Nashville Bar Journal | October/November 2017 by Nashville Bar Association

JOURNAL Journal Journal

OCTOBER/NOVEMBER 2017 | VOLUME 17 | NO. 5

FEATURE

Nashville, The “It” City, Neighborhood By Neighborhood ALSO

Nashville’s Changing Legal Landscape Pedal Taverns: The Transporation We Love To Hate And More!

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $255 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking. Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*Terms and Conditions: Offer valid August 1, 2017 - April 30, 2018. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum

opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible. You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $255 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by April 30, 2018. FSR: Use promo code NBADUE. ©2017 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

JOURNAL 6 Journal Journal OCTOBER/NOVEMBER 2017 | VOLUME 17 | NO. 5

FE ATU R E

Nashville, The “It” City Thomas V. White

DE PA R TM E N TS

From the President

Nathan H. Ridley

Calendar of Events

Hear Ye, Hear Ye

100% Club Annual Meeting/Banquet Fall Memorial Service Habitat for Humanity Membership Dues NBA Happy Hour NBF Grant Swearing-In Ceremony

Marcia Trimble 37 John C. McLemore

Kimberly Faye

CO L UMNS

15 CLE Schedule 21 100% Club 28

Member Updates

Hearsay

Nashville’s Changing Legal Landscape 11 Lee T. Nutini

Taverns: 39 Pedal The Transportation You Love To Hate

Board Nominees

COVER PHOTO BY JILL PRESLEY | DOWNTOWN NASHVILLE | SUMMER 2017

Background Check 13 Bart Pickett Gadget of the Month 19 Bill Ramsey & Phillip Hampton Capitol Notes 41 Peggy Sue, the Beagle Hound The “It” Bar in the “It” City 45 Marnie Huff & Claudia Levy OCT/NOV 2017 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL JOURNAL FROM THE PRESIDENT Dazzling | Nathan H. Ridley Journal The Department of Justice Building in the District Journal of Columbia bears a dazzling quote from Plato: Justice

NATHAN H. RIDLEY, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

ramseywt@nealharwell.com

ELEANOR WETZEL, Managing Editor

eleanorwetzel@jis.nashville.org

EDITORIAL COMMITTEE NOEL BAGWELL CHANDLER FARMER KIMBERLY FAYE CAROLINE HUDSON TIM ISHII CALLIE JENNINGS TRACY KANE ROB MARTIN LEE NUTINI EVERETTE PARRISH BART PICKETT BILL RAMSEY MIKE SANDLER 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 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 over 2,700 members—is the largest metropolitan bar association in Tennessee.

in the life and conduct of the State is possible only as first it resides in the hearts and souls of the Citizens. Meanwhile, an August 2017 Annenberg Public Policy Center survey reflects that only 26% of the Americans surveyed could name all three branches of our government. Of the approximately 1400 people surveyed, merely 27% could name only a single branch of government, and 33% of Americans surveyed could not name any branch of government. Discouragingly, when the Center first started this exercise in 2011, 38% of those surveyed could name all three branches. The trend is not good. And yet, somehow, in the emergency room of the University of Utah Hospital, the burn unit nurse, Ms. Alex Wubbels, knew to invoke constitutional rights: she declined to draw the blood of an unconscious patient who had been involved in an accident. Ms. Wubbels ran through her protocol checklist that would do any criminal procedure law student proud and noted no warrant, no arrest, no consent, and unconscious patient— so no blood draw. Of course, Ms. Wubbel’s decision and her knowledge of the Fourth Amendment led to her being handcuffed and placed into the back seat of a patrol car. Cooler heads prevailed, however, and she was released from the cuffs and the car. She was never charged and will not have a record. The fallout from the release of the videotape of her encounter with the law enforcement officers has been significant. University of Utah Hospital officials have revised their policies, and they will no longer allow law enforcement officers inside the hospital’s patient care areas. Officers now will have to check in rather than enter through the emergency room. City officials have apologized for the actions of the officers. Investigations are ongoing—one officer has been terminated from his part-time position as a paramedic, and further job actions are possible. As counselors and advocates, we—when dealing with our clients, adversaries, public officials, and our public employees—have incredible opportunities to teach, to lead, and even to touch the hearts and souls of others. Somewhere, counsel for probably every hospital with an emergency room has waded through the dense prose of the cases addressing whether a blood draw constitutes a search under the Fourth Amendment. That exercise led to the hospital protocols that guided Ms. Wubbels in doing her daily job as an emergency room nurse. If the Annenberg Center survey numbers mean anything, our formal civics education is lacking. Informally, we note that civics requires a lifelong learning approach. The power of the rule of law and equal justice under the law, however, percolate through the life and conduct of the State every day. Lawyers lead that percolating power every day with our work. That leadership for all the Ms. Wubbels of the community does Plato proud. And that, in a word, is Dazzling.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

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

OCTOBER 2017 M O N D AY

T U E S D AY

W E D N E S D AY

Diversity & the Law: A Historical Perspective 11:30am | Bass Berry & Sims

T H U R S D AY

Membership Committee Mtg 12:00pm

F R I D AY

CLE Committee Mtg | 11:30am

NASHTECH 8:00am | Music City Center

NBA Board Mtg | 4:00pm

LAW Board Mtg | 11:30am

NBF Fellow Selection Committee Mtg 11:30am

NBF Leadership Forum Steering Committee Mtg | 4:00pm

NALS Mtg | 12:00pm

NBA/YLD Craft Brews for Costumes 5:30pm | House: A Social Eatery

11 Memorial Service Committee Mtg 12:00pm

Friday FUNdamentals Planning Mtg 4:00pm

12 Finance & Executive Committee Mtg 4:00pm

Ethics Committee Mtg | 12:00pm

#TitanUp

Historical Committee Mtg 11:30am | Hal Hardinâ&#x20AC;&#x2122;s Office

9 Concussion Litigation CLE + Titans Game! 4:00pm | NBA + Nissan Stadium

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

NBA Happy Hour 5:30pm | Plaza Mariachi

13 The Kentucky Bourbon Trail CLE 8:00am | Kentucky Bourbon Trail

NBF Trustees Mtg | 12:00pm Solo/Small Firm Committee Mixer 5:30pm | Fat Bottom Brewery

Committee Meetings are held at the NBA Offices unless otherwise noted. FOLLOW US:

Facebook.com/NashvilleBarAssociation LinkedIn.com/Company/Nashville-Bar-Association

NOVEMBER 2017 M O N D AY

T U E S D AY

@NashvilleBar

W E D N E S D AY

T H U R S D AY

Membership Committee Mtg 12:00pm

F R I D AY

Historical Committee FREE CLE 1:00pm | Nashville Public Library

1 NBA Board Mtg | 4:00pm

Historical Committee Mtg 11:30am | Nashville Bar Association* *Note location change!

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

6 NBF Leadership Forum Steering Committee Mtg | 4:00pm

7 LAW Board Mtg | 11:30am

YLD Board Mtg | 12:00pm Stites & Harbison

Diversity Committee Mtg | 12:00pm

NBF Trustees Mtg | 12:00pm

Fall Memorial Service 11:00am | Downtown Presbyterian Church

NBA Swearing-In Ceremony & Reception 3:00pm | A. A. Birch Building

2 CLE Committee Mtg | 11:30am

Editorial Committee Mtg 12:00pm | Neal & Harwell, PLC

Fin & Exec Comm Mtg | 4:00pm

Ethics Committee Mtg | 12:00pm Holiday | NBA Offices Closed

Friday FUNdamentals Planning Mtg 4:00pm

HAPPY THANKSGIVING!

Holiday | NBA Offices Closed

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL JOURNAL Journal Journal

2017 NBA BOARD OF DIRECTORS NATHAN H. RIDLEY, President

ERIN PALMER POLLY, President-Elect IRWIN J. KUHN, First Vice President

CLAUDIA LEVY, Second Vice President KYONZTE HUGHES-TOOMBS, Secretary STEPHEN G. YOUNG, Treasurer JEFF H. GIBSON, Assistant Treasurer JOYCELYN A. STEVENSON, Immediate Past President LAUREN PAXTON ROBERTS, YLD President LELA HOLLABAUGH, General Counsel ROBERT C. BIGELOW, First Vice President-Elect MARGARET M. HUFF, Second Vice President-Elect LAURA B. BAKER MARK S. BEVERIDGE

Hear Ye, Hear Ye |

Events of Interest

Is Your Firm All In?

Do you want to be all in? At the NBA, we make it easy with our 100% Club! The 100% Club is our special category of membership for law firms who have demonstrated an outstanding commitment to the legal profession and our community, and by their work done through NBA programs and services. If your firm has three or more attorneys based in the Nashville market, you can indicate your commitment by having 100% of your attorneys as members of the Nashville Bar Association. Plus, your firm gets one FREE Associate Membership as a thank you for being all in! If you have any questions regarding the 100% Club, please contact Vicki.Shoulders@nashvillebar.org or 615-242-9272. Thank you for your continued support and membership. n

ROBERT C. BIGELOW HON. JOE P. BINKLEY, JR. HON. SHEILA D. CALLOWAY JACQUELINE B. DIXON SAMUEL P. FUNK TRACY DRY KANE HON. WILLIAM C. KOCH, JR. RYAN D. LEVY WENDY LONGMIRE W. BRANTLEY PHILLIPS, JR. DAVID L. RAYBIN SARA F. REYNOLDS ERIC W. SMITH LAURA SMITH DARKENYA W. WALLER M. BERNADETTE WELCH STEPHEN J. ZRALEK

NBA STAFF MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator JAN MARGARET CRAIG, CLE Director TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director VICKI SHOULDERS, Membership Coordinator, Office Manager MARIEL ZELHART, CLE Coordinator

HAVE AN IDEA FOR AN ARTICLE? We want to hear about the topics and issues you think should be covered in the magazine. Send your ideas to Jill.Presley@nashvillebar.org.

Membership Dues Notice

The 2017 Membership dues year ends on October 31. You may renew your membership at NashvilleBar.org/Renew. Once logged in, simply click on the Renew button and follow the prompts. Be sure to complete your submission before October 31 so that you may participate in the NBA board elections in November. Review your information closely to ensure that your listing is correct, as this data will be imported into our database for use in the Attorney Directory and all other NBA communications. If you have any questions regarding your dues form or member benefits, please contact Vicki.Shoulders@nashvillebar.org, or call 615-242-9272. n

Nashville Bar Foundation Grant The Nashville Bar Foundation is now accepting grant applications. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. View grant eligibility and application guidelines at NashvilleBar.org/NBFGrantGuidelines. The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/NBFGrantApplication and are due no later than Friday, January 12, 2018. n

NASHVILLE BAR JOURNAL | OCT/NOV 2017

NBA Annual Meeting & Banquet NBA Happy Hour

Join us for our next happy hour on October 19 at 5:30pm at Nashville’s newest cultural experience, Plaza Mariachi. Sponsored by Herman Hicks at First Tennessee, this unique blend of culture, art, music (with possible salsa dancing at 7:00pm), entertainment, and food is something you won’t want to miss! RSVP now at NashvilleBar. org/HappyHour. n

Save the date! Please join us on December 7 for our Annual Meeting & Banquet. A reception for our members will begin at 5:30pm followed by dinner and the program at 7:00pm. Stay tuned to the Thursday NBA member eblasts for details! n

2016 Annual Banquet Highlights

Swearing-In Ceremony & Judges Reception WHEN | Tuesday, November 14, 2017

TIME | 3:30pm Swearing-In Ceremony | 4:30pm Judges Reception WHERE | AA Birch Building | Jury Assembly Room

Serve Our Community The Nashville Bar Association and the Nashville Bar Foundation are proud to partner with Habitat for Humanity of Greater Nashville this Fall in its second ever Habitat for Humanity build—the first build was 20 years ago. The family we will be helping, Ousmane Ndione and Khady Diop, is very excited about getting to build their house alongside our volunteers. We are in need of donations to cover one day of construction on their house and also volunteers—it’ll be up to us to provide the necessary people power to accomplish the build tasks on our day. For further details, visit NashvilleBar.org/HabitatForHumanity or call Lynne Ingram at 615-401-6601. Thank you in advance for your support! n

If you are a new lawyer being sworn-in and would like to participate in the NBA Swearing-In Ceremony, contact Traci.Hollandsworth@nashvillebar.org. For NBA members who would like to meet Nashville’s newest attorneys and attend the Judges Reception following the ceremony, register at NashvilleBar.org/JudgesReception. n

Fall Memorial Service

The Nashville Bar Association’s Fall memorial service will be held on Thursday, November 16, at the Downtown Presbyterian Church. The service begins at 11:00am with a lunch from Martin’s BBQ immediately following downstairs in the Fellowship Hall. There is an elevator on the left-hand side, when facing the church. A project of the NBA’s Historical Committee, the memorial service honors the memory of those Nashville lawyers and judges who passed away during the preceding six-month period. Stay tuned to upcoming NBA Weekly Update emails for the list of those who will be honored. n OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Feature Story | Thomas V. White

NASHVILLE BAR JOURNAL | OCT/NOV 2017

Nashville, the “It” City, Neighborhood by Neighborhood There were many reasons that the New York Times declared Nashville the “It” City back in January 2013. Our music and burgeoning food scene are obvious, but one of the most important features must have been the city’s sense of neighborhood and community. This Article will discuss several land use planning techniques in the context of several of those interesting neighborhoods. Perhaps one of our most well-known neighborhoods is the Green Hills area, which encompasses several different communities. Let’s begin with one of the most controversial developments in the last few years: the mixed-use complex at 4000 Hillsboro Pike known as Vertis Green Hills. This project had the appropriate zoning but required site plan approval. Site plan approval is similar to a subdivision except instead of reviewing a group of smaller lots, one larger lot is considered—especially ingress, egress, and the overall relationship of the property to the area in which it is located. Obviously, if there are special requirements set up by the zoning regulations, those also must be met. The main consideration, however, is not the use of the land, which has already been set by the zoning regulations themselves, but rather whether the layout, including access, works from a planning perspective. In this case, the applicant met all the requirements. The planning commission approved the prior administrative authorization of its executive director. These cases are hard to successfully challenge. If the administrative staff or commission has approved, generally speaking the applicant has met the requirements. Often times, the real concern is what the zoning ordinance allows to be done on the property, not whether the site plan restrictions have been met. On appeal in this case, both the

chancery court here in Nashville and the Tennessee Court of Appeals concluded that site plan approval was properly given. Fairly dense multifamily construction, although sometimes unpopular, is needed in growing this “It” City. Variances are an important aspect of the powers of any board of zoning appeals. In Tennessee, variances must be based on some exceptional physical feature of the property. Tenn. Code Ann. § 13-7-207(3). A rare case granting a variance, by way of illustration, was recently considered in Bordeaux. The difficulty was that the property, zoned single-family residential, was much shallower than the surrounding lots. The Metro zoning regulations require a context-based setback, 68 feet in depth at this location, and a rear setback of 20 feet. Since the lot was only 100 feet deep, a house of only 12 feet in depth was all that could be constructed under the zoning regulations. Because of the exceptional shallowness of the lot, the zoning board granted a variance allowing more space for the construction of the home. Sometimes, in any city, and even in an “It” City, special help is necessary in order to reasonably utilize a parcel of property, especially for a use that everyone else enjoys in the same community. Another zoning issue that comes up with some degree of regularity is the intersection of land use planning with religious establishments. Tenn. Code Ann. § 4-1-407, the Tennessee Religious Freedom Restoration Act, shifts the burden to the local government to demonstrate that a zoning or other regulation meets a compelling interest if it inhibits or curtails religious practice. Recently in Inglewood, the Glenn Cliff Methodist Church requested permission to place 21 “tiny homes” on its property as part of its religious calling to provide care and support for the less fortunate in our community. Part of being an “It” City has to in(continuedononpage page00) 8) (continued

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Feature Story | clude taking care of those less fortunate. While sometimes not very popular (this issue is in litigation), the Tennessee Act is a powerful restriction on governmental regulation. A new enactment by the Tennessee General Assembly is an item that everyone involved in land use should have on their radar. Historically, both here in Tennessee and across the country, in order to vest rights to continue a development, even where a building permit has been issued or other plans approved, the owner or developer of the property must also have engaged in substantial construction on the site. Howe Realty v. City of Nashville, 141 S.W.2d 904 (Tenn. 1940). Unless the property owner had completed substantial construction, there was no right to continue the project in the face of a new zoning regulation changing the rules in the middle of the game. Recently, however, significant changes have been taking place. A number of states have shifted that position based on the idea their permitting a change in the rules by the local government after the issuance

Nashville, the “It” City... (continued from page 7)

of a building permit is arbitrary and unfair. Forcing the property owner to take a chance on whether there has been substantial construction is likewise inherently at odds with due diligence performed by the property owner before the rules change. Tennessee joined this growing number in 2014. The Tennessee Vested Property Rights Act of 2014—the municipal version that applies here is codified at Tenn. Code Ann. § 13-4-310—significantly alters the manner in which vested rights are applied and enforced here in Tennessee. The new statute vests the rights in the property owner to continue with the project upon the issuance of a building permit or the approval of development plans even where the local zoning regulations are changed after approval of the permit or plan. Tenn. Code Ann. § 13-4-310(b). The statute does not require substantial construction or actual operation. In the preamble to this new enactment the legislature commented, “It was necessary and desirable to provide for

JOURNEY -TO- CUBA A Cross-Cultural Educational Exchange March 2-6, 2018

the establishment of certain vested property rights in order to assure reasonable certainty and fairness in the land development process, secure the reasonable expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning and development.” Preamble to Chapter 686 of the Public Acts of 2014. Furthermore, the General Assembly found that the act would strike an appropriate balance between private expectations and the public interest while protecting the public health, safety, and welfare. Id. Because under the common law doctrine, the property owner could never be certain when substantial construction was reached, whether rights had vested was always open to question, interpretation, and litigation. The new act removes that ambiguity. There is no longer any reason to guess when substantial construction has taken place. There is now a bright line: development rights are vested and protected either when the development plan is approved or when the building permit is issued. As Nashville continues as a vibrant and desirable “It” City—adding approximately 100 new residents a day—we all need to be aware of how critical land use issues are to this city and its citizens. n THOMAS V. WHITE is one of the founders of Tune, Entrekin & White, P.C. and a graduate of Vanderbilt Law School. He is a past president of the Nashville Bar Association (1996) and is considered by many as one of their preeminent land use attorneys in Nashville. He frequently handles litigation matters and appears before Metro agencies involving land use issues.and will

Organized by Cuba Cultural Travel

CST 2060914-40

NASHVILLE BAR JOURNAL | OCT/NOV 2017

be speaking on land use at a CLE on December 19.

We have expanded our civil rights and public interest practice into the South with the opening of our Nashville office.

David Sanford Chairman

Jeremy Heisler

New York Managing Partner

Kevin Sharp

Nashville Managing Partner

Sanford Heisler Sharp represents attorneys and executives nationwide in gender and race discrimination matters. We represent employees in wage and hour cases, relators in qui tam actions, and victims of a broad range of financial abuse. New York

Washington, DC

San Francisco

sanfordheisler.com

San Diego

Nashville

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.

AUG/SEP GOLDEN OLDIES

For the second time in a row, no one was able to correctly identify the individuals in the August/September issue photo. Pictured (left to right) are Jane Ann Woods, Gail Reese, Julie Jones, and Leigh Walton.

Diversity Committee Intern Program | Class of 2017 Congratulations to the students that completed the NBA Diversity Committee’s High School Summer Intern Program. This program would not be possible without the employers and sponsors who participated. Thank you to everyone for another successful year!

NASHVILLE BAR JOURNAL | OCT/NOV 2017

Editorial |

Lee T. Nutini

Nashville’s Changing Legal Landscape At times, Nashville seems as if it must wave its arms and shout at the top of its lungs to receive the national attention it deserves. Who knows why. Forbes recently reported that Nashville was ranked second in America for job growth.1 GoBankingRates recently published data showing that Nashville is experiencing the single greatest cost-of-living increase in America. You’ve already heard how many people move to Nashville every day. But pick any, say, Wall Street Journal article speaking to the “hot,” on-the-rise cities and it consistently fails to account for Music City. Nashville’s name is not among the oft-cited and equally hip Austin, Denver, Charlotte, and Portland (and sometimes, even Cleveland and Louisville are on this list). Each of these cities is well into its own boom and must decide what sort of economy it will engender going forward. I am sure Mayor Megan Barry has her ideas, but so should Nashville’s lawyers. Lawyers leading national or regional firms have been slowly expanding through strategic additions to its satellite offices by adding Nashville locations. Lawyers who are already at home in Nashville face the difficult decision of expanding, merging, niching, or ceding ground to incoming

lawyers. Thus, the question for you should not be, “How many people move to Nashville every day?” – No, you should be asking yourself a more important question: “How many lawyers move to Nashville every day?” The Beginning When did Nashville’s legal market begin to heat up? When did national or regional firms begin to notice that Nashville could play a central role in their dominance of the Southeast region? The legal landscape appears to be changing in a trickle, which should surprise no one reading this article—the legal profession traditionally and gladly lags behind cultural metamorphosis. Was it the beginning of the hot market when Bradley Arant joined forces with Boult Cummings in 2009? Was it when Pillsbury Winthrop Shaw Pittman LLP moved its non-lawyers, and then some lawyers, to Nashville in 2012? Was it just the other day when Frost Brown Todd decided to start accepting bitcoin from its clients?2 When tracking the major moves to, and within, Nashville, it appears 2015 brought the largest changes in the local legal (continued on page 12)

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Editorial |

Nashville’s Changing Legal Landscape (continued from page 11)

market, which corresponded with what was likely a period of relative climax within Nashville’s boom. Will we see another flurry of firm-driven activity before the economic boom plateaus? The New Guys Again, most of us remember when Pillsbury, to the surprise of many, opened its Nashville office in 2012. Perhaps their data on labor costs, and their growth strategy, was driven by data shared by other regional and national power-players. By early 2015, the Nashville Business Journal declared it “open season” on Nashville’s established lawyers, with several firms making moves to establish themselves in what was becoming (and remains) a booming economy.3 Recall the 2015 jockeying for pole position between Butler Snow, Burr & Forman, Waller, and Stites and Harbison?4 It seems every player—old and new—wants to be among the five largest firms in Music City; the top 5, for now, are Butler Snow, Baker Donelson, Bradley, Waller, and Bass Berry & Sims (note that it apparently helps to have a “B” in your name). Each of these firms dominates with a full-service, defense-oriented attitude. The newest market players, however, are not necessarily large, and they come from both the litigation (plaintiff and defense) and transactional bars. Most notably, Polsinelli PC opened its Nashville doors in 2015, and has not stopped growing.5 Leavens, Strand, and Glover, a Chicago-based entertainment law firm, opened in 2015.6 McAngus, Goudelock, and Courie, a regional insurance defense firm, also arrived in 2015.7 Greenspoon Marder made its way into Nashville in 2016.8 Alexander Shunnarah (Alexander & Associates LLP), a South12

east-centered, billboard-driven personal injury firm, opened a new litigation satellite office in Nashville in early 2017.9 In April 2017, Sanford, Heisler, Sharp LLP expanded from coastal megacities to found its Nashville office, attracting the talents of former federal judge Kevin H. Sharp.10 As word of Nashville’s rise continues to spread, we can expect other satellite offices to crop up. Where Are The White-Shoes? What Nashville still lacks, however, are satellites of the large, national “whiteshoe” power players (Pillsbury aside). Where are the Cravaths, the Skaddens, or the Kirklands? Could Nashville’s market support such an expansion? (I invite data on that point.) It could be that Nashville fails to be sufficiently geographically and economically diverse from established nearby cities like Atlanta, Cincinnati, Memphis, and Birmingham. Or perhaps local power firms refuse to cede any clients to newcomers. Anecdotally, at least, it appears Nashville’s niches (health care, entertainment, etc.) are covered by firms large and small, and that the full-service needs of regional businesses are adequately addressed by firms with long-lasting presence in the city. In short, it’s hard to know where a white-shoe firm would fit in terms of both culture and finances. My bet is Tennessee’s unique labor market tells the story: local businesses, familiar with Tennessee labor, expect the price points that only Nashville-based firms can offer. Economically, the two speak the same language. National white-shoe firms would have to reexamine their fees and compensation structures to make a dent in the local business climate.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

(continued on page 38)

LAWYER REFERRAL & INFORMATION SERVICE

Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area? If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle tenant matters, such as: Landlord’s Upkeep of Property Unjust Evictions Return of Security Deposits Unjust Charges Against the Tenant For information on joining the NBA LRIS, contact Wendy.Cozby@ nashvillebar.org or visit NashvilleBar. org/LRISAttorneyRegistration. We look forward to hearing from you!

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

BACKGROUND CHECK

Jon Cooper | Bart Pickett

Mayor Megan Barry hand-selected Jon Cooper to serve as the head of Metro’s Department of Law in October 2015. The unassuming son of a Baptist preacher moved to Nashville during middle school when his father became the pastor of Bellevue Baptist Church of Nashville. Cooper attended Hume-Fogg for high school. He credits the magnet school with teaching him how to write and think. Perhaps fittingly, Nashville’s head lawyer also possesses an impressive musical talent. Cooper’s emphasis is on stringed instruments, particularly the viola and violin. While in high school, he played in Hume-Fogg’s orchestra and in a contemporary acoustic ensemble. Upon graduation, he headed to Murfreesboro on a music scholarship to Middle Tennessee State University (MTSU). Cooper ultimately graduated with a music degree and a teaching endorsement. During his last two years of college and another year post-bachelor’s degree, Cooper toured the country with a couple of different contemporary Christian rock artists, including one tour with the Grammy-award winning Rebecca St. James. In between touring gigs, he worked at the Violin Shop in Nashville.

Putting his teaching certificate to use, Cooper started teaching at the Nashville School of Arts in 1998. He spent two years there as the orchestra director and a teacher of sophomore honors English. While at MTSU, and following some persuasion from his best friend, Cooper joined the debate team his senior year. Cooper ended up thoroughly enjoying the experience, which first led to him considering a legal career. With the moment seeming right, Cooper decided to give the law a shot. He enrolled at Nashville School of Law (NSL) in 2000, and took a job as a law clerk working for now-judge Melissa Blackburn. At NSL, Cooper had the good fortune of being taught by Don Jones who worked as Metro Council’s special counsel at that time. When a position for assistant director of Metro Council Office opened up, Cooper applied and ultimately took the opportunity, which shaped the entire trajectory of his legal career to date. After graduating from NSL in 2004, Cooper continued to work for Metro Council. In 2008, when Don Jones retired, the Council appointed Cooper to be their head counsel. It was during this period that Cooper first got to work with then-councilwoman-at-large Megan Barry. The two worked together on council issues for eight years until Barry won the mayoral election in the fall of 2015. Following her election, Mayor Barry reached out to Cooper to ask him to join her as the head of Metro Legal. Cooper admits he had his doubts about taking on such a role. After all, he had developed a somewhat niche expertise at the council and felt pretty comfortable about

his position there. He knew by accepting the mayor’s offer he would be looking at a four-year, or hopefully eight-year, gig. Cooper decided to take a chance and heed the mayor’s call for higher service. The past two years have been challenging yet rewarding for him. He cites the biggest difference in his new role from his past as the variety of work that arises in Metro Legal. While Cooper’s work at the council primarily consisted of drafting and reviewing legislation, and advising the council, he now oversees a staff of 31 other attorneys divided into two divisions—client advice and litigation—that handle all of the legal work for the Metropolitan Government. When he’s not busy leading the “It” City through all sorts of legal issues, Cooper enjoys spending time with his family. He is married to his high school sweetheart, Jill, who is a high-risk OB nurse. They have two daughters (ages 16 and 12). The family resides in Hermitage. Cooper also enjoys reading; playing the guitar, violin, and viola; and listening to vinyl records. Like a good preacher’s son, he can often be found taking an active role at Immanuel Baptist Church. 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 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.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

NBA Career Center Employers • Post jobs quickly and easily • Limit applicants to only qualified

Job Seekers • Search and apply to hundreds of current jobs on the spot • Post multiple resumes and cover letters

professionals • Search resumes

• Personalize job alerts

• Manage jobs and application activity

• Get expert advice

NashvilleBar.org/CareerCenter

ROCK THE VOTE

2018 Board Nominees | Ballots Coming in November! Hon. Bill Young graduated from Vanderbilt University in 1978 and Vanderbilt Law School in 1981. He served as law clerk for Bankruptcy Court Judge George Paine from 1981 to 1984. Thereafter, he was in private practice from 1985 to 1986. Bill worked with the Tax Division of the Tennessee Attorney General’s Office from 1986 to 1995 and was selected Deputy Commissioner of the Tennessee Department of Commerce and Insurance in charge of TennCare oversight from 1995 to 1998. From there, he held positions with Tennessee’s hospital associations and Vanderbilt University from 1998 to 2002. In 2002, Bill became General Counsel and Chief Compliance Officer for Blue Cross Blue Shield of Tennessee. He returned to the Attorney General’s Office as Solicitor General in 2011 and became Director of the Administrative Office of Courts in 2013, before rejoining the Attorney General’s Office in 2014. He was appointed as Chancellor effective September 1, 2016. Bill is currently an adjunct professor at Belmont Law School, and he serves on the Board of Directors of Park Center. He is married to Jane Young, General Counsel for the Tennessee Department of Health. They have one daughter, Beth, who is a certified public accountant with Ernst and Young. n Brigid Carpenter is the managing shareholder of the Nashville office of Baker Donelson, where she has practiced civil litigation for 21 years. She graduated summa cum laude from the University of Tennessee and received her law degree from the University of Virginia School of Law. Since 2012, Brigid has served as a hearing committee member for the Tennessee Board of Professional Responsibility, and recently completed a term as a Master of the Bench of the Harry Phillips American Inn of Court. She is a member of the Board of Trust of Saint Bernard Academy. Areas of interest include training young lawyers in the era of the vanishing trial, increasing interaction between public service and private practice lawyers, and promoting the reputation of lawyers among the Nashville community. Particular areas of interest include improving the representation of women and minorities in leadership positions within the legal profession, attorney well-being, and equal justice matters. n

Sal Hernandez is a member of Riley Warnock & Jacobson, PLC, where he has practiced commercial litigation since 2000. He received his undergraduate degree from Princeton University in 1996 and J.D. from Vanderbilt in 1999. He clerked for the Honorable Gilbert S. Merritt on the U.S. Court of Appeals for the Sixth Circuit following law school. Sal is a Fellow of the Nashville Bar Foundation, and for 2016-17, he serves as co-chair of the NBA’s Federal Courts committee, which is aimed at encouraging interaction among lawyers and the federal judiciary and presenting timely topics to its members. Since 2011, Sal has served on the Nashville Metropolitan Transportation Licensing Commission that has been tasked with overseeing changes in the passenger transportation industry with the rise of Uber, Lyft, low speed vehicles, and pedal carriages. Presently, he serves as Commission Chairperson. Sal has periodically volunteered as a pro bono attorney for TN Justice for Our Neighbors to assist immigrants with applications to the government’s Deferred Action for Childhood Arrivals (DACA) program. For several years, he has served on the Princeton Prize in Race Relations planning and selection committee, which recognizes local high school students who make demonstrable efforts to improve racial harmony. n Hon. Ellen Hobbs Lyle serves as the Chancellor for Part III Chancery Court of Davidson County, where she has worked for 20 years. In 2015, she began serving as the judge for the pilot project for the Tennessee Supreme Court’s first Business Court Docket. Prior to her work as a chancellor, she was a partner and associate at the Nashville firm of Trabue, Sturdivant and DeWitt, and an associate in Houston, Texas, with Fulbright and Jaworski. Chancellor Lyle attended the Harpeth Hall School in Nashville and the University of Tennessee at Knoxville from 1975-78, where she graduated Phi Beta Kappa with a B.A. degree in English, and then with her J.D. 1978-1981. Over the years, Chancellor Lyle has served as president of the NBA Young Lawyers Division; on the Board of the Marion Griffin Lawyers Association for Women, and the Tennessee Bar Journal; and as a liaison to the Tennessee Supreme Court Rules Advisory Commission. She is married to Walter Kurtz, former Circuit and Senior Judge. Areas of Bar interest include the sustainability of trial practice, and maintain(continued on next page)

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

ROCK THE VOTE

2018 Board Nominees ing the good rapport among attorneys that is a hallmark of the Nashville legal community. n Lynne T. Ingram has been an Assistant U.S. Attorney for 10 years and has worked in the U.S. Attorney’s Office for the Middle District of Tennessee for the last 8 years. She received her undergraduate degree from the University of South Carolina in 2000 and her J.D. from Western Michigan University Cooley Law School in 2003. Lynne was selected to serve as a mentor for the NBA Leadership Forum Class of 2017-18, is chair of the NBA Community Relations Committee, and active on the NBA Social Committee. She was named Nashville Business Journal’s 40 Under 40, and was recognized by her peers as Nashville Business Journal’s Best of the Bar, both in 2017. Lynne serves on the Executive Board of the Lawyers’ Association for Women as Second-Year Director, and became a Tennessee CLE Certified Mentor in 2014. She is a graduate of the TBA Leadership Law (TBALL) Program, and was awarded the Larry Dean Wilks Leadership Award by her TBALL classmates. Lynne is an adjunct professor at Vanderbilt Law School in trial advocacy. Particular areas of interest include improving the perception of lawyers, mentoring new lawyers, and promoting health and wellness for lawyers. n Lauren Paxton Roberts is a Member of Stites & Harbison, PLLC, having joined the firm in 2006. She received her undergraduate degree from Washington & Lee University in 2002 and her J.D. from Washington & Lee University School of Law in 2005. She is the immediate past president of the Nashville Bar Association Young Lawyers Division and has been active in the YLD since 2007, serving as the Mock Trial Chair, Membership Chair, and Secretary. She is a mom of two young daughters and married to a fellow lawyer. She is the current chair of her Firm’s women’s initiative (SWIFT) and is active in pro bono efforts, having previously served as the Pro Bono Project Coordinator at her Firm and as a board member of the Nashville Pro Bono Program. She is a member of the Nashville Chapter of the Washington & Lee University Alumni Association and a former member of the Junior League of Nashville. Lauren’s particular areas of interest are encouraging membership among young attorneys and new attorneys to the Nashville area, and ethics and collegiality among members of the Bar. n

Stan Graham joined Waller in 1998 in its Labor and Employment Group. He has been active in the bar for over 20 years, including as chair of the TBA Employment Law Section, chair of the NBA and TBA High School Mock Trial Competitions, and on the Boards of the NBA YLD and TBA YLD. He is a Fellow of the Nashville Bar Foundation, and was named 2017 Nashville Lawyer of the Year by Best Lawyers in the field of Labor Law-Management. Stan and his wife, Sally, have two sons and are active members of St. George’s Church. Stan is a long-time middle school youth leader, and has served on the Vestry and Kindergarten Board. He is currently on the Board of Traveller’s Rest and formerly served on the Executive Committee of the W.O. Smith Nashville Community Music School. Stan worked his way through college, graduating with a B.S.B.A. in Finance from the University of Florida in 1991, and from the Cumberland School of Law at Samford University in 1996. Special areas of interest include maintaining collegiality in the bar, making legal careers accessible to all regardless of economic background, and helping lawyers in crisis. n Kyonzté Hughes-Toombs serves as Deputy General Counsel with the Tennessee Department of Health. She obtained both her undergraduate and law degree from Vanderbilt University in 2001 and 2004, respectively, and has significant experience volunteering with various bar associations. She currently serves as secretary on the NBA’s Board of Directors, and has served as the co-chair of the NBA’s Health Law Committee for two years prior to serving as co-chair of the State Attorney’s Committee. Kyonzté is a Fellow of the Nashville Bar Foundation, a member of the Lawyers’ Association for Women, Marion Griffin Chapter (LAW) where she serves on the board as a Newsletter Editor, and as LAW’s representative to the Board of the Tennessee Lawyers’ Association for Women (TLAW). In addition to serving as the LAW representative, Kyonzté co-chaired TLAW’s 2017 Women’s Empowerment Conference. She is the immediate past president of the Napier-Looby Bar Association, a member of the 2017 Class of the Tennessee Bar Association’s Leadership Law (TBALL) Program, as well as the 2015 Class of Nashville Emerging Leaders and Class 50 of the Nashville Young Leaders Council. Particular areas of interest include finding ways to increase and promote diversity within the Nashville (continued on next page)

NASHVILLE BAR JOURNAL | OCT/NOV 2017

ROCK THE VOTE

2018 Board Nominees legal community, fostering greater collaboration between the NBA and other bar associations, increasing access to legal services within underserved communities, and equipping new lawyers with the tools and mentorship needed for career success. n Stephen Young practices law at Robinson, Reagan & Young. He received his undergraduate degree from UTK and his J.D. from the University of Memphis. His practice emphasis is on state-level criminal defense along with a general civil practice. Stephen has been a member of the Nashville Bar Association since 1994, has served as Assistant Treasurer, and is currently Treasurer. He is a member of the Criminal Law and Criminal Justice Committee of which he served as co-chair in 2013, and is a participant in the Pro Bono Program. He has coached a high school mock trial team, is a Nashville Bar Foundation Fellow, and served as a Leadership Forum mentor in 2014. Stephen is past president of both the Tennessee Association of Criminal Defense Lawyers and Mental Health America, and is currently chairman of the board of the Joe C. Davis YMCA. He is a graduate of Leadership Nashville, as well as a retired youth baseball, basketball, and soccer coach. Stephen and his wife, Mandy Haynes Young, have three children. Particular areas of interest are security passes for attorneys entering court buildings, strengthening the image of attorneys in the community, and growing the mentoring program. n Daniel P. Berexa has practiced law for 25 years with Cornelius & Collins, LLP, where he served as the firm’s Managing Partner and now serves on the Executive Committee. The focus of his practice is litigation and alternative dispute resolution. He is a Rule 31 Listed General Civil Mediator and trial practice instructor at the Nashville School of Law, a Fellow of the Nashville Bar Foundation, and co-chair of the NBF’s Leadership Forum, a leadership and mentorship program for young lawyers. Daniel is a Pro Bono volunteer and CLE presenter. He served on the Board of Governors of the TBA—the board’s executive committee—as Programs chair, chair of the TBA Law Office Technology and Management Section and is a graduate of the Tennessee Bar Association Leadership Law program. Daniel graduated from the University of Tennessee College of Law and the University of Florida. In 1991, he served in the Middle East in the Persian

Gulf War. His wife, Kristin, is a lawyer and they have three children. Particular areas of interest include mentorship and leadership development opportunities for young lawyers, the impact of technology and innovation on the profession, and enhancing lawyers’ well-being and sense of community. n J. Bart Pickett works as field counsel for Liberty Mutual Insurance Company in the Law Office of Julie Peak. He graduated from The University of the South (Sewanee) in 2004 and The University of Tennessee College of Law in 2007. Following law school, Bart clerked for Judge Thomas W. Brothers and Judge Joe P. Binkley, Jr. He currently serves as the co-chair for the NBA Chancery/Circuit Committee where he helped institute a quarterly Collegiality Coffee. Additionally, he serves on the Nashville Bar Journal Editorial Committee, and writes a recurring column for the Journal, entitled “Background Check”. In 2013, he received the NBJ’s Contributor of the Year award. Bart is a Fellow of the Nashville Bar Foundation and was in the inaugural NBF Leadership Forum class. He previously served as the co-chair of the Lawyers for Littles fundraiser which raised over $25,000 for Big Brothers/Big Sisters of Middle Tennessee. Bart lives in the Sylvan Park neighborhood where he is active in the neighborhood association. Bart wants to serve on the NBA Board to continue developing enticing benefits for members, provide outreach to non-traditional practice lawyers, and to continue to foster the collegiality that makes Nashville a unique and great place to practice. n Jennifer S. Rusie is a shareholder at Ogletree Deakins, where she practices labor and employment law. She graduated from Vanderbilt University, magna cum laude, in 1999, with a degree in American Studies. Rusie graduated from New York University School of Law in 2003. She is the co-chair of the Labor and Employment Committee of the Nashville Bar Association, and is a member of the Tennessee Bar Association and the Lawyers Association for Women. Rusie is a member of Second Presbyterian Church, the 12 South Neighborhood Association, and the Ensworth Parents Association. She is interested in encouraging collegiality amongst the members of the bar, providing pro bono and other volunteer opportunities to attorneys and establishing a relationship with the Innocence Network for attorneys in Nashville. n (continued on next page)

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

ROCK THE VOTE

2018 Board Nominees Michael Abelow is a partner with Sherrard Roe Voigt & Harbison. He graduated from James Madison University in 1996, and from Washington and Lee University School of Law in 2000. After graduation, he was a law clerk for the Honorable E. A. Van Graafeiland of the United States Court of Appeals for the Second Circuit. Mike is co-chair of the Federal Courts Committee and vice-chair of the Sister Cities Committee of the Nashville Bar Association. He currently serves as a board member of the Mid-South Commercial Law Institute, as a member of the Executive Committee of the Bankruptcy Section of the Tennessee Bar Association, and recently completed his tenure as chair of the Tennessee Justice Center’s Board. In 2015, he served as large firm co-chair of the Legal Aid Society’s 2015 campaign, and in 2009 he received the Tennessee Bar Association’s Harris Gilbert pro bono volunteer of the year award. Mike has been heavily involved with a hidden gem of the Nashville Bar, its Sister Cities exchange with Caen, France, and wants to get the word out and expand access to that program, as well as investigate other sister cities relationships. Having practiced law in D.C. prior to coming to Nashville, Mike also wants to serve on the Bar Board in order to

help maintain and strengthen the civility and relationships that are a hallmark of practicing law in Nashville. n James Crumlin practices with Bone McAllester Norton, PLLC. He dedicates his professional career to serving his clients and his community, and concentrates his practice in the areas of labor and employment law, small business law, corporate business litigation, and entertainment law. As a community advocate, he dedicates his time to leadership roles for several of Nashville’s civic and charitable causes. James is a native of Louisville, Kentucky, and moved to Nashville to attend Vanderbilt University receiving his B.A. in 1994 and his law degree in 1997. From 1997-1998, he served as a judicial clerk to United States Chief District Judge William J. Haynes, Jr. Prior to joining Bone McAllester Norton in 2002, James served as a senior attorney in the litigation section at the law firm of King & Ballow. In his spare time, James is a triathlete and runner and has competed in Ironman triathlons and marathons for a career total of 744.3 miles. He is also a passionate advocate for the arts, loves to travel, and actively supports the election of progressive candidates to public office. n

Be sure to vote in the upcoming 2018 NBA Board Election! Renew your membership no later than October 31 for eligibility. 18

NASHVILLE BAR JOURNAL | OCT/NOV 2017

BILL & PHIL’S GADGET OF THE MONTH

Amazon Echo Show | Bill Ramsey & Phillip Hampton

A couple of years ago, when we first purchased the Amazon Echo, we predicted that Amazon had a hit with this new voice-activated digital assistant/ smart speaker. We were not wrong. In the past two years not only has Amazon sold millions of Echos, but they have expanded the Echo device franchise to include the Echo Dot, Amazon Tap, Echo Look, and now, the Echo Show. If you guessed that we had purchased all of these, you would be correct. Our latest purchase was the Echo Show, which offers the biggest upgrade to date to the Echo device lineup. The distinguishing feature of the Echo Show is its 7-inch LCD touchscreen. All the previous Echo devices are simply speakers of different sizes and shapes that only take input via voice commands or a linked smartphone app. Of course, the Echo Show is still always listening for voice commands just like the other Echo devices, and it features a very good speaker that can fill a room with music or other audio content. But the touchscreen interface on the Echo Show is what intrigued us and seduced us into forking over $230 for yet another Echo device. When we took the device out of the box, the first thing we noticed is that the Echo Show is not cylindrical like the

other Echo devices. It is square and sits nicely on your desktop or countertop with the 7-inch touchscreen atop the speaker base. So why would we want a touchscreen on our smart speaker? For starters, the touchscreen makes the device setup much easier and user-friendly. We were able to configure our new Echo Show very easily using the touchscreen controls. Another benefit of the Echo Show video screen is the ability to conduct video calls with other Echo Show owners (since the Echo Show also has a built-in camera). Think of this as Amazon’s answer to Apple iPhone’s popular FaceTime app. As we tested, we found that it is quite easy to “call” another Echo user (whether or not they have the Echo Show device or some other Echo device). If the other user has Echo Show or has the Alexa app on their smartphone, you can video chat handsfree. If the user you are calling has the screenless Amazon Echo, you can make a voice call. We really like this private phone network capability of the Echo ecosystem. If you have family or business associates that you regularly communicate with and they have an Echo in their home or office, it is very easy to simply initiate a chat with them by simply issuing a voice command to Echo. The quality of both the audio and video is pretty good. Other uses for Echo Show’s screen are nice, but not necessarily overwhelming. You can play YouTube videos, view Amazon Video content, see weather forecasts, stream music lyrics to your favorite songs, etc. This content can be viewed by simply issuing a voice command (if you can remember what to say). We had to keep our voice command cheat sheet near our Echo Show

so we could remember the various commands available. As with the other Echo devices, we expect that third-party products will begin to create integrations (or skills) that take advantage of the Show’s video screen. For example, while we do not have this integration, we understand that there are home security systems that integrate with Echo Show to allow you to view your home security cams remotely via the Show. At the time of our testing, however, there were no dramatic video integrations that we observed outside the video chat capability. While we are generally thrilled with our newest gadget, we tend to only use the Echo Show for the same functions that we use our less expensive Amazon Echo, Tap, and Dot devices. We’re not sure why, but we have found it difficult to find anyone who wants to video chat with us. But, alas, that is not an Amazon problem. Just us. So, until we get some video chat partners or we see some really cool video integrations from third party vendors, we’ll just continue to use our Echo Show as a pretty expensive smart speaker that obeys our every command. n See you online next month. — Bill and Phil

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Proud Member Benefit Provider

Pay Invoice PCI Compliant Invoice Payment Cook Brooks Johnson PLLC Cook Brooks Johnson 123 Main St. City, State 23451 Phone: (123) 345-4751 Email: payments@cbj.com Web: www.cbjlawfirm.com

Payment Detail Amount to Pay*

Amount to Pay Invoice Number

Invoice Number Matter Number

Matter Number

Cardholder Information Name

Name Month

Pay Invoice Year

THE EXPERTS IN LEGAL PAYMENTS The proven payment solution for lawyers. Managing payments and growing revenue for over 35,000 law firms in the US, LawPay is the only payment solution offered as a member benefit through the ABA. Developed specifically for law firms, LawPay guarantees complete separation of earned and unearned fees, giving you the confidence and peace of mind that your credit card transactions are handled the right way.

Trust Account Compliant

TRUST

LawPay.com/NashvilleBar | 866.376.0950 LawPay is a registered ISO of Merrick Bank, South Jordan UT.

OPERATING

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. THURSDAY, OCTOBER 12 | LIVE SEMINAR

MONDAY, OCTOBER 16 | LIVE SEMINAR

ESTATE PLANNING & PROBATE PRACTICE INSTITUTE

COLTS VS. TITANS

Concussion Litigation CLE & Football Game

OVERVIEW

This CLE includes a networking lunch and features a unique spin on the three branches of government. A full agenda is available at NashvilleBar.org/EstatePlanningProbateCLE.

Titan up! Join us for a CLE followed by the Colts vs. Titans football game! This seminar will be a discussion and overview of the NFL Concussion Litigation, from the history leading to the case, its settlement, the issues resulting from the settlement, and its significant impact on the sports world. Tailgate beverages will be provided at the NBA following the seminar at 5:00pm.

PRESENTERS Hon. Elaine B. Beeler, Clerk & Master, Chancery Court David J. Callahan, III, Goodman Callahan Blackstone, PLLC Joshua Denton, Gullett Sanford Robinson & Martin, PLLC

The material for this seminar has been adapted from a 2017 Harry Phillips Inn of Court presentation.

Hon. Toby Gilley, General Sessions Court

PRESENTERS

Paul Gontarek, Howard Mobley Hayes & Gontarek

Cynthia Chappell, The Law Offices of Cynthia C. Chappell Scott Pilkinton, Special Master, 7th Circuit Court

Elizabeth Hickman, Goodman Callahan Blackstone, PLLC Hon. Randy Kennedy, Circuit Court Hon. Michael Meise, Probate & Juvenile Court

DETAILS

Jeff Mobley, Howard Mobley Hayes & Gontarek

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:30 – 4:00pm

Hon. Louis Oliver, Chancery Court

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:00 – 5:00pm

Brittany A. Schaffer, Loeb & Loeb, LLP

Colts vs. Titans Football Game. . . . . . . . . . . . . 7:30 – 11:00pm

Blaine Smith, Bass, Berry & Sims, PLC

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

DETAILS Registration & Complimentary Lunch . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 4:20pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 Football Ticket*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $38 For registration after October 12, add a $10 late fee. *You have the option to register for the CLE alone or you may register for the CLE along with a 300s (upper) level ticket to the Colts vs. Titans game that follows the CLE. CLE purchase required to purchase a football ticket in the NBA group seats.

For registration after October 10, add a $10 late fee.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

THURS DAY, O CTOBER 1 9 | LIVE SEMI N A R

FR I D AY, O C TO B E R 20 | LI V E S E MIN A R

FAMILY LAW INSTITUTE OVERVIEW

THE KENTUCKY BOURBON TRAIL CLE

The Annual Family Law Institute is back with special new features:

OVERVIEW

• Chief Justice Bivins, Judge Robinson, and Judge Smith • The most recent case law will be provided • How to support your client’s mental health • Networking Lunch! This year’s CLE institute includes the following sessions: Dealing with Mental Health Presentations as a Family Law Attorney, Perspectives from the Bench, and Case Law Update. Enjoy a complimentary networking lunch from 11:30am-12:00pm. PRESENTERS Hon. Jeffrey S. Bivins, Chief Justice Tennessee Supreme Court Brenton Lankford, Stites & Harbison, PLLC Hon. Phillip Robinson, Circuit Court, 20th Judicial District, Div. III Hon. Philip Smith, Circuit Court, 20th Judicial District, Div. IV Tracy Steyer, Marriage and Family Therapist, LMFT D E TA I L S

Journey with the NBA to the historic Kentucky Bourbon Trail. Our itinerary includes bus transportation to and from Kentucky, visits to three distilleries, 2.5 hours of CLE credit, and lunch. CLE topics include a shot of whiskey history and the law: Kentucky vs. Tennessee; a discussion of entertaining alcoholic beverage intellectual property disputes and some considerations when protecting your client’s intellectual property rights; the booming whiskey marketplace and ever-evolving legal landscape; and the Retirement Plan Continuum from IRA’s to Defined Benefit Plans. Visit NashvilleBar.org/BourbonTrailCLE for quick registration and further details. Seats are limited—reserve your spot today! PRESENTERS Bryan Bell, FTB Advisors Curtis R. Harrington, Farmer Purcell White & Lassiter, PLLC Matt Knight, FTB Advisors Ryan Levy, Patterson Intellectual Property Law

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am

D E TA I L S

Seminar & Complimentary Lunch. . . . . . . . . 9:00am – 1:30pm

Registration (Meet the Bus in Nashville). . . . . . 7:00 – 7:30am

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General

Seminar and Distillery Tours. . . . . . . . . . . . . 7:30am – 8:00pm

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

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 General

COST

Location. . . . . . . . . . . . . . . . . . . . . The Kentucky Bourbon Trail

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195

COST

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $249

For registration after October 17, add a $10 late fee.

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $349 For registration after October 13, add a $25 late fee.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

MONDAY, OCTOBER 2 3 | LIVE SE M I N A R

M ON D AY, OC TOB E R 23 | LI V E SEM IN A R

VOLUNTEER TO REPRESENT A STUDENT IN A TRUANCY PROCEEDING

ELECTION LAW

The C.A.R.E. Program OVERVIEW

Chronic absences, truancy, poverty, and criminal behavior often go hand in hand. Connecting Attendance to Results in Education (The C.A.R.E. Program) is a community-based truancy intervention program created by Metro Nashville Public Schools, Metro Student Attendance Center, and Advocates for Women’s and Kids’ Equality. This program trains attorneys about our state’s truancy laws, the truancy adjudication process, the structure of The C.A.R.E. Program, and the boundaries of the attorney-client (student) relationship. Volunteer attorneys must attend an initial training in order to represent a student. The training will provide a light breakfast as well as 1.5 FREE CLE credits. Following the training, attorneys will serve as pro bono legal counsel and positive role models for the duration of Juvenile Court Supervision related to the child’s truancy. PRESENTERS Hon. Sheila Calloway, Judge, Juvenile Court Sara Beth Myers, Attorney and President, AWAKE Hon. Jennifer Wade, Magistrate Judge Director, Metro Student Attendance Center D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 – 8:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 9:30am

The Current State of Play OVERVIEW Join us for a lively discussion on current election law issues, including the constitutional status of redistricting and reapportionment, racial and political gerrymandering, maintenance of current, correct voter rolls, ballot access issues such as voter ID, and campaign finance practices like disclosure and the effects of Citizens United.

PRESENTERS Junaid Odubeko, Bradley John Ryder, Harris Shelton Hanover Walsh, PLLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 2:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 0.5 Dual | 1.0 General

COST

Location. . . . . . . . . . . . . . . . . . . Waller, 511 Union St, Ste 2700

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95

COST

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE

For registration after October 19, add a $10 late fee.

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

T UE S DAY, OC TOBER 2 4 | LIVE SEMIN A R

M O N D AY, O C TO B E R 30 | LI V E S E MIN A R

THE ROLE OF PROTEST & THE LAW

FIGHTING TO STAY IN THE USA

Criminal Law Committee Meeting OVERVIEW

From Charlottesville, VA to Berkeley, CA, and everywhere in between—including Nashville—people are exercising their First Amendment rights in dramatic and sometimes controversial fashions that have garnered national headlines and violent counteraction. Allegations of police brutality are juxtaposed with anecdotes of law enforcement handing out coffee to demonstrators.

One Immigrant’s Struggle Before the U.S. Supreme Court to Stay in the United States OVERVIEW Join us for a one-hour CLE on ethics, immigration law, and criminal defense as Patrick McNally tells of his client, Jae Lee’s story leading to a victory before the U.S. Supreme Court. The case centers on ineffective assistance of counsel and includes lessons on appellate procedure, immigration, and criminal defense.

What role do protesters and law enforcement play during these demonstrations? What do lawyers and judges need to know when interacting with these cases? A panel of Nashville lawyers and activists will discuss these issues as part of an NBA Criminal Law & Criminal Justice Commitee meeting. All are welcome. If you are not seeking CLE credit, you may attend this meeting for FREE. O R G A N I Z AT I O N S R E P R E S E N T E D ACLU, Black Lives Matter, Gideon’s Army, National Lawyer’s Guild, Neon Guard, No Exception, Standing Up for Racial Justice, Worker’s Dignity D E TA I L S

PRESENTER Patrick McNally, Weatherly, McNally & Dixon, PLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5:30 – 6:00pm

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

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6:00 – 8:00pm

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

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General Location. . . . . . . . . . . . . . . . Belmont University College of Law . . . . . . . . . . . . . . . . . . . . . . . Randall and Sadie Baskin Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1901 15th Ave S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nashville, TN 37212 COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189

NASHVILLE BAR JOURNAL | OCT/NOV 2017

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after October 26, add a $10 late fee.

T HURS DAY, NOVEMBER 2 | LIVE S E M I N A R F RE E WITH YOUR NBA MEMBER S H I P !

MARCIA TRIMBLE OVERVIEW It was a chilly February afternoon in 1975 when 9-year-old Marcia Trimble disappeared and Nashville lost its innocence. Thirty-four years would pass before the Girl Scout’s murderer would be convicted. The investigation of the death of Marcia Trimble and the trial of her assailant will be the topic of this year’s NBA Historical Committee’s FREE 3-hour CLE seminar on November 2 in the auditorium of the Downtown Public Library. PLANNING COMMITTEE Ben H. Cantrell, Retired

M ON D AY, N O V E M B E R 6 | LI V E SEM IN A R

AFFIRMATIVE DEFENSES TO OBJECTIONS TO PROOFS OF CLAIM FOLLOWING THE SUPREME COURT’S OPINION Midland Funding, LLC v. Johnson OVERVIEW Join your colleagues for a panel discussion regarding affirmative defenses to objections to proofs of claim following the Supreme Court’s opinion in Midland Funding, LLC v. Johnson. Panelists Alex Koval, Nancy King, and Tracy Schweitzer will outline the decision and its impact on the proof of claim process from the perspective of different bankruptcy stakeholders including debtors, creditors, and trustees.

Bill Cohen, Retired Assistant U.S. Attorney Jan Margaret Craig, Nashville Bar Association Frank Grace, Jr., Retired from Waller Torry Johnson, District Attorney (former) Doug Jones, Schulman, Leroy & Bennett, PC Edward D. Lanquist, Jr. Patterson Intellectual Property Law, PC Monica Mackie, Nashville Bar Association

PRESENTERS

John C. McLemore, John C. McLemore, PLLC

Nancy King, Career Law Clerk to U.S. Bankruptcy Judge Randal Mashburn Alex Koval, Rothschild & Ausbrooks, PLLC Tracy Schweitzer, Chapter 13 Trustee’s Office

Emily Shouse, Patterson Intellectual Property Law, PC Tom Thurman, Deputy District Attorney Ed Yarbrough, Bone McAllester Norton, PLLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 General Location. . . . . . . . . . . . Nashville Public Library, 615 Church St COST = FREE! Reserve your seat today at NashvilleBar.org/MarciaTrimble or by mailing the registration form on page 36 to the NBA Office.

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after November 2, add a $10 late fee.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

W E DNE S DAY, N OVEMBER 8 | LIVE SEMI N A R

FR I D AY, N O V E M B E R 10 | LI V E S EM IN A R

RUSH TO JUSTICE

BUSINESS LAW INSTITUTE

Historical Committee Meeting OVERVIEW Learn about the controversial life of former Hamilton County Criminal Court Judge Raulston Schoolfield and his impeachment trial by the Tennessee General Assembly in May-July, 1958.

OVERVIEW At the Business Law Institute, enjoy a networking lunch with colleagues and earn 4 hours of CLE credit. This year’s program features a session on cryptocurrency, a presentation on raising capital for small companies, a case law and corproate statutes update, and a discussion on streamlining the mergers and acquisitions due diligence process. Reserve your spot today! PRESENTERS

The presenter, Jerry Summers, is the author of Rush to Justice? Tennessee’s Forgotten Trial of the Century, a book which provides valuable insight into the life and trial of Judge Raulston Schoolfield. Summers’ ethics review of issues facing attorneys and judges during that era found at least 62 issues that might apply in the legal system today. This seminar will cover those ethical issues involved in Schoolfield’s controversial behavior. This CLE takes place at a NBA Historical Committee meeting. All our welcome to attend for free. Those members who want CLE credit may receive it for $35. PRESENTER Jerry H. Summers, Summers, Rufolo & Rodgers, PC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

NASHVILLE BAR JOURNAL | OCT/NOV 2017

Alexander Davie, Riggs Davie, PLC Whitney Haley, McKenzie Laird, PLLC Nathan Harris, Frost Brown Todd Ben Katz, Frost Brown Todd Robert Laird, McKenzie Laird, PLLC Robert Perry, Clearbrook Holdings Corp. Josh Rosenblatt, Frost Brown Todd Gray Sasser, Frost Brown Todd D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 8:30am Seminar and Complimentary Lunch . . . . . . . 8:30am – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389 For registration after November 8, add a $10 late fee.

MONDAY, NOVEMBER 1 3 | LIVE SE M I N A R

WE D N E S D AY, N OV E M B E R 15 | LIVE SEM IN A R

ETHICAL & EFFECTIVE MARKETING THROUGH YOUR LAW FIRM WEBSITE

SOLO & SMALL FIRM INSTITUTE

OVERVIEW Legal practitioners are not always aware of their names popping up on search engines listing them as an “expert” in a field of law. The rules are very clear on how you can be listed as an expert, but what if you don’t know you’re being listed? What if your website doesn’t even say you’re an expert? How is that word even showing up on search engines? There is a lot behind the scenes that tread on violation of 7.1. You’ll learn about that, as well as some great marketing tips for using video and blogging to boost your business.

OVERVIEW This institute features sessions that will appeal to those with a solo or small firm practice. Topics include bookkeeping and accounting, equity splitting, unconvential marketing techniques, and ethical issues that attorneys face as their solo or small practice grows. Registrants will gain access to a trade show and networking lunch preceding the seminar.

Our experienced presenters will provide you with the tools and strategies you need to avoid ethical issues that can be created through your website. Stay up-to-date on the ethical rules—like 5.3—that govern marketing through your website, how digital marketing works, ways to assess the content on your website, and how the two-year rule—7.2(b)—can be met through skillful use of analytics.

“The more money you make, the more problems you get.” In the practice of law this can be taken very literally, so we will discuss how to manage ethical issues as your practice grows. Presenters will address issues such as taking on new types of matters, managing more clients, and adding new attorneys and/or staff to your firm and making sure nothing falls through the cracks. Learn the ethical issues surrounding trust accounting as you make more and more money.

PRESENTERS

Sandra Garrett, Board of Professional Responsibility Jane C. Harrison, JD, Kinnard, Clayton & Beveridge

A list of presenters and agenda is available online at NashvilleBar.org/SoloAndSmallFirmInstitute.

D E TA I L S

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 3:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189 For registration after November 9, add a $10 late fee.

Registration, Complimentary Lunch, Trade Show . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11:30am – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:50pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual | 2.5 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after November 13 add a $10 late fee.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

F RI DAY, NOVEMBER 1 7 | LIVE SEMIN A R

TU E S D AY, N O V E M B E R 21 | LI V E S EMIN A R

ANNUAL ETHICS, LIES & VIDEOTAPE, PART XV

CLE REPLAY

OVERVIEW Don’t miss the NBA’s most popular ethics and professionalism program! Past seminar participants have rated this seminar a “10”. Join your colleagues in viewing scenes from movies to explore, analyze, and compare “reel” life with common ethical issues and the Rules of Professional Conduct. How many gavels will the movie receive? How many ethical violations can Hollywood exploit? How much popcorn can you eat?

Earn Up to 7 Hours of Dual Credit in One Day! OVERVIEW & PRESENTERS Earn up to 7 hours of ethics CLE credit in one day. At this CLE Replay, we will broastcast CLE programs all day at the NBA. Come for as long or as little as you need! Highlights include: • Each CLE hour is dual credit • Live CLE credits • No late fee • Pay as you watch • Wi-Fi available • Online materials • Coffee and snacks provided AGENDA 9:00-10:00am | Attorneys’ Ethical Use of Social Media 10:00-11:00am | The Cure for Procrastination 11:15am-12:15pm | Why Lawyers Are Smart Enough to Make Themselves Sick

PRESENTERS

12:15-1:15pm | Dealing with the Media in High Profile Cases

Donald Capparella Dodson Parker Behm and Capparella, PC

1:30-2:30pm | Client Confidentiality in the Digital World

Hon. Barbara D. Holmes, Magistrate Judge U.S. District Court for the Middle District of Tennessee

2:30-3:30pm | Ethical Issues in Probate Practice Billing

Edward D. Lanquist, Jr. Patterson Intellectual Property Law, PC

3:45-4:45pm | Engagement Letters

D E TA I L S

Details available online at NashvilleBar.org/CLEReplay.

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm

Seminars will be held all day from 9:00am – 4:45pm.

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after November 15, add a $10 late fee. 28

NASHVILLE BAR JOURNAL | OCT/NOV 2017

D E TA I L S

Register at any time and pay as you go. COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . $45/CLE Hour Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $89/CLE Hour

T UE S DAY, NOVEMBER 2 8 | LIVE S E M I N A R

WE D N E S D AY, N OV E M B E R 29 | LIVE SEM IN A R

CREATING A WORKPLACE VIOLENCE PLAN FOR COMPANIES & LAW FIRMS

WHAT HAPPENED TO RES IPSA LOQUITUR & OTHER LAW SCHOOL ACQUAINTANCES?

OVERVIEW Unfortunately, every day it seems like there is another shooting at a work site. Most companies, however, do not have a workplace violence plan. Our presenter, Susan K. Bradley, is a certified workplace violence instructor. Participants will learn basic information about setting up a plan including a threat management team and a crisis response team. As lawyers, we often forget to protect ourselves from legal issues. Although we might advise a company we represent to the legal ramifications of workplace violence, most law firms do not have a plan. PRESENTER Susan K. Bradley, MTSU

Featuring Chancellor Russell T. Perkins OVERVIEW Join Chancellor Russell T. Perkins for an engaging presentation on selected legal concepts—both substantive and procedural—that we learned in law school. Find out what has happened to these theories and rules over the years in Tennessee. From res ipsa loquitur to other concepts from diverse practice areas, this walk down memory lane to law school (and back to present day) will be appropriate for new lawyers and seasoned practitioners alike. PRESENTER Hon. Russell T. Perkins, Chancellor, Davidson County D E TA I L S

D E TA I L S

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

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

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

Location. . . . . . . . . . . . . Davidson County Chancery Court, IV . . . . . . . . . . . . . . . . .Historic Metro Courthouse, 4th Fl, Ste 411

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after November 22, add a $10 late fee.

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after November 27, add a $10 late fee.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

T H URS DAY, NOVEMBER 3 0 | LIVE SEM I N A R

FR I D AY, D E C E M B E R 1 | LI V E S E M IN A R

ADVANCED FEDERAL COURT PRACTICE INSTITUTE

ANNUAL ENTERTAINMENT, SPORTS & MEDIA LAW INSTITUTE

Secrets You Should Know OVERVIEW

Gain insider tips for practicing in the U.S. District Court for the Middle District of Tennessee. Advanced Federal Court Practice—presented by the NBA Federal Court Committee—will present information directly relevant to federal practice in this district, covering the new Defend Trade Secrets Act, timely topics and practice tips from our Magistrate Judges, and an ethics component focusing on Tennessee’s 2017 adoption of the ABA Model Rule changes focused on updating certain aspects of the rules to address technology and the role it plays in modern law practice. This CLE will be followed by a complimentary networking lunch. PRESENTERS Brian S. Faughnan, Lewis Thomason Hon. Chip Frensley, Magistrate Judge Middle District of Tennessee Lauren Handel, Handel Food Law, LLC Hon. Alistair Newbern, Magistrate Judge Middle District of Tennessee

OVERVIEW This annual institute is produced by the NBA Entertainment, Sports, and Media Law Committee. Register now and join your colleagues for an information-packed end-of-the year entertainment, sports, and media law seminar. This seminar features an ethics presentation on free and responsible press, a live performance panel, extended music law and sports law panel discussions, and a presentation by Professor Stan Soocher on the year’s most important and interesting entertainment law litigation. If you practice entertainment, sports, or media law, you don’t want to miss this opportunity to learn about and network in your field. Attorneys from other areas of law are also welcome. Lunch and a happy hour reception* are included with registration. PRESENTERS For a list of presenters and the full agenda, visit NashvilleBar.org/EntertainmentSportsMedia. D E TA I L S

M O D E R AT O R S & I N T R O D U C T I O N

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am

Mike Abelow, Sherrard Roe Voigt Harbison

Seminar & Lunch*. . . . . . . . . . . . . . . . . . . . . 9:00am – 4:20pm

Salvador M. Hernandez, Riley Warnock & Jacobson, PLC Michael O’Neill, Sims | Funk D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 8:30am Seminar & Complimentary Lunch. . . . . . . . 8:30am – 12:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual | 2.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Happy Hour*. . . . . . . . . . . . . . . . . . . . . . . . . . . 4:20 – 5:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual & 5.0 Generall Location. . . . . . . . . . . CMA Conference Room, 35 Music Sq E COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $275 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $549 For registration after November 29, add a $10 late fee.

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after November 28, add a $10 late fee. 30

NASHVILLE BAR JOURNAL | OCT/NOV 2017

*Lunch and happy hour sponsored by First Tennessee Bank.

MONDAY, DECEMBER 4 | LIVE SE M I N A R

TU E S D AY, D E C E M B E R 5 | LI V E SEMIN A R

REPLAY: THE WATERGATE CLE

CRAVING CREDITS

Featuring John W. Dean & James D. Robenalt

OVERVIEW & PRESENTERS

(RECORDED; LIVE CREDIT OFFERED)

Are you craving credits? Earn up to 6 hours of CLE credit in one day!

OVERVIEW

9:00-10:00am | From the Bench: Status of Workers’ Compensation Case Law After Three And One-Half Years Hon. Kenneth Switzer, Chief Judge Court of Workers’ Compensation Claims

Were you interested in seeing The Watergate CLE, but missed John Dean’s and Jim Robenalt’s visit to Nashville earlier this year?

10:15-11:15am | Shifting Tides for Immigration Law & Policy Raquel L. Bellamy, Bone McAllester Norton, PLLC Vanessa Saenz, Saenz & Maniatis, PLLC 11:30am-12:30pm | Transparency in Government: Tennessee Public Records Act and Open Meetings Act Lee Pope, Open Records Counsel TN Comptroller of the Treasury Rachel Buckley, Assistant Open Records Counsel TN Comptroller of the Treasury This is your chance—we are broadcasting The Watergate CLE recording at the NBA Office for LIVE credit. Seats are limited, so reserve your spot today! PRESENTERS John W. Dean James D. Robenalt D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after November 30, add a $10 late fee.

1:30-2:30pm | Ethical Issues for the Mediator & the Mediated (1.0 Dual & 1.0 CME) Gail Vaughn Ashworth, Wiseman Ashworth Law Group, PLC John R. Tarpley, Lewis Thomason 2:45-3:45pm | Conflicts & Recent Discipline Eileen Burkhalter Smith, Disciplinary Counsel Board of Professional Responsibility of the Supreme Court of TN 4:00-5:00pm | Ethics, Social Media & YOU Sean J. Martin, Martin Heller Potempa & Sheppard D E TA I L S For full agendas, visit NashvilleBar.org/CravingCredits. Registration starts 30 minutes before each seminar begins. Seminars will be held all day from 9:00am – 5:00pm. Morning seminars each offer 1.0 General CLE. Afternoon seminars each offer 1.0 Dual CLE. COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . $45/CLE Hour Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $89/CLE Hour For registration after December 1, add a $10 late fee per CLE.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

F RI DAY, DE CEMBER 8 | LIVE SEMIN A R

M ON D AY, D E C E M B E R 11 | LI V E S EM IN A R

MUCH ADO ABOUT ETHICS

VIEWS FROM THE BENCH

OVERVIEW Come see the Ethics CLE 400 years in the making. Professional actors from the internationally celebrated Nashville Shakespeare Festival present the Bard’s scenes illustrating ethical dilemmas just like the ones faced by lawyers today, and our panel of speakers address the cutting edge ethical issues you need for your practice.

Professionalism & Social Media OVERVIEW

This program will include suggestions on how to use social media while maintaining a professional persona that will appeal to potential future clients and while following all ethical rules. Justice Page and Judge Gibson will provide examples of how social media use can go awry, and they will provide tips for how to prevent social media mishaps. PRESENTERS Hon. Roger A. Page, Tennessee Supreme Court Hon. Brandon O. Gibson, Tennessee Court of Appeals D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual

PRESENTERS Hon. Cornelia A. Clark, Justice TN Supreme Court Caroline Tippens, Assistant General Counsel TN Department of Health Donald Capparella Dodson Parker Behm and Capparella, PC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . Nashville Public Library, Main Library Auditorium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615 Church St COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $119 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Register at DodsonParker.com/Shakespeare.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

T UE S DAY, DECEMBER 1 2 | LIVE S E M I N A R

TH U R S D AY, D E C E M B E R 14 | LI VE SEM IN A R

MINDFULNESS & MEDITATION

DOING GOOD

Essential Practices for Greater Focus, Clarity & Decision-Making

The Importance of Providing Pro Bono Work within the Community

OVERVIEW

This 3-hour interactive workshop is designed to demystify the power of mindfulness and meditation through scientific findings, practical approaches, and experiential exercises. Participants will learn how these practices enable them to more readily destress, minimize distractions, and better manage relationships.

Do you want to give back to your community using your legal experience, but you just haven’t found the time or the right organization with which to volunteer?

This seminar includes a group meditation experience and strategies for applying mindfulness and meditation practices to mitigate the negative impacts of chronic stress. Jennell Evans, MA, CMMI, a leadership and organizational development consultant with Strategic Interactions, Inc., and a Certified Mindfulness & Meditation Instructor, will facilitate this workshop. PRESENTER Jennell Evans, MA, CMMI Co-Founder, Strategic Interactions, Inc. & Practice Leader Leadership Minds & Matters D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 8:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 11:45am Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139

Join us for a networking dinner and CLE where representatives from local organizations will provide information on how you can get involved and provide pro bono services to nonprofit organizations that need your help, even if you have limited time. There will also be a short discussion of many rules that are impacted by pro bono services. Prior to and following the seminar, attorneys will have the opportunity to network with individuals from the nonprofit organizations and other attorneys while enjoying food and wine provided by Doing Good.* PRESENTERS For a list of presenters and organizations involved, visit NashvilleBar.org/DoingGood. D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4:30 – 5:00pm Dinner, CLE, and Networking . . . . . . . . . . . . . . 5:00 – 7:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60* Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $104* For registration after December 12, add a $10 late fee. *$15 of the registration fee is a donation to Doing Good, a 501(c)(3) nonprofit organization with a goal to increase the number of volunteers and the number of hours per volunteer in the Middle Tennessee area.

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 8, add a $10 late fee.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

P LI LIVE WEBCASTS Li ve CL E Credit f r om Innov a t iv e We bc ast s

N B A O N LI N E S E M I N A R S P ersonal i z ed Learni ng on Your S c h e d u le

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. Securities Law and Practice: How the SEC Works October 27, 8:00 – 11:30am 1.0 Dual | 2.0 General Complimentary breakfast included.

Developments in Pharmaceutical & Biotech Patent Law November 1, 8:00am – 4:00pm 1.0 Dual | 5.0 General Complimentary breakfast included.

Understanding the Intellectual Property License November 6-7, 8:00am – 3:45pm 1.0 Dual | 11.0 General

Complimentary breakfast included.

Financial Services Industry Regulatory Compliance & Ethics Form November 8, 8:00am – 4:15pm 2.0 Dual | 4.5 General Complimentary breakfast included.

Pocket MBA: Finance for Lawyers and Other Professionals November 20-21, 8:00am – 4:00pm 1.0 Dual | 11.75 General Complimentary breakfast included.

Banking Law Institute December 1, 8:00am – 4:45pm

3.0 General

The trip will take place March 2-6, 2018, with the opportunity to extend on either the front or back end. Deposits are due no later than November 6, and full payment is due by December 8.

6.0 General

All questions and requests should be made via email to our tour organizers, Daniel@CubaCulturalTravel.com or Laura@CubaCulturalTravel.com.

Complimentary breakfast included.

The NBA is returning to Havana, and we want you to journey with us! The trip offers approximately 6 hours of CLE credit and includes your stay at the five-star Hotel Parque Central, ground transportation, private tour escort, daily breakfast in Cuba, entrance fees to museums, and more! Visit NashvilleBar.org/Cuba to download the brochure and registration form!

Complimentary breakfast included.

New Developments in Securitization December 13, 8:00am – 4:00pm

Are You Interested in a Cross-Cultural Educational Exchange (CLE) to Cuba?

7.0 General

Complimentary breakfast included.

Nuts and Bolts of Medicare and Medicaid December 8, 8:00 – 11:30am

JOU R N E Y TO C U B A WI TH TH E N B A !

NASHVILLE BAR JOURNAL | OCT/NOV 2017

W E BI NARS | FEATURING SEAN CARTE R , E S Q. La ugh While You Le a r n

WE B I N A R S | FE ATU R I N G S E A N C A R T ER , ESQ . Laugh Whi l e You Lear n

The Bonehead Play: Avoiding Costly Errors November 28, 12:00 – 1:00pm

1.0 Dual

Thou Shalt Not Lie, Cheat & Steal: The Ten Commandments of Legal Ethics November 30, 12:00 – 1:00pm

1.0 Dual

M A R K Y O U R C A LE N D A R S If You Can’t Say Something Nice, Shut Up!: The Ethycal Imperative for Civility October 10, 12:00 – 1:00pm

1.0 Dual

Dealing with Difficult People December 13

The 2017 Ethy Awards October 21, 10:00am – 12:00pm

2.0 Dual

Don’t Be an Outlaw: The Ethycal Imperative to Follow the Law October 25, 12:00 – 1:00pm

Government Practice and Professionalism December 15 8:00am – 4:15pm 3.0 Dual & 3.0 General

1.0 Dual

A Nightmare on Ethics Street: Don’t Fall Asleep on Your Ethical Obligations October 31, 1:00 – 2:00pm

1.0 Dual

Save the date for these highly anticipated upcoming seminars!

What Starbucks Teaches About Ethically Inspired Marketing November 2, 12:00 – 1:00pm 1.0 Dual Sue Unto Others As You Would Have Them Sue Unto You November 9, 12:00 – 1:00pm 1.0 Dual The 2017 Ethy Awards November 11, 11:00am – 1:00pm The Art of War and Cross Examinations November 14, 12:00 – 1:00pm The 2017 Ethy Awards November 18, 9:00 – 11:00am Lawyers Gone Wild: The Ethical Dangers of Compulsive Behavior November 20, 12:00 – 1:00pm

2.0 Dual

1.0 General

Chancery & Circuit Court Practice December 18 9:00am – 4:50pm 6.0 General Land Use in Metro Nashville December 19 2:00 – 4:00pm 2.0 General CLE Film Festival December 27-29 9:00am – 12:15pm & 1:00 – 4:15pm 3.0 Dual Each Journey to Cuba CLE March 2-6 Havana, Cuba 5.0 General

2.0 Dual Visit NashvilleBar.org/CLE for updates. 1.0 Dual OCT/NOV 2017 | NASHVILLE BAR JOURNAL

GET A CLE EASY PASS & GO! EASY PASSES PASSES TO TO CHOOSE CHOOSE FROM: FROM: 33 EASY

8-HOUR CLE PASS

10-HOUR CLE PASS

$265 $265 (2 free CLE hours == (2 free CLE hours $95 savings) savings) $95

15-HOUR CLE PASS

$315 $315 (3 free CLE hours == (3 free CLE hours $135 savings) savings) $135

$420 $420 (6 free CLE hours == (6 free CLE hours $255 savings) savings) $255

Valid from Nov 1, 2017 to Oct 31, 2018.

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. For questions or to purchase your CLE Easy Pass, email NBA_CLE@nashvillebar.org or call 615-242-9272.

R E GI S TR ATI O N MAIL Nashville Bar Association | ATTN: CLE Division 150 4th Ave N, Ste 1050 | Nashville, TN 37219

ONLINE NashvilleBar.org/CLE

PHONE 615-242-9272

Please register me for the following NBA live seminars:

Name:

BPR#

Address: City:

wState:

Phone:

Email:

Zip:

(Required to receive seminar materials)

PAYMENT OPTIONS Visa

Discover

Mastercard

Cardholder Name: Billing Zip Code:

AMEX

Check (payable to the Nashville Bar Association)

Card Number: Exp Date:

Amount:

Signature:

LATE FEE: Registration must be received by 5:00pm two business days ahead of the seminar. If you register late, please add a $10 late fee to your payment. 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.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

FREE CLE EVENT | REGISTER AT NASHVILLEBAR.ORG/MARCIATRIMBLE

Marcia Trimble | It was dusk on a Tuesday in February 1975, when Marcia Trimble, age 9, was working her Girl Scout cookie route near Green Hills when she was abducted, raped, and murdered. Her killer, Jerome Sydney Barrett, was convicted by jury in July 2009—34 years later. What transpired during those three decades is the topic of this year’s NBA Historical Committee’s annual FREE CLE program to be held November 2, at the Downtown Public Library. The crimes and their investigation will be recounted by many of those who participated. The trial of Jerome Barrett will be discussed, but the participation of his defense team—if it can comment at all—will be limited. The case is still pending appeal. For those of us who were practicing when the murder occurred, it is recalled as “the day Nashville lost its innocence.” A shockwave ran through the neighborhoods of Nashville’s golden triangle where things like this were not supposed to happen. For those who represent large nationally recognized corporate clients, try to imagine what went through the minds of executives at the offices of the Girl Scouts of America. The cookie sale is part of American culture and the organization’s annual fundraiser. The death of Marcia Trimble wrote new policy for the little girls who once walked from door to door and raced their bicycles down neighborhood streets taking orders for Thin Mints, Do-si-dos, and Samoas. For those practicing today who were not yet born the day Marcia disappeared, this program will introduce you to the perfect storm of police incompetence, press frenzy, and rumor mongering, mixed with just a pinch of top flight investigative skill and evidence gath-

John C. McLemore

ering. This, kneaded robustly with the representation of two NBA presidents working pro bono for 34 years, makes for a very good story chockful of practice pointers. Marcia disappeared less than 100 yards from her home at 4009 Copeland Drive. No one saw the abduction. When Marcia did not return home for supper, it was thought she had been kidnapped. The police response was immediate. There was no mandatory waiting period because Nashville was still a “small town” and Marcia’s dad knew Metro Detective Sherman Nickens who had been called first. The investigative focus turned almost immediately to a 15-year-old neighborhood kid, Jeffrey Womack, who had talked with Marcia earlier in the day. When detectives at the Trimble house learned of this fact, they sent for the boy. When Jeffrey—with long hair, often interpreted as a statement of rebellion in the 1970s, and “FUCK YOU” written in Magic Marker along the sides of the white soles of is tennis shoes—appeared at the front door, they had their man. Jeffrey was not without his champions. The first was the 32-year-old lady who ran a daycare center from her nearby home. She had been represented by John “Big John” Hollins in her divorce. When she saw police beginning

to pressure Jeffrey, she told his parents he needed Hollins, and she told police, completely without authority, that Jeffrey had lawyered up and was represented by Hollins. She would eventually assure Hollins of Jeffrey’s innocence. We do not know what was said in the conversation, but we do know that she “came clean” with Hollins and told him that despite the 17-year age difference, she and Jeffrey were a sexually active couple. Think about what kind of wrench this might throw into one’s criminal defense today. At the time, statutory rape was only enforced against the dominant male in congress with the underage female. Today it is a two-way street. It wasn’t a one-time fling. Jeffrey recounts in Hollins’s book, The Suspect: A Memoir, that his lover would take him to the drug store so they could shop for condoms. When the police learned about the romance, they concluded a 15-yearold boy who had long hair, profanity on his shoes, and a mature lady lover would break and spill his guts if enough pressure was applied. Ed Yarbrough was an Assistant District Attorney General not assigned to the Trimble case when the murder was committed. He would join Hollins’s firm and become the second lawyer on the two-man defense team. Jeffrey Womack would pass five polygraph tests with flying colors but he could not shake the amateur and FBI profiling that the perpetrator of the rape and murder was a resident of the community, more than likely a young person who knew her. Meanwhile, there was a serial rapist working the Vanderbilt, Hillsboro-Belmont, and Green Hills areas. Large, mean, and angry, he preyed on college (continued on page 38)

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Editorial |

Nashville’s Changing Legal Landscape (continued from page 12)

But time will tell. Nashville’s boom may change our economic culture so deeply that a Nashville dollar isn’t spent any differently than a Washington, D.C. dollar. The economy may rise to meet the expectations that outsider whiteshoe firms can prepare for, inviting them in. The legal market may be at the beginning of the end, or at a shallow dip of a greater rise. In any event, one thought should remain at the forefront of our legal minds during this “It” City boom: we should endeavor to avoid losing our heads when the boom begins to show its cracks. n Endnotes 1 Peter Lane Taylor, Nashville Is One Of America’s Hottest Cities Right Now And It’s Not Just The Hockey, Forbes, June 2, 2017, Forbes.com/sites/petertaylor/2017/06/02/ nashville-is-on-a-red-hot-roll-and-its-not-just-thepredators. 2 Press Release, Frost Brown Todd, Frost Brown Todd Moves to Accept Bitcoin (Aug. 28, 2017), FrostBrownTodd.com/newsroom-press-825.html. 3 Scott Harrison, Law & disorder: It’s open season on lawyers, Nashville Bus. J. (May 29, 2015), BizJournals.com/nashville/printedition/2015/05/29/law-disorder-it-s-openseason-on-lawyers.html. 4 Jamie McGee, Butler Snow hires 13 from Walker Tipps & Malone, The Tennessean, Feb. 9, 2015, available at Tennessean.com/story/ money/2015/02/09/butler-snow-hires-walkertipps-malone/23017923. 5 Press Release, Polsinelli PC, Bolsters healthcare and commercial litigation practice in the Southeast (Sept. 16, 2016), Polsinelli.com/ newsevents/press-release-polsinelli-expands-tonashville. 6 Press Release, Leavens Strand & Glover, LSG Expands into Nashville (Mar. 10, 2015), LSGlegal.com/lawyers-hang-a-new-shingle-inmusic-city. 7 Press Release, McAngus Goudelock & Courie, MGC Opens Office in Nashville (Mar. 20, 2015), MGClaw.com/mgc-opens-office-in-nashville/ (Mar. 30, 2015). 8 Stephen Elliott, More details on Florida firm’s expansion into Nashville, Nashville Post, Oct. 20, 2016, available at NashvillePost.com/business/ legal/article/20837740/more-details-on-floridafirms-expansion-into-nashville. 9 Kelly Poe, Alexander Shunnarah expanding into Nashville, Miami, Alabama Bus., Jan. 5, 2017, available at AL.com/business/index.ssf/2017/01/ alexander_shunnarah_expanding.html. 10 Sanford Heisler Sharp, LLP, History (2017), SanfordHeisler.com/history.

LEE T. NUTINI is an associate attorney at the health care

boutique

Gideon,

Cooper & Essary, PLC

DIAL-A-LAWYER

in Nashville, Tennessee. Nutini can be reached at lnutini@gideoncooper.com.

Marcia Trimble

(continued from page 37)

co-eds and young women. He murdered one of his Nashville victims, but was arrested for the rape of a Belmont University student just 20 days after Marcia’s murder. He left the street for prison. Although the trail of sexual assaults was there, no one put the pieces together. When Marcia was killed, DNA was not the investigative tool it is today. Luckily, the detective in charge evidence collection preserved the semen discovered on her skin and clothing. More than 30 years later, a random comparison of DNA taken from victims against the DNA of known sex offenders would make the match. Join us for the story of an innocent suspect who was harassed by police for three decades, two lawyers who stuck by their client, a DA who refused to prosecute, crackerjack investigators who solved the rape-murder, and a family that finally got closure. JOHN C. MCLEMORE represents both debtors and creditors and is best known for his work as a bankruptcy trustee. He is admitted to practice in federal and state courts in Tennessee, as well as the U.S. Sixth Circuit Court of Appeals. McLemore is also well-known among the local law community as a photographer for NBA events with his Nikon in tow, documenting the people, places, and events that comprise Nashville’s local history as it pertains to law.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

Dial-A-Lawyer is held the first Tuesday of each month from 6:00 – 8:00pm, and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact our LRIS Coordinator at Wendy.Cozby@nashvillebar.org. Pro Bono credit applies, and a complimentary dinner will be provided.

Thank you to our August and September volunteers!

HELEN CORNELL GINA CRAWLEY MICHAEL GOODE CHRIS HUGAN TOM LAWLESS DOUG PIERCE JOE RUSNAK

VOLUNTEER TODAY

Editorial |

Kimberly Faye

Pedal Taverns

The Transportation We Love To Hate Love it or hate it, it is undeniable that Nashville has obtained “It” City status. In 2016, Music City had its best year in number of occupied hotel rooms—7.307 million—and hotel taxes—an estimated $61.1 million.1 It is likely that we will see a significant increase in these numbers for 2017, considering the number of visitors the city hosted during the Nashville Predators’s historic playoff run for the Stanley Cup, the 2017 Gold Cup soccer games, and the Total Solar Eclipse. Hotels, of course, are not the only business benefiting from Nashville’s increase in tourism. Perhaps the most unique businesses capitalizing on the guests to our city are those that are taking the party on the road. Yes, although there was a time when navigating the streets of downtown Nashville meant safely avoiding boozed-up music fans, the occasional horse-drawn carriage, and out-of-towners not familiar with our one-way streets, we have now become accustomed to sharing our roadways with mobile party vehicles such as pedal carriages—e.g., The Nashville Pedal Tavern and the Country Music Crawler. Perhaps you have seen these caboose-sized bars on wheels, powered by individuals drinking and pedaling their way through the streets of downtown Nashville, but actually driven by the holder of a pedal carriage driver permit.2 Interestingly, pedal carriages

are viewed by law as a mode of transportation rather than a bar. A pedal carriage, also known as a “quadricycle,” is defined by statute as a “non-motorized bicycle with four (4) or more wheels operated by one (1) or more persons for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of or otherwise attached to the pedal carriage.”3 In Nashville, pedal carriages must obtain a “certificate of public convenience and necessity” from the Metro Transportation Licensing Commission (MTLC) to commercially operate.4 Most companies require passengers to complete a liability waiver assuming responsibility for any potential injuries or fatalities. However, from what I was told, without revealing my source, the majority of injuries on pedal carriages are related to passengers taking “selfies.” As to the booze, pedal carriages are strictly prohibited from selling beer or alcohol. Customers, however, are welcome to bring their own beer, wine, or liquor, so long as there is no glass or kegs.5 (Maybe this explains why I have seen bachelorette party groups hauling cases of beer in the middle of day.) Tennessee’s open container law makes it absolutely illegal for the driver of an automobile to possess an open container of alcohol.6 Notably, passengers—including those on a pedal carriage—are not prohib(continued on page 40)

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Editorial |

Pedal Taverns (continued from page 39)

ited from possessing an open container of alcohol. Despite the fact that Tennessee’s open container statute limits violations to drivers of automobiles, the statute does not disallow local governments from prohibiting passengers from consuming or possessing alcohol. Nashville’s local ordinances do not prohibit passengers from consuming or possessing alcohol, but you better not take that to-go-cup to the streets, unless, perhaps, you are on the one block of public roadway on Fifth Avenue between Demonbreun Street and Korean Veterans Boulevard.7 Specifically, Local Ordinance: 7.24.040, titled “[a]lcoholic beverages in open containers,” makes it a violation “for any person, while in or on a street, alley, sidewalk, parking lot, parking garage or other area generally open to the public, . . . to have in their possession beer, ale, wine or other alcoholic beverage for the purpose of consumption in a glass, aluminum, or metal container unless such container is commercially sealed.” Thus, for pedal carriage patrons in Nashville, this means they could face fines if the alcohol

is taken off of the carriage. That is, “unless they pour their favorite beverage in a red Solo cup, since the Metro ordinance does not specifically prohibit possessing alcohol in a plastic container,” said Will Cheek, self-proclaimed liquor expert, leader of the Bone McAllester Norton, PLLC Alcoholic Beverage Team. “If officer friendly gives you a citation, you can call my good friend David Raybin to help you out with this fascinating legal technicality.”8 In recent years, Tennessee lawmakers have attempted to pass legislation that would extend the state’s ban on open containers to include passengers. Governor Bill Haslam has supported repealing the so-called “pass-the-bottle” rule in connection with his wide-ranging transportation improvement plan. The federal government penalizes states that don’t have across-the-board open container bans by withholding some funding, and the Haslam administration puts those loses at $18 million a year.9 Nevertheless, if Tennessee were to extend its ban on open containers to include passengers, the law could permit passengers of motor

The Historical Committee has completed over 50 oral histories of NBA members!

THANK YOU to Huseby for donating time to make this possible! Nashville, TN 37201 | 615-256-1935 Any NBA member age 65 or older may record an oral history. For information or to schedule your time, contact Gareth Aden at Gaden@gsrm.com or Hal Hardin at HalHardin@aol.com.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

vehicle designed, maintained, or used primarily for the transportation of persons for compensation—e.g., buses, taxis, limousines, and arguably pedal carriages—to possess open containers and be in conformance with the federal standard.10 Although pedal carriages and other low-speed vehicles have faced much criticism from Nashvillians since first appearing on our streets, there are numerous tourists as well as locals that have enjoyed pedaling and drinking their way through downtown. I have yet to participate in this phenomenon that has taken over our streets, but would be willing to give it try as a unique alternative to the usual bar scene. n Endnotes 1 Estimated 13.9 Million Tourists Visited Nashville Area in 2016, WSMV.COM (Feb. 9, 2017), WSMV.com/story/34355173/estimated139-million-tourists-visited-nashville-areain-2016. 2 Ord. BL2014-925 § 1, 2014, Metro Code § 6.75.160. 3 Tenn. Code Ann. § 55-26-101(1). 4 Ord. BL2014-925 § 1, 2014, Metro Code § 6.75.020. 5 See ord. BL2014-925 § 1, 2014, Metro Code § 6.75.240. 6 Tenn. Code Ann. § 55-10-416. 8 Id. § 57-4-102 (27)(B)(i)(c) 9 David Raybin, If you Drink Alcohol in Nashville, Better Stick to Plastic Cups, Aug. 9, 2010, NashvilleTnLaw.com/blog/if_you_drink_alcohol_ in_nashvi. 10 23 U.S.C.A. § 154; 2017 TN H.B. 0532. KIMBERLY FAYE is an attorney at Bone McAllester Norton PLLC where she concentrates her practice in the field of alcohol beverage law. 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 is an executive board member of Lawyers’ Association for Women, and a graduate of Nashville School of Law.

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound was 32 cents, average monthly rent was $554, and the average new house price was $118,200. While not a constitutional crisis just yet, Tennessee is staring at separation of powers issue where the General Assembly controls the power of the purse and where the Supreme Court regulates the legal profession. In reality, the Executive Branch is also engaged, because the Governor has a statutory duty to propose an appropriations bill each year for consideration by the General Assembly.

—Be all the dog you can be. During the dog days of summer, we saw many candidates vying for the office of Governor. We also saw many of our legislative friends seeking or being named for other positions of public service. While those activities have led to yips and howls at times, one issue is simmering quietly near the dog bowls and desperately needs some fresh water. Background It is often said, and widely believed, that committees or task forces are where good ideas go to die. When the Tennessee Supreme Court created the Indigent Representation Task Force in October 2015, some howled that Justice delayed, was Justice denied. In April 2017, just before the General Assembly finished its work for the 2017 session, the Task Force released its final report entitled “Liberty and Justice for All, Providing Right to Counsel Services in Tennessee”. The Report is a treasure trove of current practice and history of the right to counsel in criminal cases guaranteed

by the Sixth Amendment to the United States Constitution and Article I, Section 9 of the Tennessee Constitution. The report also notes the 1963 Gideon v. Wainwright (372 U.S. 335) unanimous decision of the United States Supreme Court which makes the right to counsel applicable to state felony prosecutions. Presently the Tennessee Supreme Court through the Administrative Office of the Courts governs the program for the appointment, qualifications, and compensation of counsel for indigent defendants in Tennessee Supreme Court Rule 13. Subsection (c) of the Rule has read since 1996 in part: The hourly rate for appointed counsel in non-capital cases shall not exceed $40 per hour for time reasonably spent in trial preparation and $50 per hour for time reasonably spent in court. For historical reference, in 1996, Bill Clinton was running for reelection, the Dow Jones Industrial Average closed at 6448 points, a gallon of unleaded gasoline cost $1.23, a first class stamp

Task Force Recommendations We have many recommendations, but on the money side of the equation, the Indigent Defense Task Force recommends removing the distinction between in-court and out-of-court compensation. Like civil cases, about 95% of the criminal cases settle, and the best lawyering may well occur outside the courtroom. To give public officials discretion in making a final decision on the hourly rate, the Task Force recommends a range in the hourly compensation rate of $75 to $125. The Tennessee Bar Association is barking about an hourly rate of $100. What to Do? We are spoiled in the Nashville area. Our Public Defender’s Office under the leadership of Dawn Deaner does an outstanding job, as do those public defender officers in the surrounding counties. Due to the needs of the criminal justice system, however, private counsel are appointed to represent indigent defendants every day. Call your state legislators and ask them to support increased funding in the appropriations bill for indigent representation reform. (continued on page 42)

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

Capitol Notes | Checklist for October 1. Write a note or call your state elected officials asking them to support funding for indigent representation reform in Tennessee. 2. Plan to attend the October 19 NBA Happy Hour at Plaza Mariachi at 3955 Nolensville Road. 3. Register for the FREE CLE for NBA members on November 2 at the Downtown Library for 3.0 hours of dual CLE credit—NashvilleBar.org/MarciaTrimble—and learn about the investigation and trial for the Marcia Trimble case. 4. Check your dog’s water bowl for fresh water.

Peggy Sue, the Beagle Hound (continued from page 41)

Calendar Notes State and NBA offices will be closed Thursday and Friday, November 23 and 24, for the Thanksgiving holiday. Thursday, February 15, 2018 is the qualifying deadline for the May 1 primary in Davidson County for local and judicial offices. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to get a hold of.

If you knew Peggy Sue Then you’d know why I feel blue Without Peggy, my Peggy Sue Oh well, I love you, gal Yes, I love you Peggy Sue Peggy Sue, Peggy Sue Oh, how my heart yearns for you Oh, Peggy, my Peggy Sue Oh well, I love you, gal Yes, I love you Peggy Sue Peggy Sue, Peggy Sue Pretty, pretty, pretty, pretty, Peggy Sue Oh, Peggy, my Peggy Sue Oh well, I love you, gal And I need you, Peggy Sue —Buddy Holly, 1957

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, phone, and video-conferencing— available for your use. For more information, contact Vicki.Shoulders@nashvillebar. org or visit NashvilleBar.org/ ReserveOurFacilities.

NASHVILLE BAR JOURNAL | OCT/NOV 2017

TENNESSEE CHAPTER

Nashville Area Members recognized for Excellence in the field of Mediation or Arbitration

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 893-4160

Paul DeHOFF (615) 893-8896

Hon. Robert ECHOLS (615) 742-7811

Barry L. HOWARD (615) 256-1125

James KAY (615) 742-4800

Mark LeVAN (615) 843-0300

Gayle MALONE, Jr. (615) 651-6700

David NOBLIT (423) 265-0214

Dan NOLAN (931) 647-1501

Leigh Ann ROBERTS (615) 767-5900

Tracy SHAW (615) 244-3370

Matt SWEENEY (615) 726-5774

John TARPLEY (615) 259-1366

Mark TRAVIS (931) 252-9123

Jack WADDEY, Jr. (615) 850-8752

Check preferred available dates or schedule appointments online directly with the stateâ&#x20AC;&#x2122;s top neutrals www.TennesseeMediators.org is free, funded by members

For more information about NADN, please watch the short video at www.NADN.org/about

Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed on NashvilleBar. org/100%Club, in the Nashville Bar Journal, and in our annual Attorney Directory. To become part of NBAâ&#x20AC;&#x2122;s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today! Aaron | Sanders, PLLC (3)

Andrews & Ghanem, PLLC (7)

Raybin & Weissman, PC (6)

Anderson & Reynolds, PLC (3)

Kinnard, Clayton & Beveridge (5)

Reid Leitner Law Group, PLLC (3)

Baker Donelson (110)

Larry R. Williams, PLLC (3)

Reno & Cavanaugh, PLLC (8)

Bone McAllester Norton, PLLC (40)

Law Office of Bart Durham (5)

Riggs Davie, PLC (3)

Bradley (133)

Law Offices of John Day, PC (7)

Riley, Warnock & Jacobson, PLC (19)

Branstetter, Stranch & Jennings, PLLC (15)

LBMC, PC (3)

Robinson, Reagan & Young, PLLC (4)

Leader, Bulso & Nolan, PLC (6)

Rogers, Kamm & Shea (6)

Legal Aid Society of Middle TN (14)

Rothschild & Ausbrooks, PLLC (3)

Leitner, Williams, Dooley & Napolitan, PLLC (11)

Rudy Winstead Turner, PLLC (4)

Brewer, Krause, Brooks & Chastain, PLLC (12) Buffaloe & Vallejo, PLC (4)

Lewis Thomason (28)

Shackelford, Bowen, McKinley & Norton, LLP (7)

Cameron Worley, PC (3)

Lieff, Cabraser, Heimann & Bernstein, LLP (5)

Sherrard Roe Voigt & Harbison, PLC (33)

Cole Law Group (3)

Littler Mendelson, PC (7)

Sims|Funk (3)

Cornelius & Collins, LLP (17)

Loeb & Loeb, LLP (6)

Smith & Tomkins (3)

Dickinson Wright, PLLC (27)

Martin Heller Potempa & Sheppard, PLLC (6)

Smythe Huff & Hayden, PC (3)

McAngus Goudelock & Courie, LLC (7)

Stites & Harbison, PLLC (31)

MTR Family Law, PLLC (5) Nashville Electric Service (4)

Taylor, Pigue, Marchetti, & Blair, PLLC (7)

Neal & Harwell, PLC (31)

The Collins Law Firm, PLLC (6)

Nelson, Mullins, Riley & Scarborough (17)

Trauger & Tuke (5)

Burr & Forman, LLP (24) Butler Snow (58)

Dodson Parker Behm & Capparella, PC (10) Evans, Jones & Reynolds, PC (6) Floyd Law Group, PLC (3) FordHarrison LLP (3) Frost Brown Todd, LLC (27) Grissim & Hodges (3) Gullett, Sanford, Robinson & Martin, PLLC (29)

Veazey & Tucker (3) Venick, Kuhn, Byassee, Austin & Rosen PLLC (5)

Hall Booth Smith, PC (13)

Ogletree, Deakins, Nash, Smoak & Stewart, PC (16)

Watkins & McNeilly, PLLC (11)

Hawkins Hogan, PLC (3)

Ortale Kelley Law Firm (24)

Waypoint Law, PLLC (3)

Healthcare Realty Trust, Inc. (3)

OspreyIP, PLLC (4)

Weatherly, McNally & Dixon, PLC (3)

Holton & Mayberry, PC (4)

Patterson Intellectual Property Law, PC (18)

Wiseman Ashworth Law Group, PLC (7)

Keller, Turner, Ruth, 44

North, Pursell & Ramos, PLC (9)

Spicer Rudstrom, PLLC (15)

NASHVILLE BAR JOURNAL | OCT/NOV 2017

MEMBERSHIP REVIEW

The “It” Bar in the “It” City | Why should you renew your membership and tell colleagues to join the NBA, as well? It’s all about education, service, fellowship, and growing your law practice in the “It” City. Improve Your Practice Skills & Become A Better Lawyer • CLE Discounts. Get membership pricing on cutting edge CLE programs specifically geared for local attorneys. • Free CLE. Attend the Historical Committee’s annual FREE 3-hour CLE (see pages 25 and 37 for details). • Stay Informed. Receive weekly email updates on the latest news, as well as the award-winning Nashville Bar Journal—online or in print. • Get Trained by the Best. The Friday FUNdamentals program trains new lawyers in practical litigation and transactional practice skills; they also network with peers and the lawyers and judges instructing them. Make a Living & Serve Our Community • Find a Job or Post a Job. Use the online Career Center to grow your office or to take the next step in your career. • Get Client Referrals and Help the Local Community. The NBA Lawyer Referral and Information Service refers over 6,000 callers annually to our LRIS attorneys. • Connect with Pro Bono Cases. Each month Dial-A-Lawyer volunteers answer legal questions from Nashvillians. • Help the Community. The NBA offers various opportunities to help serve our community, including participation with Hands on Nashville, OneGenAway, Habititat for Humanity, and more. • Support the Nashville Bar Foundation. Your membership helps support law-related initiatives in our community.

Marnie Huff & Claudia Levy

Save Money! Your Membership Means Discounts • Free Membership Opportunity. New members can open a First Tennessee Bank checking account and get a FREE NBA Membership. • Save Your Office Money. Strategic Partners discount items you need to run your office. FTB Advisors — Let experts manage your money. LawPay — They understand your payment compliance needs. Peace Communications — Provides voice, data, Internet, and more. • Save Your Own Money. Affinity Partners—local restaurants and other establishments—want our business! Show your NBA membership card to get discounts/benefits. Don’t have a membership card? Email Mariel.Zelhart@ nashvillebar.org! For a list of our Affinity Partners, see pages 52-53. Network & Build Life-long Friendships • NBA Practice and Service Committees. Connect with other lawyers in your practice area. • Young Lawyers Division. Make new friends and give back to the community. • Happy Hours. Network with colleagues while having a great time making new connections. • Fall Picnic. A long-standing tradition. • Summer Zoo Outing. Meet fellow NBA parents and have fun with the kids! • Trivia night. Our newest, and maybe our most favorite NBA event yet. Be A Leader • Serve on one of our many committees.

• Publish in the Nashville Bar Journal. • Help produce or present CLE programs. • Participate on the NBA or Young Lawyer Division Boards. • Work with the Nashville Bar Foundation. Monica Mackie is our amazing Executive Director, though she won’t boast about it! Monica implements proven ways to enhance your membership. Have a good idea? Call Monica at 615242-9272, or contact your NBA Membership Committee Chair. MARNIE HUFF—the NBA’s incoming Membership Committee chair—is an independent mediator and arbitrator in Nashville. She is a member and past chair of the NBA Alternate Dispute Resolution Committee and has held leadership positions with the Tennessee and American Bar Associations. CLAUDIA LEVY is the owner of Levy Legal Consulting, LLC. She assists lawyers and law firms with legal talent recruitment and provides ongoing career development and business development services. Levy completed her J.D. and B.A. at the University of Mississippi, is Second Vice President of the Nashville Bar Association, and is a member of the Nashville Bar Foundation.

PROUD TO SUPPORT THE NASHVILLE BAR ASSOCIATION HERMAN HICKS

Vice President Private Client Relationship Manager (615) 734-6186 • hahicks@ftb.com

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Premier Members The NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Vicki.Shoulders@nashvillebar.org for information on how to become a Premier Member.

2017 PREMIER MEMBERS

Gail Vaughn Ashworth

Laura Heiman

David Raybin

Heidi Barcus

Lisa Helton

Mark Beveridge

Jamie Hollin

Sara Reynolds

Hon. Joe Binkley, Jr.

Paul Housch

Jonathan Bobbit

Margaret Huff

Charles Bone

R. Jan Jennings

C. Dewey Branstetter, Jr.

J. Phillip Jones

Kimberly Silvus

Kenneth Byrd

Andrew Kaufman

Eric Smith

Christopher Cardwell

Jordan Keller

Saul Solomon

Kay Caudle

John Kitch

Mark Chalos

Hon. William Koch, Jr.

John Spragens

William Cheek, III

Irwin Kuhn

John Ray Clemmons

Edward Lanquist, Jr.

Hon. Patricia Cottrell

Thomas Lawless

James Stranch, III

John Day

Claudia Levy

James Stranch, IV

Joy Day

Hon. Randal Mashburn

Claire Thomas

Karl Dean

Sam McAllester, III

Jacqueline Dixon

Hon. Amanda McClendon

Hon. Aleta Trauger

David Downard

Rocky McElhaney, II

Blair Durham

Bob Mendes

John Floyd

Jeffrey Mobley

Elizabeth Washko

Keith Frazier

Margaret Moore

Jim Weatherly, Jr.

Grant Glassford

Marlene Moses

Peter Weiss

Richard Green

Patricia Head Moskal

John Griffin, Jr.

Phillip Newman

Thomas White

Jay Harbison

Mattison Painter

William Harbison

Rose Palermo

Hon. Marian Harrison

Gregory Pease

Aubrey Harwell, Jr.

Andrea Perry

Stephen Young

Trey Harwell

Tracy Powell

Stephen Zralek

NASHVILLE BAR JOURNAL | OCT/NOV 2017

Nathan H. Ridley George Rowlett Carolyn Schott

Joycelyn Stevenson Michael Stewart

Howard Vogel Michael Wall

Larry Williams Thomas Wiseman, III Ed Yarbrough

Welcome New Members! 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 (JULY 1 - AUGUST 31) Lowell Stokes

Jordan A. Anderson

Cherrelle A. Hooper

Aisha S. McWeay

Adam J. Bello

Michael W. Jones

Thomas Mink

Catherine B. M. Caldwell

Andy T. Kidd

Jennifer Moreno

James W. Edwards

Mark King

Jeannie A. Naujeck

Crystal M. Etue

Dustin J. Kittle

Phillip R. Newman

Reid A. Waltz

William M. Evans

Hunter Knight

Juliana M. Newton

John D. Watkins

Joshua A. Frank

Stephen C. Knight

Delshad Omer

Tania Freeman

Ramsey B. Leathers, Jr.

Eric G. Osborne

Desiree J.C. Goff

Elizabeth H. M. Morgan

Surya Pavuluri

Zachary D. Wiley

Michael E. Hallum

Demi Marks

Sydney Raines

Liza Q. Wirtz

Alyssa Hartmann

William A. Mayfield

Sharon K. Schweinhart

Kaitlin Harvie

Donna McFarlin

Timothy M. Singhel

Laura Beth Heiman

Anne T. McKnight

Michelle B. Sisco

Leesa Hinson

Rachel McLaughlin

William A. Slone

Andrew Verdone Lisa Thuy-nga Vo

Malaka Watson

Michael D. Woolf Danielle M. Young

A Confidential EAP Service for the Legal Profession

Free. Anonymous. Confidential.

Local: (615) 741-3238 | Toll Free: (877) 424-8527 | www.tlap.org

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

August & September 2017 Highlights

YLDâ&#x20AC;&#x2122;s 20th Annual Carbolic Smoke Ball at The Valentine

Aubrey Harwelll & John Dean | The Watergate CLE Reception

The Watergate CLE Reception 48

NASHVILLE BAR JOURNAL | OCT/NOV 2017

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

August & September 2017 Highlights

The Watergate CLE & Reception

NBA Tuesday Night Fever at Alley Taps

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

Membership Benefits A FEW OF THE MANY REASONS TO BELONG TO THE NBA

The Nashville Bar Association builds a sense of community and camaraderie among our members and comes with tangible and intangible benefits for enriching your career, profession, and community. Our members come from the public and private sectors, from large multi-state firms to solo practices; they are judges, in-house counsel, law students, paralegals, educators, and everything in between. By joining the NBA, you not only gain access to cutting edge educational programs, fun networking events, and leadership opportunities within Nashville’s legal community—you invest in your future by becoming a member of the “it” bar association in the “it” city.

Get Connected

Don’t just hang out with familiar faces! Join your fellow attorneys at one or more of our social gatherings held throughout the year— happy hours, the annual free member picnic, golf tournaments, trivia nights, committee meetings, and community projects—and build your network of contacts throughout the Nashville community.

Expand Your Business

Our exclusive Lawyer Referral and Information Service provides the groundwork you need to build your clientele. Established over 25 years ago, the NBA LRIS refers over 6,000 callers to Nashville area attorneys and agencies each year.

Stay Informed

Join the YLD

If you are a licensed attorney and are either under 36 years of age or have graduated from law school within the previous 12 years, take advantage of our exclusive Young Lawyers Division. An excellent, fresh addition to your NBA membership!

Give Back

Volunteer for Dial-A-Lawyer—a FREE, monthly, call-in service where members provide general legal information to the public, participate in community service projects offered throughout the year, or help with one of the many projects offered through the Diversity Committee.

Be a Leader

Receive a FREE annual subscription to our award-winning bi-monthly magazine, the Nashville Bar Journal. Enjoy insightful, relevant, and thematic articles in print or digital format—or both—it’s your choice.

Set the pace in the legal community by serving on committees, writing articles for the Nashville Bar Journal, helping produce or present CLE seminars, participating on the NBA and/or YLD Boards, or working with the Nashville Bar Foundation.

Sharpen Your Practice Skills

Refresh and Renew

The NBA is your local source for cutting edge CLE. Our skilled presenters will keep you current on the nuts and bolts of the law, local rules and customs, ethics and professionalism, winning practice strategies, and key practice procedures—all at special NBA member rates.

Take a moment to reflect on our bi-monthly wellness column. Watch out for our weekly Mindful Moment, or snack on something healthy while attending your next CLE... Just a few ways the NBA can help you while juggling that big stack of motions, litigation preparation, or racing to that next meeting.

NBA Strategic Partners

NASHVILLE BAR JOURNAL | OCT/NOV 2017

Receive the NBA Weekly Update eblasts every Thursday covering membership news, special updates, spotlighted events, court announcements, your 7-day CLE forecast, and member photo galleries. Visit the NBA Career Center online as an employer or a job seeker where you can list job postings, upload your resume, search job postings and resumes, and access the career resources library. Reserve an office or board room in downtown Nashville to host meetings, arbitrations, and depositions for attorneys who need a convenient place to meet. The NBA provides a Conference Center, a Board Room, and an Attorney Guest Office, complete with Wi-Fi and video-conferencing, available to all members. Use the NBA Attorney Directory to find names, photos, and contact information for Davidson County lawyers and judges, firm listings, court information, and practice areas of local attorneys. Save money on personal and business expenses while taking advantage of the many discounts that our Exclusive Sponsors, Strategic Partners, and Affinity Program offer—banking, dining, credit card processing, clothing—just to name a few!

Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Ashby Q. Burks was selected as cochair of Baker Ober Health Law. Burks is a shareholder at Baker Donelson where he engages in broad corporate practice, including mergers and acquisitions and sale or joint ventures of 150 plus hospitals and other health care businesses. Burks has served as Vice President and Assistant General Counsel at HCA and Vice President, Secretary, and General Counsel for Quorum Health Group. Judge Daniel Eisenstein recently received the Louise B. Katzman Volunteer of the Year Award from Mental Health America of Middle Tennessee in recognition of his years of volunteer work and particularly for serving as this year’s co-chairman of the President’s Council alongside Representative Beth Harwell. Judge Eisenstein also organized a statewide coalition that helps secure $15 million in funding from the State of Tennessee to develop community pre-arrest diversion programs for persons having mental health issues. Judge Eisenstein serves on the National Board of Directors for Mental Health America and as co-chairman of the public policy committee. Bradley, LLP is pleased to announce that Nashville Partner Sarah Clark Hannah has received the 2017 Nashville

Emerging Leader Award for Legal Services from the Nashville Area Chamber of Commerce and YP Nashville. Hannah is among 14 winners chosen from 70 finalists. Hannah earned her J.D. from Vanderbilt and her bachelor’s degree, summa cum laude, from Belmont. John Wingo recently was elected to Transportation Management Association Group’s Board of Directors (TMA). TMA is a 501(c)(3) nonprofit corporation established in 1988 as a public-private partnership of business, governmental, and community leaders, who understand that transportation can either make or break communities. Wingo is a Partner at Stites & Harbison where he is a member of the firm’s Business Litigation Service Group. He provides advice and representation to regional and national clients regarding their business transactions and handles commercial litigation defense work in state and federal court. ON THE MOVE Andrew B. Campbell joins the Tennessee Attorney General’s Office from the law firm of Wyatt, Tarrant & Combs, LLP. Campbell will serve as Assistant Attorney General in the Public Interest Division. The division carries out the office’s statutory duty to oversee the operation of nonprofit entities as well as handling issues involving open meetings, public records, and campaigns and elections. Campbell is a graduate of Vanderbilt

University School of Law and has more than 25 years of commercial litigation experience in federal and state courts. Kimberly Faye has joined Bone McAllester Norton, PLLC. Faye is a member of the firm’s Alcohol Beverage Law team and focuses her practice on beer, liquor, and catering licensing for restaurants, hotels, bars, clubs, and resorts throughout Tennessee. She also will help businesses navigate licensing issues and provide legal services to recording artists, songwriters, music publishers, and other music industry entrepreneurs. Faye previously clerked with the Court of Appeals and received her J.D. from Nashville School of Law. Elizabeth McCoyd Greer has joined Takacs McGinnis Elder Care Law as an Associate Attorney where she will advise on a wide range of client issues, focusing on estate planning and probate matters. Greer is a former ballet dancer whose first career of performing and teaching includes 11 years as a professional dancer with the Nashville Ballet and other U.S. ballet companies. Prior to being admitted to the bar in 2014, Greer worked as a paralegal, owned her own retail store, and taught Pilates as a certified instructor. She holds a Bachelor of Fine Arts degree in Ballet from Texas Christian University, a Juris Doctor degree from Nashville School of Law, and a Master of Laws in Elder Law from Stetson University College of Law.

OCT/NOV 2017 | NASHVILLE BAR JOURNAL

The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS & SERVICES!

The Affinity Program is a partnership between the NBA and local businesses that fosters a mutually beneficial relationship between the NBA, its members, and participating local businesses. In order to take advantage of these new member benefits, present your NBA membership card to the business. Don’t have a membership card? Email Mariel.Zelhart@nashvillebar.org and she will send one your way!

Save 10% on case management software, private cloud solutions, and fully managed solutions portfolios.

Save 20% off all menu items. Alcohol excluded. Cannot combine with other offers. (Downtown)

Receive 10% off a purchase of $30 or more. Promotional value valid on food and beverages. Minimum purchase of $30 is required, before tax and gratuity. Available at both the Nashville and Brentwood locations. (Midtown & Brentwood)

Receive a complimentary dessert with the purchase of an entrée. (12 South)

Receive a 25% discount on three books: Day on Torts: Leading Cases in Tennessee Tort Law (3rd Edition & 2016 Supplement), Tennessee Law of Civil Trial (2014), and Tennessee Tort Reform Statutes and Related Case Law (2008-2016) (Green Hills)

Receive 10% off of your lunch or dinner order. Excludes alcohol. (Midtown)

Receive 15% off all services offered. (Brentwood) Receive 10% off all corporate bulk orders. To redeem, call Batch at 615-931-3912. (Germantown)

Receive 10% off resume services. (Green Hills)

Receive 15% off any purchase at the Goo Goo Shop and Dessert Bar. (Downtown/SoBro) Sign up for a complimentary Brooks Brothers Corporate Membership Card online at BrooksBrothers.com. As a Brooks Brothers Corporate Member, you will receive an everyday 15% savings on full priced merchandise at Brooks Brothers stores, by phone, and online at BrooksBrothers.com. (Midtown & Brentwood)

Receive 20% off all services offered. (Green Hills)

NASHVILLE BAR JOURNAL | OCT/NOV 2017

Get to and from select NBA events with ease thanks to our ridesharing partner, Lyft! If you’re new to Lyft, visit lyft.com/i/nba2017 and you’ll get up to $10 each of your first 5 rides. Already have Lyft? Save 10% off two rides to/ from select events with the code provided to you in event promotions at NashvilleBar.org. (Nashville)

The Affinity Program

Save 20% off on all orders. (Germantown)

Receive 10% off all purchases. (Downtown)

Save 50% off the current initiation fee ($250 instead of the current $500) along with a $100 food and beverage credit on a new membership account. (Downtown)

Get Happy Hour wines by the glass during any visit. (Sylvan Park)

Save 10% off any adult enrichment classes. Members will receive a special code for use at online checkout or mention over-the-phone/in person when registering for a class. (Sylvan Park)

Receive 10% off Pilates equipment, classes, and class packages. Not applicable on membership or unlimited packages. (Melrose)

Enjoy 10% off all food and products. Excluding alcohol, tobacco, and art. (Downtown/SoBro)

Present membership card for 10% off food and beverages (excludes alcohol), private dining room fee waived for groups of eight or more, and/or Complimentary prosecco toast. (Downtown)

All members will receive employee pricing on new and pre-owned vehicles (excludes limited edition vehicles), 10% discount on service and parts at both locations, personal service advisor assigned to member, free oil and filter change on first visit. (Mt. Juliet)

Receive 10% off all repairs up to $250 ($25 flat rate above $250) and 25% off all accessories (does not include UBIF temporary glass). Discounts do not apply to professional services such as data recovery and backup disk copy. (Green Hills)

Receive 10% off application fee. (Nashville)

POLISHED First-time clients receive a free haircut with any color service; $5 off blowout services. (Green Hills)

Save 10% on all coaching packages. (Nashville)

Receive a 10% discount on a subscription to The Sewanee Review, Americaâ&#x20AC;&#x2122;s longest-running literary quarterly, containing the best fiction, poetry, and essays being written in America today!

ProFlowers offers a wide assortment of floral arrangements, plants, and gifts for any occasion. Receive 15% off your order using the discount code: BLUEGOLD15. Visit our website at ProFlowers.com today.

Takacs McGinnis Elder Care Law

Who will care for him when I’m no longer able to? Takacs McGinnis Elder Care Law offers the services your clients need to respond to the legal, financial and caregiving challenges created by a loved one’s disability. n Special Needs estate planning n Special Needs trusts n Supplemental care trusts n Life Care Planning

Our skilled, experienced and compassionate professionals will empower your clients to protect special needs loved ones’ financial rights, legal rights, eligibility for public benefits, quality of life and more – now and in the future. Don’t let your clients struggle alone. Refer them to Takacs McGinnis Elder Care Law. For two decades, improving quality of life for individuals with disabilities and the families who love and care for them has been our primary focus. We can help your clients, too.

(615) 824-2571 www.tn-elderlaw.com

201 Walton Ferry Road

PO Box 364

Helping you protect whatTN matters most in your life Hendersonville, 37077-0364