Nashville Bar Journal | June/July 2021

A Safer, Stronger Nashville

MIKE ABELOW, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE SAPP, Managing Editor

LAUREN POOLE, Managing Editor

JILL PRESLEY, Layout/Design/Production

EDITORIAL COMMITTEE

RAMONA DESALVO

TIM ISHII

KELLY FREY

SUMMER MELTON

ROB MARTIN

BART PICKETT

KATLIN RYAN

KRISTIN THOMAS

JONATHAN WARDLE

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

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

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

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials 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 1350 Nashville, TN 37219 615-242-9272 | NashvilleBar.org

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

Making A Statement | Mike

Abelow

The NBA speaks on your behalf on matters of public interest, and the power of the NBA’s voice comes from the fact that the we speak for over 2,500 attorneys. As a large group of attorneys, the NBA is listened to when it speaks, but some of that power comes from the careful way in which we choose to speak on your behalf. Since I took over as Bar President in December 2020, I have heard from several of you urging the Bar to take a position, and an almost equal number of you commenting positively—and sometimes negatively— on things we have said. This month, I thought it would be helpful to provide a peek behind the curtain and outline the careful way the Board considers making statements on your behalf.

The Board of Directors has a well-established policy, adopted in 2011, on taking official positions on matters of public interest. The policy tries to adhere to the “Goldilocks principle” and make statements on those matters involving the administration of justice but avoid getting involved in matters of a predominantly partisan nature.

Fortunately, to try to make sure the porridge is “just right,” these decisions are vested, in the first instance, in the Board’s Governance Committee—ably headed by our First Vice President Lynne Ingram—which makes recommendations to make public statements to the full Board. For those who are interested, the policy is available at NashvilleBar.org/PublicInterestPolicy. To summarize, the policy generally provides that the NBA should make statements on matters of importance to the legal system, the courts, the administration of justice, or when the NBA’s silence could be misconstrued. On the other hand, the NBA should not make statements about matters of a predominantly partisan nature. Of course, it is not always obvious where the dividing lines are here—but I can assure you that the Board works hard to try to get it right.

Another factor we consider in making a statement is whether or not the NBA taking a position will be helpful or harmful (the lawyer equivalent of the Hippocratic oath). In some cases, the NBA will take a public position regardless, and in other cases we will work behind the scenes and assess if taking a public position could be counterproductive to the cause we are being asked to speak on.

Finally, a key factor we have emphasized is that, if we are going to make a statement, we need to do so promptly. I am proud of our Governance Committee, which has jumped into action several times on an expedited basis to consider making a public statement. When we do make a public statement, we seek to do so quickly, and, where appropriate, in coordination with other influential organizations.

I very much appreciate the feedback I have heard from those of you who have reached out to urge the NBA to comment, and the positive and negative feedback I have received when we have commented (or not). Please do not hesitate to reach out to me, or to any NBA Board member, to let us know when—in your view—we have gotten the balancing act right, and when we get it wrong. We are not perfect, but we are careful, and try very hard to be your collective voice on matters of public interest where the NBA’s voice can make a difference. n

JUNE 2021

JULY 2021

Hear Ye, Hear Ye | Events of Interest

2021 NBA BOARD OF DIRECTORS

MICHAEL ABELOW, President

MARTESHA JOHNSON, President-Elect

Journal

LYNNE INGRAM, First Vice President

DANIEL BEREXA, Second Vice President

JOSH BURGENER, Secretary

JUSTIN CAMPBELL, Treasurer

FLYNNE DOWDY, Assistant Treasurer

LELA HOLLABAUGH, General Counsel

JOSEPH HUBBARD, YLD President

LAURA BAKER, Immediate Past President

HON. MELISSA BLACKBURN, First Vice President-Elect

LIZ SITGREAVES, Second Vice President-Elect

BAHAR AZHDARI

JAZ BOON

BRIGID CARPENTER

RAQUEL EVE OLUYEMO

SAM FELKER

LORA BARKENBUS FOX

MARY TAYLOR GALLAGHER

JEFF GIBSON

PAZ HAYNES

KIM LOONEY

HON. ELLEN HOBBS LYLE

MARLENE ESKIND MOSES

JUNAID ODUBEKO

KAYA GRACE PORTER

TIM WARNOCK

LUTHER WRIGHT, JR.

HON. BILL YOUNG

GULAM ZADE

NBA TEAM

MONICA MACKIE, Executive Director

CAMERON GEARLDS, CLE Director

TRACI HOLLANDSWORTH, Programs & Events Coordinator

JILL PRESLEY, Marketing & Communications Director

SHIRLEY ROBERTS, Finance Coordinator

VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE?

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

NBA President’s Reception

Join us LIVE! on June 15, from 5:00-7:00pm, on the Pinnacle Green Roof, to celebrate our 2021 NBA President, Mike Abelow. Complimentary parking in the Pinnacle garage, appetizers, and beverages will be provided by Sherrard Roe Voigt & Harbison.

Masks may be required upon entering the Pinnacle Building, however, the reception will be held outdoors. Visit NashvilleBar.org/Reception to learn more and to RSVP. We look forward to seeing you there! n

Mark Your Calendar!

Saturday, Sep 25 | Race Judicata @ Edwin Warner Park

Thursday, Sep 30 | Member Picnic @ Walk of Fame Park

Tuesday, Oct 12 | Law Day Lunch @ Renaissance Hotel

Friday, Nov 5 | NBF Fellows Dinner @ Loews Vanderbilt Thursday, December 9 | Annual Meeting & Banquet @ Music City Center

YLD Happenings

On March 27, NBA YLD board members, Joseph Hubbard, Grace Fox, Olivia Park, Taylor Ward, and Casey Miller, participated in an outreach event at the Second Harvest Food Bank. They were also joined by YLD members Jasmyn McCalla, Alexandria Hartill, and Lindsey Rank. The YLD packed food for at-risk children as part of Second Harvest Food Bank’s “BackPack” program. One in six adults and one in five children in Tennessee are food insecure and Second Harvest Food Bank has seen a 40-50% increase in need over the past year. The YLD packed the most food packages (1,204) for a group of this size for the entire year!

On April 8, the YLD had its first “socially-distanced” social event of the year at Top Golf. View photos of these events on page 27 or at NashvilleBar.org/PhotoGallery. Be on the lookout for more information about upcoming YLD events! n

As the pandemic wanes and air travel gears up, I have had several inquiries regarding the construction happenings at the Nashville International Airport® (BNA) and whether it is safe to fly. The short answers are: (1) A great deal of exciting upgrades and new developments are on board; and (2) Yes, it is safe to fly provided the posted precautions are followed.

To put the construction in context and provide some background, BNA has been one of the fastest growing airports in the country over the last decade, with passengers topping 18 million in 2019, a 14.2% increase over the previous year and the 7th straight year of record growth.

This growth, and the business it generates, makes BNA an engine of enormous economic activity for Middle Tennessee. According to a recent study, in 2019 alone, BNA generated more than $8.1 billion in total economic impact, supported more than 76,000 jobs in the region, and produced more than $443 million in state, local, and federal taxes. A similar study using a different methodology by the Tennessee Department of Transportation pegged BNA’s impact at a remarkable $9.9 billion. Any way that figure is calculated, it is clear that BNA is a highly valued asset for this region. It should be emphasized that this is all accomplished while receiving no local tax dollars.

Not surprisingly, the effects of COVID-19 dramatically curtailed air travel during the past year. In April 2020, for example, passenger traffic at BNA declined by a stunning 96 percent. Since that low point, travel has slowly increased, jumping this spring to roughly 60 percent of the 2019 figures, along with April 2021 proving to be the busiest month since the onset of the pandemic. More encouraging, the projections for near-

term air travel show much reason for optimism. Given our strong economy, combined with the increasingly successful vaccine rollout, air travel is expected to return to previous levels sometime over the next 18 months or so and to resume the steadily ascendant trajectory we have seen in previous years. Nashville, it seems, will soon be soaring once again.

BNA opened in 1937, and next year will celebrate its 85th anniversary. Last year, we celebrated the 50th anniversary of the Metropolitan Nashville Airport Authority (MNAA). This year, we celebrate the growth and success of both BNA and MNAA over the decades. We get it, that with continued growth and anticipated increase in passenger numbers, BNA must provide the facilities necessary to meet growing demands and continue to serve as a major economic asset for Nashville. The expansion and renovation of our airport—a program known as “BNA® Vision”—is well underway and designed to provide a bigger, better airport for the future of Music City. Unfortunately, a few temporary inconveniences accompany improvements and progress. Thanks for your patience with these annoyances—they are worth the wait. To prevent last-minute stresses, plan ahead for professional or leisure trips by taking time to watch and listen to our local media outlets and check out construction alerts posted at FlyNashville.com. While there, also navigate to “Newsroom” to find current updates on flight routes and other matters of interest.

Work on BNA® Vision began more than three years ago, and if you have been anywhere near the airport recently, I am sure you have seen all the construction activity in and around the terminal. Just to name a few, some easily visible complet(continued on page 8)

Feature Story |

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ed projects are: two state-of-the-art parking garages, the new Concourse D that added six gates, an expansion of the ticketing areas, a new administration building, pedestrian plaza, and renovations within the terminal such as new flooring and upgraded baggage claim area. That means farewell to the bizarre, beloved BNA carpet.

Much of the work currently underway is related to expanding and renovating the central lobby of the terminal, eventually resulting in a security checkpoint with 24 lanes and an innovative marketplace concept with a variety of concessions, customer amenities, and compelling airfield views.

The most dramatic change is progress on erecting the new roof canopy using a 439-foot crawler crane to hoist 1,500 tons of steel into place over 100 working nights.

The canopy, which evokes the image of an airwave, will add a modern Music City flourish that will command attention from both the ground and the air. Its function is not only aesthetic, but practical, as it will connect the garages to the central terminal with an elevated pedestrian bridge over Terminal Drive. It will allow us to literally raise the roof at BNA, creating a more spacious central terminal that will enhance the customer experience, including providing a higher ceiling and taller windows that will allow the aforementioned airfield views (a time-honored tradition at BNA) and an abundance of natural light to illuminate the terminal. I make a motion that you take a brief break from RFPs, MSJs, and legalese to take a look at the progress via BNAVision.com

Still on the horizon is a third parking garage, a Hilton-branded hotel, a modern International Arrivals Facility,

and roadway improvements—most all of which will be completed by late 2023. BNA also just announced another concourse—this one a free-standing satellite concourse to provide more gates and to facilitate the future expansion of the current Concourse A.

At a cost of $1.4 billion, the overall project may be the biggest capital improvement program in the history of Tennessee. Throughout the process, BNA was able to embrace the many small, minority and women-owned business enterprises in the Nashville community that will participate with more than $300 million in contracts integral to the project.

For another source of Nashville air travel enthusiasm, keep your ears open and eyes peeled toward the skies for newsworthy progress, ongoing recovery efforts from March 2020 tornado damage, and renovations at John C. Tune Airport (JWN) in West Nashville. Of particular legal interest, that airfield and facilities was named in honor and memory of John Childress Tune, a well-known Nashville attorney and NBA member, civic leader, longtime aviation enthusiast and one of the principal developers of the modern aviation authority concept. Mr. Tune was also a former chairman of the MNAA.

The bottom line: as we tame the pandemic, air travel in and out of Nashville is expected to resume its strong growth in the years ahead. We know the value of great infrastructure, and our airport is taking every necessary step to prepare for and facilitate the growth in this market. BNA is the front door in and out of Middle Tennessee, and we are well on our way to making it the world-class airport our world-class

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“WOW Moments” of Tennessee State Parks

I just kept thinking, “WOW!” as I weaved my way from the interstate to Natchez Trace State Park’s Pin Oak Lodge, I was in awe. The drive was a never-ending sea of beauty, and each turn revealed adventure invitations—for horseback riding, canoeing, hiking, and more. As the sun filtered down through the trees, I found my body and my mind relaxing, and I was able to breathe.

Without paying much attention to the details, I had signed up for a retreat with a few law school classmates and was escaping the city for the weekend. After the retreat, I returned to Nashville fully restored and basking in the afterglow of a weekend of journaling, good food, and connecting with friends while surrounded by all the glories of nature.

Now, over 16 years later, I am the General Counsel for the Tennessee Department of Environment and Conservation (TDEC). I witness daily the tireless efforts our 1,400 state park employees put into helping millions of visitors a year have their own “WOW Moments” in our 56 Tennessee State Parks.

Jim Bryson, the Deputy Commissioner for TDEC’s Parks and Conservation Bureau, developed the term “WOW Moment” in 2019 to describe those vistas, experiences, and encounters that transform our guests. Guests can create lasting memories while visiting

over 217,000 acres of state park property. WOW Moment is not just a term. It embodies the state parks’ strategic business plan because that’s the business of Tennessee State Parks—offering multiple “WOW Moments” to every park guest. We want “WOW Moments” to be accessible for all. Tennessee State Parks are free, with no entrance fees and there is a park within an hour’s drive of every Tennessean. We also continue to improve our offerings for guests with physical challenges.

In April, the legislature included $30 million to eliminate deferred maintenance and improve accessibility at state parks into Tennessee’s fiscal year 2021–22 budget. State parks provide a high return on investment for our state. The results of a recent study found that all those “WOW Moments” are lifting more than just the spirits of park guests. Local economies benefit, too: the study found a $1.84 billion positive statewide impact from state parks each year. However, 2020 was rough. Like private sector businesses, Tennessee State Parks encountered a host of hurdles. March tornados twisted miles of trails and hundreds of acres of timber. Just as the park system was recovering, the pandemic hit. Record crowds flooded in to recreate safely outdoors, and parks scrambled

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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

Congratulations to Mark Lenihan of Sims|Funk for correctly identifying the individuals in last issue’s photo! From left to right: Katie Atkins, Caroline Sapp, and Joshua Thomas.

Request from the Memorial Committee

The NBA holds two memorial services each year to commemorate and celebrate the lives of Nashville attorneys and judges who have passed away during the preceding year. These services are official proceedings of our Chancery Court and are organized by the Memorial Committee, a subcommittee of the NBA’s Historical Committee. In order to ensure that each deceased attorney or judge is memorialized, the members of the Memorial Committee (1) identify attorneys who were law partners, co-workers, or close personal friends with the late attorney or judge; and (2) request those attorneys to form a committee to prepare and present to the Chancery Court at the Memorial Service an appropri-

ate memorial resolution with respect to the life of the deceased attorney or judge.

The Memorial Committee is occasionally faced with a situation in which it is unable to identify or locate a person who knew the deceased well enough during his or her lifetime to prepare such a resolution. Sometimes, the deceased attorney may have been of such advanced age that his or her contemporaries have predeceased him or her. Other times, the attorney may have not been in private practice or did not have a practice that allowed significant interaction with judges or other Nashville attorneys. In these situations, the Memorial Committee is unfortunately unable to celebrate the life of the deceased attorney by the presentation of a resolution at the Memorial Service.

With this in mind, if you feel that you or another Nashville attorney that you know falls within such a category, it would be of immense help to the Memorial Committee if you would provide it with professional and personal information about you or the other attorney, so that the information is available to the committee upon the individual’s passing. Please send this information to Vicki at the NBA office, who will retain the information until it is needed. Additionally, please feel free to reach out to the Memorial Committee chair, Keith Turner, should you have any further questions about the Committee or the Memorial Services. n

BACKGROUND CHECK

Jim Kelley | Bart Pickett

Growing up in the northeastern Ohio, Jim Kelley found himself as far away from Tennessee in Ohio that you could be. He grew up as the only child in a typical, blue collar family. Jim spent time during the summers with his maternal grandmother who lived in Dover, Tennessee. It was no surprise when it came time for college, his mother pushed for what she thought was the best choice, Vanderbilt University.

When Jim arrived in Nashville in 1966, he found it to be a “small town” and quite inward looking, particularly when compared to present-day Nashville. He majored in math and graduated in 1970. While he loved his time at Vanderbilt, he could not wait to get out of Nashville, and headed north to Cleveland, Ohio. After a couple of winters there, however, he changed his mind—he wanted both warmer weather and a change of jobs. After working two years as a systems analyst for Standard Oil, he decided the corporate world was not for him.

In 1972, Jim moved back down south to Atlanta to attend Emory University Law School. He graduated in 1975 and started working as an associate at a local firm while also en -

rolling in the LLM in Taxation night program at Emory. As he finished up his Masters in Tax, the Nashville firm of Dearborn and Ewing reached out to him, as they just happened to be looking for a tax attorney. He met with the firm and accepted a job that proved to be life-changing, staying there from 1977 to 1990.

In 1990, Jim joined Neal and Harwell—where he still practices today— in business and finance matters with a particular emphasis on representing banks. Most of his work these days is transactional, although his work sometimes includes litigation when bankruptcy is involved.

Jim and his first wife, Lisa, enjoyed a wonderful marriage of 32 years before her unfortunate passing due to cancer in 2016. They have one daughter, Kathleen, who lives in DC and works for an audio/visual company focusing on corporate events. Jim gleefully tells about his 4.5 month old granddaughter, his first. As soon as he was two weeks post-vaccination, he headed to DC to see the baby. Jim still lives in the house on Richland Avenue that he bought in 1987 and converted from an apartment house back to single family.

In a fortunate series of events, some friends convinced Jim to go on a two-week cruise around the Iberian Peninsula in 2017 with a big group of people. Unbeknownst to him, Dr. Anne O’Duffy also signed up for the trip. Although the two had known each other for about 20 years, they had not really hung out before then. They hit it off and have been travelling through life since their marriage in June 2018.

The couple’s passion for travel

has made the pandemic that much harder, as Jim describes them as very serious travelers. Jim himself has visited more than 80 countries in his lifetime. He always keeps a trip on the books to look forward to, and if it gets cancelled, he schedules the next. Their trip to the Netherlands to see the tulips in April has been moved twice, but he remains hopeful for 2022. Even before then, the couple have a trip to the south of France set for September.

When he’s not circumventing the globe, Jim also dedicates time to the local non-profit world. He’s served as Board President for Nashville Cares, Oasis Center, Greenways for Nashville, Family and Children’s Service and the Richland-West End Neighborhood Association. He has also served on the Boards of OZ Arts Nashville, Watkins College of Art, and the American College of Bankruptcy

You can also find the amateur gardener working on his home gardens or playing with his Italian greyhound. His love for the breed has led him to adopt six from rescue programs.

Like most of us, Kelley looks forward to a return to normal. Most importantly, he’s ready to get more stamps on his passport. 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.

to find the manpower and supplies needed to keep everybody safe. In April 2020, Tennessee made the difficult decision to temporarily close state parks. At that time, the financial picture was bleak. State park lodges, restaurants, and gift shops were eerily silent. Concerned neighbors, state legislators, moms from my daughter’s preschool (also closed), and everyone in between showed me once again the deep connection we feel to our beloved state parks. Everyone sought assurance that things would open up again.

Well, you can’t keep a good parks system down. A few short weeks later, Tennessee State Parks reopened. The parks immediately filled with loyal park enthusiasts and guests discovering—or rediscovering—the great outdoors. A year later, as infection rates drop and vaccination rates rise, the parks remain open. Our state parks didn’t just survive, they emerged stronger. At a time when guests needed some “WOW Moments” more than ever, state parks were there. Year-over-year revenues grew 15% and donations more than doubled from last fiscal year’s total even with a quarter of the year still left to

go! WOW!

While overcoming 2020’s challenges, state parks not only continued to deliver “WOW Moments,” but did so in new ways—including hosting 92 virtual events. Since tracking began in 2020, Tennessee State Parks have documented 1.1 million “WOW Moments” through customer communications like guest reviews, social media, and surveys.

“WOW Moments” also result from discovering the rich history of the state itself through the parks experience. Tennessee State Parks help preserve the history of Tennessee’s past and interpret it for generations of guests. In April, I hiked to the top of Cardwell Mountain, a significant 500-acre archeological site the state very recently acquired days before. While walking with Tennessee State Archeologist Phil Hodge, I was captivated by his stories of ancient activities at the site, however, concerned by the signs of looting of ancient artifacts. Thanks to TennGreen, The Nature Conservancy, and The Conservation Fund, the state is now able to protect this site with support from the ranger staff at Rock Island State Park—and lots of cameras. TDEC’s

Bureau of Parks and Conservation’s next project will conduct important historical, archaeological, and biological research to catalogue the site’s resources.

Though it will be some time before the public can access Cardwell Mountain, Tennessee State Parks have plenty of “WOW Moments” planned. The upcoming events calendar is available now by visiting TNStateParks.com—loaded with 40 to 50 events a month. In June, guests can go spelunking in Bunkum Cave or take an Appalachian broom making class at Cordell Hull Birthplace State Park. You can even head out for night sky storytelling and constellation identification in the astronomy field at Pickett CCC Memorial State Park. July at Montgomery Bell State Park will see “meet the mounted patrol” events, as well as canoe and kayaking trips on Lake Woodhaven.

Another way to enjoy Tennessee State Parks is by subscribing to The Tennessee Conservationist magazine, published six times a year. Get yours today at TNConservationist.org. You’ll enjoy beautiful photography, smart articles, and a preview of upcoming parks events.

I am looking forward to seeing you on the trail, and hearing about your own “WOW Moment” made in any one of our 56 amazing Tennessee State Parks. n

Photo credits: Aerial Innovations Southeast.

JENNY HOWARD serves as general counsel for the TN Department of Environment and Conservation. She previously served as an assistant attorney for the Metro Government of Nashville and Davidson County, and also worked in private practice with a large Nashville firm. She currently serves as the NBA’s Environmental Committee co-chair and Class Reunion co-chair for Vanderbilt Law School’s Alumni Association.

BILL & PHIL’S GADGET OF THE MONTH

It’s Travel Time! |

We are excited. Armed with our vaccinations (even though our arms were sore for a while), we are ready to hit the road, hop on a plane, and visit new and exciting places. (And you can rest assured we will be in Vegas next year for the Consumer Electronics Show.) So, we decided this would be a good time to share our favorite travel apps and web sites.

We will dedicate most of this article to airline booking apps, but will also include some additional apps and web sites that can assist you in your travels in a variety of ways.

Airline Booking Web Sites & Apps

In our opinion, the best airline booking services are: ITA Matrix, Google Flights (powered by ITA Matrix), Monondo, Kayak, Expedia (and Orbitz and Travelocity), and Skiplagged. If traveling via Southwest, you have to search Southwest separately. It does not allow access to aggregators or third party booking sites.

ITA Matrix & Google Flights: Bill’s partner, Jim Kelley, turned us on to ITA Matrix in the 1990s well before Google bought the technology from a bunch of MIT computer geeks. It is the grandmother of all flight searching web sites. Google bought the technology and soft-

Bill Ramsey & Phillip Hampton

ware in 2011, but many other providers such as Orbitz, Delta, United, and, of course, Google Flights use the technology. The interface takes a little time to learn, but it is the most powerful tool in the bunch. You cannot book flights directly on Matrix, but you can paste the results of your search on BookWithMatrix.com to book the flight you found. Or, you can use Google Flights, but we don’t think it is quite as snazzy as Matrix. Also, not all airlines can be found on Matrix or Google Flights.

Momondo: Momondo is an “aggregator” and a flight booking site. An aggregator searches a number of sites and helps you find the best flights and deals on the web. You then go to another site to book the tickets. Momondo does both, but it shows its booking options first. Many consider Momondo the best of the pack.

Kayak: Kayak is a pure aggregator. It has a robust set of searching options, but in our experience, it does not always find the best and cheapest flight. It does a good job, however, of telling you when you should wait for a lower price.

Expedia, Orbitz & Travelocity: Microsoft gave birth to Expedia and sold it in the mid-1990s. It went public in 1999 and now owns Travelocity, Orbitz, Hotels.com and Hotwire. From our limited testing, Expedia, Orbitz, and Travelocity all give the same results, which are not so hot at finding the best price, but they are good places to book the entire trip—flights, rental cars, hotels, etc.

Skiplagged: We stumbled on this site in our research and it is pretty darn cool. Its name comes from a little-known travel trick called “skiplagging.” Here is how skiplagging works. Let’s say you want to go to Cincinnati, but the flights to Cincy are too expensive. However, you found

a much cheaper flight that has a stop in Cincy and then you go to Cleveland, either with or without a plane change. So, you book the cheaper flight, get off in Cincy, and skip the flight to Cleveland, thereby saving money. (This does not work if you check baggage.) Airlines obviously do not like this practice, and have been known to take adverse actions against skiplaggers, such as banning them from the airline or revoking their frequent flyer points. However, Skiplagged is still great without the use of skiplagging. (Though it does include skiplag fares in its search results.) Nevertheless, Skiplagged is an aggregator that often finds the lowest fare and best flights, and it is very fast. The search options and interface are not as neat as others, but, if you want to find cheap flights fast, you may want to try Skiplagged.

Other Travel Apps & Services

Driving Apps and Websites: If you can’t afford, or don’t want, to fly, there are many apps and websites that will make your trip easier and more enjoyable. Of course, Waze and Google Maps are very helpful in making sure you stay on the proper and best route for your driving journey. While you are on the road, use GasBuddy to help you find fuel by location and price. iExit will tell you what is waiting for you at each exit on the interstate. RoadTrippers will give you suggestions on where to stop to find interesting places, parks, campsites, restaurants, etc. while you are on the road. And, if you are a hiker, try the AllTrails app to help you find interesting trails to hike—whether you are in for a short jaunt or a challenging trek. If you want to ride on a bus or a train, try Wanderu.

Places to Stay: If you are looking for

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Feature Story |

“It City” needs and demands.

As for the health safety of domestic travel, BNA and the airlines have taken several measures to ensure the safety of the traveling public. Our airport has reinforced and enhanced its cleaning and sanitizing protocols, launched a public awareness campaign about CDC best practices, began distributing free face coverings, increased the number of hand sanitizer stations, and installed plastic shields at airline counters. And more technology advances have been incorporated or are on the way, including touchless elevator panels and germ-killing UV lighting for escalators and HUVC air-handling systems. “Be Safe. Be Healthy. Be Nashville” emerged as BNA’s message to reassure travelers of the precautions taken at the terminal.

BNA took safety measures to protect the public by enhancing aircraft cleaning procedures, such as using hospital grade disinfectants and performing a daily deep clean. Also, most planes are equipped with HEPA filters,

so sitting in an airplane is probably safer than sitting in a crowded bar. For more information, check out the CDC on Domestic Travel During COVID-19 and FlyNashville.com

Now is a good time to pack your bags. Safe travels, be well, and be sure to thank the BNA personnel, TSA teams, and your airline crews for their excellent assistance and courtesies, particularly amidst recent construction and COVID chaos. They are valuable ambassadors and public servants.

I cannot close without proper thanks and acknowledgements to Metropolitan Airport Authority President & CEO, Doug Kreulen, the entire MNAA staff, MNAA Board Counsel/NBA member Cindy Barnett, and my fellow members of the MNAA Board of Commissioners for their hard work, support, and leadership. Additionally, please join me in welcoming to the Nashville Bar Association, Executive Vice President, General Counsel, and Chief Compliance Officer Neale Bedrock, who recently joined BNA. It has been my honor and pleasure to serve with this team.

Finally, I must convey my extra special appreciation and a shout out to Tom Jurkovich, BNA Director, Communications, and to Kym Gerlock, Vice President Communications and Public Affairs, for their help landing this article in the Nashville Bar Journal.

Signing off for now. Stay tuned. n

TREY HARWELL, a Past President of the NBA, is a Member at Neal & Harwell, PLC. He also serves as Chairman of the Metropolitan Nashville Airport Authority.

Gadget of the Month

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lodging, try Hotel Tonight, Hotels.com, Airbnb or VRBO (as well as sites such as Expedia and Travelocity). If you like to camp, or you travel in an RV, trip, try looking for camping sites on Recreation. gov or on The Dyrt. Try Hipcamp if you want to go “glamping” in a yurt or a tiny house. If you are in an RV, try the KOA app or RVParkFinder.com.

Trip Planning & Organizing

If you want to have an enjoyable trip, you should plan and organize your trip. You can emulate Phillip and put everything in OneNote that relates to your trip (flights, places you are staying, rental cars, restaurants, etc.). Or, you can try TripCase, which will combine all trip related items into a chronology or itinerary (and you can add notes to the list). Another similar app is Tripit. Tripit works by locating confirmation emails in you email box and building your itinerary from the confirmations. If you want to learn more about your destination, try TripAdvisor or Culture Trip. The latter gives you interesting articles about your destination (supposedly written by locals). If you need help with deciding what to pack for your trip, try PackPoint. PackPoint tells you what you should pack, based on the length of stay and the weather forecast and the resources available at your destination. If you want to meet some local people with interests similar to yours, try Meetup (no, it is not a dating app)

So, get out there and get ready to take your vaccinated body on an interesting and fun trip. n

See you next month, Bill & Phil

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Notes

| Peggy Sue, the Beagle Hound

Put out the fire and call the dogs in; the hunt’s over.

The 2021 Session Recesses for the Year

With the adoption of SJR 771, the General Assembly concluded its work for the year at 9:15pm on Wednesday, May 5. The 112th General Assembly will reconvene at 12:00pm on Tuesday, January 11, 2022.

Top Five 2021 Legislative Enactments

Budget Package. Four separate bills make up a package of bills for the state’s spending plan for the fiscal year beginning July 1, 2021. Those are: SB 912 / HB 1153 (appropriations), SB 909 / HB 1154 (budget implementation), SB 909 / HB 1152 (bond authorization), and SB 911 / HB 1151 (index for budget growth). The budget authorizes the expenditure of $42.6B dollars. The appropriations bill is the only bill the General Assembly must pass each year. Governor Bill Lee’s budget proposal passed largely intact with a few legislative tweaks. While the bill fully funds the K-12 education funding formula and the inflation adjustments for the TennCare program, it also has more than $900M in capital expenditures which are paid for in cash, rather than bonded indebtedness. A significant legislative improvement is a $250M allocation for

the Tennessee Consolidated Retirement System as well as an additional $50M deposit for the state’s rainy day fund. The budget also has a 4% pool of salary improvement funds for state employees and K-12 teachers and employees. Shepherded during the entire session by House Finance Ways & Means Committee Chair Patsy Hazlewood (R of Signal Mountain) and Senate Finance Ways & Means Committee Chair Bo Watson (R of Hixson), the bills passed with relatively little drama, but with some dissenting votes from Democratic members. The effective date of the noted bills is July 1.

Three Judge Panel. Alexander Hamilton noted in Federalist Paper No. 78 that “the judicial branch of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse, . . . It may truly be said to have neither FORCE nor WILL, but merely judgment.” Fast forward to 2021, and four years of the 45th President lashing out at judges for decisions he disagreed with and two high profile losses by the State in the Davidson County Chancery Court, and you get SB 868 by Bell / HB 1130 by Farmer that would have created a popularly elected statewide chancery court. When the original proposals could not find consensus between the two houses, the end result ended up being a three judge panel with the two additional panel members appointed by the Supreme Court. The three judge panel would hear any action challenging the constitutionality of a state action. Appeals are still be to the Court of Appeals. The effective date is July 1, and applies to a civil action pending or filed after July 1, 2021.

Criminal Justice

Reform.

Governor Bill Lee’s signature proposal during the 2021 session was criminal justice reform

as stated in SB 767 / HB 784 and SB 768 / HB 785. Backed by a curious coalition composed of Americans for Prosperity and the Beacon Center, as well as the American Civil Liberties Union, both bills passed largely as introduced. Although, the Lee Administration did have to retreat on its initial proposal to do away with the 1989 Community Correction Programs. Vocal opponents, predictably, included the District Attorneys General Conference. Each bill includes a provision allowing for a shock confinement sentence of 15, 30, 90, or the remainder of the sentence for a technical violation of probation or parole, such as missing an appointment with a supervising officer or a bad drug screen. Under the former law, a technical violation would result in the imposition of the remainder of the original sentence. These noted provisions of the bills take effect on July 1.

COVID Response. Whether measured in dog years or human years, we hope to never see another pandemic year. The virus tore at our social fabric, and the remaining ragged edges had political impact, as well. Chapter 2 of the First Extraordinary Session excludes data from any tests or assessments during the 2020-2021 school from being used in the evaluation of teachers. SB 187 by Bowling / HB 13 by Hulsey prohibits the state and local governments from requiring anyone including school children from receiving an immunization, vaccination or injection for the SARS-CoV-2 virus or any variant of the virus. The bill becomes effective with Governor Lee’s signature. SB 858 by Bowling / HB 575 by Ragan prohibits a state or local government from requiring a business to require proof of vaccination as a condition of entry or service. The bill becomes effective with

(continued on page 18)

Legislative Column | Capitol

Notes (continued from page 17)

Governor Lee’s signature.

Constitutional Carry. In no particular order, Tennesseans are fond of their whiskey, barbecue, music, dogs, and guns. On criminal justice issues, the police chiefs, sheriffs, and district attorneys seldom ever lose, but on SB 765 by Johnson / HB 786 by Lamberth, those three groups had to run away like a scalded dog. Governor Bill Lee and the NRA worked to make Tennessee the 20th state where “permitless carry” of a handgun is lawful for anyone at least 21 or at least 18 and an active duty military member or honorably discharged veteran. The bill applies to handguns that are concealed or openly carried, and follows a 2019 statute that relaxed the then existing handgun carry permit requirements for concealed carry only handgun permits by removing the training requirement to get a permit. The bill takes effect on July 1, 2021

Worth a Mention, but Not Top 5 Material Medical Cannabis. SB 118 by Massey / HB 490 by Terry creates a medical cannabis commission and authorizes use of oil containing cannabidiol with less than .9% THC for 9 selected medical conditions. The bill becomes effective with Governor Lee’s signature.

Transgender Rights Restrictions. Sports (Public Chapter 40 effective March 26), Bathroom signage (SB 1224 / HB 1182 effective July 1), School Accommodations (SB1367 / HB 1233 effective July 1), Health Care Treatment (SB 126 / HB 1027 effective upon Governor Lee’s signature), and K-12 curriculum (Public Chapter 281 effective May 3).

Unemployment Compensation. SB 1402 by Lundberg / HB 1039 by Vaughan. Under the former law, the maximum term of an unemployment compensation claim

was 26 weeks, and the maximum weekly benefit amount was $275. This bill decreases the maximum claim length to 12 weeks and increases the maximum weekly benefit amount between $25 and $50 depending on a claimant’s wage history. The effective date is December 1.

Certificate of Need. SB 1281 by Reeves / HB 948 by Boyd relaxes some of the requirements in the present law for a health care facility to obtain a certificate of need. The effective date is October 1.

Dolly Parton Resolution. HJR 358 honored Dolly Parton and noted that her musical talents and philanthropy make her a “fierce force for good.” That is what we want to be!

Calendar Notes

Make an appointment for your COVID-19 vaccination. All good dogs get a rabies shot every year. Our humans need to do so for COVID-19.

Take a quiet moment to honor the memory of State Senator Thelma Harp er. Her passing on April 22, 2021, marks the end of an amazing career of public service and support for her city and the legal community.

The State and the NBA will observe the Independence Day holiday on Mon day, July 5, 2021.

Looking ahead to 2022, judicial elections are Thursday, August 4, 2022, and for those counties holding primary elections, those are Tuesday, May 2, 2022. We are starting to see incum bents knock the rust off their distribution lists and begin the campaign season. 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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A Pop Star, a Politician, and a Reality TV Star: Dog Parents and Incidents Involving their Beloved Pets

When hearing about an incident involving a dog attack, one may typically think of a dog attacking a person or another animal. In this recent news story, however, it was not the dog who attacked—it was a person(s). A thief (or thieves) in Los Angeles shot a dog walker while he was walking three French bulldogs owned by Lady Gaga, and subsequently stole two of the three dogs. News of Gaga, her famous pooches, and the dog snatching incident made headlines, as well as Gaga’s offer of a $500,000 reward for information on the dogs, the eventual return of the two dogs, and the dog walker’s recovery from critical condition. 1

In March of this year, headlines from Washington, DC reported on a new resident at the White House—“Major” Biden, President Joe Biden’s three-year old German Shepherd—and incidents involving Major after he caused a minor injury to a Secret Service agent and nipped at a person while on a walk. The spokesman for the Bidens point to Major adjusting to his new environment and confirmed he will undergo additional training. 2

Headlines in national and local news covered an alleged dog attack in Middle Tennessee, which involved a German

Shepherd and her famous owners: reality television star Kristin Cavallari and former NFL quarterback Jay Cutler. News outlets reported that one of Cavallari’s and Cutler’s German Shepherds allegedly attacked and caused injury to a cable and satellite installer as he attempted to leave the property, along with mentioning the $500,000 ad damnum the plaintiff listed in his complaint and Cavallari’s Instagram photographs of the German Shepherds with the hashtags, #Beast, #TrainedKiller, and #DontMessWithThisCrew. 3 I mean, #woof.

Headlines reporting on alleged dog attacks remind us dog-owning Tennesseans that we have responsibilities as dog parents, even the famous ones. Following a brutal and horrifying dog attack that killed Dianna Acklen while walking near her home in 2006, the Tennessee Legislature took action and enacted the Dianna Acklen Act (the Act), which created a statutory cause of action against a dog owner when their dog attacks, injures, and/or causes death to a person. 4 The Act established that dog owners have a duty to keep their dog under reasonable control and to keep the dog

(continued on page 22)

Editorial | A Pop Star, a Politician, and a Reality TV Star

(continued from page 21)

from running at large. 5 If a dog owner breaches these duties, the owner is strictly liable for the person’s damages. 6

The Legislature carved out exceptions to this Act, including the residential exception. This exception applies if a person is injured by a dog on the dog owner’s property. 7 The injured person must show that the dog’s owner knew or should have known of the dog’s dangerous propensities. 8 Dangerous propensities can mean a dog’s mischievousness or playfulness in addition to a vicious temperament. 9 One can establish a dog’s dangerous propensities by showing that the owner previously knew of the dog’s prior harmful conduct to a person, among other ways.

It is also important to remember that dog bites are not the only way dogs cause injuries to a person. Though dogs may not actually bite, physical contact, such as jumping on and knocking down, can result in a person falling and sustaining inju -

ries. Conduct or behavior without any physical contact can also cause injury, such as a dog lunging or jumping at or chasing a person. If a person walking a dog is not controlling the leash or walking multiple dogs, the leash can tangle and trip others or even entangle another person with the leash. With the summer months in full swing and dog ownership on the rise, it is important to be a responsible dog owner and to keep your dog and others safe. n

Endnotes

Stolen and Dog Walker is Shot ,

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The New York Times (Feb. 25, 2021); see also Stephanie Dazio, Lady Gaga’s Dogs Recovered Safely After Theft, Shooting , AP (Feb. 26, 2021).

2 ‘Major’ Pain: Biden’s Dog Involved in 2nd Biting Incident , AP (Mar. 30, 2021); see also Jenna Ryu, Biden family dog Major to get offsite, private training after two biting incidents UsA TodAY (Apr. 12, 2021).

3 Lindsay Weinberg, Kristin Cavallari and Jay Cutler Sued for $500,000.00 Over Alleged Dog Bite Incident , E! (Apr. 14, 2021); Jessica Bennett, Exes Kristin Cavallari and Jay Cutler Sued By Cable Guy Over Alleged Dog Attack , P Age six (Apr. 17, 2021); Jay Cutler, Kristin Cavallari Ex Couple Sued . . . Your Dog Chomped My Thumb!!! , TMZ (Apr. 14, 2021); Julius Young, Kristin Cavallari, ex Jay Cutler Sued Over Alleged Dog Bite in Tennessee , F ox News (Apr. 14, 2021); Jay Cutler, Kristin Cavallari Sued Over Alleged Dog Bite, WGN9 (Apr. 14, 2021); Marshall Benson, Jay Cutler and Kristin Cavallari Sued $500,00 for Dog Bite , WSMV (Apr. 14, 2021).

4 S.B. 143, 105th Leg., 2007 Reg. Sess. (Tenn. 2007); see also Dianna Acklen Act of 2007, codified at TENN. CODE ANN. § 44-8-413. Section (c)(1) of the Act abrogates any common law claim, which falls within its parameters. See Searcy v. Axley, No. W2017–00374–COA–R3–CV, 2017 WL 4743111, at *6 (Tenn. Ct. App., at Jackson, Oct. 19, 2017).

5 TeNN. Code ANN . § 44-8-413(a)(1). Running at large is defined as allowing a dog to be on either public or private property without consent. This includes streets, highways, and roads. Id

6 Id . § 44-8-413 (a)(1).

7 Id . (c)(1).

8 Id. (c)(1). In Searcy v. Axley , the Court of Appeals discussed how the court had previously described this burden by requiring that “the dog owner knew of the dangerous disposition of the dog, but that the ‘injuries result[ed] from [such] known vicious tendencies or propensities.’” Searcy, at *6 (citing Mayes v. LaMonte , 122 S.W.3d 142, 145 (Tenn. Ct. App. 2003) (quoting McAbee v. Daniel , 445 S.W.2d 917, 925 (Tenn. Ct. App. 1968)). The court also cited Georgia law: “a dog owner’s liability must be predicated solely upon his knowledge that the errant animal has the propensity to cause the specific type of harm from which the cause of action arises.” Id. (citing to Wells v. Beach , 315 S.E.2d 23 (Ga. App. 1984)). The court concluded that the “‘[t]he question in each case is whether the notice was sufficient to put the owner on his guard and to require him, as an ordinarily prudent man, to anticipate the injury which has actually occurred.’” Id . (citing to 13 AM. JUr 2d Knowledge of Animal’s Vicious Propensities § 3).

9 Moore v. Gaut , No. E2015–00340–COA–R3–CV, 2015 WL 9584389 (Tenn. Ct. App., at Knoxville, Dec. 30, 2015).

CAROLINE SAPP is the Managing Attorney for The Barnes Firm’s Tennessee office and focuses her practice on helping individuals in catastrophic injury and wrongful death cases, insurance coverage disputes, and other civil litigation matters. She is a managing editor and co-chair of the Nashville Bar Journal Editorial Committee, a newsletter editor for the Lawyers’ Association for Women, Marion Griffin Chapter, and president of the Upper Cumberland Young Lawyers Association, a Tennessee Bar Association YLD affiliate. Caroline also has two sweet pups, Mowgli and BlueBelle, pictured above.

1 Johnny Diaz, Lady Gaga’s Dogs Are

Editorial | Marisa Garcia & Mariam Stockton

The Show Must Go On: COVID Liability Concerns as Concerts Resume

Reduced state restrictions and an increase in COVID-19 vaccinations spurred a sense of the return to normalcy. It is no surprise that any resemblance of “normalcy” in Music City includes live entertainment. As the musicians that make this city so great are eager to get back to work, they are now confronted with the question of how they can limit liability while welcoming large crowds1 to a much anticipated and long overdue show.

Prior to hitting the road, it is paramount to know the available defenses to a Covid-19 exposure claim. Tennessee provides civil immunity for COVID-19 exposure under the Tennessee Covid-19 Recovery Act2 (the Act). The Act does not apply to instances of gross negligence or willful misconduct, provided that the claimant has clear and convincing proof that the grossly negligent or willful misconduct proximately caused the loss.3 In addition to the protections afforded by the Act, we recommend adding a second layer of protection to ensure that a concertgoer expressly assumes the risk of Covid-19 exposure. This measure is important because primary express assumption of the risk4 is an affirmative defense that stands independent from the Act.

If neither the Act nor primary express assumption of the risk applied, then a claim would be assessed using Tennessee’s paradigm of comparative fault.5 Under this standard, a plaintiff can recover so long as he/she is less at fault that the defendant(s). Case law is unclear whether a plaintiff would be found less at fault for attending a large-crowd event compared to a defendant hosting said event. Thus, it is prudent to hope that the Act would be applicable but to plan as if it would not by including a valid exculpatory clause and waiver at the point of purchase, on the back of the ticket, and at the point of entry.

Booking the Gig

When planning a tour, or even a single show, it is important to examine the ever-changing local orders and regulations. Local protocols should be followed to avoid instances of gross negligence and/or willful misconduct. For example, Nashville6 requires submission of a site plan and safety protocol to obtain written approval before an event can occur.7 Capacity limits vary depending on the venue. Ticket sales may be limited to a total of 3,000, or to 33% capacity at Bridge(continued on page 24)

Editorial | The Show Must Go On

stone Arena, or at 40% capacity for outside venues.8 A court would likely find that refusal to adhere to a capacity limit or to other provisions of a local order obviates application of the Act.

Certain venues also require adherence to their reopening plans which may include thermal temperature measurements, mask mandates, limited concessions, sanitation requirements, and party size restrictions.9 A trending measure, keeping both safety and profit in mind, includes outdoor events featuring socially distanced pods.10

The next concern arises at the point of ticket sale. Since Tennessee recognizes exculpatory agreements,11 a strong exculpatory clause and/or waiver should be included in the ticket purchase. For online ticket sales, a pop-up window should be used to require the purchaser to affirmatively agree to the terms of the agreement by clicking “I agree.” The agreement should include express assumption of the risk language.12 The agreement should also include a hold harmless for all entities and groups involved— including the artist13 in an individual capacity. Some vendors even redirect the purchaser to the CDC guidelines to ensure the concertgoer is fully aware of current risks and suggested protective measures.

Similar language should be placed on the back of each tangible ticket or included in the virtually formatted ticket. This protects the artist and venue when someone other than the original purchaser attends the event, such as when tickets are purchased for a group or when tickets are purchased from a third party.

Covid-19 warning signs should also be posted at the venue—especial-

ly at points of entry—and again convey that the concertgoer assumes the risk of exposure by attending the event. While this does not require an express agreement from the concertgoer, it plays into the overall comparative fault analysis should a suit arise.

Hitting the Road

Of course, all the above concerns must be continually assessed once the tour extends past Tennessee. We have conducted a 50-state survey and have found that not all states provide for civil immunity. Of the states that do, the statutes require different protocol and/ or specific compliance measures for immunity to apply. Each state also has different requirements for exculpatory clauses and waivers, including specific language and/or font sizing, and public policy concerns. Each state has its own liability analysis scheme and recovery threshold. Local orders, restrictions, and venue plans certainly vary too.

Encore

Legally sound and safe live entertainment events can occur amidst a pandemic. But careful planning with an eye towards liability defense strategies

should be implemented to ensure that the show goes off without a hitch. n

Endnotes

1 This article addresses concerns with concertgoers and does not cover workers compensation issues or legal consideration for employees, contractors, or other workers.

2 TeNN. Code ANN. § 29-34-802.

3 TeNN. Code ANN. § 29-34-802(b).

4 See Smid v. St. Thomas Hosp., 883 S.W.2d 632 (Tenn. Ct. App. 1994).

5 See Perez v. McConkey, 872 S.W.2d 897, 905 (Tenn. 1994).

6 Davidson County has a private health department: Metropolitan Public Health Department. As of April 29, 2021, it is unclear whether Davidson County will rescind mask mandates and other restrictions based on Governor Lee’s request to do so by May 31, 2021. See Tenn. Exec. Order No. 80 (Apr. 27, 2021).

7 Metro. Pub. Health Dep’t. Order No. 14 Section 7 (Apr. 16, 2021).

8 Id

9 Nissan Safe Stadium Plan, The Tennessee Titans; Health and Safety Policies, Bridgestone Arena; We Set the Stage for Safety, Ryman Auditorium; Additional Safety Procedures, Marathon Music Works; Covid-19 Protocol, 3rd and Lindsley (all last visited Apr. 29, 2021).

10 The Caverns Above Ground Amphitheater, The Caverns (last visited Apr. 29, 2021).

11 Copeland v. Healthsouth/Methodist Rehab. Hosp., LP, 565 S.W.3d 260, 273 (Tenn. 2018).

12 Requiring a signature for purchase would bolster a defense. It is unlikely, however, that this is feasible. An affirmative click or checking the box should suffice where a signature cannot be implemented.

13 See generally, Strickland v. Stefani, 358 F. Supp. 3d 516 (W.D.N.C. 2018) (holding that Gwen Stefani could be held liable for negligence in an individual capacity for her role of encouraging people to rush the stage).

MARISA GARCIA is an associate at Neal & Harwell, whose practice focuses on civil litigation. She previously served in the US Air Force as a Security Forces Phoenix Raven.

MARIAM STOCKTON is a Member at Neal & Harwell. She is an experienced litigator and trial attorney who represents a diverse range of clients—from artists, labels, and entertainers to major corporations.

bar BITES | Callie

Hinson, Neal & Harwell

CHOCOLATE CHIP OATMEAL COOKIES

Kitchen Notes

Making my great-grandmother’s recipe for chocolate chip oatmeal cookies is a family favorite. My grandmother “Gran” taught me how to make her mother’s recipe when I was in high school. I have endless memories of my Gran making these cookies and bringing them on family trips, sending the cookies on golf trips for my dad, uncle, and their friends, and gifting the cookies to my employers throughout my early legal career. Of course, Gran made them for her friends and church family, too. My family lost Gran to cancer in 2016. Since then, I have spent more time cooking and using her recipes (including the chocolate chip oatmeal cookies) and sharing that food with those closest to me. I am not just happy, but I am also proud, to share this recipe with you. Most of my Gran’s recipes only list the ingredients and amounts; instructions were rarely given. Below are photos of Gran’s original, handwritten recipe card for chocolate chip oatmeal cookies:

Directions

1. Preheat the oven to 350°F.

Ingredients

1 Cup Crisco

1 Cup Brown Sugar

1 Cup White Sugar

2 Eggs

2 Tablespoon Water

1 teaspoon Vanilla Extract

2 1/3 Cup Flour

1 teaspoon Baking Soda

1 teaspoon Salt

2 ½ Cup Semi-Sweet Chocolate Chips

2 ½ Cup Pecan Pieces

2 ½ Cup Quick Oats

2. Cream together sugars and Crisco until smooth and soft.

3. Add eggs, water and vanilla. Mix.

4. Sift together flour, baking soda, and oats and add it to the mixture.

5. Add remaining ingredients—chocolate chips and pecan pieces. Mix.

6. Scoop the cookies with a Tablespoon and roll into a small ball. Place the balls onto a greased cookie sheet.

7. Bake for 8–10 minutes.

8. Once out of the oven, use a spatula to take the cookies off the tray immediately and put on a wire rack or wax paper to cool.

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Hearsay | Honors & Awards, On the Move, Firm

HONORS & AWARDS

Bradley announced that four attorneys in the firm’s Healthcare Practice Group have been appointed to leadership positions with the American Health Law Association (AHLA). Alé Dalton will serve a two-year term on the Young Professionals Council. Amy Leopard will serve a second term on the Board of Directors and Nominating Committee At-Large. Russell Morgan will continue to serve on the Dispute Resolution Service Council. Janus Pan was appointed vice chair of the Regulation, Accreditation, and Payment Practice Group.

Stites & Harbison attorney Gregory Smith was inducted as a Fellow of the American College of Trial Lawyers (ACTL) on March 5, at an online ceremony during the Spring Meeting of the College. ACTL is composed of preeminent members of the Trial Bar from the US and Canada.

Ortale Kelley is pleased to announce that despite a challenging year for law school graduates, associate Austin Warehime was sworn in before Judge

Kelvin Jones. Warehime graduated cum laude from Belmont Law in May 2020, where he was the Law Review Executive Transcripts and Submissions Editor. His Note was published and won the Jon E. Hastings Memorial Award.

ON THE MOVE

Frazer announced that John Michael “Mac” Allen has joined the firm. Mac received his undergraduate degree from Virginia Tech before graduating from The University of Mississippi School of Law.

Gage Smythe has joined Cornelius & Collins as an associate attorney with a concentration on construction and general civil litigation. Smythe was previously an associate with a firm in Birmingham, Alabama. He is a graduate of Samford University Cumberland School of Law, cum laude, where he served as the Executive Editor for the Cumberland Law Review and was an active member of Cumberland’s National Moot Court Team.

Blake Taylor has joined MTR Family Law as an associate attorney. Taylor is a 2020 graduate of Nashville School of Law and previously worked as a paralegal with the Office of the Tennessee

Attorney General assisting state agencies with collection-related matters.

FIRM NEWS

Baker Donelson has elected two new shareholders in the firm’s Nashville office. Evan Clark is a member of the Firm’s Financial Services Transactions practice group and the Long Term Care Transactions team. He is counsel to lenders and borrowers in US Department of Housing and Urban Development-insured long term care, seniors housing, and multifamily loans. Michaela Poizner is a member of the Firm’s Health Law Group and co-leader of the Behavioral Health Initiative, assists clients in buying and selling health care assets and guides them through matters ranging from privacy and security concerns and fraud and abuse analysis to development of policies and procedures and navigation of licensure and Medicare enrollment.

Carla Lovell , member at Sherrard Roe Voigt & Harbison , has been named to the firm’s Management Committee. Lovell has been with Sherrard Roe Voigt & Harbison since 1995, and has been a Member since 2005. Lovell advises individuals and families in tax and estate planning, charitable planning, and business succession. n

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Anderson & Reynolds

Baker Donelson

Blink Law

Bone McAllester Norton

Bradley

Branstetter, Stranch & Jennings

Brewer, Krause, Brooks & Chastain

Bulso

Butler Snow

Cole Law Group

Cornelius & Collins

Dickinson Wright

Dodson Parker Behm & Capparella

Equitable Trust Company

Evans, Jones & Reynolds

Fisher & Phillips

Frazer

Frost Brown Todd

Grissim & Hodges

GSRM Law

Hall Booth Smith

Healthcare Realty Trust, Inc.

Holton & Mayberry

Kay Griffin

Keller, Turner, Andrews & Ghanem

Kinnard, Clayton & Beveridge

Latitude

Law Offices of John Day

LBMC

Legal Aid Society

Leitner, Williams, Dooley & Napolitan

Lewis Thomason

Lieff, Cabraser, Heimann & Bernstein

Lindsey + Amonette + Nemer

Littler Mendelson

Martin Heller Potempa & Sheppard

Matt Hardin Law

McCarter & Beauchamp

McCracken-Kuhn

Meridian Law

Morgan & Akins

MTR Family Law

Nashville Electric Service

Neal & Harwell

Nelson, Mullins, Riley & Scarborough

North, Pursell & Ramos

Ogletree Deakins

Ortale Kelley Law Firm

Parker, Lawrence, Cantrell & Smith

Patterson Intellectual Property Law

Pepper Law

Rainey, Kizer, Reviere & Bell

Raybin & Weissman

Reno & Cavanaugh

Riley, Warnock & Jacobson

Robinson, Reagan & Young

Rogers, Shea & Spanos

Rudy Winstead Turner

Shackelford, Bowen, McKinley & Norton

Sherrard Roe Voigt & Harbison

Sims|Funk

Smith Cashion & Orr

Smythe Huff & Murphy

Spicer Rudstrom

Starnes Davis Florie

Stites & Harbison

Sutherland & Belk

Taylor, Pigue, Marchetti & Blair

Venick, Kuhn, Byassee, Austin & Rosen

Watkins & McNeilly

White & Reasor

Wiseman Ashworth Law Group

Wood Stabell Law Group

Wyatt, Tarrant & Combs

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