Nashville Bar Journal | December/January 2019-20 by Nashville Bar Association

DECEMBER/JANUARY 2019-20 | VOLUME 19 | NO. 6

FEATURE

You Can Count on Us: Understanding the Census ALSO

On the Status of Sports Gaming in Tennessee Hands Free Tennessee Creation of a State Advisory Council on Alzheimerâ&#x20AC;&#x2122;s Disease and Related Dementias

A Safer, Stronger Nashville A vibrant legal community strengthens the fabric of a city. That’s the work of the Nashville Bar Association and why we’re proud to invest in its community building mission. We’re also excited to support bar association members like you with business credit and cash management solutions that help you build the bottom line at your practice.

Herman Hicks Private Client Relationship Manager First Horizon Bank 511 Union St. • Nashville, TN 37219 (615) 734-6186 • hahicks@firsthorizon.com

Official Bank Partner of the Nashville Bar Association

JOURNAL 6 Journal Journal DECEMBER/JANUARY 2019-20 | VOLUME 19 | NO. 6

FE ATU R E

You Can Count on Us: Understanding the Census Summer Melton

DEPA R TM E N TS

From the President

Calendar of Events

On the Status of Sports Gaming in Tennessee 13 Robert D. Martin

Hear Ye, Hear Ye

Hands Free Tennessee 25 Bruce Phillips

Laura Baker

2020 Membership Dues Annual Banquet Jack Norman, Sr. Award Liberty Bell Award NBF Grant Applications President’s Reception YLD Mock Trial

17 Photo Gallery 30 Hearsay 32 100% Club 36

CLE Schedule

27 Creation of a State Advisory Council on

Alzheimer’s Disease and Related Dementias

Barbara Moss

CO L UMNS

Background Check 11 Bart Pickett Gadget of the Month 15 Bill Ramsey & Phillip Hampton Capitol Notes 23 Peggy Sue, the Beagle Hound

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL FROM THE PRESIDENT New Year, New Bar | Laura Baker Journal January marks the beginning of a new calendar year, Journal a new year for the Nashville Bar Association, and the be-

LAURA SMITH, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

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

JILL PRESLEY, Layout/Design/Production

EDITORIAL COMMITTEE KIMBERLY CLARK EMMA ELLIOTT TIM ISHII KELLY FREY ROB MARTIN OLIVIA PARK BRUCE PHILLIPS BART PICKETT SYDNEY RAINES BRANDON SMITH KRISTIN THOMAS JONATHAN WARDLE CRAIG WEBB ELEANOR WETZEL NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419. No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal. The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content. NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. Our mission is to improve the practice of law through education, service, and fellowship The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

ginning of my term as president of the NBA. This is the perfect time to reflect on our mission as a bar association and make resolutions for the coming year. The mission of the NBA is to improve the practice of law through education, service, and fellowship. Taking the objectives in reverse order, fellowship is a cornerstone of the NBA’s mission. Our annual free member picnic, family zoo day, quarterly collegiality coffees hosted by the Chancery and Circuit Court Committee, and countless other events and programs bring our members together in fellowship outside the context of our legal practices. These events also provide opportunities for our members to get to know lawyers with whom we may not regularly practice. Collegiality, civility, and fellowship unquestionably strengthen the professional relationships among lawyers, and often lead to business, job, and referral opportunities for our members. What can you, as a member, do to increase fellowship in the Bar? Think of at least one time when you have been to an event and didn’t know anyone. In the coming year, resolve to make our new members feel welcome and included at our events. The NBA also has a strong history of service. We build houses for Habitat for Humanity, connect the general public with lawyers through our Lawyer Referral Service, and offer a free monthly Dial-A-Lawyer program to provide guidance on basic legal questions to the public. We host the annual Damali Booker 1L Minority Job Fair to facilitate recruitment of diverse law students for summer clerking opportunities. The Young Lawyers Division raises thousands of dollars for charitable organizations through multiple events. The intangible benefits that come with helping not only provide a sense of purpose for lawyers, but it also strengthens relationships with other volunteers. Happier lawyers are better lawyers, and that’s a benefit to everyone. What can you do to provide more service in the coming year? Resolve to participate in at least one service or pro bono opportunity offered by the NBA. Undoubtedly, you’ll find that you benefit from it just as much as those you help! Lastly, our mission includes improving the practice of law through education. The NBA provides high quality CLE seminars, Oral History projects with valuable insights from senior members of the Bar, and the exclusive Leadership Forum program which develops young leaders through the Nashville Bar Foundation. Legal education—formal and informal—helps lawyers make more meaningful contributions to their firms and clients. What can you resolve to do in the coming year to enhance the practice of law through education? In partnership with bar and legal associations throughout Tennessee, the NBA is bringing a unique and timely opportunity to set the vision for recruiment and retention of diverse attorneys. Make plans to attend (and sponsor!) Diversity 2020 // Setting the Vision for Diversity within the Legal Profession on March 6-7. I am honored to serve as president of the Nashville Bar Association for the upcoming year and look forward to the opportunity to lead the NBA in continuing our mission to improve the practice of law.

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

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

DECEMBER 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

NBA Board Mtg | 4:00-6:00pm Nashville School of Law

F R I D AY

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

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

2 NBA Team Secret Santa | 2:30pm

Historical Committee Mtg 11:30am | Hal Hardin’s Office Diversity Committee Potluck 12:00-1:00pm

NALS Mtg | 12:00-1:00pm

Ethics Committee Mtg | 4:00pm

Membership Committee Mtg | 9:00am

NBF Leadership Forum Steering Committee Mtg | 4:00pm

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

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

HAPPY HOLIDAYS!

Holiday | NBA Office Closed

HAPPY NEW YEAR! Holiday | NBA Office Closed

JANUARY 2020 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

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

Historical Committee Mtg 11:30am | Hal Hardin’s Office NALS Mtg | 12:00-1:00pm

6 LAW Mtg | 11:30-1:00pm

14 CLE Committee Mtg 4:00pm | Patterson IP Law

17 New Board Orientation | 3:30pm NBA Board Mtg | 4:30pm

NBA President’s Reception 5:30pm | Waller

NBA Board & Team Dinner 6:00pm | Topgolf

Damali Booker 1L Minority Job Fair 5:30pm | Waller

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

31 3

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

NBA President’s Reception

Bring your friends and colleagues on Tuesday, January 28 at 5:30pm, and celebrate our new President—Laura Baker—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 Waller. RSVP at NashvilleBar.org/Reception. n

MARK BEVERIDGE HON. MELISSA BLACKBURN

Didn’t Renew Your Dues?

BRIGID CARPENTER SAMUEL FUNK MARY TAYLOR GALLAGHER

Last chance to renew your dues! The 2019 NBA membership year has officially ended. To ensure uninterrupted member benefits, please renew online at NashvilleBar.org/Renew or contact Vicki.Shoulders@ nashvillebar.org. 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 CAMERON GEARLDS, CLE Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director 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

Nominations are now being sought for the Liberty Bell Award, which will be presented during the Law Day Luncheon on Friday, May 1, 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 13. n

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

NBF Grant Applications

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 Wednesday, January 15. n

YLD High School Mock Trial

The NBA Young Lawyers Division will host the Davidson County High School Mock Trial Competition on Friday and Saturday, February 21-22, 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

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 1. 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 6. Visit NashvilleBar.org/Awards to learn more. n

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Feature Story | Summer Melton

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

You Can Count on Us: Understanding the Census

In 2020, the federal government will conduct its constitutionally-required decennial census. There are a few aspects about the census that a majority of people know, such as it is performed every 10 years, it’s required by the constitution, and it’s basically a headcount of all people living in the US, the District of Columbia, and the five US territories. That’s all you need to know, right? Who is in Charge of the Census? Technically, Congress. The constitution requires that a census be taken every 10 years and vests Congress with the authority to decide the manner in which it is performed. Congress has broad authority over the census, how it is run, and what it includes. However, Congress delegated the task of conducting the decennial census to the Secretary of State through the Census Act, giving the Secretary the ability to conduct the census “in such form and content as [the Secretary] may determine.”1 The Secretary of State supervised the census until 1902, when the Census Bureau was created.2 At first, the Census Bureau was a part of the Department of Interior, but it was ultimately moved to the Department of Commerce and Labor.3 What Role Do the Census Numbers Play? Many roles. The census results determine how many seats each state will have in the House of Representatives, and therefore, how many votes in the Electoral College.4 The census numbers also play a role in the allocation of about $675 billion in federal spending each year.5 For Nashville, this means more funding for schools, roadways, hospitals,

and public utilities. The federal government alone doesn’t rely on the census. State and local governments use census data to understand their communities’ needs and target policy efforts effectively.6 Understanding the demographic diversity in a community can assist local governments in the decision-making process, e.g., where to put a power plant, road, or even a community daycare center.7 Local governments commonly use census data to determine where to place emergency services, among other government services.8 Businesses use census data to decide where to build factories, offices, and stores, and developers use census numbers to determine where to build homes and revitalize older neighborhoods. How is the Census Taken? Initially, the census was taken by census workers who went door to door, asking people questions and filling out the census forms for them.9 This technique was used through the mid-1900s.10 Then, in 1960, the Census Bureau altered its primary method of census taking when it began mailing out census questionnaires—people filled them out and then census workers went door to door collecting them.11 Ten years later, the Census Bureau altered its method again—this time, it simply mailed the questionnaires and asked people to mail them back.12 Now, the Bureau is changing its methods again. The 2020 census will be the first census to use the internet as the primary response method.13 Most US households will receive a notification in the mail this coming March, directing them to (continued on page 8) (continued on page 00)

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Feature Story | go online and complete the census.14 Only households that fail to complete the census online by April will receive a paper questionnaire.15 2020 is also the first year in which a call-in option will be available. People are also permitted to mail back their census forms as opposed to submitting them online, as a team of door-to-door census workers will go to areas where there is a shortage of responses to get the final count.16 Current Issues in Census Taking: The Citizenship Question In 2018, the Secretary of Commerce announced that the 2020 Census would include a citizenship question: Is the person a US citizen?17 In 2019, a wave of lawsuits followed, the most consequential of which was brought by 18 states, 10 cities, 4 counties, and the US Conference of Mayors against the Census Bureau and Department of Commerce (DOC), seeking to enjoin the addition of the citizenship question.18 The DOC sought

You Can Count on Us (continued from page 7)

dismissal of these lawsuits for lack of standing.19 However, the US Supreme Court eventually held that the evidence “established a sufficient likelihood that reinstating a citizenship question would result in noncitizen households responding to the census at lower rates than other groups, which would cause them to be undercounted[.]”20 The Court continued, “[s]everal state respondents have shown that if noncitizen households are undercounted by as little as 2%, they will lose out on federal funds that are distributed on the basis of state population.”21 The Court continued to the merits of the case, holding that the Enumeration Clause permits the Secretary of Commerce to add the citizenship question, so long as the Secretary’s decision bears a “reasonable relationship to the accomplishment of an actual enumeration.”22 The Secretary’s proposed reason for adding the citizenship question to the census questionnaire was that it would help the government to “better enforce the Voting Rights Act.”23

The Court did not buy the Secretary’s explanation and held that the Voting Rights Act justification was not an adequate explanation for the addition of the citizenship question, explaining that the record gave “no hint that [the Secretary] was considering VRA enforcement” when he “began taking steps to reinstate the question a week into his tenure.” Citing several other grounds, the Court ultimately recognized that there was “a significant mismatch between the Secretary’s decision and the rationale he provided” and “the VRA enforcement rationale . . . seems to have been contrived.” On remand, the District Court permanently enjoined the Director of the Census Bureau from printing the citizenship question on the 2020 census.24 Not long after, the president announced that, despite his disappointment with the Supreme Court, the Census Bureau would print the 2020 census forms without the citizenship question.25 Conclusion The Supreme Court acknowledged how critical it is that the Census be accurately conducted. The Census plays a crucial role in determining the allocation of state and federal resources, and is constitutionally mandated. The Census Bureau, by allowing responses online and by phone, is attempting to make it easier for Americans to respond, which prompts the question, why not? n Endnotes 1

13 USC § 141(a).

US Census Bureau, Data, Census.gov (2019).

Id.

(continued on page 28)

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

DIVERSITY 2020 Setting the Vision for Diversity within the Legal Profession Diversity 2020 is a collaborative effort of members of the Tennessee legal community designed to bring attorneys together from across the state to set concrete goals and create actionable plans for increasing the number of diverse lawyers hired, retained, and promoted across business types.

SPONSORS

MARCH 6-7, 2020 Belmont University 1901 15th Ave S Nashville, TN 37212

IN PARTNERSHIP WITH Belmont University College of Law Hispanic Bar Association Knoxville Bar Association Lawyersâ&#x20AC;&#x2122; Association for Women Legal Aid of East Tennessee Legal Aid Society of Middle TN & the Cumberlands Napier Looby Bar Association Nashville Bar Association National Bar Association (Ben Jones Chapter) Stonewall Bar Association Tennessee Alliance of Black Lawyers Tennessee Bar Association

Visit NashvilleBar.org/DiversitySummit to learn more.

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

Congrats to Frank Grace, Jr. for identifying the individuals in last issue’s photo. From left to right: Thomas Higgins, Tom Carlton, Claude Callicott, and A.B. Neil, Jr.

NBA Firm Spotlight

Thank you to everyone at Lieff Cabraser Heimann & Bernstein for all you do. We value your membership and support! (pictured left to right: Michele Reardon, Mark Chalos, Kristin Orsland, Chris Coleman, Patty Sackett, Adam McRen, Jess Smith, Kenny Byrd, Brett Johnson) 10

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

BACKGROUND CHECK

John McLemore | Bart Pickett

If you’ve ever had your picture taken at a bar event, chances are you’ve met John McLemore, as he is the Nashville Bar Association’s own pictorial historian and one of the rare, true Nashville natives. John attended Glendale Elementary and Overton High School before heading off to Virginia Military Institute (VMI) in 1966. He aspired to be a writer and believed attending VMI would provide him with a lifetime of inspiration for his stories. In his first year, he spent his Friday nights mailing out 1,000 copies of the school newspaper to the alumni subscribers. However, by his final year at VMI, he had worked his way up to hold the title of managing editor. He found the collegiality incomparable at VMI and remains in touch with his classmates to this day. Following graduation in 1970, John received a medical deferment for what was thought to be bone spurs. He had been prepared to serve with his orders and uniforms ready. Needing a new career path, he headed home to Nashville where he landed a job at the Nashville Banner newspaper (the Banner). John’s first assignment led him to cover the federal courts/bureaucracy. He spent almost a year and a half on this assignment before being re-as

signed to cover the state courts. He went from covering 4 judges to 26 overnight. He spent five years working at the Banner. During his tenure at the Banner, he worked his way through the YMCA Night Law School. John graduated law school and passed the bar in Fall of 1974. He left the Banner when he found a job at Associates Capitol Corporation in their legal department. He spent three years handling cases in the federal bankruptcy court, general sessions court, and handling foreclosures. In April 1978, John and David McMackin left Associates Capitol Corporation to start their own firm. At one time the firm size was seven attorneys; however, today John is a solo practitioner focusing on bankruptcy practice. He currently serves as a Chapter 7 trustee and works on Chapter 11 proceedings and reorganizations in state and federal courts. When he’s not busy practicing law, John devotes his time to photography. His father was an amateur photographer, so it came naturally to him. He first started taking photographs for the NBA in 1975 when he assumed the role of first editor to The Docket—the precursor to this publication—serving for nine years. He began by taking photos of nominees for the Board of Directors to include in the publication and evolved his practice to include photographing the officers at the annual banquet when they were elected. At that time, a roll of film had 36 exposures. Therefore, once John took the officer photographs, he started snapping other attendees. The tradition has continued for decades and includes capturing NBA members and officers at various different annual events such as the picnic, banquet, Law Day, retire-

ments, and everything in between. His vast collection of photos are all logged and available for searching and viewing at NashvilleBar.org/PhotoGallery. John’s work naturally crossed over to involvement with the NBA’s Historical Committee. When David Rutherford passed away, John lamented that the NBA also lost its historian. Luckily for us, he has stepped up and taken a leading role in helping to structure the committee to ensure our history is not lost. To honor that commitment, the Nashville Bar Foundation presented him with the David Rutherford Award in 2019. John and his wife, Carolyn, will celebrate their 50th wedding anniversary in August. Carolyn, a Virginia native, taught special education for many years before retiring and pursuing another passion of hers, gardening. The McLemore’s have three children—Will, Meg, and Elizabeth—and eight grandchildren that they adore. John and Carolyn live in Williamson County and are active in the Forest Hills Baptist Church. John has dedicated much of his time to documenting our history and we have all benefited from his passion to do so. It is his hope that younger members of the Bar will carry on this time-honored tradition of preserving historical moments of the NBA for years to come. 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 2019-20 | 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) 627-9390

Gayle MALONE, Jr. (615) 651-6700

Paul DeHOFF (615) 631-9729

David NOBLIT (423) 265-0214

Matt SWEENEY (615) 726-5774

Barry L. HOWARD (615) 256-1125

Dan NOLAN (931) 647-1501

John TARPLEY (615) 259-1366

James KAY (615) 742-4800

Michael RUSSELL (615) 815-0472

Mark TRAVIS (931) 252-9123

Mark LeVAN (615) 843-0300

Tracy SHAW (615) 921-5204

Jack WADDEY, Jr. (615) 850-8752

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

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

Editorial |

Robert D. Martin

On the Status of Sports Gaming in Tennessee It’s no secret: Tennessee has joined the growing list of states to authorize regulated sports gambling. Ever since the US Supreme Court issued its decision in Murphy v. NCAA, the metaphorical floodgates have opened for states to allow sports betting across the country. All eyes are now keenly focused on state legislatures’ response. The question was never really whether states would legalize sports betting, but when and how? The Murphy Decision In 1992, Congress passed the Professional and Amateur Sports Protection Act (PAPSA), prohibiting most states from authorizing sports gambling. PAPSA did not criminalize sports betting, but instead, allowed states to seek injunctions against casinos or bookmakers for violations. Four states, Nevada, Oregon, Delaware and Montana were grandfathered in under PAPSA and allowed to continue their existing sports betting schemes. In 2011, New Jersey voters overwhelmingly endorsed a state constitutional amendment that would allow sports gambling. In 2012, the New Jersey state legislature passed the

Sports Wagering Act, allowing sports betting at casinos and racetracks. In response, most of the major sports leagues in the US sued the state, arguing that the Sports Wagering Act violated PAPSA. Through a series of appeals, revisions to the New Jersey law, new lawsuits, and more appeals, the issue finally came before the Supreme Court in December 2017. In May 2018, the Court issued a 7-2 decision striking down PAPSA on 10th Amendment grounds. In holding that certain provisions from PAPSA commandeered powers from the states, Justice Alito wrote “Congress can regulate sports gambling directly, but if it elects not to do so, each state is free to act on its own.”1 Tennessee Moves Quickly The Supreme Court issued its decision on May 14, 2018, after the Tennessee General Assembly had adjourned for the year. Immediately following the November 2018 elections, the Tennessee Sports Gaming Act (TSGA) was the very first bill filed in the House of Representatives of the 111th General Assembly.2 On April 30, 2019, the bill narrowly passed in both (continued on page 14)

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Editorial |

On the Status of Sports Gaming in Tennessee (continued from page 13)

houses. Governor Lee declined to sign the bill, but it became a law without his signature on May 24, 2019, effective on July 1, 2019. The Act created the “Lottery Corporation Sports Wagering Advisory Council,” consisting of nine individuals from across the state. The Governor, Speaker of the House, and Speaker of the Senate are to appoint three members to the council, one from each grand division. As of November 1, 2019, eight of the nine members have been appointed. The Council serves an advisory role and doesn’t actually play a functional role in implementing a gambling infrastructure. However, you won’t see any Tennessee casinos appear just yet, and don’t expect to find any gambling outlets at Nissan Stadium or Bridgestone Arena. Tennessee’s law legalizes online sports gambling only. Two of Tennessee’s border states—Arkansas and Mississippi—allow in person sports betting. There’s no hard date for when

Tennesseans will be able to place their first bets. The Tennessee Education Lottery Commission is tasked with promulgating rules under the Act, and as of November 1, no such rules have yet been proposed or submitted for public record. What Will Sports Betting Mean for Tennessee and Sports? Perhaps the largest impact sports betting will have on the state will be an increase in revenues. Tennessee ranks among the least taxed states in the country and the state constitution notably prohibits an income tax. Around 61% of the state’s revenue is sourced from the sales tax,3 so state government officials are always looking for alternative sources of revenue. The TSGA imposes a 20% “privilege tax” on operators of online gambling websites,4 which is sure to result in a noticeable increase in state revenues. The General Assembly’s fiscal review committee reported that the state could expect up to $20-40M

Valuation, litigation, forensic and mediation support services require an independent and objective assessment. Price CPAs has assisted in cases involving these services. THESE SERVICES INCLUDE:

• • • • • •

Minority shareholder disputes Valuations Wrongful Death/Personal Injury Divorce (equitable distribution) Comingling & Transmutation Business damage assessment and determination • Solvency analysis and fraudulent conveyance • Litigation consulting services.

THESE SERVICES ARE LED BY THE FOLLOWING PROFESSIONALS:

• • • • •

Tom Price, CPA/ABV/CFF, CVA Alan Webb, CPA Mark Fly, CPA, ABV Brett Henry, CPA, MBA Gary Pounders, CPA, CFE

3825 BEDFORD AVE | STE 202 | NASHVILLE, TN 37215

615.385.0686 | w w w. p r i c e c p a s . c o m

in revenue per year from sports gambling,5 which seems low when compared to the estimated $395M that the state expects to receive from the sale of lottery tickets.6 The privilege tax dollars are earmarked for specific purposes: 80% for education,7 15% for local infrastructure projects,8 and 5% to the Department of Mental Health and Substance Abuse.9 Aside from revenues, there is also a concern about the potential impact widespread betting will have on the integrity of the games themselves or how consumers enjoy them. Alabama Football Head Coach Nick Saban has expressed concern that widespread gambling could affect the integrity of his sport.10 Historically, concerns have been that athletes would throw games or pull punches in order to guaranty certain outcomes. Proponents of sports betting could respond by pointing to the success of the NHL’s Las Vegas Golden Knights, who competed in the Stanley Cup Finals in their inaugural year, seemingly not affected (negatively) by gambling at all. The New York Times has reported that—prior to the Supreme Court’s decision in Murphy—sports bettors made up around a quarter of the NFL’s TV audience, and it would be reasonable to assume that number would only increase with greater access to betting platforms.11 Despite this potential increase in viewership, the NFL remains worried about the effects widespread gambling will have on the integrity of the league and has continued to call on congress to impose a regulatory framework for sports betting.12 The truth is, outside of specula(continued on page 24)

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

BILL & PHIL’S GADGET OF THE MONTH

Keep Your Hands to Yourself |

Bill Ramsey & Phillip Hampton variety of all these types of mounts available. We advise you to pick the one that is best for you and your car.

On July 1 of this year, Amended TCA § 55-8-199 went into effect. This law bans the use of hand-held cellphone use while driving. Specifically, the new law makes it illegal for a driver to (1) hold a cellphone or mobile device with any part of his or her body, (2) write, send, or read any text-based communication while driving, (3) reach for a cellphone or mobile device that requires the driver to no longer be seated or properly restrained by a seatbelt, (4) watch a movie or video on a cellphone or mobile device, or (5) record or broadcast video on a cellphone or mobile device. There are, however, exceptions (loopholes) to these rules. Since we enjoy talking on the phone while driving, we worked long and hard to identify gadgets and devices that can help us fit the loopholes in Tennessee’s hands-free law. Old Car, New Car? In determining the hands-free options available to you, your main decision is to determine whether you have a new car or an old car. Unsurprisingly, new cars have more attractive options available than those in older cars—we will discuss those options later. However, there is one decision you must make without reference to whether

your car is new or old. That decision is where you place or mount the wireless device. TCA § 55-8-199(b)(2) allows you to use your hand to operate the device if you have the device mounted on your windshield, dashboard, or in the center console “in a manner that does not hinder the driver’s view of the road” and you can activate or deactivate a feature with one swipe or tap of the device. For example, iOttie’s iTap Magnetic ($25) is a device that mounts to your dash or your windshield but requires the application of an adhesive back to mount to the dashboard or windshield, as well as a protective film that is placed on the phone. Similarly, the iOttie iTap Magnetic 2 Air Vent Mount ($25) attaches to your air vent and only requires a protective film to be applied to your phone. Additionally, the iOttie iTap Magnetic 2 CD Slot Mount ($30) can be placed inside your automobile CD slot with a suction cup that attaches to your phone. Kenu makes similar products that are very effective and well-designed and only cost $30. Another option is a mobile phone holder that fits in your vehicle’s cup holder. WeatherTech makes a very nice one—the CupFone—that costs $35. There is a wide

Old Car, New Car Revisited If you have an automobile that was manufactured after 2015, you probably have the option to use Apple CarPlay or Android Auto (or both) which allow you to have a screen in your dash that looks a lot like your phone. Most of the audio systems that use Apple CarPlay or Android Auto all behave differently depending upon the manufacturer and make of the car. All solutions are great, but some are more elegant than others. In addition, the Car Connectivity Consortium, which includes several automakers and smartphone makers, has developed a standard that we believe will ultimately standardize on an application called MirrorLink. MirrorLink is already leading industry standard for car phone connectivity and is available on more car makes and models than any other car connectivity solution. In any event, if you are lucky enough to have an automobile with connectivity built-in, all you need is a way to mount your phone, connect it via Bluetooth, and you are set up to comply with the State’s new law and enjoy hands-free calling. Not So New Cars For cars built in earlier years, you may only have the option to connect via Bluetooth or USB without all the bells and whistles of CarPlay or Android Auto. Nevertheless, it is simple to connect via Bluetooth or USB. You will not get the display that Apple CarPlay or Android Auto provide, but we are (continued on page 16)

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Gadget of the Month |

Keep Your Hands to Yourself (continued from page 15)

assuming you are tech savvy enough to connect to your car’s Bluetooth. If so, you will be in full compliance with the State’s new law once you properly mount your phone.

L E T ’ S WO R K TO G E T H E R T O PROT EC T YO UR CL I E N T S ’ I N T E L L EC T UAL PRO PE R T Y.

We are committed to protecting

your clients’ IP assets, leaving you

to focus on all other legal matters. Learn more at iplawgroup.com.

Or i g i n a l Th i n k i n g. U n i q ue P r ot e c t ion.®

Even Older Cars For cars that are even older (most likely pre-2010), there are still plenty of options available. You can connect via the auxiliary input, if one is available, or through the CD or cassette tape slot in your car and use the hands-free device. Our favorite device for connecting through the car’s auxiliary input is the Mpow MBR2 Bluetooth Car Kit ($27) or the Besign BK01 Bluetooth Car Kit ($25). If you want something tiny, try the Tunai Firefly ($35). Our least favorite devices connect to the car’s FM transmitter (for those who do not have the 3.5-millimeter connector). We will not even discuss these because we do not think they are worth using. Our favorite device for using the CD or cassette tape slot in your car is the iTape Cassette Adapter ($30), which connects to your phone via Bluetooth and allows you to charge your phone at the same time. If you want something simpler, connect your phone to the Carwires MJ200C ($10) and plug the cassette into your cassette deck, place the car stereo on cassette, and your phone will work just fine through your car stereo. However, our all-time favorite solution for older cars is a car visor kit. These devices simply clip on your visor and your phone connects to the device via Bluetooth. The speakers are loud and of high quality, and we think they work quite well. Our favorite visor-clipped device is the Avantree CK11 ($30) that has a very crisp and

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

clear sound at a cheap price. It automatically turns on when you step into your car, connects to your cigarette lighter for charging, and has a single button you can push to access the voice-control features on your phone. The Motorola Roadster 2 ($150) is nice as well, but it costs much more and doesn’t work that much better. Similarly, the Jabra Drive ($45) works well, but in our opinion, is not as clear as the Avantree. As a final option, you can use your wired or wireless headphones, including Apple Airpods, Jabra headphones, and the Bluetooth devices that clip on your ears, such as the Plantronics Voyager 5200 ($85), or the BlueParrott C300-XT ($130). Any of the above solutions will allow you to comply with the State’s new law and with the admonition of the Georgia Satellites’ “Don’t hand me no lines and keep your hands to yourself.” n See you next time,

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE. MONDAY, D ECEMBER 1 6 | LIVE SEMI N A R

TU E S D AY, D E C E M B E R 17 | LI V E SEMIN A R

CHANCERY COURT PRACTICE INSTITUTE

LAND USE

OVERVIEW

Attorneys often represent parties that seek or oppose land use changes in Metro Nashville. With the amount of development taking place now, the need for such representation is paramount. These important decisions are made by three bodies— the Planning Commission, the Board of Zoning Appeals, and the Metro Council.

Gain valuable insights on trial practice procedure from seasoned practitioners during this afternoon session on Chancery Court practice.

OVERVIEW

We are fortunate to have—as part of a return engagement— three experienced land use professionals who are involved in making these decisions every week. PRESENTERS Bill Herbert Head of Metro Codes PRESENTERS

Lucy Kempf Metro Planning Department

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

Tom White Tune, Entrekin & White, PC

D E TA I L S

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

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

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 4:50pm

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 3:15pm

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 General

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General

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

COST

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135

For registration after December 12, add a $10 late fee.

For registration after December 13, add a $10 late fee.

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

W E D NE S DAY, DECEMBER 1 8 | LIVE SEMIN A R

FR I D AY, D E C E M B E R 27 | LI V E S E MIN A R

GOVERNMENT PRACTICE & PROFESSIONALISM INSTITUTE

CLE FILM FESTIVAL

OVERVIEW

The second Government Practice seminar is scheduled for Wednesday, December 18. This program will offer six hours of CLE credit with at least three hours of dual (ethics) credit.

Are you looking for a fun way to earn your ethics and professionalism CLE credits? Enjoy The Big Short as you uncover legal ethics and professionalism traps and pitfalls. Following the film, join your colleagues in a discussion of the issues and challenges illustrated.

Topics include a US Supreme Court update, the annual Ridley report, and more. The full agenda is available at NashvilleBar. org/GovernmentCLE.

THE BIG SHORT

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

PRESENTERS

Kelly Frey Nelson Mullins

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

D E TA I L S

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 – 8:00am Seminar & Lunch. . . . . . . . . . . . . . . . . . . . . . 8:00am – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual & 3.0 General Location. . . . . . . . . . Tennessee Tower, 312 Rosa L Parks Ave COST December 18 CLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $269 For registration after December 11, add a $10 late fee.

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 23, add a $10 late fee.

F RI DAY, DECEMBER 2 7 | LIVE SEM I N A R

M ON D AY, D E C E M B E R 30 | LI V E S EM IN 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.

Back by popular demand, this seminar features The Rainmaker. Learn about client relations and communications, fee agreements with clients, preparation for issues that may arise in depositions, rules of civil procedure, rules of evidence, trial strategy, and courtroom proceedings—both motions and trial practice—which will address the code of professional responsibility.

THE WAR OF THE ROSES

This seminar features the classic legal film—The War of the Roses—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 RAINMAKER

PRESENTERS Robert L. Delaney Tune Entrekin White James Weatherly Weatherly, McNally, & Dixon, PLC

PRESENTER Irwin Kuhn Vernick Kuhn Byassee Austin & Rosen, PLLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm

D E TA I L S

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

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

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

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

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

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

COST

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

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

COST

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

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

For registration after December 23, add a $10 late fee.

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 26, add a $10 late fee.

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

M ONDAY, DE CEMBER 3 0 | LIVE SEMINA R

TU E S D AY, JA N U A RY 21 | LI V E S E M IN A R

CLE FILM FESTIVAL

ALEXANDER HAMILTON

THE FIRM

Star of Broadway, Star of the Bar

OVERVIEW

How should lawyers bill in order to ensure they are adequately paid for their efforts, make the clients as happy as they are going to be about paying their attorney and still comply with Rule 1.5 and what our Courts have to say about billing?

In broadest strokes, this seminar will serve as a timely reminder that there is still much to be learned from our nation’s earliest cases and earliest prominent legal practitioners.

How does an attorney who gets entangled in criminal activity disentangle from that activity without violating further rules of professional conduct?

Topics will include core principles underlying the notion of judicial review, key federalism principles originating in the Supremacy Clause, the origins and particular maxims of the constitution, and focused trial advocacy pointers.

Join the NBA for a review of the 1993 hit, The Firm, and assess the ethical issues raised by the movie.

PRESENTERS PRESENTER

Eli Richardson US District Judge

Karl Warden Karl Warden, JD, LLM

Suzanna Sherry Vanderbilt College of Law

D E TA I L S

Jeffrey Usman Belmont College of Law

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

D E TA I L S

Seminar & Lunch. . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

COST

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

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

COST

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 26, add a $10 late fee.

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after January 17, add a $10 late fee.

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

NBA ONLINE SEMINARS P erso n al i zed Le a r ning on Your Sc he dul e

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

Announcing our NEW online CLE platform with online seminars available at NashvilleBar.org/DistanceLearning! Choose from the following relevant and focused topics.

PLI and the NBA provide sophisticated programs to local attorneys through webcasts held at the NBA. Visit NashvilleBar.org/ CLE to learn more.

Block Chain | Client Privilege

Building Better Construction Contracts 2019 December 13, 8:00am – 4:00pm 7.0 General

Ethics for Corporate Lawyers 2019 December 17, 1:00 – 3:30pm

2.5 General

Fund Finance 2019 December 18, 12:30 – 4:00pm

3.5 General

PEACE MAN, GET OFF YOUR ANALOG & GET IN THE CLOUD! How do you get real Peace internet voice in your office thatʼs less expensive and less of a hassle? All you have to do is unplug your current phone system and plug us in! With our Cloud Hosted PBX, customers can save up to 40 percent on their monthly bill, not to mention all the advanced features that come along with it. Now thatʼs groovy man!

FIRST 60 DAYS FREE! VISIT WWW.PEACECOM.NET/PBX

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

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

8-HOUR CLE PASS

10-HOUR CLE PASS

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

15-HOUR CLE PASS

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

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

Valid from Nov 1, 2019 to Oct 31, 2020.

Purchase your members-only CLE Easy Pass now, and save up to $255 on cutting edge CLE! Choose a CLE Easy Pass that fits your “Live” CLE hour needs and your budget. Call Vicki at 615-242-9272 for questions or to purchase your CLE Easy Pass today.

R E G I S TR ATI ON ONLINE NashvilleBar.org/CLE

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

PHONE 615-242-9272

Please register me for the following NBA live seminars:

Name:

BPR#

Address: City:

State:

Phone:

Email:

Zip: (Required to receive seminar materials)

PAYMENT OPTIONS Visa

Discover

Mastercard

Cardholder Name: Billing Zip Code:

AMEX

Check (payable to the Nashville Bar Association)

Card Number: Exp Date:

Amount:

Signature:

LATE FEE: Registration must be received by 5:00pm two business days ahead of the seminar. If you register late, please add a $10 late fee to your payment. CANCELLATION: No refund or credit will be issued after 5:00pm two business days ahead of the seminar; however, a substitute may attend for a registered participant. CLE EASY PASS HOLDERS: Cancellation must be received by 5:00pm two business days ahead of the seminar to retain CLE Easy Pass hours. CLE Easy Passes are non-transferable, and a substitute may not attend for an Easy Pass Holder.

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

OCT/NOV 2019 | NASHVILLE BAR JOURNAL

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound stability. Pledging not to raise taxes, Mayor Cooper takes on perhaps, the hardest job in government—being mayor of a large city. A Tennessee city tax base depends on two stable, but slowly growing, elements of property taxes and sales taxes. The motoring public typically expects growth to fill the city coffers, but growth also brings new needs for new services. We, of course, howl for full funding for Metro Animal Care and Control, our local government agency that maintains the puppy pound.

—That’s a hard dog to keep under the porch.

House Speaker Cameron Sexton not being a supporter of the original legislation.

2020 Session The 111th General Assembly’s 2020 annual session begins at 12:00pm on January 14, 2020. We have not played poker with Governor Bill Lee, but in the public policy arena, he prefers to keep his cards and treats close to his vest. Governor Lee has hinted that criminal justice reform is a priority for the 2020 session. He may choose to nibble around the edges of the food bowl. We do not recall any members of the Senate Republican Caucus at their recent retreat jumping from under the porch to sponsor the bill when he mentioned interest in legislation reducing our local jail populations.

Medicaid Block Grant Governor Lee will have submitted his Medicaid modified block grant waiver proposal to the Centers for Medicare and Medicaid Services by the time you read this. Thinking dogs believe the formal submission of the proposal will just be the beginning of a very lengthy negotiation between the state and the federal government to craft an agreement. The state has been aggressive in its proposal seeking relief from what some consider to be pesky federal regulations. Program advocates see those same regulations as protecting Medicaid patients from overreach by the TennCare Bureau.

Education Savings Accounts The new statute authorizing public funds to be used as vouchers at private schools has a deadline for implementation of not later than the 2021-22 school year. Governor Lee has expressed some interest in satisfying that requirement in the 2020-21 school year. That will be a hard bill to pass in the State House with new

New Mayor for Nashville John Cooper took the oath of office and became Metropolitan Nashville’s ninth mayor—and the first to defeat an incumbent mayor—on September 28. Harvard and Vanderbilt educated, son of a former Governor, and brother of a sitting Congressman, Mayor Cooper takes office when a prosperous and growing city seeks

Checklist for December & January 1. Buy a stamp, buy a holiday card, send it to someone you care about. Maybe a public official, maybe a new NBA board member or officer, or maybe a longtime acquaintance you should rekindle. 2. For the procrastinators among us, sign up for an NBA December CLE seminar. They even have movies at the NBA offices with morning and matinee show times on December 27 and 30. 3. Be sure you and those you care about have voter registration that is up to date. The deadline to register to vote in our March 3 presidential primary and local office primary election is February 3. Calendar Notes State and NBA offices will be closed on December 24 and 25 for the Christmas holiday, December 31 and January 1 for the New Year’s Day holiday, and Monday, January 20, 2020, for the MLK holiday. The first day of the early voting period in the Tennessee presidential and local office primary is February 12, 2020. 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 2019-20 | NASHVILLE BAR JOURNAL

Editorial |

On the Status of Sports Gambling in Tennessee (continued from page 14)

tion we really don’t know how sports betting in Tennessee will affect the games themselves or how we view them. The only real samples to look at are in Vegas, where sports gambling has already been around for decades and is engrained in the culture. Nissan Stadium and Bridgestone Arena aren’t exactly known for having spectacular Wi-Fi, so it seems unlikely that fans at games at those venues will be glued to their phones, checking the status of their bets. But really, we can’t and won’t know until the books are officially opened. Endnotes Murphy v. Nat’l Collegiate Athletic Association, 584 US ____, 138 S.Ct. 1461 (2018). 1

2 HB0001 has been assigned Public Chapter Number 507 and amends TCA § 4-51-301 et seq.

Secretary of State, 2017-2018 Tennessee Bluebook, at 395.

Tenn. Code Ann. § 4-51-304(e).

5 The fiscal notes and proposed amendments are available at the Tennessee General Assembly website. The most recent Corrected Fiscal Note issued April 25, 2019. 6

State of Tennessee, The Budget (FY 2018-2019), at A-38.

Tenn. Code Ann. § 4-51-304(e)(1).

Tenn. Code Ann. § 4-51-304(e)(2).

Tenn. Code Ann. § 4-51-304(e)(3).

George Schroeder, Nick Saban Wonders if Sports Gambling Will Affect Integrity of the Game, USA Today, May 15, 2018.

Kevin Draper, How Sports Betting will Change the Sports Media Business, N.Y. Times, May 15, 2018.

Id.

ROBERT D. MARTIN is an attorney at Meridian Law, PLLC, where he practices in general civil litigation defense. He is a member of the Nashville Bar Journal Editorial Committee among many others, and the NBA YLD.

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

LAWYER REFERRAL & INFORMATION SERVICE

Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area? If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle issues such as:

Consumer

Thank you to our October and November volunteers!

Social Security Disability

GINA CRAWLEY

Title VII Employment

RYAN DAVIS

For information on joining the NBA LRIS, visit NashvilleBar. org/LRISAttorneyRegistration or contact Wendy.Cozby@ nashvillebar.org. We look forward to hearing from you!

LESLIE FORSLEY TOM LAWLESS DOUG PIERCE JOE RUSNAK

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

Tenants’ Rights

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

Editorial |

Bruce Phillips

Hands Free Tennessee On July 1st, 2019, Tennessee joined 19 other states in banning the use of hand-held devices while driving. Requiring drivers to put their phones down and focus on the road, the terms of the “Hands Free Law” are outlined in Bill and Phil’s Gadget of the Month, Keep Your Hands to Yourself, on page 15 of this issue. Tennessee leads the nation with over 24,600 crashes involving distracted drivers last year alone. Therefore, it’s no surprise that Tennessee lawmakers decided to take action. With the new law comes the question: Can drivers still utilize their cell phones legally while behind the wheel? The answer is simple—yes, there are ways to use cell phones and still abide by the law. The use of social media applications and camera functions on smart phones while driving is verboten under the statute. However, talking on the phone and texting are not, provided certain conditions concerning the use of the phone are met. First, a person using a smart phone in any way must be over the age of eighteen. Second, the phone must be mounted on the vehicle’s windshield, dashboard, or center console in a manner that does not hinder the driver’s view of the road. Third,

the application on the phone being used must be activated or deactivated by one touch or swipe of a finger. It’s okay to turn the phone on and off, to use one button to initiate or terminate a voice communication, and to use an earpiece, headphones, or a device worn on the wrist to conduct voice-based communication. The easiest way to comply with the new law is using technology with which many newer-model cars are equipped. With hands-free amenities such as “Apple Car Play”, drivers can legally utilize their cellphones through voice command. With the use of these “smart” features while driving, a person may communicate via text message by simply choosing to have a message read aloud once received. Voice recognition software then allows that person to dictate a response. The software will transcribe the response into a text message and send it, with consent. The hands-free law makes it a little tricky for those whose job requires them to utilize their phone while driving. For example, rideshare drivers for companies like Uber or Lyft depend on their phone’s technology to pilot them towards their (continued on page 26)

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Editorial |

Hands Free Tennessee (continued from page 25)

next customer and destination. No exceptions are carved out of the statute for company use, but as long as the driver is over the age of eighteen and complies with the previously mentioned conditions related to placement of the phone in the car, the “one touch/one swipe” restriction, and uses voice only, the driver may utilize the phone’s GPS system and features or functions related to the transportation of persons or property for payment of a fee. The statute includes several exceptions, such as state, federal, and campus law enforcement officers acting in the discharge of their duties are exempt. Emergency workers of all kinds are generally exempt, as are private citizens communicating with emergency workers about the emergency itself. Utility workers and contractors are exempt when the phone is used in the scope of their employment. Needless to say, the statute creates fertile ground for litigation. A discussion of interesting issues is beyond the scope of this article. However, some are

obvious. For example, what constitutes “reasonable suspicion” when an officer stops a vehicle because he or she believes the driver is violating the statute? Another interesting issue relates to the definition of “lawfully stopped.” The statute does not apply to persons behind the wheel of vehicles that are “lawfully stopped.” Does that mean a driver at a stoplight is “lawfully stopped?” What about someone stuck for hours in traffic behind a wreck? Does the answer depend on whether the motor is running? Violations of the statute in the criminal sense are not terribly severe. The driver will be charged with a Class C misdemeanor and fined $50 for improper use of a cellphone while driving. If the violation results in a wreck, the fine is increased to $100. If the violation occurs in a work zone with workers present or in a school zone, the fine jumps to $200. A person may attend a driver’s education course in lieu of the fine. Of course, the civil liability and weight on the conscience where use of a cell phone causes serious injury or death always has

been and always will be severe. Don Aaron, Metro Nashville Police Department Associate Administrator of Public Affairs said: With the Nashville area’s tremendous population growth, and the accompanying increase in traffic, it is essential for all of us to do everything we can to eliminate distractions while behind the wheel. How many times have you come upon a slow moving, weaving car on the interstate only to see the driver looking down at a cell phone and texting? That behavior puts all of us at risk. As of November 13, 2019, Nashville has already experienced 90 fatal crashes resulting in 93 deaths, far exceeding calendar year 2018’s totals of 78 fatal crashes and 80 deaths. Distracted driving was found to be a contributing factor in at least six of this year’s fatal crashes. The next time you feel inclined to pick up a cell phone while driving, think about your friends and family, and how you would hope that motorists they encounter are devoting their full attention and skill to the roadways and not texting or talking on hand-held devices. Hopefully, Tennessee’s “Hands Free” law will make Tennessee roads safer in the years to come. n

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

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

BRUCE PHILLIPS has practiced law on Music Row for over 25 years. He chaired the NBA Entertainment and Sports Law Committee in 1997 and 2005, is a member of the Nashville Bar Journal Editorial Committee, and is a Fellow of the Nashville Bar Foundation.

ALZHEIMER’S DISEASE AND RELATED DEMENTIAS

Creation of a State Advisory Council | Barbara Moss

The Tennessee legislature passed a bill that will continually assess and address the Alzheimer’s disease and related dementias.1 Tennessee has the fourth highest death rate from Alzheimer’s disease in the nation.2 In 2017, approximately 3,500 residents died from Alzheimer’s, a 244% increase since the year 2,000.3 The 71-2-117 | ALZHEIMER’S DISEASE AND RELATED DEMENTIA ADVISORY COUNCIL (a) As used in this section: (1) “Alzheimer’s disease” means a progressive degenerative disease of the brain that leads to dementia, and is characterized by the finding of unusual helical protein filaments in nerve cells of the brain; and (2) “Executive director” means the executive director of the Tennessee commission on aging and disability. (b) There is created the state Alzheimer’s disease and related dementia advisory council, referred to in this section as the “council.” (c)(1) The council shall be composed of no less than eleven (11) and no more than thirteen (13) members, which include: (A) One (1) member of the health and welfare committee of the senate, to be appointed by the speaker of the senate; (B) One (1) member of the health committee of the house of representatives, to be appointed by the speaker of the house of representatives; (C) The commissioner of health, or the commissioner’s designee, who serves as an ex officio voting member; (D) One (1) person to be appointed by the governor; (E) One (1) licensed medical professional with experience in Alzheimer’s disease and related dementia care, to be appointed by the executive director; (F) One (1) person diagnosed with Alzheimer’s disease or related dementia, to be appointed by the executive director; (G) A representative of Alzheimer’s Tennessee, Inc., to be appointed by the executive director; (H) A representative of the Alzheimer’s Association, to be appointed by the executive director; (I) A representative of the bureau of TennCare, to be appointed by the executive director; (J) A representative of the Tennessee Health Care Association, to be appointed by the executive director; (K) A representative of LeadingAge Tennessee, to be appointed by the executive director; and (L) Any other person possessing relevant experience with Alzheimer’s disease and related dementia care, to be appointed by the executive director. (2)(A) The private citizen members listed in subdivisions (c)(1) (E)-(K) may be appointed by the executive director from lists of qualified nominees submitted by groups involved in the study of Alzheimer’s disease and related dementia, including, but not

Medicaid (TennCare) costs of taking care of people with Alzheimer’s in 2019 was $1,050 billion. This new law created the Alzheimer’s Disease and Related Dementia Advisory Council (Council) to assess and address these diseases that affect Tennesseans,4 and is designed to bring stakeholders together to create a new, state Alzheimer’s plan and update this plan annually. Members of the council have been appointed and the first meeting was held August 22, 2019. Additional meetings have been and are being held monthly. The meetings are open to the public and online via the General Assembly’s website. The purposes of the council are to (1) assess the current and future impacts of Alzheimer’s disease and related demenlimited to, the Alzheimer’s Association, Alzheimer’s Tennessee, the department of health, the bureau of TennCare, the Tennessee Health Care Association, the Tennessee Association for Home Care, and the Tennessee Nurses Association. (B) The executive director shall consult with the interested groups listed in subdivision (c)(2)(A) to determine qualified persons to fill the positions as provided in this subsection (c). (d)(1) The persons appointed under subdivisions (c)(1)(A) and (B) are nonvoting members of the council. They serve only so long as they remain members of the general assembly. Any legislative vacancy on the council shall be filled by the respective speaker, for the purpose of serving out the remainder of the unexpired term. (2) The private citizen members appointed under subdivisions (c) (1)(D)-(K) are voting members and are eligible for reappointment to the council. Any vacancy among the private citizen members shall be filled by the respective appointing authority to serve for the remainder of the unexpired term. (e) Except as provided in subsection (f) for initial appointments, the terms of the members of the council are for three (3) years. (f)(1) In order to stagger the terms of the newly appointed council members, initial appointments shall be made as follows: (A) The persons appointed under subdivision (c)(1)(D)-(F) serve an initial term of one (1) year, which expires on June 30, 2020; (B) The persons appointed under subdivisions (c)(1)(G)-(I) serve an initial term of two (2) years, which expires on June 30, 2021; and (C) The persons appointed under subdivisions (c)(1)(J) and (K) serve an initial term of three (3) years, which expires on June 30, 2022. (2) Following the expiration of members’ initial terms as prescribed in subdivision (f)(1), all three-year terms begin on July 1 and terminate on June 30, three (3) years later. (g) The members shall elect a chair and a vice chair, whose duties are established by the council. (h) In making the appointments under subsection (c), the executive director shall strive to ensure that the council is composed of persons who are diverse in professional or educational background, ethnicity, race, sex, geographic residency, heritage, perspective, and experience. (i) The council shall fix a time and place for regular meetings and shall meet no less than twice yearly to review the state plan and all related metrics and outcomes. The executive director shall call the first meeting of the council. All other meetings of the council shall be at the call of the chair.

tias on Tennessee residents; (2) examine existing industries, services, and resources available to persons, families, and caregivers affected by Alzheimer’s disease and related dementias; (3) develop a strategy for a state response; and (4) provide recommendations to the governor and general assembly. The statute requires that the council present a state plan to the general assembly by January 14, 2020. Many of our sister states already have similar plans and stakeholders are excited about this renewed effort in creating a state plan for Tennessee. n BARBARA MOSS founded Elder Law of Nashville and has been practicing law for more than 30 years. She focuses her practice on elder law, conservatorships, probate, estate planning, Medicare and Medicaid. (j) A majority of the voting members of the council constitutes a quorum, and all official action of the council requires a quorum (k) The respective appointing authority may remove a private citizen member of the council for misconduct, incapacity, or neglect of duty. (l)(1) The legislative members of the council shall be reimbursed as members of the general assembly are paid for attending legislative meetings as provided in § 3-1-106. (2) The private citizen members of the council do not receive travel expenses or compensation for their service. (m) The purpose of the council is to: (1) Continually assess the current status of Alzheimer’s disease and related dementia in this state and to assess the current and future impact of Alzheimer’s disease and dementia on Tennessee residents; (2) Examine the existing industries, services, and resources addressing the needs of persons, families, and caregivers affected by Alzheimer’s disease and related dementia; (3) Develop a strategy to mobilize a state response to matters regarding Alzheimer’s disease and related dementia; and (4) Provide recommendations to the governor and to the general assembly on issues related to its work. (n) The council is administratively attached to the commission on aging and disability. The council shall consult and advise the executive director on matters related to the establishment, maintenance, and operation of state initiatives related to Alzheimer’s disease and related dementia. (o) The commission and council shall make best efforts to engage the community at large in making its assessments and recommendations regarding Alzheimer’s disease and related dementia. (p) No later than January 15, 2020, the council shall develop and submit an Alzheimer’s disease state plan to the chair of the government operations committee of the senate, the chair of the government operations committee of the house of representatives, the chair of the health and welfare committee of the senate, and the chair of the health committee of the house of representatives that identifies barriers to Alzheimer’s disease care, analyzes service utilization data, and includes recommendations, metrics, and best practices to address gaps in service. The council shall update the plan and report to the chairs of such legislative committees on its progress no later than January 15 of each year.

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Feature Story | 5

Id.

National Research Council, Modernizing the US Census, (The NaPress 1995).

You Can Count on Us (continued from page 8)

barBITES

tional Academies 7

US Census, supra note 2.

Id.

Wasabi Tuna Steaks with Avocado Cream & Maple-Soy Sauce Yield 6 to 8 Servings

13 US Congress, 2020 Census Operational Plan and Detailed Operational Plans, version 4.0, at 8 (2018). 14

Id.

by Monica Mackie, Executive Director, NBA

Press release, US Department of Commerce, US Department of Commerce Announces Reinstatement of Citizenship Question to the 2020 Decennial Census (Mar. 26, 2018). 17

18 Hansi Lo Wang, More Than 2 Dozen States, Cities Sue To Block Census Citizenship Question, NPR.org (Apr. 3, 2018). 19

Id.

Dep’t of Commerce v. New York, 139 S. Ct. 2551 (2019).

Id. at 2565.

Ingredients ½ cup maple syrup ½ cup soy sauce 1 large avocado, halved, pitted, peeled 2 tbsp water 1 tbsp olive oil 2 tsp lemon juice (fresh)

Prepared Wasabi paste (wasabi powder and water) 6 4oz sushi grade yellowfin tuna (ahí) steaks ¼ cup sesame seeds 3 tbsp canola oil Hot chili sauce (such as sriracha)

Id. at 2566-67 (quoting Wisconsin v. City of New York, 517 U.S. 1, 116 S. Ct. 1091 (1996) (holding that Secretary’s decision not to statistically adjust census was well without constitutional bounds of discretion over conduct of census provided to the Federal Government).

Id. at 2576.

New York v. US Dep’t of Commerce, No. 18-CV-2921 (JMF), 2019 WL 3213840, at *1 (S.D.N.Y. July 16, 2019). 24

What You Need to Know About the Citizenship Question and the Census, N.Y. Times, 3 July 2019.

SUMMER MELTON is a civil litigation attorney at Meridian Law, PLLC. She graduated from Arizona State University with a degree in Business Law and received her JD from the Belmont College of Law. After graduating, she was hired as an Adjunct Professor at Belmont University where she teaches Pre-Trial Procedure and coaches Belmont’s undergraduate mock trial teams.

Directions Combine maple syrup and soy sauce in medium saucepan. Boil over medium heat until reduced to ½ cup, stirring occasionally, about 5 minutes. Puree avocado, water, oil and lemon juice in blender. Transfer to small bowl. Season with salt and pepper. Rub ¼ tsp wasabi paste on both sides of the tuna. Place sesame seeds on small plate. Press both sides of each tuna steak into sesame seeds. Heat oil in heavy large skillet over high heat. Add tuna to skillet and cook until the sesame seeds turn light brown, about 20 seconds per side. Transfer to cutting board. Cut each stead into 4 slices. Place 2 tbsp avocado cream on each plate. Use back of spoon to spread cream into 2-inch circle. Fan tuna over avocado cream. Drizzle with maplesoy sauce; garnish with dots of chili sauce.

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

Welcome to the NBA! Congratulations on your membershipâ&#x20AC;&#x201D;thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org with questions or to learn more.

NEW MEMBERS (SEPTEMBER 1 - OCTOBER 31) Ionela Ambrosio Zachary Atkins Alexandra Badalamenti Catie Bailey Joshua Barza Daniel Beasley Matthew Beckett William Blakely Tracy Bothwell William Bratcher Rosalyn Broad Kelsey Burk Curtis Campbell Cheryl Carr Sharon Carroll Adam Castellarin Hollie Cheek Jordan Couch Thomas Cross Bethany Davenport Brandy Davis Ignacio De la Huerta Amy Deems Leanna Degenhart Kean Devine Amanda Floyd Beth Frasch Eva Freeman Christopher Friedman Elizabeth Garber William Gilbert Casey Goggin Cara Smalley Brian Haile Rebecca Hannah

Andrew Hermandorfer Hoyt Hill Richard Hills Matthew Hinson Michael Hollins Joelle Hupp Ashley Hurley Katherine Ives Jack F. King, III Austin Kirby Benjamin Lancaster Daniel Lawrence Emily Leininger Wesley Love Kenneth Lovell Paul Madden Robert Malin Ross Matuszak Matthew McFarland Robert McLeod Christopher McNeill Ronald McNutt Greta Messer Matthew Miller James Miller Hannah Moore Clarke Morrison Alexandria Murphy Hillary Musice Jessica Jo Myers James Nelson Ana Nettles Randall Norman John Norris, Jr. Alexandra Ortiz

Stephen Page Janus Pan Brian Pike Nicole Poole Ashley Posey Bari Ray Kristina Reliford James Rich Shyanne Riddle James Robinson Ashley Robles Dominic Rota Stephen Russell Taylor Sample Margaret Sandwith Vicki Schmidt Alexa Sengupta Jack Spencer Morgan Stanfield Sarah Staples Caroline Stephens Sharon Stocks Brandon Stout Richard Swor Nicholas Teeples Andrew Thornton Ryan Wautlet Cole West Katelyn Wicks Courtney Wilbert Angela Williams Renee Wilson Aaron Winters Kathryn Wood Rachel Wright

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Fall 2019 Highlights Annual Member Picnic

Cocktails for Costumes & Bourbon Trail CLE 30

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Fall 2019 Highlights

Appellate Practice Committee Meeting

Collegiality Coffee & Veterans Day Parade

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Hearsay | Honors & Awards, On the Move, Firm News H ONORS & AWARDS Hunter Branstetter placed ninth in the world at the Freestyle Kayaking World Championships this summer. Branstetter is one of 23 members of Team USA who travelled halfway across the world for the biennial International Canoe Federation Freestyle World Championships on the Pallaresa Noguera River in Sort, Cataluña, Spain. Branstetter competed in the squirt boating competition, where competitors use narrow, wafer-thin boats to tap into a river’s current and totally submerge themselves underwater. Ed Lanquist, shareholder at Patterson Intellectual Property Law, has been approved as a Rule 31 Listed Mediator. Mediators must achieve specific educational and training requirements to be listed and approved by the Tennessee Supreme Court’s Alternative Dispute Resolution Commission. The National Association of Women Judges (NAWJ) has named Davidson County General Sessions Judge Lynda Jones District 6 Director. The NAWJ is comprised of women judges across the US, Puerto Rico, and the Virgin Islands. District 6 includes Alabama, Louisiana, Mississippi, and Tennessee. The Tennessee Supreme Court has assigned Chancellor Anne C. Martin to hear cases for the Business Court Dock32

et Pilot Project, which seeks to provide all Tennessee businesses and citizens a specialized forum to hear complex or unique questions of business law. Junaid Odubeko is the recipient of Bradley’s 2019 Diversity Leadership Award recognizing a partner who demonstrates an exceptional commitment to promoting and advancing diversity within the firm. He is a member of the Litigation Practice Group, an active member of the firm’s Recruiting Committee, and chair of the firm’s Lawyers of Color Resource Group. Six attorneys at Bradley—Brandon Bundren, Timothy L. Capria, Edmund S. Sauer, Jeffrey W. Sheehan, Caroline Dare Spore, and David K. Taylor—have been recognized by the Tennessee Supreme Court as 2019 “Attorneys for Justice.” ON TH E M O V E Former Nashville Mayor David Briley has returned to the law firm of Bone McAllester Norton where he practiced law from 2007 to 2018, and was engaged primarily in civil, commercial, and class-action litigation. He will continue to concentrate in those areas and will also advise clients on administrative and regulatory matters throughout the state. Will Brown recently joined Gullett Sanford Robinson & Martin as an associate

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

attorney. Brown practices in the firm’s real estate section with a focus on commercial lending and real estate transactions. Prior to joining GSRM Law, Brown practiced in the Franklin office of Stites & Harbison. Judea S. Davis has joined Bradley’s Nashville office as an associate in the Litigation Practice Group. Prior to joining Bradley, she clerked for Judge Michelle Childs of the US District Court in South Carolina and Judge Garrison Hill of the South Carolina Court of Appeals. She also served as a law clerk for the Equal Justice Initiative. Davis received her JD from Duke University. Gordon Rees Scully Mansukhani welcomes Julie-Karel (JK) Elkin as a senior counsel in the firm’s Business Transaction and Commercial Litigation practice groups. She focuses her practice on assisting small to mid-size businesses, including healthcare professionals with complex employment matters and regulatory compliance. Bone McAllester Norton welcomes two attorneys to the firm. Mandy Strickland Floyd returns following two years of service with the American Civil Liberties Union. Floyd will concentrate her practice in litigation and dispute resolution,

Hearsay | Honors & Awards, On the Move, Firm News victims’ rights, education law, labor and employment law, and appellate practice. Jack Spencer joins the firm after clerking for the Federal Bankruptcy Court Middle District in Alabama. Spencer will be concentrating his practice in the areas of commercial litigation, creditors’ rights, litigation and dispute resolution. Burr & Forman’s Nashville office welcomes Ross Johnson, who joined the firm’s General Commercial Litigation practice group. Johnson began his legal career in Washington, DC, focusing on labor and employment, government ethics, and administrative law. Endeavor Business Media promoted Tracy Kane to Chief Administrative and Legal Officer. Kane will be responsible for creating comprehensive strategies for organizational effectiveness. She retains responsibility for Endeavor’s legal, HR, enterprise risk management, and regulatory and compliance functions, including global privacy compliance, along with strategic growth initiatives encompassing corporate acquisitions and integration management. Tyler Sanders, a graduate of Belmont University College of Law, joins Manier & Herod after completing a clerkship with Tennessee Supreme Court Chief Jus

tice Jeffrey Bivins. Stites & Harbison welcomes Kelso Stevens as a member of the Business & Finance Service Group in Nashville. He received his JD from the University of Tennessee College of Law. Cole G. West has joined Leitner, Williams, Dooley & Napolitan’s Nashville office as an associate. West is a Nashville area native and has experience representing insurance companies and their insureds in a wide variety of matters including trucking, premises liability, construction defects, and professional liability. FIRM NEWS Bass, Berry & Sims and the Nashville Conflict Resolution Center (NCRC) forged a new partnership where the firm will provide a new stream of mediators as part of its comprehensive Pro Bono Program, ensuring NCRC can accept the increase in referral requests and make access to justice through mediation a reality for struggling residents of Middle Tennessee. Maynard Cooper & Gale has announced that the firm will open a new office in Nashville. The expansion involves the acquisition of the Nashville-based firm McKenzie Laird. Through this partnership, the firm will focus on providing comprehensive legal counsel and deepening its bench of corporate attorneys and litigators. n

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: 10/16/18 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 Sapp, 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: 8/1/19 15. Extent & Nature of Circulation: a. Total Number of Copies (net press run) 2512 2725 b. Paid Circulation (by mail & outside the mail) (1) Mailed Outside County Paid Subscriptions 281 330 (2) Mailed In-County Paid Subscriptions 2101 2342 (3) Sales Through Dealers and Carriers, 0 0 Street Vendors, Counter Sales, etc. 0 0 (4) Paid Distribution by Other Classes of Mail Through the USPS 8 12 c. Total Paid Distribution 2390 2684 d. Free or Nominal Rate Distribution 0 0 (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 2390 2684 g. Copies Not Distributed 122 41 h. Total 2512 2725 i. Percent Paid

100%

16. Electronic Copy Circulation: a. Paid Electronic Copies b. Total Paid Print Copies + Paid Electronic Copies c. Total Print Distribution + Paid Electronic Copies d. Percentage Paid

17. This statement of ownership will be printed in the December/January 2019-20 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 16, 2019

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Thank You for Your Membership! The NBA Premier Membership recognizes those 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 Laura Baker Gordon Ball Heidi Barcus Bill Beck Daniel Berexa Michael Berman Mark Beveridge Hon. Joe Binkley Hon. Melissa Blackburn Charles Bone Dewey Branstetter Hon. Joe Brown Kenny Byrd Chris Cardwell Loy Carney Kay Caudle Mark Chalos Will Cheek Chris Coleman Hon. Patsy Cottrell John Day Joy Day Rascoe Dean Jackie Dixon Blair Durham John Floyd Keith Frazier Richard Green John Griffin Bill Harbison Aubrey Harwell Trey Harwell

Lisa Helton Jamie Hollin Paul Housch Jan Jennings Andrew Kaufman Jordan Keller John Kitch Dean Bill Koch Irwin Kuhn Ed Lanquist Tom Lawless Wendy Longmire Christina Lopez Hon. Randal Mashburn Sam McAllester Hon. Amanda McClendon Nicholas McGregor Bob Mendes Margaret Moore Marlene Moses Hon. Patricia Head Moskal Phil Newman Dean Newton Marc Overlock Matt Painter David Parsons Greg Pease Andrea Perry Bobby Perry Tracy Powell David Raybin Sara Reynolds Nathan Ridley

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

Christopher Sabis Carolyn Schott Joe Shelton Kimberly Silvus Martin Sir Ron Small Eric Smith Laura Smith Saul Solomon John Spragens Joycelyn Stevenson Mike Stewart Gerard Stranch Jim Stranch Hon. Aleta Trauger Howard Vogel Michael Wall Liz Washko Jim Weatherly Tom White Tom Wiseman Talley Wood Sheree Wright Ed Yarbrough Hon. Bill Young Stephen Young Gulam Zade Stephen Zralek

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

The Affinity Program is made up of partnerships that foster a mutually beneficial relationship between the NBA, our members, and participating local businesses. To learn more, view member discounts, and get your NBA Membership card to present to vendors to receive your discount, visit NashvilleBar.org/AffinityProgram or email Vicki.Shoulders@nashvillebar.org today!

AT NASHVILLE

DEC/JAN 2019-20 | NASHVILLE BAR JOURNAL

Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. To become part of NBAâ&#x20AC;&#x2122;s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Adams & Reese

Latitude

Rainey, Kizer, Reviere & Bell

Anderson & Reynolds

Law Offices of John Day

Raybin & Weissman

Baker Donelson

LBMC

Riggs Davie

Bone McAllester Norton

Leader, Bulso & Nolan

Riley, Warnock & Jacobson

Bradley

Legal Aid Society

Robinson, Reagan & Young

Branstetter, Stranch & Jennings

Leitner, Williams, Dooley & Napolitan

Rogers, Kamm & Shea

Brewer, Krause, Brooks & Chastain

Lewis Thomason

Rudy Winstead Turner

Burr & Forman

Lieff, Cabraser, Heimann & Bernstein

Schulman, LeRoy & Bennett

Butler Snow

Lindsey + Amonette + Nemer

Serling, Rooks, Hunter, McKoy, Worob & Averill

Cameron Worley

Loeb & Loeb

Shackelford, Bowen, McKinley & Norton

Cole Law Group

Martin Heller Potempa & Sheppard

Sherrard Roe Voigt & Harbison

Cornelius & Collins

Matt Hardin Law

Sims|Funk

Dickinson Wright

McAngus Goudelock & Courie

Smith Cashion & Orr

Dodson Parker Behm & Capparella

McCarter & Beauchamp

Smythe Huff & Hayden

Evans, Jones & Reynolds

McGlinchey Stafford

Spicer Rudstrom

Frazer

Meridian Law

Stites & Harbison

Frost Brown Todd

MTR Family Law

Sutherland & Belk

Grissim & Hodges

Nashville Electric Service

Taylor, Pigue, Marchetti & Blair

Gullett, Sanford, Robinson & Martin

Neal & Harwell

Venick, Kuhn, Byassee, Austin & Rosen

Hall Booth Smith

Nelson, Mullins, Riley & Scarborough

Warner Music Group

Hawkins Hogan

North, Pursell & Ramos

Watkins & McNeilly

Healthcare Realty Trust, Inc.

Ogletree Deakins

Waypoint Law

Holton & Mayberry

Ortale Kelley Law Firm

Weatherly, McNally & Dixon

Kay Griffin

Parker, Lawrence, Cantrell & Smith

White & Reasor

Keller, Turner, Andrews & Ghanem

Patterson Intellectual Property Law

Wiseman Ashworth Law Group

Kinnard, Clayton & Beveridge

Pepper Law

Wyatt, Tarrant & Combs

NASHVILLE BAR JOURNAL | DEC/JAN 2019-20

WHEN THE GOING GETS TOUGH, CALL TAKACS MCGINNIS.

When the long-term illness or disability of an elderly family member threatens to disrupt your clients’ financial, legal, and emotional well-being, you don’t call just anyone. You call the best. Timothy L. Takacs, CELA, and Barbara Boone McGinnis, CELA, two of the most respected elder law attorneys in the nation, lead an interdisciplinary team of care coordinators and other professionals who work together to enhance quality of life for elders and their families. Point your clients in the right direction with a referral to Takacs McGinnis Elder Care Law, PLLC. For more than 25 years, we have been helping families protect assets, find high-quality care, and navigate the long-term care system.

201 Walton Ferry Road

PO Box 364

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

Life Care Planning Elder Law Estate Planning Care Coordination 201 Walton Ferry Road, Hendersonville, TN 37075 info@tn-elderlaw.com

We can help your clients, too. Give us a call today.

www.tn-elderlaw.com

(615) 824-2571

* * Takacs McGinnis, PLLC has been named a Tier 2 firm in Nashville for Elder Law by U.S. News - Best Lawyers”, “Best Law Firms” in 2019.