marlene Moses

Jim Weatherly, Jr.

Blair Durham

Hon. Patricia Head Moskal

Thomas White

John Floyd

Phillip Newman

Thomas Wiseman, III

Keith Frazier

Dean Newton

Talley Wood

Richard Green

Marc Overlock

Sheree Wright

John Griffin, Jr.

Mattison Painter

Ed Yarbrough

Bill Harbison

David Parsons

Bill Young

Hon. Marian Harrison

Gregory Pease

Stephen Young

Aubrey Harwell, Jr.

Andrea Perry

Gulam Zade

Trey Harwell

Robert Perry

Stephen Zralek

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Law Day Lunch 2019 Highlights

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Race Judicata 2019 Highlights

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Arts Immersion 2019 Highlights

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Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Mekesha Montgomery of Frost Brown Todd has been appointed to chair the firm’s Manufacturing Industry Team. Montgomery focuses her practice on representing management in the areas of employment discrimination and wrongful, union negotiations, and arbitration.

ON THE MOVE Adam Barber and Garth Click have joined Martin Heller Potempa & Sheppard as associate attorneys. Prior to joining MHPS, Barber served as the Probate Master for Davidson County under Judge Randy Kennedy since his appointment in the Fall of 2015. Click ran a solo practice in Springfield, Tennessee for seven years. His practice is devoted to probate administration and litigation, family law, and personal injury.

Christen Blackburn has joined Lewis Thomason Law Firm.

Blackburn is a litigator representing Fortune 500 companies, small businesses, professionals, and governmental entities in a variety of litigation matters.

Cornelius & Collins is pleased to announce the addition of its newest associ-

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ate attorney, Deron L. Johnson. His practice will be concentrated in general civil litigation.

Johnson is a graduate of Vanderbilt Law School and the University of Kentucky.

Jennifer M. Eberle has joined the law firm of Kinnard, Clayton & Beveridge. Eberle, formerly a partner with Hall Booth Smith, will focus her practice on representing plaintiffs in medical malpractice actions, products liability, and other personal injury cases.

Robert A. Peal has joined Sims|Funk as a partner. Peal represents clients in business litigation, aviation-related litigation, entertainment litigation, white collar criminal defense, False Claims Act defense and prosecution, products liability litigation, construction litigation, crisis management, and internal investigations.

Lucinda Smith, director of the Legal Aid Society of Middle Tennessee and The Cumberlands Volunteer Lawyers Program, is leaving the firm after 16 years. Andrae P. Crismon Sr., managing attorney of Legal Aid Society’s Murfreesboro office, has been promoted to take over Smith’s role. Smith has led Legal Aid Society’s pro bono work since joining the firm in 2003.

Joel S. Stampley has joined The Law Office of Joshua D. Hankins as an As-

NASHVILLE BAR JOURNAL | JUN/JUL 2019

sociate. Stampley will focus his practice on commercial finance, real estate, business law, transactions, civil litigation, estate planning, and probate. He received his BA in political science from Louisiana State University and JD from Loyola University.

Littler’s Nashville office has added Courtney C. Williams as an associate. Williams both advises companies and litigates on their behalf on employment matters, including compliance with Title VII of the Civil Rights Act, discrimination and harassment, and claims of wrongful termination and defamation.

FIRM NEWS Baker Donelson has elected 11 new shareholders across the firm, including Chris Douse of the Nashville office.

Douse is a member of the firm’s Corporate Finance & Securities Group, where he focuses his practice on mergers and acquisitions, public and private equity and debt offerings, corporate governance, commercial finance, and other general business law matters.

Burr & Forman recently added the Agriculture Funding and Lending Group (AFLG) to their list of services. Primarily focused on projects related to the hemp industry, the AFLG will place a particular emphasis on capital raising activities, corporate transactions throughout the industry’s supply chain, and structuring financing transactions.

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Aaron | Sanders

Kinnard, Clayton & Beveridge

Patterson Intellectual Property Law

Adams & Reese

KTAG Law

Pepper Law

Anderson & Reynolds

Larry R. Williams

Rainey, Kizer, Reviere & Bell

Baker Donelson

Latitude

Raybin & Weissman

Bone McAllester Norton

Law Offices of John Day

Riggs Davie

Bradley

Leader, Bulso & Nolan

Riley, Warnock & Jacobson

Branstetter, Stranch & Jennings

Legal Aid Society

Robinson, Reagan & Young

Brewer, Krause, Brooks & Chastain

Leitner, Williams, Dooley & Napolitan

Rogers, Kamm & Shea

Burr & Forman

Lewis Thomason

Rudy Winstead Turner

Butler Snow

Lieff, Cabraser, Heimann & Bernstein

Schulman, LeRoy & Bennett

Cameron Worley

Lindsey + Amonette + Nemer

Shackelford, Bowen, McKinley & Norton

Capitol Christian Music Group

Loeb & Loeb

Sherrard Roe Voigt & Harbison

Cole Law Group

Martin Heller Potempa & Sheppard

Sims|Funk

Cornelius & Collins

Matt Hardin Law

Smith Cashion & Orr

Dickinson Wright

McAngus Goudelock & Courie

Smythe Huff & Hayden

Dodson Parker Behm & Capparella

McCarter & Beauchamp

Stites & Harbison

Evans, Jones & Reynolds

McGlinchey Stafford

Sutherland & Belk

Floyd Law Group

Meridian Law

Taylor, Pigue, Marchetti & Blair

Frazer

MTR Family Law

Venick, Kuhn, Byassee, Austin & Rosen

Frost Brown Todd

Nashville Electric Service

Warner Music Group

Grissim & Hodges

Neal & Harwell

Watkins & McNeilly, PLLC

Gullett, Sanford, Robinson & Martin

Nelson, Mullins, Riley & Scarborough

Waypoint Law, PLLC

Hall Booth Smith

North, Pursell & Ramos

Weatherly, McNally & Dixon, PLC

Hawkins Hogan

Ogletree Deakins

White & Reasor, PLC

Healthcare Realty Trust, Inc.

Ortale Kelley Law Firm

Wiseman Ashworth Law Group, PLC

Holton & Mayberry

Parker, Lawrence, Cantrell & Smith

Wyatt, Tarrant & Combs, LLP

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NASHVILLE BAR JOURNAL | JUN/JUL 2019

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