Nashville Bar Journal | December/January 2018-19 by Nashville Bar Association

JOURNAL Journal Journal

DECEMBER/JANUARY 2018-19 | VOLUME 18 | NO. 6

FEATURE

Whatâ&#x20AC;&#x2122;s It Going to Take? A Challenge to Beat Holiday Stress ALSO

Blockchain Disruption Reflecting on 2018: A Year in Review Emerging Legal Trends in 2019 Hello, Hello, Hello: Is There Anybody in There?

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OFFICIAL BANK PARTNER OF THE NASHVILLE BAR ASSOCIATION Insurance Products, Investments & Annuities: Not A Deposit | Not Guaranteed By The Bank Or Its Affiliates | Not FDIC Insured | Not Insured By Any Federal Government Agency | May Go Down In Value Insurance Products and Annuities: May be purchased from any agent or company, and the customer’s choice will not affect current or future credit decisions. FTB Advisors is the trade name for wealth management products and services provided by First Tennessee Bank National Association (operating as First Tennessee Bank and Capital Bank) (“FTB”) and its affiliates. Financial planning and trust services provided by FTB. Investment management services, investments and annuities available through FTB Advisors, Inc., member FINRA, SIPC, and a subsidiary of FTB. Arkansas License # 416584. Insurance products available through FTB Advisors Insurance Services, Inc. (”FTBIS”), a subsidiary of FTB. Arkansas License # 247414. In some states, insurance products and annuities are provided by First Horizon Insurance Services, Inc. (“FHIS”), a Tennessee corporation, and a subsidiary of FTB. The principal place of business of FHIS is 165 Madison Ave., Memphis, TN 38103. California License # OD12174. FTBIS, FTB Advisors, Inc., FHIS, and their agents may transact insurance business or offer annuities only in states where they are licensed or where they are exempted or excluded from state insurance licensing requirements. FTB Advisors does not offer tax or legal advice. You should consult your personal tax and/or legal advisor concerning your individual situation. Banking products and services provided by FTB. Member FDIC. ©2018 First Tennessee Bank National Association operating as First Tennessee Bank and Capital Bank.

JOURNAL 6 Journal Journal DECEMBER/JANUARY 2018-19 | VOLUME 18 | NO. 6

FE ATU R E

What’s It Going to Take?

A Challenge to Beat Holiday Stress Karen Blake

DEPA R TM E N TS

From the President

Calendar of Events

11 Blockchain Disruption: How Technology Is

Laura Smith

Hear Ye, Hear Ye

Jack Norman, Sr. Award Liberty Bell Award Mark Your Calendar Membership Renewals Mock Trial Volunteers NBF Grant Nominations President’s Reception

19 Photo Gallery 36 Hearsay 40 100% Club 44

CLE Schedule

Revolutionizing Personal Wellness A.J. Bahou

on 2018: A Year in Review 25 Reflecting Erin Palmer Polly Legal Trends in 2019 29 Emerging Kristin Thomas Hello, Hello: Is There Anybody in There? 31 Hello, Jeffrey H. Bunn C O L UMNS

Background Check 13 Bart Pickett Capitol Notes 15 Peggy Sue, the Beagle Hound Gadget of the Month 17 Bill Ramsey & Phillip Hampton

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL FROM THE PRESIDENT Setting the Bar High | Laura Smith Journal State and local bar associations across the country Journal are experiencing a notable decline in membership. At

LAURA SMITH, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE HUDSON, Managing Editor

JILL PRESLEY, Layout/Design/Production/Marketing

EDITORIAL COMMITTEE NOEL BAGWELL JERRY BRIDENBAUGH KIMBERLY FAYE TIM ISHII KELLY FREY ROB MARTIN BART PICKETT LAUREN POOLE MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE ELEANOR WETZEL NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419. No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal. The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content. NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,700 members—is the largest metropolitan bar association in Tennessee.

the national level, American Bar Association membership has decreased by 56,000 over the last 10 years.1 Plummeting membership has been attributed to cost cutting by employers, because the lack of bar participation by lawyers does not justify the expense.2 Decreasing membership and lack of interest has prompted an organizational realignment. In a report to the House of Delegates, the ABA’s Executive Director affirmed that the association must “successfully engage lawyers and demonstrate the substantial benefits of membership” in the association. In stark contrast to the lackluster and uninspiring ABA membership numbers, the Nashville Bar Association is experiencing a renaissance. NBA membership is nearing 2,900—an increase of hundreds from only a few years ago. Why? Because the NBA has been successful in doing what the ABA now strives to do—engaging its members and demonstrating the value of membership. These values, in large part, motivated my membership in the NBA and inspired me to serve as NBA President. I continue to be amazed by the benefits provided by the NBA to its members. My favorite perk is access to compelling and affordable continuing legal education. The NBA’s CLEs differ wildly, from hyper-focused hour-long sessions for select practice areas to full day institutes for government lawyers and sports and entertainment practitioners. They have featured nationally recognized speakers like John Dean, White House Counsel during the Watergate scandal, and Sol Wisenberg, Deputy Independent Counsel for the Whitewater/Lewinsky investigation. The NBA even trekked to Cuba to study the political structure. Last month, the NBA Historical Committee presented its annual free CLE, which brought a a crowd of over 450 lawyers to learn about the infamous Stringbean murder! Partners of the NBA add real and practical value to NBA member benefits. For example, First Tennessee provides access to a wide range of financial services tailored to attorneys, while ALPS offers a selection of discounts on malpractice insurance. For many, the savings on insurance alone pays for the membership. The NBA is continually looking for new ways to engage its members through social gatherings and service opportunities. I am inspired by each opportunity to bring members together. From the purely social Biscuit Breakfast for new members to Collegiality Coffees, Zoo Day to Trivia Night, various happy hours, and the annual NBA Member Picnic, the NBA strives to develop and enhance relationships. The NBA also remains service minded toward the broader community. We have built two Habitat for Humanity homes, fed the homeless, sorted food for the hungry, and provided food, backpacks, and even a little extra spirit with Halloween costumes to children in need. The NBA’s leadership—its Board and its team—remains committed to engaging members and providing value to all constituencies within the membership. I am excited about our journey, and look forward to continuing to set the bar high for excellence in the legal community. n —

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

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

DECEMBER 2018 M O N D AY

T U E S D AY

W E D N E S D AY

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

T H U R S D AY

F R I D AY

NBF Leadership Forum 12:00pm | Neal & Harwell

NBA Board Meeting | 4:00pm Nashville School of Law

Annual Meeting & Banquet 5:30pm | Music City Center

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

CLE Committee Mtg | 11:30am

NBF Leadership Forum Steering Committee Mtg | 4:00pm

10 Alternative Dispute Resolution Committee Roundtable | 12:00pm Sherrard Roe Voigt & Harbison

11 Ethics Committee Wine & Cheese Reception | 4:00pm

12 The Annual YLD Holiday Festivus 6:00pm | Santa’s Pub

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

Bankruptcy Committee Holiday Party 5:30pm | Bradley

HAPPY HOLIDAYS!

Holiday | NBA Office Closed

HAPPY NEW YEAR! Holiday | NBA Office Closed

JANUARY 2019 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY

HAPPY NEW YEAR! Holiday | NBA Office Closed

1 Diversity Committee Mtg | 12:00pm

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

New Board Orientation | 3:00pm

NALS Mtg | 12:00pm

4 Friday FUNdamentals | 11:30am

NBA Board Mtg | 4:00pm

NBF Fellows Dinner Call | 2:00pm

Memorial Service Committee Mtg 12:00pm

NBA Board/Team Event | 5:00pm

Friday (Thursday) FUNdamentals 11:30am | Metro & Criminal Courthouse

Diversity Summit Mtg | 12:00pm

Finance Committee Call | 4:00pm

Executive Committee Call | 4:45pm

18 Friday FUNdamentals | 11:30am

MARTIN LUTHER KING, JR. DAY

Diversity Committee: 1L Job Fair Reception 5:30pm | Waller

Holiday | NBA Office Closed

President’s Reception for Laura Smith 5:30pm | Neal & Harwell

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL Journal Journal

Hear Ye, Hear Ye |

Events of Interest

2019 NBA BOARD OF DIRECTORS LAURA SMITH, President

LAURA BAKER, President-Elect

JACQUELINE DIXON, First Vice President

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

NBA President’s Reception

Bring your friends and colleagues on Tuesday, January 29 at 5:30pm, and celebrate our new President—Laura Smith—with us! Let’s show Laura some love and a warm welcome for a great kick-off into the new year while enjoying complimentary appetizers and drinks at Neal & Harwell. RSVP at NashvilleBar.org/PresidentReception. n

HON. MELISSA BLACKBURN BRIGID CARPENTER

Forgot to Renew Your Dues?

SAMUEL FUNK MARY TAYLOR GALLAGHER

Last chance to renew your dues! The NBA 2018 membership year has ended. To ensure uninterrupted member benefits, please renew online at NashvilleBar.org/ Renew or contact Vicki.Shoulders@nashvillebar.org or 615-242-9272. Thank you for your continued support and membership—we appreciate you! n

JEFF GIBSON LYNNE INGRAM MARTESHA JOHNSON RYAN LEVY CHANCELLOR ELLEN HOBBS LYLE LIZ SITGREAVES ERIC SMITH DARKENYA WALLER CHANCELLOR BILL YOUNG STEPHEN ZRALEK

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

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

Liberty Bell Award Nominations are now being sought for the Liberty Bell Award, which will be presented during the Law Day Luncheon on Friday, May 3, at the Renaissance Nashville Hotel. This award is given to the person or group—not necessarily attorneys or law related groups—who has promoted a better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government. Nominations should be submitted to the NBA Community Relations Committee via Traci.Hollandsworth@nashvillebar.org no later than Friday, March 15. n

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

Nashville Bar Foundation Grants

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. For grant eligibility and application guidelines, visit 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 Tuesday, January 15. n

See annual banquet award winners and highlights on pages 33, 38, and 39!

Volunteers Needed for High School Mock Trial

The NBA Young Lawyers Division will once again host the Davidson County High School Mock Trial Competition on Friday and Saturday, February 22-23, at the Historic Metro Courthouse. Volunteers are what make this competition possible and both the YLD and the students greatly appreciate your time and support. For information on how you can help, visit NashvilleBar.org/MockTrial. n

Mark Your Calendars!

We’re already busy planning our 2019 events — save these dates for the coming year: Jan 25-26 | Diversity Committee: 1L Job Fair @ Waller Jan 29 | President’s Reception for Laura Smith @ Neal & Harwell Feb 22-23 | YLD Mock Trial Competition @ Metro Courthouse Mar 9 | NBF Fellows Dinner @ Loews Vanderbilt Hotel Apr 6 | YLD Race Judicata @ Edwin Warner Park May 3 | Law Day Luncheon @ Renaissance Hotel May 16 | Golf Tournament @ Vanderbilt Legends Club May 23 | Spring Memorial Service @ First Presbyterian Church Sep 26 | Annual Free Member Picnic @ Walk of Fame Park Nov 21 | Fall Memorial Service @ First Presbyterian Church Dec 3 | Board Meeting & Reception @ Nashville School of Law Dec 5 | Annual Banquet @ Music City Center

Jack Norman, Sr. Award Nominations

Nominations are now being sought for the Jack Norman, Sr. Award, which will be presented during the NBA Law Day Luncheon on Friday, May 3. Nominations and supporting documentation should be emailed to the NBA Criminal Law & Criminal Justice Committee Chair, Joshua Brand, at joshua@joshuabrandlaw.com, no later than Friday, March 1. Visit NashvilleBar.org/Awards to learn more. n

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Feature Story |

Karen Blake

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

Graphic used with permission from Lisa Pansini Creative Manager | Rocket Matter, LLC | 888-432-1529 x108 RocketMatter.com/handle-stress-avoid-attorney-burnout-infographic

What’s It Going to Take? A Challenge to Beat Holiday Stress Sometimes we ask ourselves, “What’s it going to take?” just to make it through the day, when our already-stressed lives tumble even more out-of-control. Of course, it might come in the form of “Why me?” or “Why now?” or “Curse you, Murphy’s Law!” Consider the stresses the legal profession places upon us. The business side of law (such as billing, advertising, client courting and courtesies, unending administrative emails, and employment issues) constantly chips away at the available hours in the day to actually practice, while finance, tax, and banking challenges plague us in our sleep. But, before we even get to work, we face the challenge of time on the tarmac. Nashvillians spend an average of 33 hours a year in rush hour traffic, according to INRIX’s 2017 Global Scorecard on Traffic. Add the holidays and typical year-end demands to the mix and it is no wonder we are deprived of sleep. Stress Can Create Physical Problems Recent research shows cells release RNA-proteins that turn into stress granules at the cellular level—which may negatively affect your health. From Alzheimer’s symptoms and super-sensitive hearing to memory loss and weight gain, the list of negative stress effects can take their toll. If you get migraines or a cold, often before a trial or impending deadline, you might suffer from stress. So, what’s it going to take to reduce it or at least make it manageable?

Some of us answer that question with alcohol, drugs, stimulants, or other indulgences (like the shop-a-holics or chocolate lovers) that leave us in worse shape—literally and figuratively— than when we began. According to the Tennessee Lawyers Assistance Program (TLAP), 70% of lawyers suffer from stress related issues; 18% of lawyers suffer from alcoholism and addiction; 33% of lawyers suffer from significant mental health issues. Ted Rice, Executive Director of TLAP, noted that out of about 350 new cases this year, about 50% came from Middle Tennessee alone. The good news is that TLAP offers more than just alcohol and drug recovery consults; it also offers a full spectrum of behavioral health services, including programs to help attorneys manage their stress and improve their well-being. In the new year, TLAP is planning a weekly group to help attorneys receive peer support. Volunteers “really have helped make the program accessible across the state,” said Rice. With the addition of two new clinicians in 2019, TLAP will be offering a twice-weekly general support group, an exciting development as TLAP celebrates its 20th anniversary in the new year. So, What’s Worked for Others? With a sophomore in Ravenwood High School and a firstyear student at the University of Virginia, Louise Brock, General Counsel, Labor & Employment at Bridgestone Americas, Inc., understands firsthand the demands mothers face when practicing law. Having relocated from Cincinnati four years ago, Brock is one of six labor and employment attorneys practicing at Bridgestone’s new North American headquarters in downtown (continued on page 8) (continued on page 00)

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Feature Story | Nashville, addressing issues for over 50,000 employees throughout the US. In her role, occasionally Brock has to travel, and finds it tough when she would rather be volunteering at her son’s events. Throw in the year-end performance reviews, annual budget management, and holiday events, and it becomes a logistical challenge. Brock discusses the key to reducing stress for her during the holidays, “... protecting my calendar. In other words, I block off specific times for working out or attending my son’s activities and share them on the family’s kitchen calendar. Then, I’m sure to protect those commitments. If someone at work sees that I’m busy on Outlook, then they need to check out available times instead of making demands on my current obligations. Calendar communication, coordination, commitment, and control give me such peace of mind.” Erin Polly Palmer, 2018 NBA President and attorney at Butler Snow said, “I tend toward anxiety, and that anxiety usually worsens around the holidays

What’s It Going to Take? (continued from page 7)

because of the added obligations. Along with the calming effect that my family and friends have on me, I get relief through running and listening to true crime podcasts. The combination of physical activity while listening to something that occupies my mind—along with a realization that I don’t have it as bad as the folks in my podcasts—is a huge help.” Sometimes, all it takes is perspective. Bill Bates, Farrar & Bates, is a threetime cancer survivor who continued to practice through those difficult times. At age 45, Bates was diagnosed with Stage 4 bladder cancer the same year his daughter was graduating from high school and looking at colleges. Bates remembers thinking that, “I’d never see my girl graduate from college. We are all engaged in things like litigation, death, divorce…a thousand different things,” but for him, the law became a balm. “It is my life’s work…it’s satisfying, comforting and challenging. When I was in chemo or radiation, it was a comfort, a distrac-

The Historical Committee has completed over 65 oral histories of NBA members!

THANK YOU to Heather Watkins at Franklin Pro Video Services for donating time to make this possible! Franklin, TN | 615-613-1245 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.

tion from everything else.” “The knowledge that you may die is a wakeup call to better understanding what is important in your life. Cancer taught me to better live and appreciate each day as a gift. Learning to meditate as a means of relaxation and insight helps keep work and life in better perspective. “Attitude is also very important,” he stresses with a sly smile that lets you know a whopper is coming, “I’m hard to kill and very resilient.” His advice is to not get drawn into bad things or the minutiae. “Whatever you are going through now is not going to last. It may seem bad in the moment, but it’s going to change. I developed a profound appreciation for another day or another week to live.” He feels that doing things for others and meditation were the most natural ways for him to break the cycle of stress. “Living life as if it’s your last day to live helps keep stress in check,” he suggests. Not just those who have practiced for years feel the long-term toll of stress. Denmark Grant, a new associate at Baker Donelson, is no stranger to the demands a practice puts on a lawyer and his family. Grant states that “[a]s someone who grew up with a father who was a busy litigator (Charles Grant), I saw firsthand the demands that accompany a profession that asks more from its practitioners than the traditional nine-to-five. He de-stressed by playing tennis, going on early morning family jogs at Granbery Park, visiting a massage therapist with my mom, and watching action/adventure movies with my older brother Donovan and me. In beginning my own career as a lawyer, these examples remind me to try to make the effort to blend relaxation time with family time.” “Budgeting at the end of the year (continued on page 28)

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

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

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

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

CAN YOU NAME THESE PEOPLE?

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

OCT/NOV GOLDEN OLDIES

No one was able to correctly identify the individuals in the August/September photo. From left to right: Stacey Garrett, Lisa Ewing, Karla Hewitt, and Marjorie Haynes.

Annual Statewide Seersucker Flash Mob We are proud to recognize

LAURA SMITH for her powerful leadership.

Laura Smith On Friday, August 31, the Nashville Bar Association assembled for its Seersucker Flash Mob—founded by attorney President, Nashville Bar Association and Tennessee Bar Association member Bill Haltom—at the iconic Woolworth on 5th in Nashville, Tennessee.

NES-29074-18-Nashville Bar Journal Ad-FINAL.indd 1

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

10/26/18 10:55 AM

Editorial |

A.J. Bahou

Blockchain Disruption: How Technology Is Revolutionizing Personal Wellness If you have not heard of Blockchain or Bitcoin, get ready for a disruptive technology in the new year. Blockchain is a foundational technology (like the Internet) that has the potential to impact every facet of your personal life and professional practice. By way of example, many of Nashville’s healthcare companies are creating pilot projects to use Blockchain in the delivery of healthcare services. In the future, you might have your medical records protected by the Blockchain and potentially controlled by you and your mobile device. Likewise, you will be able to send information from your smart watch, heart monitor, or other IoT (Internet of Things) devices to your healthcare “wallet” that is protected by the Blockchain and used during your interaction with your doctor. Blockchain and Bitcoin — What is it? Many of you might have heard of “Bitcoin.” Bitcoin is a cryptocurrency that uses Blockchain technology. Blockchain technology is a distributed ledger database that is a permanent record of digital transactions. In simple terms, the Blockchain records transactions, copies those transactions to other computers in the network, validates the information, and

stores copies of those transactions in many nodes throughout the network. Having multiple copies of the transactions make it difficult for hackers or others to change the data, because each computer node will reject improper changes to the Blockchain data. Because Blockchain technology can securely protect transaction data, the technology lends itself to securely recording cryptocurrency transactions, such as Bitcoin transactions. Bitcoin is one of many cryptocurrencies that can be used as money. One can use Bitcoin digital currency to buy anything, just like you a credit card. A key difference is that with Bitcoin digital currency, the transaction is directly between you and the other party. That is, there is no need to have an intermediary, a bank, or payment processor validate the transaction. With Bitcoin, the transaction is validated by computers in the network, and the money (digital currency) is transferred directly from your digital wallet to the recipient’s digital wallet. Once validated by “miners” in the system, the transaction is recorded in the ledger, your account is debited, and the recipient’s account is credited with the new Bitcoin (continued on page 12)

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Editorial |

Blockchain Disruption (continued from page 11)

that you transferred. Blockchain & Nashville Healthcare Companies Solaster is a Nashville-based Blockchain company that plans to use distributed technology to create an interoperable standard for healthcare. The future of healthcare will allow for payment on the Blockchain with a currency like Bitcoin but can also have many other useful features. Some benefits of using Blockchain in healthcare include (1) healthcare wallets, (2) patient data security, (3) care coordination among various providers, (4) supply chain management of medical products, (5) precision medicine, (6) clinical research, and (7) drug and vaccine provenance, and many other features.1 Wellness With the above technologies in the marketplace, you can better manage your wellness and healthcare by having a common portal of healthcare

data from all your providers. Once your medical records are available in a common format—protected by the Blockchain—you control your data and can use that data to improve your well-being. For example, your data will be at your fingertips and accessible by your mobile device. The advantage of aggregating your medical records and data on one platform will allow you to have a full picture of all your information in one place. Instead of needing to access some of your data from your primary care provider (such as on your primary doctor’s computer system) and other data stored by specialists on different platforms (such as Vanderbilt’s system), the Blockchain can provide a common—but secure—way to protect your healthcare data. In addition to collecting information from a wide variety of your healthcare providers, you can add data to your healthcare record between visits to your healthcare provider. For example, if you are performing exercises prescribed by your doctor for physical

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NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

therapy, you can record the results in your medical records associated with the Blockchain. The Blockchain can also automatically record exercise data from smart devices, such as a Fitbit or Apple watch. Imagine the opportunity to attend your next doctor visit with a full chart of your heart rate, weight recorded from a smart scale, blood pressure, blood sugar, or any desired benchmark for your wellness care. Conclusion Blockchain technology may be used to help record and protect digital transactions in a decentralized and secure way. This technology allows for secure payments and protection of transaction data, such as healthcare information. Once the user is in control of his/her own medical data, the consumer may use that information to positively impact his/her wellness, health, and happiness. n Endnotes Solaster, Solaster.io (last accessed Dec 8, 2018). 1

A.J. BAHOU—partner at Waller—is an intellectual property attorney who focuses on the intersection of law and technology. A registered patent attorney, trial lawyer, mediator and arbitrator, A.J. has extensive experience in the areas of electrical and computer engineering technologies, including Blockchain, artificial intelligence, virtual reality, medical devices, computer hardware and software, and Internet security systems. With 15 years of patent litigation experience, A.J. handles the full spectrum of intellectual property litigation from pre-complaint investigation through trial and appeal in matters involving patents, copyrights, trademarks, trade secrets, and commercial disputes. He has represented both plaintiffs and defendants in IP litigation in jurisdictions across the US.

BACKGROUND CHECK

Chancellor Anne Martin | Bart Pickett

One person who has taken the “New Year, New You” theme head-on is Davidson County’s newest Chancellor. Originally from Lexington, Kentucky, Chancellor Anne Martin’s blood bleeds blue. Following high school, Anne decided to attend Smith College in Northampton, Massachusetts. She majored in American Studies and served as the student government vice president. While at Smith, a chance meeting with Anne Brandt, the Dean of Admissions at Vanderbilt University Law School (VULS), brought Anne to Nashville. She graduated from VULS in 1992, which proved to not be a good year for law firms. Anne and her summer co-clerks found themselves without job offers going into their third year. Luckily for Anne, at least one law firm sought to grow: Dodson, Parker, Behm & Capparella decided it needed a new associate. While there, she began growing her own caseload, focusing on employment and business cases. Anne credits her time at Dodson Parker to truly helping her learn to litigate and developed an appreciation and respect for the courts. Her mentor, Margaret Behm, remains a great friend and confidante. In 2004, Bone McAllester & Norton set its sights on hiring some mid-level

experienced attorneys. Anne thought a change would be good and also give her a chance to take on a leadership and mentoring role. While at Bone, she represented additional businesses, though she also continued to represent individuals. She also matured her non-compete practice. In 2016, Chancellor Carol McCoy announced her retirement. Also that year, Anne chaired the federal magistrate selection committee. The combination of seeing contemporaries applying for magistrate positions, along with the support of other attorneys and suggestions that she apply for the chancellor position, is what led her to consider a move towards the bench. Ultimately, Anne chose not to apply for the chancellor position, as the timing proved less than optimal with multiple jury trials set and the responsibility she felt towards mentoring some of the younger lawyers at Bone. As her cases resolved and her mentees came into their own, Anne could not shake the idea of serving as a judge. With the “roadblocks” out of the way and having weighed her options, she decided to throw her hat in the ring in the summer of 2017. After a grueling year of campaign life, Anne found herself successful in the May 2018 election. Anne officially took the oath on August 31, 2018, with her first day on the bench being September 4. A few days later, she celebrated with a packed swearing-in, attending by her colleagues, friends, and family. The overflowing crowd served as a true testament to her character and the impact she has on people. When asked about the biggest difference she sees in her new role compared to a practicing attorney, Anne quickly quips, “The phone doesn’t ring and peo-

ple don’t email you.” The new quietness is a little scary for someone who spent the last year, and really her whole career, onthe-go. For once, she has more control of her own schedule, which provides her the flexibility she needs in raising a special-needs son. Anne partially fills her free time giving back to the community, and currently serves on the Nashville Cares and Nashville Bar Foundation boards. She also serves as an adjunct professor at Belmont University Law School where she teaches a course in client counseling. Anne can also be found doing one of her favorite hobbies, crossword puzzles. While on the campaign trail, she did not have time to do them, but she saved them. To cap off the end of one career, she took time to travel post-election to multiple beaches and Canada while working on those crosswords. In addition to starting a new job, Anne—along with her son, Clay, and their yellow lab, Lily—recently relocated to the Edgehill neighborhood where they remain zoned for Hillsboro High School, where Clay is a sophomore. Anne looks forward to the New Year and all the changes happening in her life— both professionally and personally. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups in litigation throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

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) 631-9729

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

Michael RUSSELL (615) 815-0472

Tracy SHAW (615) 921-5204

Mark TRAVIS (931) 252-9123

Jack WADDEY, Jr. (615) 850-8752

Matt SWEENEY (615) 726-5774

John TARPLEY (615) 259-1366

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

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

—Be all the dog you can be. Justice Ruth Bader Ginsburg She, of the recently broken ribs, probably says it better with her “Fight for the things you care about, but do it in a way that will lead others to join you.” With a campaigning season behind us, we now must prepare for the harder governing season. Congratulations to all the candidates in our state in the recently concluded election cycle. More than a little bit of courage is necessary to obtain the 25 signatures of registered voters for your nominating petition, raise some money, knock on the doors, avoid the mean dogs, raise some more money, make the speeches, and to devour vast amounts of barbecue and rubber chicken. Even in a digital media world, food and drink are still the WD-40 of politics. Congratulations to the Victors Of course, special congratulations are in order for the victorious candidates. To you, welcome to the high honor and great responsibility of governing our state. For Governor-Elect Bill Lee, the 73-day period between Election Day and Inauguration Day will fly by. For our legislative friends who are newly elected to the 111th General Assem

bly, their new terms began on November 6. The General Assembly, however, will not convene until January 8. Senate Speaker Randy McNally is expected to continue in his position, but the House of Representatives will elect a new Speaker on January 8. The General Assembly will then stand in recess until the Inauguration on Saturday, January 19. After Governor Lee is sworn in, the Speakers will announce their committee appointments. When the Inaugural events are concluded, the General Assembly will go back into recess before reconvening on Monday, February 4. The 2019 session is expected to run until mid-May. 2019 Legislative Issues 1. State Budget. It’s the only bill among 1,500 or so to be filed that must be passed. 2. Online Sales Tax. The June 21, 2018, decision of the US Supreme Court in South Dakota v. Wayfair, Inc. overturns the 1992 Quill decision. States may now charge sales tax on a purchase made from an out-of-state retailer even if the retailer does not have a physical presence in the taxing state. For Tennessee, which is heavily dependent on the sales tax as the key of its tax base, the decision will provoke interesting conversations for our legislative friends.

3. Opioid Epidemic. Opioids continue to ravage Tennessee. The General Assembly will have to respond as the epidemic shows signs of evolving into one with cheaper and more easily available heroin. 4. Access to Health Care. 9.5% of Tennesseans do not have health insurance. The 2018 gubernatorial election made crystal clear the differences between the two candidates on the issue of expanding the state population eligible for Medicaid under the 2010 Affordable Care Act. Governor Lee’s victory will lead him to begin conversations on hospital closures and rural provider shortages as well as addiction treatment capacity. Checklist for December & January 1. Congratulate your state legislative officials on their election. The three new members of the Davidson County delegation are Vincent Dixie, Bob Freeman, and Jason Potts. 2. Be sure all your canine friends are on your holiday gift list. It helps us be all the dog we can be. 3. Send a personal note of thanks to your legislator if he or she is among the large number who did not seek reelection. Once a member, always a member. 4. For the CLE procrastinators among you, note the double feature NBA film presentations on Thursday and Friday, December 27-28 in the NBA offices. Calendar Notes NBA offices will be closed Monday through Wednesday, December 24-26, and Monday and Tuesday, December 31 and January 1. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Friday FUNdamentals January – April 2019 The Nashville Bar Association is excited to announce its third annual Friday FUNdamentals program for first and second year attorneys which is designed to: • Train new lawyers in practical skills

January

11 17 25

• Provide networking opportunities among peers • Hone skills in practical aspects of client representation

February

1 8 15 22

Each Friday FUNdamentals program provides one and a half hours of practical knowledge and training from experienced attorneys in the Nashville and Middle Tennessee community. Topics that will be covered are listed to the right. The 14-week program runs from January through April 2019 and is FREE to first and second year attorney members as a benefit of their NBA membership.

For more information, visit NashvilleBar.org/FridayFundamentals today! #NBAFridayFUNdamentals

Drafting Pleadings & Motions to Win Davidson County Courthouse & Criminal Courthouse Tours* Personal Injury Practice

Negotiations & Mediation Managing the Attorney-Client Relationship & Firm Practice Fundamentals Issues in Representing Businesses Written Discovery for Dummies

March

1 8 15 22 29

Divorce & Family Law Fundamentals Surviving Your First Deposition Planning Ahead: Estate & Probate Fundamentals Juvenile Justice & Tour* The Inside & Outside of Corporate Practice

April

5 9 12

How to Win at Trial "Meet the Judges" Reception Appellate Practice Fundamentals

*Time TBD (All other programs run from 11:30am to 1:30pm and are held at the NBA unless otherwise noted). For more information and/or to register, visit NashvilleBar.org/FridayFundamentals.

BILL & PHIL’S GADGET OF THE MONTH

Mindfulness Gadgets & Apps | Bill Ramsey & Phillip Hampton

We were so excited when we were asked to write an article on tech “mindfulness.” As you know, we are always mindful of where and when we can acquire the latest gadget(s). Then, we learned that mindfulness is defined as: a mental state achieved by focusing one’s awareness on the present moment, while calmly acknowledging and accepting one’s feelings, thoughts, and bodily sensations, used as a therapeutic technique. That made Bill’s eyes sparkle in remembrance of his old hippie days, and the slogan “Be Here Now,” and his dog-eared copy of the book by Ram Dass with the same title that still smells like sandalwood incense. So, off we went on a search for apps and gadgets that help with “Being Here Now.” Our research revealed that we already practice an essential element of mindfulness—“journaling.” We have been practicing “journaling” for quite some time, but we did not know it was related to mindfulness. We called it “note-taking,” and we know that taking notes by writing helps you remember better than taking notes by typing. In a 2016 study published in Psychological Science, Pam A. Mueller of Princeton University and Daniel M. Oppenheimer of the University of California, Los Angeles, sought to test how note-taking by hand or by computer affects learning:

When people type their notes, they have this tendency to try to take verbatim notes and write down as much of the lecture as they can, Mueller tells NPR’s Rachel Martin. The students who were taking longhand notes in our studies were forced to be more selective—because you can’t write as fast as you can type. And that extra processing of the material that they were doing benefited them. You can take notes by writing on paper, or you can take notes by writing on a computer or tablet screen. You can achieve the benefits observed by Mueller and Oppenheimer either way. For writing on paper, we recommend journals by Moleskine or Leuchtturm, but there are many others available. We find that the act of note-taking on a fine piece of paper in a journal is calming, in and of itself. But, you can also take notes in apps, such as OneNote, Evernote, Bear, Squid, or Simple Note, among others. Additionally, there are also two systems that combine note-taking on paper with the option of automatically uploading them to digital storage. Moleskine makes a “Smart Writing Set” that captures writing in a special Moleskine notebook and automatically transfers the notes “from page to screen.” It even features handwriting recognition, as long as your handwriting is better than that of the average doctor. But, it is expensive—it costs $199, and replacement notebooks are $29.95. A more interesting and “gadgety” system is Rocketbook (GetRocketbook. com), “the endlessly and reusable intelligent notebook.” The two most interesting models of this

notebook are the Everlast ($32) and the Wave ($25). The system is almost magic, especially the Wave. First, you take notes, with a special pen (that Rocketbook provides). Then, you choose a destination by designating it on symbols at the bottom of the page. (The destinations can be OneNote, Evernote, Box, email, Slack, Google Drive, and many more, and they are designated via a free app). You then take a picture of the page with your phone or tablet, and the page automatically goes to the designated destination. You can use the handwriting recognition features of Evernote, OneNote, or others if you wish. Then, when your notebook is full, you do not have to buy another one. With the Everlast, you just erase the writing with a damp cloth, and you can start over with all the pages blank again. But, the Wave has the magic. To erase the writing in the Wave, you put it in a microwave with a mug of water on the top of the cover. When the logo turns from dark to light, the writing in the notebook is magically erased. We have no idea of how it actually works. “Journaling” takes this concept to another level. It is more than the note-taking and to-do list making that we do. It is more like keeping a diary, and journaling can be an essential component of mindfulness. In the 1960s, people called it keeping a diary. Among the touted benefits of keeping a journal are: confronting your thoughts and emotions, exploring your curiosities, and facing your feelings head-on. The reflection on these feelings in a journal are supposed to get you out of your head and “Be Here Now.” Bullet Journaling is a type of journaling that has recently become very (continued on page 18)

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Mindfulness v. Meditation | Karen Blake Subtle differences exist between meditation and mindfulness. They are different approaches to the same goal: stopping the insanity by taking a break from it all. When we think of meditation, we commonly envision someone seated on the floor with crossed legs, chanting, or humming. Mindfulness, however, can be done anywhere at any time, for as long or as little as you like. Instead of focusing inwardly as meditation does, mindfulness looks outwardly, using all five senses to focus on a singular point. Sometimes the focus is on an object—noticing its colors, textures, weight, odor, or reflection. Mindfulness can even be used in the shortest moments, such as when going up an elevator, waiting in traffic, or standing in a checkout line. Writing about the neuroscience of mindfulness meditation for The Chopra

Center, Sarah McKay provides this useful example: [W]hen you’re brushing your teeth, you may notice: the flavor of the paste on your tongue. The smell of the paste coming through your nostrils. The cooling sensations. The way the toothbrush moves over your teeth and gums. The sounds of the bristles moving back and forth in your mouth. Your reflection in the bathroom mirror and the lighting in the bathroom. The tingling sensation of the paste on your gums and teeth. During your mind’s maelstrom of ideas, checklists, and forget-me-nots, practice taking this type of break. It can lead to greater recall, too. People—particularly

Gadget of the Month | popular. You can learn more at BulletJournal.com. Can you believe that there is even an instruction book and an app to teach you the method? It supposedly allows you to combine the benefits of journaling for mindfulness, to-do list creation, and note-taking for business or personal matters. While there is a learning curve, many folks swear by its benefits. This whole mindfulness thing sent Bill searching for “Be Here Now” swag. There is a “Be Here Now” journal by Krishna Puri available for $4.99, and a “Be Here Now” app available on the BeHereNow network at BeHereNowNetwork.com. Other journaling apps are Day One – a very simple app that is super easy to use, it’s free, but the premium version is $34.99 per year; Moodnotes – another

Mindfulness Gadgets & Apps (continued from page 17)

simple app that helps you keep track of your moods and emotions, $4.99; Journey – which uses Google Drive to sync and backup your entries, free with a premium upgrade for $29.99 per year. Aside from journaling, there are mindfulness apps that help you achieve inner peace. (We do find it ironic that you can supposedly achieve mindfulness by using an app on a smartphone.) The most popular is Calm, a free download, with an optional subscription. It gives you calming sounds, voice-led meditation, and “sleep stories.” We also like Buddhify, $2.99 on iOS and Android, and The Mindfulness App, which offers a free trial. Buddhify has a wide variety of meditation you an personalize. The Minfulness App features features guided meditations, reminders

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

attorneys—can benefit from more focused attention, relaxation, positive shift moods, and increased self-awareness. As reported by Everyday Health, a set of 47 trials found that 3,515 participants who tried mindfulness meditation programs experienced less anxiety, depression, and pain. Other studies found changes not only in brain structure, but also function, even after only an eight-week program. A simple Internet search yields multitudinous resources for mindfulness, meditation, and wellness programs. Search iTunes and one can find applications, such as Calm, Headspace, Pacifica, and Joyable. One can also check out “Free Mindfulness Apps Worthy of Your Attention.” Many of these applications have free trial programs—and a free month trial might be what we all need during the holidays. n

to relax, and it can integrate with other health-related apps. n

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. T HURS DAY, DECEMBER 2 7 | LIVE SE M I N A R

TH U R S D AY, D E C E M B E R 27 | LI V E SEMIN A R

CLE FILM FESTIVAL

OVERVIEW

Are you looking for a fun way to earn your ethics and professionalism CLE credits? Enjoy a classic legal movie as you uncover legal ethics and professionalism traps and pitfalls.

This seminar features The Big Short, a film that portrays numerous ethics and professionalism issues in attorney practice.

This seminar features The Post, a film that portrays numerous ethics and professionalism issues in attorney practice. Following the film, join your colleagues in a lively discussion of the issues and challenges illustrated in the movie.

The Big Short

Following the film, join your colleagues in a discussion of the issues and challenges illustrated in the movie. The following ethical issues will be discussed: • The Acronyms of Ethics in the Financial Services Industry • Transparency – How Lawyers Can Violate Professional Ethics by Remaining Silent or by Disclosing Too Much • Ethics of Complicity – Failure to Properly Advise, Monitor, or Report (the difference between Whistleblowing and Libel) • Ethical Responsibilities of Financial Fiduciaries PRESENTER Kelly Frey, Nelson Mullins

The Post

PRESENTER Karl D. Warden, JD, LLM D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST

D E TA I L S

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139

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

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:15pm

For registration after December 20, add a $10 late fee.

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 20, add a $10 late fee.

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

FRI DAY, DE CEMBER 2 8 | LIVE SEMINA R

FR I D AY, D E C E M B E R 28 | LI V E S E MIN A R

CLE FILM FESTIVAL

OVERVIEW

Are you looking for a fun way to earn your ethics and professionalism CLE credits? Enjoy a classic legal movie as you uncover legal ethics and professionalism traps and pitfalls.

Are you looking for a fun way to earn your ethics and professionalism CLE credits? Enjoy an award-winning and poignant movie as you uncover legal ethics and professionalism traps and pitfalls.

Runaway Jury

This seminar features the film Runaway Jury, based on another of John Grisham’s clever novels that touches on the ethical issues at work in jury selection and jury interaction during trial including the use of social media and juror research in assisting juror selection. Join your colleagues for the entertainment of the movie and a discussion of the practical, ethical issues for lawyers in trial practice. PRESENTERS Robert L. Delaney, Tune Entrekin White James Weatherly, Weatherly, McNally & Dixon, PLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Fruitvale Station

This seminar features Fruitvale Station, a riveting recounting of a New Year’s Eve murder that opens the discussion for numerous ethics and professionalism issues in attorney practice. Following the film, join your colleagues in a discussion of the issues and challenges illustrated in the movie. Topics include: • The role of lawyers during culturally significant moments— presenting evidence, protecting clients and dealing with jury bias. • You’ll still be a lawyer when it’s done—battling a known adversary with civility. PRESENTER P. Danielle Nellis D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm

COST

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 21, add a $10 late fee.

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 21, add a $10 late fee.

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

T HURS DAY, J ANUARY 2 4 | LIVE SEMI N A R

TH U R S D AY, JA N U A RY 31 | LI V E SEMIN A R

LUNCH WITH JUDGE AMANDA MCCLENDON

45: YEAR TWO

OVERVIEW

ANNOUNCING THE 2019 LUNCH WITH THE JUDGES CLE SERIES! We are pleased to announce the 2019 Lunch with the Judges CLE series featuring Davidson County Chancellors and Judges. On the fourth Thursday of the month, the NBA will provide a pizza and salad lunch at 11:30am. From 12:00 to 1:00pm, there will be an hour-long CLE related to courtroom practice with opportunity for questions. The CLE series is as follows: • Jan 24 | Judge Amanda McClendon • Feb 28 | Chancellor Ellen Hobbs Lyle • Mar 28 | Judge Joseph P. Binkley • Apr 25 | Chancellor Anne C. Martin • Jun 27 | Chancellor Russell T. Perkins • Jul 25 | Judge Mark J. Fishburn • Sep 26 | Judge Kelvin Jones

A Look Back on Environmental & Energy Policies During the Trump Administration’s Second Year OVERVIEW Living up to his campaign platform, President Trump’s first year in office ushered in radical change for environmental and natural resources law. The second year, however, was one of litigation gridlock and stalled efforts, yet the direction of change has not wavered. This seminar brings together three local experts to assess in broad terms Year Two of the Trump Administration and where it is headed. This seminar will be held at a meeting of the NBA Environmental Committee. All are welcome. The event is free, with a fee for those seeking CLE credit. A complimentary lunch will be provided by our lunch sponsor. PRESENTERS John Dawson, Bass, Berry & Sims Greg Young, Burr Forman

The first seminar with the judges features Judge Amanda McClendon, Circuit Court Judge. Join in as she addresses issues, tips, and insights related to practice in Davidson County Circuit Court.

Additional presenters to be announced online at NashvilleBar.org/EnvironmentalLaw.

PRESENTER

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

Hon. Amanda McClendon, Circuit Court Judge

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

D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST

D E TA I L S

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after January 29, add a $10 late fee.

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59 For registration after January 22, add a $10 late fee.

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

P L I LIVE WEBCASTS Liv e CL E Cred i t f r om Innov a t iv e We bc ast s

P LI LI V E WE B C A S TS Li ve C LE C redi t f rom I nnovat i ve Web c a s ts OFCCP & Government Contractors: Critical Issues for Government Contractors, Counsel & Compliance Staff February 11, 12:00 – 4:00pm 3.5 General

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. Ethics for Corporate Lawyers December 20, 1:00 – 3:30pm

2.0 Dual

Complimentary breakfast included.

Advising Nonprofit Organizations February 21, 8:00am – 4:00pm

6.25 General

Complimentary breakfast included.

2.08 Dual

Secured Transactions: What Lawyers Need to Know About UCC Article 9 January 7, 8:00am – 4:00pm 6.25 General Complimentary breakfast included.

Investing, Trading, and Doing Deals in a Dynamic World January 15, 12:00 – 4:15pm 3.75 General Drafting and Negotiating Corporate Agreements January 16, 8:00am – 4:00pm 1.0 Dual | 5.5 General Complimentary breakfast included.

Private Fund Regulatory Developments and Compliance Challenges January 31, 12:00 – 4:15pm 3.75 General Government Investigations Investigations Arising From Data Breach and Privacy Concerns and Parallel Proceedings February 1, 8:00 – 11:30am 3.0 General Complimentary breakfast included.

Cybersecurity Best Practices for Legal Services Providers February 4, 8:00 – 11:30am 3.0 Dual Complimentary breakfast included.

Dually-Registered Broker-Dealers and Advisers— Regulatory, Compliance and Enforcement February 6, 12:30 – 4:00pm 3.0 General

Ethics for Commercial Litigators February 21, 8:00 – 10:10am

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

Artificial Intelligence Law February 22, 8:00am – 4:00pm

1.01 Dual | 5.0 General

Complimentary breakfast included.

Corporate Governance - A Master Class March 8, 8:00am – 4:00pm 1.0 Dual | 5.0 General Complimentary breakfast included.

Cool Compensation Considerations for the Private Company: Pay, Performance and Perspectives March 11, 11:30am – 4:30pm 4.5 General Ethics for Corporate Lawyers: Multijurisdictional Practice and Other Current Issues March 13, 2:00 – 4:10pm 2.0 Dual All Star Business Development for Lawyers March 14, 8:00 – 11:45am

1.0 General

Complimentary breakfast included.

Ethics in Social Media March 15, 8:00 – 11:30am

3.0 Dual

Complimentary breakfast included.

How to Read Financial Statements March 29, 12:30 – 4:15pm Psychological Issues in the Workplace April 3, 12:00 – 4:00pm

3.25 General

3.5 General

NB A ONLINE SEMINARS P erso n al i zed Le a r ning on Your Sc hedul e

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

is the exclusive online support network for the NBA.

The 2018 Ethy Awards December 27, 9:00am – 12:15pm

3.0 Dual

Ethics Six-Pack: Full Day Program December 27, 9:00am – 4:30pm

6.0 Dual

Ethics Three-Pack #1: Half-Day Program December 27, 1:00 – 4:30pm

3.0 Dual

Nice Lawyers Finish First December 27, 1:00 – 2:00pm

1.0 Dual

Don’t Be an Outlaw The Ethycal Imperative to Follow the Law December 27, 2:15 – 3:15pm

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Lies, Damn Lies & Legal Marketing The Ethics of Legal Marketing December 27, 3:30 – 4:30pm

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Ethics Three-Pack #2: Half Day Program December 28, 10:00am – 1:30pm

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If You Can’t Say Something Nice, Shut Up! The Ethycal Imperative for Civility December 28, 10:00 – 11:00am

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Don’t Try This At Home Why You Should Never Emulate TV Lawyers December 28, 11:15am – 12:15pm

1.0 Dual

Legal Ethics is No Laughing Matter What Lawyer Jokes Say About Our Ethical Foibles December 28, 12:30 – 1:30pm 1.0 Dual

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NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

Editorial |

Erin Palmer Polly

Reflecting on 2018: A Year in Review I fielded many questions during my tenure as president of the Nashville Bar Association, but the question that I was asked the most—and the question that I was most excited to answer was—so, what’s going on with the bar association? I was thrilled to answer question, and I was seriously overzealous in answering it. I would start by touting some of our hallmark events, then I would rattle off some of our newer events; finally, I would catch my breath and realize I had talked about the NBA for at least five straight minutes. I love and am proud of what we do at the NBA. It has been my privilege to be a member for 16 years and to serve as President. As a final sign-off, I want to share some of my favorite events of 2018. Biscuit Breakfast This year, we implemented a quarterly Biscuit Breakfast, where new members were invited to eat breakfast at the NBA office with Executive Director Monica Mackie, the NBA team, and several members of our Board of Directors. With our growing membership numbers, the Biscuit Breakfasts have provided a great opportunity to meet new members and to educate them on the many benefits of the NBA.

Diversity Summit Hundreds of our members came together to discuss the critical topic of diversity in the legal profession and beyond. We engaged in honest and meaningful conversations prompted by an all-star roster of presenters that raised awareness, promoted efforts to improve diversity, and resulted in a continued commitment to champion diversity among our members. Thank you to Tim Capria and Kaya Porter for their incredible work. Zoo Day My favorite people in the world are my husband, Ben, and my daughter, Katherine. I never have enough time with my family, and I know that sentiment is true for so many of our members. Realizing this, the NBA created Zoo Day. The NBA covered the cost of admission to the Nashville Zoo for members and their families, which gave members the opportunity to not only socialize with one another, but also to spend some much-needed time with their families. I love what this event represents—the NBA listening and responding to the ever-changing needs of its members. (continued on page 26)

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Editorial |

Reflecting on 2018 (continued from page 25)

Historical Committee I love this committee. Sure, the committee hosted two memorial services this year, recorded the oral histories of almost 70 members (available to watch at NashvilleBar.org/OralHistories), and hosted a CLE on the Stringbean murders with over 450 attendees. But, what I really love about this committee is that its members are the titans of the bar who have earned the right to rest on their laurels, but who remain actively engaged and involved in the NBA with an eye toward constantly challenging us to be better. Partnerships We are better together. Realizing this, the NBA partnered with two other bar associations this year. We partnered with the Napier-Looby Bar Association to create the Nashville Bar Exchange through which representatives of each organization came together and engaged in open conversations about race in the legal community and to foster lasting relationships among our members.

Thank you to Chris Bellamy and Sara Beth Myers for their efforts in creating and facilitating this program. We also hosted a CLE with Napier-Looby on the trial of Bobby Frank Cherry and a CLE with the Lawyers’ Association for Women on Ruth Bader Ginsburg. I hope that these partnerships continue to grow over the coming years. Thank you to Napier-Looby President Amy Willoughby Bryant and LAW President Ashonti Davis for helping make these partnerships possible. Giving Back We focused not only on bettering our profession but also on bettering our community. We donated hundreds of snack packs to homeless teenagers, sorted food for Second Harvest Food Bank, painted a local high school with Hands on Nashville, served food at the Nashville Rescue Mission, and helped build a house for Shonda Smith and her family with Habitat for Humanity. So many of our members volunteered in the community in the name of the bar association

with the goal of improving the community. The reality is, if our members who participated in these events are anything like me, they improved themselves in the process. Young Lawyers Division My introduction to the NBA came through the Young Lawyers Division in 2003, and it was the YLD that instilled an appreciation for bar association involvement. I’ve always admired the way that the YLD seamlessly has combined its two unstated objectives—promoting fun, fellowship, and giving back to the community. Under the leadership of Tera Rica Murdock, the YLD persisted in this mission. It hosted the Mock Trial Competition, Race Judicata, Arts Immersion, Carbolic Smoke Ball, Brews for Backpacks, and Cocktails for Costumes—all the while amassing tens of thousands of dollars for local charities, along with backpacks and Halloween costumes, and instilling in young lawyers an appreciation for bar association involvement. It has been an amazing year for the NBA. Thank you to everyone who contributed so much to making this year so very incredible. I have only touched the surface, so if you want to know more about the NBA, reach out to Monica Mackie, any member of our Board, or me. I promise, I will try to stick to a five-minute limit. I cannot wait for you to see what the NBA has in store for 2019 under the leadership of Laura Smith. n

and general litigation.

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

ERIN PALMER POLLY is a litigation attorney at Butler Snow and 2018 past president of the NBA, focusing her practice on commercial litigation, civil rights, professional liability, (continued on page 27)

Editorial |

Reflecting on 2018 (continued from page 26)

Erin & Daugher Katherine, NBA Zoo Day

Above: NBA Habitat for Humanity Home Build, Day 1 Below: Erin Palmer Polly, Sol Weisenberg, Laura Smith Dan Berexa, Erin Palmer Polly, Lauren Patten, Joel Welborn

Erin Palmer Polly with Butler Snow Team, NBA Trivia Night Erin Palmer Polly, Luther Wright, Judge Sheila Calloway

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Feature Story | for a nonprofit adds additional end-ofyear stress because a lot depends on donations from donors,” says DarKenya Waller, Executive Director of the Legal Aid Society. “While cuts and pledges ebb and flow, my family is my first go to—whether it’s game night or going to a movie. My husband and I are contemplating CrossFit, but I’m a little afraid.” (Editor’s note: Aren’t we all?) But her best stress buster? A hug from her 8-year-old. Doug Berry, Miller & Martin, said that when he was a young litigator with a demanding schedule, “...nothing was better to relieve stress than to play basketball. Before a huge trial, I learned that to escape the city and just breathe deeply helped. Compartmentalization is always a great technique—imagining leaving the stress physically behind in the city.” Now, he enjoys spending time on his family farm, where relaxation is the center of activity. Berry’s technique is also great to bust the stress that is compounded by a tough commute. When one sees a significant landmark at the halfway point, see “to do” list posted there. You can focus on relaxing your body on the rest of the ride home (but stay awake!). Jim DeLanis, who not only practices law, but is also Davidson County Election Commission Chair, points out that this year has been one of the Commission’s most challenging, but building in a routine helps a lot. DeLanis believes that through the stressful times, “you have to institutionalize stressbusters. Add a workout to your calendar just as you would a court date. And keep it.” His choice: handball. “If I have a 6:00am match twice a week, I have to get there because three others are depending on me. Accountability is a great way to ensure you will show up.” Ann Butterworth, Assistant to the 28

What’s It Going to Take? (continued from page 8)

Comptroller for Public Finance, said, “I have learned that unfortunately, I am neither a super hero nor an alien and must rely on my favorite “F” words: • Friends • Family (including furry four-legged) • Forgiveness • Food (healthy) • Faith • Fun • Forty winks • Fitness Recent research demonstrated that even just ten minutes of mild, not very strenuous, exercise can benefit the brain, helping us remember more. But not all of us are athletes. In fact, many suffer from disabilities or other challenges that make it difficult to get regular exercise. Plus, most of us just don’t seem to have the time to dedicate to something new, right? Wrong. Obvious Conclusion So, what’s it going to take to get you to consider ways to beat the stress? Working out, meeting with friends and family, meditating, controlling your calendar, keeping things in perspective, walking in nature, or beginning a mindfulness practice. You can probably think of even more ways, but the key is to commit to your own well-being and health so that you, too, can enjoy the season, not sweat the small stuff, and just relax. n KAREN BLAKE, Conflicts Attorney at Baker Donelson and former City Attorney of Franklin, Tennessee, has practiced meditation since living and working in Japan 30 years ago. Her other favorite stress-busters are travel, walking to and from work, and cheering on the Nashville Predators.

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

STATEMENT OF OWNERSHIP Required by DMM 207.8.3.3; USPS Form 3685 1. Publication Title: Nashville Bar Journal 2. Publication Number/ISSN: 21962/15487113 3. Filing Date: 11/16/18 4. Issue Frequency: Bi-monthly 5. Number of Issues Published Annually: 6 6. Annual Subscription Price: $25.00 7. Mailing Address of Office of Publication: Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419 8. Mailing Address of Headquarters of Publisher: Same 9. Publisher: Jill Presley, Editor: Bill Ramsey, Managing Editor: Caroline Hudson, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419 10. Owner: Nashville Bar Association 11. Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1% or More of Total Amount of Bonds, Mortgages or Other Securities: None 12. The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes has not changed during preceding 12 months. 13. Publication Title: Nashville Bar Journal 14. Issue Date for Circulation Data: 10/10/18 15. Extent & Nature of Circulation: a. Total Number of Copies (net press run) 2562 2470 b. Paid Circulation (by mail & outside the mail) (1) Mailed Outside County Paid Subscriptions 318 301 (2) Mailed In-County Paid Subscriptions 2185 2146 (3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales, etc. 0 0 (4) Paid Distribution by Other Classes of Mail Through the USPS 9 8 c. Total Paid Distribution 2512 2455 d. Free or Nominal Rate Distribution (1) Free or Nominal Rate Outside County 0 0 (2) Free or Nominal Rate In-County 0 0 (3) Free or Nominal Rate Copies - Other Classes 0 0 (4) Free or Nominal Rate Copies - Outside USPS 0 0 e. Total Free or Nominal Rate Distribution 0 0 f. Total Distribution 2512 2455 g. Copies Not Distributed 50 15 h. Total 2562 2470 i. Percent Paid

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17. This statement of ownership will be printed in the December/January 2018-19 issue. 18. I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including multiple damages and civil penalties). — Jill Presley, Marketing & Communications Director, Nashville Bar Association, October 31, 2018

Editorial |

Kristin Thomas

Emerging Legal Trends in 2019 As 2019 approaches, we look ahead to what Nashville professionals may expect in the New Year. Technology and security continue to loom large on the national and international levels, but what can Nashville lawyers expect? Local It is no secret that Nashville is experiencing growth of an unprecedented scale. Worldwide, Nashville is known as Music City, but there is more to it than the Grand Ole Opry and the alluring glow of Broadway. Nashville boasts a health law industry with HCA and Vanderbilt. There is also a booming intellectual property market that is continuing to explode. Within the past five years, two major companies1, Bridgestone Americas, Inc. and Hardee’s ®, consolidated divisions and relocated respective headquarters to downtown Nashville.2 This year, AllianceBernstein and Nokian Tyres North America announced the relocation of their firms’ headquarters.3 Nashville was a finalist on the Amazon HQ 2.0 list and Norfolk Southern is considering a move to the Gulch.4 For the legal community, this means an increase in transactional and contract law for new and established law firms. In 2018, two well-known

national firms entered the Nashville market: McGlinchey Stafford5 and Stern & Eisenberg.6 National The Supreme Court of the United States (SCOTUS) continues to set the pace and tone of litigation across the country with Tennessee being no exception. Patent lawyers need look no further than two recent SCOTUS decisions, TC Heartland v. Kraft and Matal v. TAM, to see the direct impact. A glance at the 2018-19 docket7 hints that 2019 will be another busy year. On the docket are cases touching areas of bio-medical and pharmaceutical regulation, patent and copyrights, commerce regulation, states’ rights, and tribal rights related to US treaties. Close to home is the case of Tennessee Wine & Spirits Retailers Association v. Byrd, which discusses the impacts of the 21st Amendment and the Dormant Commerce Clause. Additionally, courts across the country are seeing several class action suits filed against social media and technology companies. State Attorneys General(s), and even the Department of Justice, are getting in on the action by inves(continued on page 30

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Editorial |

Emerging Legal Trends in 2019 (continued from page 28)

tigating alleged antitrust violations and violations of consumer protection laws. International Across the pond, the European Union’s (EU) 2018 enactment of General Data Privacy Regulations (GDPR) ignited the arduous task of vigorously enforcing compliance in various industries, including the blocking of non-complaint US-based news organizations’ websites and filing litigation against Facebook and Google. Any business with clientele who are citizens of a country in the EU will need to familiarize themselves with current and forthcoming laws on personal data in the EU. The GDPR has inspired the US legislature to follow suit in seriously considering the wider implications of technology: how it is used, regulation (or lack thereof), censorship issues, and a plethora of privacy considerations impacting all US citizens. Another buzz word in the legal arena for 2019 is Artificial Intelligence (AI). AI is quickly maturing into commercially viable products and courts have innovative decisions to make on how technology will be regulated within the US legal system. For instance, algorithms currently assist judges in several states in determining bond eligibility through a privately developed risk assessment tool.8 Today’s technology can even assist with jury and witness research. By locating and tracking an individual’s digital footprint, lawyers can now rely on technology to determine the likelihood of a favorable verdict based on his or her preferences and other data. Another less sci-fi and more relatable change in technology and litigation is how lawyers deal with eDiscovery. 30

Gone are the days are rooms full of attorneys reading thousands of pages from bankers’ boxes. Today, a computer program can analyze millions of pages, determine responsiveness, and make connections based on contextual clues and search terms. Implications of AI are not limited to technology. The next year will see further legal entanglement of ethics and business. With an AI revolution in its infancy, developments in 2018 alone have proven the ability of technology to grow exponentially beyond our current trajectory. Technology in all forms is having an impact on bettering efficiency and accuracy of the legal system, but the question is, how will this effect lawyers and laypeople? It would be overly optimistic to presume it will allow lawyers to live less hectic work lives and make the most of their personal time. The only constant is change. How we lead our clients through legal hurdles and litigation on a local and global scale is revolutionizing. Emerging technologies and increasing privacy concerns create obstacles and opportunities at an alarming rate. However, armed with knowledge of current and future trends, we are able to anticipate the course being charted by our technological counterparts and react with proper rules and regulations to protect and grow each client with precision of a surgeon. n Endnotes Tim Bryant, Hardee’s Headquarters Moving to Nashville, St. Louis Post-Dispatch, Mar. 7, 2016, available at S TLtoday.com/business/ local/hardee-s-headquarters-moving-tonashville/article_c0e82322-a572-5e70-91f3820818b5394c.html. 1

Neil Orne, Bridgestone Americas Moves to Downtown Nashville, WKRN, Jan. 19, 2017,

available at WKRN.com/news/local-news/ bridgestone-americas-moves-to-downtownnashville/1057431518. Evelyn Cheng, An old Wall Street money manager with $500 billion is moving to Nashville from Manhattan to save money, CNBC, May 2, 2018, available at CNBC.com/2018/05/02/ alliancebernstein-is-moving-to-nashville-frommanhattan-to-save-money.html. 3

Jarred Schenke, Rail Giant Eyeing HQ Relocation To Gulch?, Bisnow Atlanta, September 7, 2018, BisNow.com/atlanta/ news/office/rail-giant-eyeing-hq-relocation-togulch-92624. 4

McGlinchey News Release, McGlinchey Stafford Expands Into Tennessee, Opens New Nashville Office, McGlinchey Stafford PLLC, July 17, 2018, available at McGlinchey.com/ McGlinchey-Stafford-Expands-Into-TennesseeOpens-New-Nashville-Office-07-17-2018. 5

Press Release, Stern & Eisenberg Expands into Tennessee and Alabama, now Services 12 States and the District of Columbia, Stern & Eisenberg Attorneys at Law, July 23, 2018, available at SternEisenberg.com/the-blog/ stern-eisenberg-expands-into-tennessee-andalabama-now-services-12-states-and-thedistrict-of-columbia. 6

Granted and Noted List–October Term 2018, Supreme Court, available at Supremecourt.gov/ grantednotedlist/18grantednotedlist. 7

Matt O’Brien & Dake Kang, AI in the court: When algorithms rule on jail time, Assoc. Press, Jan. 31, 2018, APnews. com/20efb1d707c24bf2b169584cf75c8e6a. 8

KRISTIN THOMAS is the owner of KT Designs, LLC, where she consults with litigation teams nationwide on argument strategy, demonstratives development, jury consulting and presentation technology in a wide range of practice areas.

PROUD TO SUPPORT THE NASHVILLE BAR ASSOCIATION HERMAN HICKS

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

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

HELLO, HELLO, HELLO:

Is There Anybody in There? | Jeffrey H. Bunn

“Just nod if you can hear me. Is there anyone at home?” Pink Floyd, one of my favorite bands, asked that question in a curious but compelling song titled “Comfortably Numb.” Have most lawyers become “comfortably numb” in our profession? The importance of lawyer well-being has been championed by none other than the American Bar Association—the premier institution existing today to address and publicize issues that are critical to the legal profession—and our law firms have done little to respond in any meaningful way. To use a phrase, the silence has been deafening. The ABA-appointed National Task Force on Lawyer Well-Being issued their Report in October 2018, which is available at LawyerWellBeing.net. It is worthwhile to review the subheadings in the “Global Recommendations” section: 1. Acknowledge the problems and take responsibility; 2. Use this report as a launch pad for a

profession-wide action plan; 3. Leaders should demonstrate a personal commitment to well-being; 4. Facilitate, destigmatize and encourage help-seeking behaviors; 5. Build relationships with lawyer well-being experts; 6. Foster collegiality and respectful engagement throughout the profession; 7. Enhance lawyers’ sense of control; 8. Provide high-quality educational programs about lawyer distress and well-being; 9. Guide and support the transitions of older lawyers; 10. De-emphasize alcohol at social events; 11. Utilize monitoring to support recovery from substance use disorders; 12. Begin a dialogue about suicide prevention; and 13. Support a lawyer well-being index to measure the profession’s progress. Mindfulness and meditation—a mental state achieved by focusing one’s awareness on the present moment, while calmly acknowledging and accepting one’s feelings, thoughts, and bodily sensations, used as a therapeutic technique—are important pieces of the well-being pie, and it behooves the legal profession to take up the critical issues identified by the ABA’s thorough Report—it’s about the sustainability of our profession. The legal profession now knows the importance of promoting physical fitness among our professionals. It is time we begin paying equal attention to our mental and emotional fitness, particularly since we are a profession that invests so much in the minds of attorneys. Lawyers’ minds are the single

most valuable asset! Pink Floyd’s guitarist and vocalist, David Gilmour, was obviously not the dean of a law school, president of a bar association, or managing partner of a law firm, but maybe—just maybe—he and his band were able to put into words or music something that we in the legal profession need to hear. Instead of being “comfortably numb,” our profession needs to prioritize and invest in lawyer well-being, including mindfulness and meditation. There is a solid business case for doing so. There is a solid management case for doing do. Plus, there is a compelling individual case for doing so. Is there anybody in there? n EDITOR’S NOTE: The full ABA Report and additional recommendations for practical change are available online at LawyerWellBeing.net. JEFFREY H. BUNN is a retired litigation attorney, who practiced in both state and federal courts for nearly 40 years, and was previously a member of a 3-person management committee for a Chicago law firm. He is a wellness expert and the owner of the Mindful Law Coaching and Consulting Group. Jeff was recently interviewed for the ALPS In Brief Podcast, presenting the business case for investing in attorney wellness. ALPS is the nation’s largest direct writer of lawyers’ malpractice insurance and is endorsed by the Nashville Bar Association.

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Mindful Members

My wife, Patti Titus, and I produce feature films together (as Movie City Films). The attached is at a premier of our healthy eating documentary “Eating You Alive” (featuring Samuel L. Jackson and James & Suzy Cameron). We were inspired to produce this documentary in order to share the concept of “good eating is the basis for a good life.” So, this film is centered on how a whole food, plant-based diet can actually save your life. —Kelly Frey, Nelson Mullins

“This is me on a hiking trip in Rocky Mountain National Park in September. My sister and I hiked the English Way of the Camino de Santiago pilgrimage a few years back, and hiking has been a good mindfulness practice for me ever since.” —Tera Rica Murdock, Waller

Law clerks Amanda Bradley (Tennessee Court of Appeals) and Samantha Simpson (Tennessee Court of Criminal Appeals) taking a mindful break out of their day for some office yoga.

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

2018 AWARD WINNERS

NBA Annual Meeting & Banquet | December 5, 2018

JOHN C. TUNE PUBLIC SERVICE AWARD Hal Hardin PRESIDENT’S AWARDS

EMERITUS AWARDS

Timothy Capria

John Buffaloe, Jr.

Christopher Bellamy

James (Jim) Doran, Jr.

Sara Beth Myers

Perry R. Happell

Gareth Aden

James (Jim) Harris, III

Keith Turner

Robert (Bob) McDowell

Jeff Allen

Rose Palermo

Shellie Handelsman

Robert (Bob) Walker

Kaya Grace Porter RETIRING OFFICERS & BOARD MEMBERS YOUNG LAWYERS DIVISION AWARDS

Nathan Ridley, Immediate Past President

Joseph Hubbard, President’s Award

Robb Bigelow, Board Member, 1st Vice President

Eileen Evans, Casey Miller & Tara Sarosiek, Enterprise Award

Margaret (Marnie) Huff, Board Member, 2nd Vice President Hon. Sheila Calloway, Board Member

NASHVILLE BAR JOURNAL AWARDS

Dean Bill Koch, Board Member

Jonathan Cole, Article of the Year

David Raybin, Board Member

Lauren Poole, Contributor of the Year

Jeff Gibson, Treasurer Mary Taylor Gallagher, Secretary

CONTINUING LEGAL EDUCATION (CLE) AWARDS US Middle District Court Judges, CLE Excellence Award

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Thank You for Your Membership! 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.

PREMIER MEMBERS

Gail Vaughn Ashworth

Lisa Helton

Tracy Powell

Heidi Barcus

Jamie Hollin

David Raybin

Daniel Berexa

Paul Housch

Sara Reynolds

Mark Beveridge

R. Jan Jennings

Nathan H. Ridley

Hon. Joe Binkley, Jr.

Andrew Kaufman

Christopher Sabis

Hon. Melissa Blackburn

Jordan Keller

Charles Bone

John Kitch

Carolyn Schott

C. Dewey Branstetter, Jr.

Dean Bill Koch, Jr.

Kenneth Byrd

Irwin Kuhn

Christopher Cardwell

Ed Lanquist, Jr.

Kay Caudle

Thomas Lawless

Mark Chalos

Christina Lopez

William Cheek, III

Hon. Randal Mashburn

Hon. Patsy Cottrell

Sam McAllester, III

John Day

Hon. Amanda McClendon

Joy Day

Rocky McElhaney, II

Karl Dean

Nicholas McGregor

Rascoe Dean

Bob Mendes

Jacqueline Dixon

Margaret Moore

David Downard

Marlene Moses

Blair Durham

Patricia Moskal

John Floyd

Jennifer Mueller

Keith Frazier

Phillip Newman

Richard Green

Dean Newton

John Griffin, Jr.

Marc Overlock

Talley Wood

Bill Harbison

Mattison Painter

Sheree Wright

Hon. Marian Harrison

David Parsons

Ed Yarbrough

Aubrey Harwell, Jr.

Gregory Pease

Stephen Young

Trey Harwell

Andrea Perry

Gulam Zade

Laura Heiman

Robert Perry

Stephen Zralek

NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

Kimberly Silvus Ronald Small Eric Smith Saul Solomon John Spragens Joycelyn Stevenson Michael Stewart Gerard Stranch Jim Stranch Hon. Aleta Trauger Howard Vogel Michael Wall Elizabeth Washko Jim Weatherly, Jr. Thomas White Larry Williams Thomas Wiseman, III

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

NEW MEMBERS (SEPTEMBER 1 - OCTOBER 31) Kris Ahrend John M. Allen Josh Anderson Ryan Beane Parris M. Bell Elliot A. Bertasi Amanda Callihan Matthew D. Cloutier David M. Craig Abbey Craun Shundra N. Crumpton Rascoe S. Dean Charles R. Delorey Amber Derham Covington G. Dismukes Andrew J. Droke Arthur C. Earls, IV Shane Fitzmaurice

Savannah J. Flowers Bernard J. Graves, Jr. Rachael C. Haley Kaitlin Hazard Macayla F. Heath James S. Higgins Elizabeth B. Holland Elizabeth A. Holt Hannah K. Hunt Jeff Irvine Chad M. Jackson John M. Jefferson Christopher D. Johnson Christina R. Burgart Lopez Alexandra C. Lynn Leslie S. Maclellan Terrence M. McKelvey Camille M. Mennen

Elizabeth W. Moreton Matthew Morris Lise C. Morrow Olivia Park Tracie Parry Daniel J. Paulson Robert Perry Brenda Elaine Peterson Joseph David Prestia Bronte Gabrielle Prins Lindsey Rank Patrick Riley Ryan Scott Russell Benjamin Russell Douglas Russo Connor Sestak John K. Shelton Abhishek Prakash Singh

James D. Sloan, III Elliott G. Smith Hayley Michele Smith Darren Robert Smith Caroline Dare Spore Melanie E. Stark Michael J. Stephens Bryan Stone Mary Elizabeth Stoner Rachel Taylor Barrett Thomas Chad Turnbow Jessica Wargo Rob West Brett Windrow Timmothy Scott Winstead Sean Micheal Wood Lora Ann Wuerdeman

VOLUNTEER FOR DIAL-A-LAWYER Dial-A-Lawyer is held the first Tuesday of each month from 6:00 â&#x20AC;&#x201C; 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

Thank you to our October & November volunteers!

GINA CROWLEY CHRIS HUGAN TOM LAWLESS DOUG PIERCE JOE RUSNAK

dinner is provided.

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

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Fall 2018 Highlights Veterans Day Parade

Above: Federal Courthouse Groundbreaking Ceremony NBA + NBF Golf Tournament @ Vanderbilt Legends Club

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Fall 2018 Highlights

NBA + YLD Costumes for Cocktails

The Stringbean Murders | Historical CLE

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2018 Annual Banquet Highlights

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2018 Annual Banquet Highlights, Etc.

Habitat for Humanity Home Build

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Samar Ali received the White House Fellows Foundation and Association’s 2018 IMPACT Award, which recognizes an outstanding graduate of the White House Fellows program. Ali is an attorney at Bass, Berry, and Sims where her practice areas include data security and diplomacy matters. She co-founded The Lodestone Advisory Group, a multi-national consulting firm and previously worked for former Governor Bill Haslam as Assistant Commissioner for International Affairs. Ann Peldo Cargile, Partner at Bradley, has been elected secretary of the American College of Real Estate Lawyers (ACREL). ACREL is the premier organization of US real estate lawyers.

John R. Tarpley, a shareholder at Lewis Thomason, has been selected by his peers to serve a three-year term on the board of directors for ALFA International, a network of independent law firms. Tarpley focuses his practice on in complex litigation in the areas of tort, transportation, product liability, professional liability, commercial law, casualty defense, and a wide range of insurance-related matters. ON THE MOVE Katie Ashley, former director of legislation for Governor Bill Haslam, has joined Bradley as a senior advisor for government affairs and economic development. She represents clients before the executive and legislative branches of government in Tennessee and Wash-

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NASHVILLE BAR JOURNAL | DEC/JAN 2018-19

ington, DC. Prior to her work with Gov. Haslam, Ashley worked for US Senator Lamar Alexander in Washington, DC. Victoria Gentry has been named the Managing Attorney at The Immigration Group, a law firm which specializes in business visas, green cards, and I-9 compliance. Stites & Harbison, PLLC, welcomes Jamie Little as counsel in the Construction Service Group. Little has more than 10 years of experience representing owners, contractors, and suppliers with contract drafting and negotiation, payment disputes, and lien enforcement. She is a member of the Tennessee Association of Construction Counsel and the American Bar Association Forum on Construction Law. Austin Moore has joined Riley Warnock & Jacobson, PLC, where he will practice business litigation. He previously served as a law clerk for Judge Thomas Brothers of the Sixth Circuit Court for Davidson County. He received his JD from Washington University School of Law, St. Louis, and his undergraduate degree from Vanderbilt University. John E. Quinn has joined Neal & Harwell, PLC, as Of Counsel. He was previously a partner at Manier & Herod in Nashville. His practice is in the defense of all aspects of civil litigation, including

Hearsay | Honors & Awards, On the Move, Firm News commercial, professional negligence, personal injury, products liability, employment, and insurance litigation. Andrea Stilgenbauer joins Ponce Law with several years of experience litigating personal injury and workers’ compensation. She earned her bachelors degree from Tennessee Tech University, attended the Institute in Bioethics at Yale University, and earned her JD from the University of South Carolina School of Law. Burr & Forman LLP announced the addition of three new associates in Nashville. Kathryn Grundy earned her JD from Vanderbilt University Law School; she joins the firm’s Lending Practice Group. Nicole Keefe also earned her JD from the Vanderbilt University Law School; she joins the firm’s Corporate and Tax Practice Group. Alexandria Rhoades earned her JD from the University of North Carolina School of Law; she joins the firm’s Torts, Insurance, and Product Liability Section. Bradley announced eight new associates in its Nashville office. Shundra Crumpton (JD, Vanderbilt University), Daniel Paulson (JD, Vanderbilt University), Car-

oline Dare Spore (JD, Washington University), and Mike Stephens (JD, Wake Forest), have joined the firm’s Litigation Practice Group; Elliot A. Bertasi (JD, Duke University) and Rachel E. Taylor (JD, University of Kentucky) have joined the firm’s Healthcare Practice Group; Elizabeth B. Holland (JD, University of Tennessee) has joined the firm’s Real Estate Practice Group; and Alexandra C. Lynn (JD, University of Tennessee) has joined the firm’s Intellectual Property Practice Group.

FIRM NEWS Construction Lawyers Society of America (CLSA) presented Stites & Harbison, PLLC with the 2018 CLSA Law Firm Award. It is the second time the firm has earned the award, which recognizes North American law firms for

excellence in construction law. Awards are based upon independent research by the CLSA and input of its Fellows familiar with the expertise, reputation and standing of firms in the construction law arena. Seven attorneys from Bradley have been honored by the Tennessee Supreme Court as 2018 Attorneys for Justice for their pro bono service in 2017: Jeffrey L. Allen, Senior Attorney, Media and Entertainment; Kimberly M. Ingram, Associate, Litigation; Robert S. Patterson, Partner, Litigation; Edmund S. Sauer, Partner, Litigation; Jeffrey W. Sheehan, Associate, Litigation; David K. Taylor, Partner and Chair, Construction; and Thor Y. Urness, Partner, Litigation. SEEKING INFORMATION

Parents offering a $300 reward for information leading them to the law firm, attorney, paralegal, or assistant who was working with their now deceased daughter, Katherine “Katie” Rose Malone of Nashville, Tennessee. Likely time period would have been October 2016 to date of death, August 3, 2017. If you have any information, please contact her father, Jim Rose, at 785-608-8843.

DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

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DEC/JAN 2018-19 | NASHVILLE BAR JOURNAL

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