Nashville Bar Journal | December/January 2021-22

MIKE ABELOW, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE SAPP, Managing Editor

LAUREN POOLE, Managing Editor

ADRIENNE BENNETT CLUFF, Layout/Design/ Production

EDITORIAL COMMITTEE

RAMONA DESALVO

TIM ISHII

KELLY FREY

SUMMER MELTON

ROB MARTIN

BART PICKETT

KATLIN RYAN

KRISTIN THOMAS

JONATHAN WARDLE

NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS

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

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

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

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Adrienne.BennettCluff@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content.

NASHVILLE BAR ASSOCIATION

150 4th Ave N, Ste 1350 Nashville, TN 37219 615-242-9272 | NashvilleBar.org

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

FROM THE PRESIDENT

2022: A Pivotal Year |

Martesha Johnson

When I joined the NBA Board of Directors, I didn’t imagine that I would eventually serve as the President of this prestigious organization. I was appreciative of the opportunity to use my voice to help shape the vision and leadership of the bar, but as a public defender–which we all know is a very specialized practice area–I didn’t believe I would be able to connect to the larger body. When the opportunity presented itself, however, I knew that my experiences with the Nashville Bar Association had been critical to my professional growth and that my service as President could create a pathway for other lawyers/future lawyers like me to have a seat at the table. During my time with the NBA, I’ve learned so much about myself and found that the diversity of my practice and my experiences are necessary to the leadership of this organization and the practice of law.

We stand on the horizon of a new day for the Nashville Bar Association. Successful entrepreneur and business advisor, Eric Ries, said “A pivot is a change in strategy without a change in vision.” 2020 and 2021 have taught us how to be resilient, required us to be flexible, and reminded us just how important community is to the practice of law. What we started off assuming was a temporary, unprecedented challenge, quickly became our new normal. We now know that our bar association, and quite frankly, our personal lives will never be the same. 2022 provides us an opportunity to PIVOT and I am honored to serve as President during this critical time. Equipped with the lessons we’ve learned; our moment is now. Our vision for improving the practice of law hasn’t changed. Our dedication to our core values–education, service and fellowship–have been ever present during the past couple of years. Now it is time for the Nashville Bar Association to re-affirm our commitment to our members and reimagine what our service delivery model looks like.

I am committed to supporting Monica and the leadership of NBA as we dually focus on becoming:

• intentional and strategic in our focus to bridge the membership gaps in our organization to attract members from underrepresented practice areas, and

• creative and innovative in our approach to support our member needs during and post-pandemic.

Additionally, I am reminded of our Board’s participation in the American Bar Association’s 21 day Racial Equity Habit-Building Challenge and the discussions we had in the weekly lessons. One of those discussions was about a 2018 study that found Black women continue to be the least represented group among all attorneys, representing just an astonishing 1.73% overall. I am personally passionate about making sure we are intentional in our commitment of diversity, equity, and inclusion in the legal profession, that the leadership of this organization reflects this commitment, and that we are continually investing in creating a pipeline of more lawyers of color in Nashville.

I am humbled and grateful for this opportunity. Cheers to 2022! n

Hear Ye, Hear Ye |

2021 NBA BOARD OF DIRECTORS

MICHAEL ABELOW, President

MARTESHA JOHNSON, President-Elect

LYNNE INGRAM, First Vice President

DANIEL BEREXA, Second Vice President

JOSH BURGENER, Secretary

JUSTIN CAMPBELL, Treasurer

FLYNNE DOWDY, Assistant Treasurer

LELA HOLLABAUGH, General Counsel

JOSEPH HUBBARD, YLD President

LAURA BAKER, Immediate Past President

HON. MELISSA BLACKBURN, First Vice President-Elect

LIZ SITGREAVES, Second Vice President-Elect

BAHAR AZHDARI

JAZ BOON

BRIGID CARPENTER

RAQUEL EVE OLUYEMO

SAM FELKER

LORA BARKENBUS FOX

MARY TAYLOR GALLAGHER

JEFF GIBSON

PAZ HAYNES

KIM LOONEY

HON. ELLEN HOBBS LYLE

MARLENE ESKIND MOSES

JUNAID ODUBEKO

KAYA GRACE PORTER

TIM WARNOCK

LUTHER WRIGHT, JR.

HON. BILL YOUNG

GULAM ZADE

NBA TEAM

MONICA MACKIE, Executive Director

CAMERON ADKINS, CLE Director

ADRIENNE BENNETT CLUFF, Marketing & Communications Coordinator

TRACI HOLLANDSWORTH, Programs & Events Coordinator

SHIRLEY ROBERTS, Finance Coordinator

VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE?

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

Events of Interest

Nashville Bar Foundation

Grant Applications

The Nashville Bar Foundation is now accepting grant applications for 2022. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. Grant eligibility and application guidelines can be found at NashvilleBar. org/NBFGrantGuidelines. The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/NBFGrantApplication and are due in mid-January. Watch your NBA Weekly Update for further information. n

Didn’t Renew Your Dues?

Last chance to renew your dues! The 2021 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

The NBA YouTube Channel

Have you checked out our YouTube channel at YouTube.com/NashvilleBar ? There you can find free historical CLEs from years past, oral histories of the Nashville legal community’s most prominent characters, and more! n

The 2022 David Rutherford Award

The Nashville Bar Foundation (“NBF”) is currently requesting nominations for the 2022 David Rutherford Award. This award will be given to a Fellow of the NBF who exemplifies the memory and ideals of David Rutherford, which include professionalism, charitable contributions in the legal field and in the community as a whole, and the spirit of collegiality among the bench and bar. The nomination form can be found at NashvilleBar.org/ RutherfordAward . The deadline for nominations is Friday, December 10. n

Welcome to the NBA!

Congratulations on your membership—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)

Avery Alsup

Sam Baker

Hannah Berny

Alex Blonder

Josh Bolian

Jack Bond

Micah Bradley

Eric Brokaw

Matt Bryson

Eric Byrd

Ashley Cannon

Sarah Caron

Alex Carver

Chika Chimezie

Tyler Corcoran

Mitzi Dorris

Grace Dunn

Karin Dwight

Kim Easterling

Maverick Flowers

Jamie Glass

Aly Hamby

Sloan Hasting

Alice Haston

Elizabeth Huertas

Matthew Huffer

Stefan Hughes

Mari Jasa

Benjamin Joseph

Cady Kaiman

Katherine Kimmel

Laura Layton

Cynthia Lee

Joseph Longenecker

Lindsay Lundeen

Katie Miller

Courtney Mohan

Matthew Mullins

Trent Norris

Amy Osborne

Nattaly Perryman

Cara Rhodes

Martin Shepherd

Regan Sherrell

Rachel Tom-Quinn

Melissa Tribue

Advancing the Rule of Law Now

This speech was given by Judge Jane B. Stranch during the NBA 2021 Law Day on Tuesday, October 12, 2021.

I was asked to speak on “the Rule of Law,” a term center stage in many discussions (and arguments) about our legal/judicial system, but I fear we lack a common understanding of what it means and so we end up talking past each other.

Let’s begin with the definition of “The Rule of Law.” UScourts.gov explains that: “the Rule of Law is a principle under which all persons, institutions, and entities are accountable to laws that are: publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights principles.”

The Administrative Office of the Courts has short videos by judges explaining foundational principles. One discusses the Rule of Law, suggesting the Rule of Law is a social compact to which all of us are accountable, a compact that undergirds day to day life in our nation and enables us to, for example:

• plan to buy things because U.S. money or cards representing currency will be accepted;

• know that our money is held in financial institutions that are (somewhat) regulated for our protection;

• expect that food will have some safety due to regulation of its production and sale; and

• use a post office to send or receive mail that others have no right to open and read.

The videos explain that it is the U.S. Constitution that establishes the rights that protect our everyday lives. Our Constitution has been called counter-majoritarian because it provides for certain individual rights that will be protected against what some founders called the tyranny of the majority.

In passing the Bill of Rights, the majority agreed not to interfere with specified principles of great importance to our nation. So, barring a Constitutional Amendment, even 51% or more of Americans or the government itself may not take away these

rights. They are familiar to you:

• the right to worship or not as each person sees fit;

• the right to speak our minds and to peacefully assemble;

• the right in criminal proceeding to a speedy and public trial by an impartial jury; and

• the right of citizens of the United States to vote without regard to their sex, race, color, or previous condition of servitude.

The key to upholding this compact that we call the Rule of Law is an INDEPENDENT review mechanism – the Judiciary. But in the American expression of democracy, there has always been tension among the parts of our tripartite government – Executive, Legislative, and Judicial. But the founding fathers intended a system of checks and balances made up of independent but cooperative units. Their plan included: creation of three co-equal branches, separation of powers among those branches, and, like the proverbial three-legged stool, the understanding that all three branches are required to make a whole, functioning government.

In explaining the need for an independent judiciary, Alexander Hamilton wrote that the federal courts “were designed to be an intermediate body between the people and their legislature” for the purpose of ensuring that the people’s elected representatives could act only within the authority the Constitution gave to Congress.1 And if any law passed by Congress conflicts with the Constitution, “the Constitution ought to be preferred to the statute” because the Constitution expresses “the intention of the people,” by which “the judges ought to be governed.” And, as we know, this understanding of the role of the judiciary was enforced in 1803 in Marbury v. Madison, which clarified that it is the job of the judiciary to review the constitutionality of the acts of Congress.

To accomplish its role as interpreter and guardian of the law, the federal judiciary was created to be independent of normal political influence: the judiciary was not assigned a policy role in government and its method of appointment, confirmation,

(continued on page 8)

Feature Story | Advancing the Rule of Law Now

and grant of life tenure were intended to guard it from political pressure. Although our judicial system is not perfect, it is the envy of the world. Why? Because our courts are independent of the other branches of government so that in the courtroom: all people and all entities stand equal in their quest for justice.

LET’S WORK TOGETHER TO PROTECT YOUR CLIENTS’ INTELLECTUAL PROPERTY.

Atticus Finch reminded us of that in To Kill a Mockingbird, saying that “Our Courts have their faults, as does any human institution, but in this country our courts are the great levelers, and in our courts all men are created equal.”

The ability of our judicial system to fulfill its role is dependent on the consent of the governed–the American people. And that is consistent with the founders’ plan that gave the courts the last word on whether a statute violates the Constitution—what Hamilton called the fundamental laws of the American people. It is important to recognize that consent to accept judicial decisions is tied to respect for the judicial branch of our government.

judges identified by their gender or their nationality as if those traits make them unacceptable to be judges or license an assault on their decisions. Some groups and individuals openly call for defiance of court orders with which they disagree. Some have sought to usurp the court’s role. Such assaults demean the judicial branch and thereby demean our tripartite American system of government.

This is not the first time we have seen such dangers. In the early 1900s, a time of attacks on the courts, similar to those we see today, Supreme Court Justice Brandeis termed the underlying problem or cause a “waning respect for law.” The same is true today, but I fear that now it is also evidence of a deeper malady—a waning respect for each other. It may be that the two are always tied together.

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The Respect of the American people for the judiciary and the American justice system is undermined by any appearance that courts are not in fact independent of politics; and is undermined by rhetoric claiming that courts have no duty to be independent or are in fact subservient to another branch or courts can, or should, be punished for exercising their independence in handling cases or writing opinions.

How do we fit in this history? We live in difficult times. Sadly, our judicial branch and our justice system—both of which depend for their efficacy on respect for the rule of law—are now under attack in some quarters. Judges have been politically and personally reviled for their decisions. We have seen

Our lack of respect for the rule of law is inextricably intertwined with the current assaults on our judicial branch of government. Both grow from the same bad seed and will produce a similar harvest—damage to our democracy. That does not mean that there cannot be disagreement about judicial decisions. Do all of us here agree with every judicial decision? Of course not! Nor do Judges, as is evidenced by our dissents and concurrences. But unlike those who seek to destroy an independent judiciary, our tradition of dissent in opinions is generally aimed at using our own system to powerfully articulate a counterargument.

Dissents have power and value in the legal/judicial system. There is an excellent explanation of this in the recent book The Great Dissenter, The Story of John Marshall Harlan, Ameri-

Law Day 2021: Up Close and Personal

On October 12, 2021, attorneys, friends, and family members enjoyed the rare opportunity to get together, interact with one another, and generally have a good time. The theme for Law Day 2021, “Advancing the Rule of Law Now,” seemed very appropriate for our present time and place in history. More importantly, it was an opportunity to get together, see old and new friends, and recognize those of us who have truly advanced the Rule of Law. As usual, Judge Frank Clement was the Master of Ceremonies, exhibiting his usual affable, entertaining self. (I know it is hard to believe, but he did not commit even a single faux pas.)

DarKenya Waller, Executive Director of the Legal Aid Society of Middle Tennessee, announced the results of its fundraising efforts this year through the expert guidance of Fundraising Chair Lela Hollabaugh. It is hard to believe, but the Legal Aid Society exceeded its fundraising goal of $830,000. The total actually raised was $901,968. Kudos to everyone who participated in this effort, especially Lela.

Next, Quan Poole and Ryan Loufborrow of the NBA Young Lawyers announced the winner of the YLD Art Contest. Molly Maze was the recipient of that award, and her beautiful and educational artwork was on display in the hall. More importantly, Molly was present to accept her award, and she was sitting beside her understandably proud mother. Tabitha Robinson provided the next award for diversity recognition. The recipients of those awards were Legal

Aid Society, Asurion, Spencer Fane Bone McAllester, and Baker Donelson, with Frost Brown Todd and Davidson County Juvenile Court as Emerging Leaders.

Judge Clement next introduced the “short-timer” President of the Nashville Bar, Mike Abelow. Mike ably introduced the presenters for the various awards and our keynote speaker. He first presented the Pro Bono Awards. Mary Langford received the much-deserved Pro Bono Attorney of the Year Award. The Pro Leadership Award went to powerhouse firm Bass Berry & Sims.

Hal Hardin presented the much-deserved Jack Norman, Sr. award to Henry Martin, our Federal Public Defender. As Hal acknowledged, and as we all do, Henry Martin has dedicated his life to advancing the rule of law, especially for those who are unable to afford an attorney to defend them. As usual, Henry made an articulate, yet self-effacing speech, and everyone in the room was moved by his humility and eloquence .

The treat of the event was our keynote speaker, Judge Jane Stranch. Our editorial team was so impressed and moved by her well-researched and fervently delivered speech that we decided to provide the full text of her speech in this Edition of the Journal. Judge Stranch made us all reflect upon, and remember the reasons our country is so great. As long as there are judges like Jane Stranch out there, we can rest assured that the rule of law is safe

CAN

YOU NAME THESE PEOPLE?

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

OCT/NOV GOLDEN OLDIES

Congratulations to Stuart Campbell of Stites & Harbison PLLC for correctly identifying the individuals in last issue’s photo! From left to right: Rick Humbracht, Paul Sloan and William H. “Bill’ Barr.

NBA staff and members marched in the Nashville Veteran’s Day Parade.

BACKGROUND CHECK

Chancellor Ellen Hobbs Lyle | Bart

Pickett

In less than a year, Nashville will lose one of its most respected trial judges. Chancellor Ellen Hobbs Lyle will hang up her robe after a 20+ year career on the bench. Anyone who has been before the Chancellor knows her attention to detail and the careful analysis she employs. Lyle, a 5th generation Nashville native, credits her style to her high school alma mater, Harpeth Hall. The school, where she took five years of Latin, instilled a love of literature and textual analysis. Lyle’s family lived off Otter Creek Road on a former family farm in the hills south of Percy Priest School where she attended elementary school. She grew up the second of four children to a father who was a chemical engineer in management at the Ford Glass Plant and a mother who was a homemaker.

In 1975, Lyle attended college at UT in Knoxville where she graduated Phi Beta Kappa with an English major and added electives in business and theatre, and acted in plays including stints at a dinner theater.

She had known since high school that she wanted to go to law school,

solidified by serving as high school student body president and a “winterim” studying the legal profession. Lyle stayed in Knoxville and in 1978 attended UT College of Law. While there, she made friends from across the state that continue to this day. She served on law review, moot court board, and the international moot court team. She also served as the SBA secretary under the leadership of SBA president John Tarpley.

Following her graduation in 1981, Lyle took a job with Fulbright and Jaworski in Houston, Texas, one of the country’s largest firms at the time. Lyle was assigned to an oil and gas litigation section and developed an interest and experience in commercial litigation. She remembers her first research assignment was on piercing the corporate veil. Lyle returned to her hometown after 3 years in Houston, and joined Trabue, Sturdivant & DeWitt in litigation. She advanced to partner at the firm before being appointed by then-governor Don Sundquist to a chancery position in 1995. Since then, Lyle has served the people of Davidson County as a chancellor for over three terms. She particularly enjoyed being the first judge assigned by the Tennessee Supreme Court to preside over the Business Court Pilot Project. A hornet’s nest, turkey feathers, and geodes sit next to law books in her office. Growing up, Lyle sometimes accompanied her dad and brother, Bill, hunting and fishing, and learned gardening from grandmothers and a great aunt. But with the increasing demands of school and work, Lyle jokingly acknowledges she’s spent a lot of time in the library or behind a

computer. She now wants to revert to her earlier days and plans to spend as much time outdoors as possible. She loves working in her vegetable and flower gardens and walking. She and her husband have camped out west and walked parts of Ireland, England, Italy and France. She additionally plans some work in the law part-time to the extent it enhances her life.

She does not have to look far for an example of post-judicial life. Lyle has been married to former Circuit Court Judge Walter Kurtz since 1997. Kurtz has continued to take various part-time legal work while still leaving time to enjoy his hobbies. Kurtz and Lyle look forward to splitting their time between Nashville and a second home in Sewanee. The couple loves to travel. One of Lyle’s favorite destinations is Santa Monica, California, where Lyle’s daughter lives and works as a Content Designer for Paypal’s shopping platform, Honey.

On August 31, 2022, less than two weeks after Lyle’s 65th birthday, her time on the bench will officially end. Chancellor Lyle thanks the people of Davidson County and all the attorneys who have appeared before her over the years. 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.

Editorial | Law Day 2021—Up Close and Personal

and well in the United States.

Finally, John Tarpley, who had just flown back into town, introduced his classmate and friend, Chancellor Ellen Hobbs Lyle, a beacon for the Rule of Law for her entire tenure as a Davidson County Chancellor. Chancellor Lyle was able, in a very short and moving speech, to compliment her husband, Walter Kurtz, and, at the same time, pull his chain; reflect upon the strides our chancery court has made under her leadership and hard work; and make certain that everyone at the event was aware of the hard work and dedication of her staff, and the staff of the Chancery Court.

Upon leaving this year’s Law Day celebration, those of us who have been around a while, along with those who are just beginning or at the middle of their legal careers, departed with a level of opti-

mism and thankfulness for being blessed with the opportunity to practice this noble profession. Let’s hope that each of us can retain that optimism as we continue to do what we can to advance the rule of law. n

BILL RAMSEY is an attorney with Neal & Harwell, where his primary focus is complex civil and criminal litigation. He also has a significant entertainment law practice representing artists and entertainers.

Martesha Johnson, Chief Public Defender

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BILL & PHIL’S GADGET OF THE MONTH

Samsung Galaxy Book Pro 360 |

We have been in the market for a new laptop and have spent quite a lot of time trying to decide which one to purchase. There are a lot of new incredible laptops that have been released recently including new models from the Microsoft Surface line, Apple MacBook line, Lenovo Thinkpad line, and Dell Latitude line, to name a few. We started our search by stipulating that whichever laptop we purchased had to be lightweight (preferably 3 lbs. or less); Microsoft Windows-based; Intel Core i-7 processor; long battery life; and convertible from a laptop to a tablet. We recognize that there are very good options that do not meet all these requirements; but these were the standards that we wanted for our new laptop.

Our search was aided somewhat by Intel, the company that makes many of the processor chips found in computers. Beginning in 2020, Intel created the Intel EvoM label which any laptop can carry, regardless of manufacturer, if the laptop meets some minimum requirements that Intel considers important for a business-class laptop. Some of those requirements overlapped with our wish list, so we narrowed down our search to laptops that were designated as Evo compliant.

Phil has always been a fan of Samsung phones; but up till now we had never purchased a Samsung brand PC or laptop. Our search for a new laptop ended when we found the Samsung Galaxy Book Pro 360, which became our first Samsung computer purchase. For start-

Bill Ramsey & Phillip Hampton

ers, the Galaxy Book laptop convertible carries the Evo label, which means it already has many of the requirements that we were looking for in a laptop. We opted for the 15” display model (there is also a 13” display model).

There were a few unique features about the Galaxy Book Pro 360 that really stood out to us in the selection process. Samsung, of course, is known for their stunning AMOLED displays on their high-end phone models. They have replicated this very rich display on the Galaxy Book Pro laptop. The full HD 15” display on our laptop is bright and the colors are very rich. Also, the Galaxy Book Pro 360 is a 2-in-1 convertible. The screen can rotate a full 360 degrees to lay flat on the other side of the keyboard. Even in this tablet mode, the device is very thin and very comfortable to work with. The laptop also comes with a Samsung S-Pen for writing on the screen. We use it quite frequently to sign and annotate documents and to take notes; and it works very well. We wish the laptop had a designated slot to store the pen when not in use. It will attach magnetically to the back of the display panel; but we tend to store it separately in our backpack so that it will not get lost accidentally.

The laptop itself is very light, tipping the scales are right at 3 lbs. The 15” display provides enough room for a separate number keypad on the keyboard, which is one of the reasons we went with the larger display screen. The keyboard itself, while spacious enough, is just an ok keyboard in terms of tactile response. We wish the keys on the keyboard had a little more depth to them; but maybe we’re just being a little too picky. The touchpad on the keyboard panel is huge; but (and again we are probably being overly picky) the touchpad surface is so smooth that our

finger tends to move too quickly while selecting items on the screen. The feel of the touchpad has taken some getting used to.

While Samsung advertises a 20-hour battery life, we haven’t verified that our model actually gets that performance. We are, however, able to unplug the laptop in the morning; take it with us to the office or court; use it all day long for general office work (and a little bit of leisure) on a single charge. All-day battery life is very important to us because we hate having to scramble in the middle of the day to find an outlet to recharge our laptop.

Being that Samsung is the manufacturer, you would expect there to be tight integration features between the laptop and any other Samsung products. There is a Quick Share feature that allows you to share content very easily between the laptop and your Samsung phone. The Samsung Flow app also lets you share your phone screen directly to your laptop screen. There are further integrations for Samsung’s earbuds Galaxy Buds and the Galaxy Watch, which we have not used. The bottom line is that the Samsung Galaxy Book Pro 360 is a great laptop regardless of what other smart devices you may own; but, if you own Samsung devices, the nice integration is an even stronger incentive for getting this laptop.

So, we are very pleased with our recent laptop purchase. As of right now, our new Galaxy Book Pro 360 is scratching all our itches. But we are anxiously awaiting the 2022 Consumer Electronics Show coming up in January in Vegas. We can’t promise we won’t be back in buying mode after the first of the year.

-Bill & Phil n

Feature Story

ca’s Judicial Hero. It centers on three of his many dissents in the U.S. Supreme Court:

• Plessy v. Ferguson, 163 U.S. 537 (1896) – lone dissent;

• Lochner v. New York, 198 U.S. 45 (1905); and

• Civil Rights Cases, 109 U.S. 3 (1883) – lone dissent.

These dissents operate within the system. They are rightly called “an appeal to the next generation of jurists”; or better, “beacons to escape from the maze of tainted opinions laid down by the court’s majority.” And, with time, they succeeded and became law.

1. Lochner (1905). The Supreme Court held that a state law barring bakers from working more than 60 hours a week violated the 14th Amendment’s due process clause because it interfered with the bakers’ “freedom to contract.” Justice Harlan’s dissent focused on deference to the state legislature’s reasonable concern for the health and safety of its people, and “the inequality of bargaining power between workers and their employers” that forced employees to work excessive hours under health-harming conditions or lose their jobs.2

Over 30 years later, amidst the Great Depression, Justice Harlan’s analysis was used in cases upholding wage and hour laws and other protective labor legislation.

2. Civil Rights Cases (1883). Five consolidated cases challenged the constitutionality of The Civil Rights Act of 1875 that prohibited racial discrimination by hotels, theaters, transportation facilities, etc., when providing public

accommodations. Concluding that Congress has limited powers to regulate private behavior, the Supreme Court held the Civil Rights Act unconstitutional. The 13th Amendment’s prohibition on slavery was held inapplicable to this discrimination because the majority decided “[i]t would be running the slavery argument into the ground to make it apply to every act of discrimination which a person may see fit to make as to” entertainment, transportation, or business dealings.3 The 14th Amendment was found unavailable because it applied only to government action.

Justice Harlan, the lone dissenter, argued that the 13th and 14th Amendments should be interpreted broadly to cover places like hotels and theaters that serve a public function. And that to enforce the 13th Amendment, Congress is to “enact laws to protect that people against the deprivation, on account of their race, of any civil rights enjoyed by other freemen in the same State.”4 Under the 14th Amendment, Justice Harlan asked what “rights, privileges, or immunities” did the grant of State citizenship provide? And he answered with at least one: “exemption from race discrimination in respect of any civil right belonging to citizens of the white race in the same State.”5 To the majority’s argument that a man emerging from slavery must at some point become a “mere citizen, and cease to be the special favorite of the laws,” Harlan replied “It is, I submit, scarcely just to say that the colored race has been the special favorite of the laws. The statute of 1875, now adjudged to be unconstitutional,” is for the benefit of all citizens and secures to the colored race “nothing more,” than “what had already been done in ev-

ery State of the Union for the white race.”6

It took 80 years, but Harlan’s rationale prevailed. The Civil Rights Act of 1964 prohibited discrimination in public accommodations, pursuant to the 13th Amendment.

3. Plessy v. Ferguson (1896). A Louisiana law required railroad companies to provide separate cars for Black and white people but Homer Plessy, who was 7/8 white, refused to leave a whites-only railway car. The Court upheld the constitutionality of the state law as a “mere legal distinction” and a “reasonable” separation of the two races.7 Justice Harlan’s lone dissent argued that “There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.” He chided the majority noting that “It is therefore to be regretted that this high tribunal, the final expositor of the fundamental law of the land, has reached the conclusion that it is competent for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race.”8

The rationale of Harlan’s dissent took over 50 years to become the law. In Brown v. Board of Education of Topeka, Shawnee County, Kansas, 347 U.S. 483 (1954), the Court held that “in the field of public education the doctrine of ‘separate but equal’ has no place.”9 In cases that followed Brown, the Court affirmed the unconstitutionality of state laws requiring segregation in other areas of life.

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

FRIDAY, DECEMBER 10 | VIRTUAL SEMINAR

GOVERNMENT PRACTICE & PROFESSIONALISM INSTITUTE

OVERVIEW

Registration is open for the NBA’s Annual Government Practice Institutes. We are excited to be back LIVE in person at the Tennessee Tower, and offer six hours of Government-specific CLE—including three hours of ethics.

For more than 20 years, the NBA has provided government attorneys exceptional CLE. We look forward to continuing to provide you with high quality programs focused on government practice issues.

Topics will include updates on TN & US case law, public records, navigating the new workplace, title VI talk, the annual Ridley Staley report, and more!

PRESENTERS

Presenters, agenda, and more information can be found at NashvilleBar.org/GovernmentCLE.

Seminar

– 4:15pm

OVERVIEW

Gain valuable insights on trial practice procedure from seasoned practitioners.

A full list of topics is available online at NashvilleBar.org/ ChanceryCourtInstitute.

Chancellor Ellen Hobbs Lyle

Chancellor Anne C. Martin

Chancellor Patricia Head Moskal Special

Maria Salas

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

WEDNESDAY, DECEMBER 15 | LIVE SEMINAR

CIRCUIT COURT INSTITUTE

OVERVIEW

Gain valuable insights on trial practice procedure from seasoned practitioners.

A full list of topics is available online at NashvilleBar.org/CircuitCourtInstitute

PRESENTERS

Judge Joseph Binkley

Judge Kelvin Jones

Judge Philip Smith

DETAILS

Seminar . . . .

1:00 – 4:15pm

Credit 3.0 General

Location

NBA Members

Non-Members $279

THURSDAY, DECEMBER 16 | HYBRID SEMINAR

THE DOS AND DON’TS (BUT MOSTLY DON’TS) OF HOLIDAY PARTIES AS ILLUSTRATED BY MICHAEL SCOTT OVERVIEW

The Employment and Civil Rights Section could not resist another Michael Scott-inspired CLE with the upcoming holidays. As you may know, The Office had some infamous Christmas holiday parties, mostly filled with moments that would make any employment lawyer cringe. Please join Courtney Leyes with Fisher Phillips and Rob Martin with Meridian Law for a fun-filled CLE during which we will re-visit those cringe-worthy moments and discuss just how much liability Mr. Scott and others created under various employment laws. Following the CLE, we will have a holiday pub-crawl. Tacky holiday attire is encouraged (but no need to turn your Santa suit inside out like Mr. Scott).

PRESENTERS

Courtney Leyes, Fisher Phillips

Robert Martin, Meridian Law

DETAILS

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

WEDNESDAY, DECEMBER 29 | LIVE SEMINAR

CLE FILM FESTIVAL

Erin Brockovich OVERVIEW

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

This CLE seminar features Erin Brockovich, a classic film based on a true story. Follow along as we learn more about how a woman becomes a legal assistant and plays a key role in taking down a major power company that’s polluting a California city’s water supply.

For more information, visit NashvilleBar.org/FilmFestivalErin

PRESENTERS

Daniel Clayton, Kinnard, Clayton & Beveridge

THURSDAY, DECEMBER 30 | LIVE SEMINAR

CLE FILM FESTIVAL RBG

OVERVIEW

The NBA’s popular end-of-the-year Film Festival is back! Earn your ethics hours by participating in a discussion surrounding Ruth Bader Ginsburg’s life as portrayed in the 2018 documentary, RBG

For more information, visit NashvilleBar.org/FilmFestivalRBG.

Capitol Notes |

Every dog has his day.

Extraordinary Sessions Galore! October is one of our favorite months. The weather is cooler with warm days and pleasant nights; our humans enjoy the confluence of football and baseball seasons as well as hockey and basketball. We don’t usually expect much legislative activity other than shameless fundraising. This October, however, saw not one, but two, extraordinary legislative sessions with one being called by Governor Bill Lee and the second being convened by our legislative friends. Governor Lee’s efforts brought the General Assembly back to our Capitol to approve the incentive package and the governance structure for the Memphis Regional Megasite. The site named Blue Oval City, think Ford logo, will include the motor vehicle assembly plant, a battery plant, and some related supplier facilities. The estimated project cost is $5.6 billion, and the estimation of new jobs is 5,700. Construction is slated to begin this December with 2025 as the completion date. This project will bring generational change to Haywood and Fayette counties and our entire state. The first extraordinary session convened on Monday, October 18, and easily finished in three days with many congratulatory handshakes and belly rubs all around. With the second extraordinary session, for only the third time in our state’s history, a

two thirds majority of each house of the General Assembly signed a petition convening the General Assembly. They gathered on Wednesday, October 27. Over 80 bills were filed in each house, but seven bills and a resolution sponsored by the two speakers had the inside track to passage and did indeed pass. Our legislative friends continue to be irritated that they cannot legislate the virus away, but that simple fact did not keep them from trying. The omnibus bill, SB 9014 by Jack Johnson / HB 9077 by Jason Zachary which became Chapter 6 of the Third Extraordinary Session of the 112th General Assembly is linked here: Tennessee General Assembly Legislation. House Speaker Cameron Sexton was the bulldog with the collar on, and his leadership set the start date and the duration of the session. The business community has howled about the new statute, and even more so about the process used during the extraordinary session which ended way past our bedtime in the early morning hours of Saturday, October 30. That process was skinny on transparency as well as any opportunity to present testimony. It remains to be seen if that legislative work product will be revisited in the 2022 regular legislative session.

Judicial Elections. The first day a candidate may pick up a qualifying petition from the election commission office for the May 3, 2022, primary is Monday, December 20, 2021. The next campaign financial disclosure report is due January 31, 2022, and the qualifying deadline is noon on Thursday, February 17, 2022.

Rule of Law. This year’s Law Day Theme is “Advancing the Rule of Law Now” and the NBA celebrated the theme well with this year’s October luncheon event. In Federalist No. 78, Alexander Hamilton noted that the Judicial branch of the proposed

government would be the weakest of the three branches because it had “no influence over either the sword or the purse, ...It may truly be said to have neither FORCE nor WILL, but merely judgment.” Hamilton remembered his classical education well and the observation of Aristotle that “The law is reason free from passion…Man, when perfected, is the best of animals, but when separated from law and justice, he is the worst of all.” Our legislative friends recognize these two thoughts in the abstract, but anger with a single decision may lead to a lack of respect for judges personally and the process generally, and we all suffer for that. We don’t even agree with our humans filling the food bowl all of the time, but we always respect them and the process.

Calendar Checklist.

Keep your mistletoe and poinsettias away from the dog food bowl. Even if not fatal, the result may well be a present you do not want to see under your tree.

Send a holiday card to your favorite legislative contacts, be they elected officials or staff members. Each will appreciate the thought, and it’s a nice way to stay in contact with a gentle touch.

NBA offices will be closed on Friday, December 24, and Monday, December 27, for the Christmas holidays and Friday, December 31, and Monday, January 3, for the New Year’s Day holiday.

The General Assembly will convene in regular session at noon on Tuesday, January 11, 2022. n

PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

Peggy Sue, the Beagle Hound

The Great Dissenter is a superb biography of a Supreme Court Justice who understood the founder’s concept of an independent judiciary and acted on his duty as the “final expositor of the fundamental law of the land”—the Constitution when explaining how the legislative enactments authorizing discrimination on the basis of race violated the “people’s laws” as stated in the Bill of Rights. Justice Harlan understood his duty and performed his job. It just took the rest of us too long to acknowledge that he was right. Simply put, our job now is to ensure that the Judiciary is not prevented from fulfilling the purpose for which it was created.

Our history reveals the intention of the founders to establish the judicial branch as an equal and independent branch of our American Government and the reason they thought that necessary. I believe that the judiciary and our justice system can and must fulfill the role assigned to them at our founding because the continuing independence of the judicial branch is necessary to our democracy. I also think that we would do well to take a hard look at the current attacks on our legal/judicial system and come to its defense, individually and collectively.

The Nashville Bar Association is a good place to begin. This room is full of people who serve our legal/judicial system in different ways—as many ways as there are interests among our members. Just like America, the NBA is diverse and has the capacity to touch many different people and communities with the message that our legal/judicial system matters to our democracy.

We live in times that cry out for calm voices to publicly speak FOR the value and the necessity of an independent judicial branch that, in the tripartite Government established in the Constitution, is co-equal with the Legislative and Executive branches It is also a time in which calm voices need to speak AGAINST the actions and attitudes that threaten the legal system and our democracy:

The politics of division.

The calls to attack judges professionally and personally.

The encouragement to defy or just ignore judicial opinions.

The attitude that deems the work of attorneys a joke.

If you don’t defend your profession, who will?

I suggest that you begin by simply talking to people about the benefits of our legal system, particularly as compared to other legal systems. Just think of your efforts to protect and defend the practice of law and the independence of the Judicial Branch of our government as a salute to the American system of justice

Each of you here today is part of the legal/judicial system envisioned by our founders. It has stood the test of time but these days that system is in need of some support. It would certainly benefit from yours. Thank you. n

Endnotes

1 Alexander Hamilton, Federalist No. 78, in The Federalist Papers

2 Lochner v. New York, 198 U.S. 45 (1905) at 69–73.

3 Civil Rights Cases, 109 U.S. 3 (1883) at 24–25.

4 Id. at 38.

5 Civil Rights Cases, 109 U.S. 3 (1883) at 48.

6 Id. at 61.

7 Plessy v. Ferguson, 163 U.S. 537 (1896) at 543, 550–51.

8 Id. at 559.

9 Brown v. Board of Education of Topeka, Shawnee County, Kansas, 347 U.S. 483 (1954) at 495.

HON. JANE STRANCH is a federal judge with the United States Court of Appeals for the 6th Circuit. She joined the court in 2010 after a nomination from President Barack Obama.

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 Traci.Hollandsworth@nashvillebar.org. Pro Bono credit applies, and a complimentary dinner is provided.

Thank you to our April/May volunteers!

GINA CRAWLEY

CHRIS HUGAN

TOM LAWLESS

JOE RUSNAK

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

David Anthony

Gail Ashworth

Laura Baker

Daniel Berexa

Michael Berman

Mark Beveridge

Joe Binkley

Charles Bone

Josh Brand

C. Dewey Branstetter

Joe Brown

Kenneth Byrd

Christopher Cardwell

Loy Carney

Mark Chalos

William Cheek

Daniel Clayton

Seth Cline

Todd Cole

Christopher Coleman

Grover Collins

John Day

Joy Day

Jacqueline Dixon

Keith Frazier

Barry Gammons

David Garrison

Andy Goldstein

Richard Green

John Griffin

William Harbison

Marian Harrison

Aubrey Harwell

Trey Harwell

Lisa Helton

John Holt

Lloyd Houk

Paul Housch

Joseph Hubbard

R. Jan Jennings

Andrew Kaufman

Jordan Keller

Christopher Kelly

John Kitch

William Koch

Irwin Kuhn

Edward Lanquist

Thomas Lawless

Wendy Longmire

Christina Lopez

Randal Mashburn

Sam McAllester

Amanda McClendon

Carol McCoy

Nicholas McGregor

Bob Mendes

Margaret Moore

Patricia Moskal

Phillip Newman

Elizabeth Ozment

Mattison Painter

Kyle Parks

David Parsons

Gregory Pease

Andrea Perry

Tracy Powell

George Preston

David Raybin

Sara Reynolds

Nathan Ridley

Christopher Sabis

Carolyn Schott

Joseph Shelton

Kimberly Silvus

Martin Sir

Elizabeth Sitgreaves

Ronald Small

Eric Smith

Laura Smith

Saul Solomon

Kimbra Spann

John Spragens

Joycelyn Stevenson

Michael Stewart

Gerard Stranch

James Stranch

Aleta Trauger

Howard Vogel

Michael Wall

Elizabeth Washko

Jim Weatherly

Thomas White

Thomas Wiseman

Talley Wood

Edward Yarbrough

Bill Young

Stephen Young

Gulam Zade

Stephen Zralek

SALMON NIÇOISE SALAD FOR TWO

Kitchen Notes

Pair with a French Chenin Blanc (pictured) or South African Cabernet Sauvignon.

Ingredients

For The Niçoise Salad

8-10 baby red potatoes rinsed and diced

½ pound French green beans

1 English cucumber

1 cup grape tomatoes, halved

4-6 Radishes sliced (I prefer watermelon, but regular is ok)

½ cup roughly chopped Castelvetrano olives

OR Kalamata olives, pitted

1 tablespoon capers or caperberries to taste

Crumbled Feta to taste

Chopped parsley on top

For The Dressing

¼ cup olive oil

1 tablespoon Dijon mustard

3 tablespoons lemon juice freshly squeezed

1 teaspoon kosher salt

½ teaspoon ground black pepper

For the Salmon

2 center-cut, skin-on salmon fillets – ~9-10 oz. each

1 tablespoon olive oil

1 teaspoon kosher salt

½ teaspoon ground black pepper

Directions

Rinse and dice the potatoes. I like to make them in an air fryer, 8-10 minutes on 400 degrees.

Steam the French green beans in the bag in the microwave.

Peel the cucumber and cut it into slices, halve the grape cucumbers, and slice the radishes.

For the dressing, combine the ingredients.

Season the salmon with the olive oil, salt, and ground pepper, and roast the fillets in an air fryer for 9 minutes at 400 degrees.

NBA High School Intern Program Participants: Where Are They Now?

The Nashville Bar Association’s High School Intern Program is one of the Diversity Committee’s largest projects each year. The Program recruits high school students—primarily from Metropolitan Nashville Public School system— for paid summer internships. Interested students complete a rigorous application and interview process with selected Diversity Committee members and successful applicants are paired with participating employers based on their interests. In addition to the internships, selected students complete an eight-week “lunch and learn” series, coordinated each year by members of the Diversity Committee. Through these lunch and learns, students meet judges and the mayor, visit courthouses and law schools, attend panels featuring local attorneys, and more.

For over twenty years, the program has inspired students to pursue a profession in law while forming their foundations for success. It continues to make the legal profession accessible to those who are not afforded traditional paths into the profession. Here are the stories of some of our former Program participants.

Cornell Kennedy, Member at Sherard Roe Voigt & Harbison

When did you know you wanted to be a lawyer?

Probably about two weeks into the NBA High School Diversity Program.

What inspired you?

Prior to the Program I didn’t know much about being a lawyer and the legal profession besides what I had occasionally seen on television and that was only trial lawyers. However, during the program I not only experienced the litigation side of law but also the corporate world of the legal profession and from then on knew I wanted to be a transactional lawyer.

What was your favorite part about the Program?

Being exposed to a professional setting. Prior to the program, I had never been in a professional setting. I enjoyed learning how professionals dress, talk, interact, etc. The experience left a big impression on me.

You’re now a member at Sherrard Roe. Tell us more about your experience.

I was invited to become a partner in January 2021 and it (continued on page 24)

The full interviews are available to read on the NBA website. The link is listed at the end of the article.

Bill & Phil’s Gadget of the Month

Editorial | NBA High School Intern Program

has been a wonderful experience. I am the first African-American partner at my firm and look forward to being a trailblazer for many other diverse attorneys. Any other thoughts you’d like to share with us?

Battle of the Pros

iPad Pro 12.9 vs iPad Pro 9.7

We love to buy gadgets as soon as they hit the market. We are fully aware that you pay extra for being an early adopter. Guess we enjoy being broke (and also being the first kids on the block with the new toy). So, it should come as no surprise that we bought Apple’s big screen 12.9 iPad Pro as soon as it hit the market.

I would highly encourage employers to consider participating in the Program so that more diverse high schools students have this opportunity. This experience changed the course of my life.

The iPad Pro 12.9

Marina Yousef, 2L at Vanderbilt Law School

When did you know you wanted to be a lawyer? What inspired you?

A few months after my family’s immigration to Nashville, Tennessee, my mom started a minimum wage job for a big employer in town. Despite her gratitude for the opportunity, my mom came home crying most nights. At the age of seven, I did not understand what was wrong, but I was determined to help. As I grew older, I learned my mother was suffering from wage theft and employer intimidation -- she was not alone. Looking around I realized that my family’s struggles were not unique. Seeing my mother’s and community’s helplessness sparked my interest in legal advocacy.

We must admit, we were a bit disappointed when we started fooling with it. Yes, the iPad Pro 12.9 was the biggest, fastest Apple tablet ever made. You can buy a really nice keyboard to go with it, and we did. You can also buy a pressure-sensitive stylus/pencil to take notes, sketch, and really create great art. We bought that too. The giant screen is beautiful, and the quad speakers are incredible. The large screen really works well with split screen apps that are now available in the new iOS 9 series. You can watch movies on the right-side of your screen and edit documents on the left, for example. In other words, you can play and work at the same time; which we don’t necessarily recommend but do occasionally enjoy.

What was your favorite part about the Program?

The lunch-and-learns were my favorite part because I met people with different talents practicing law and gained exposure to the many avenues in the legal profession. Additionally, the Friday lunch-and-learns allowed me to build relationships with other attorneys, who continue to be dear mentors to this day.

Tell us what you’ve been up to since the Program.

pose of having an iPad. (At least we felt that way after we bought it.)

The 12.9” display is so large you really need to carry it in a laptop bag, and it just does not have the portable, compact feel that made the original iPad and its successors so popular. So, while the iPad Pro 12.9 is powerful and has a great deal of potential—especially for graphic designers and media creators— it is not a laptop killer in our opinion.

The iPad Pro 9.7

I believe that the Program opened doors that has led me to where I am today. After finishing the internship, I began college at Trevecca Nazarene University. During my freshman year, I reached out to Raquel Oluyemo (who had become my mentor from the internship) asking if she knew of any opportunities for me to work at a firm. She said she didn’t, but that she was presenting in front of a large group of legal employers and attorneys about the Program. She invited me to share my story and speak about the importance of the internship with the goal that an employer may recruit me after our presentation. After sharing my story, Barbara Bumblis from Neal & Harwell recruited me to work as their part-time receptionist. I gladly accepted, and since Spring of 2017, I’ve worked for Neal & Harwell.

We’re not sure if the Apple execs heard our complaints about the 12.9 iPad Pro, but we took it as a nod in our direction when they subsequently announced a smaller iPad Pro, the 9.7. Gadget nerds like us and our money are soon parted. So, when the new iPad Pro 9.7 became available, we had to buy one immediately, as well. And, as usual, we were excited in anticipation of delivery of our new gadget. We were certain that the new, smaller iPad would be more portable and more in line with the iPads we had come to know and love, while providing all the “Pro” advantages. Unfortunately, we had become spoiled.

the Nashville immigrant community and advocate for them as they continue to pursue their American dream.

Brandon Holt, 1L at Columbia Law School

cameras. Yes, you can take great selfies and great pictures with the high-resolution camera that comes with it. Yes, you can even record videos in 4k resolution.

How did you hear about the intern Program?

Nevertheless, for just regular users it is very hard to tell the iPad Pro 9.7 apart from the iPad Air. The displays are nearly identical. They run the same software. They use the same apps. There just does not seem to be a great advantage to having an iPad Pro 9.7 versus having a regular iPad (especially the sleek iPad Air 2).

iPad Pro 12.9 v. iPad Pro 9.7

But, we were not as overjoyed with our new pricey toy as we thought we would be. First, by the time we added additional storage, a cellular modem, a Bluetooth keyboard, and the pencil, the price tag was creeping up north of $1,200. For that price we could buy a very nice fully functional laptop (keyboard included). In addition, the large size makes the iPad Pro 12.9 seem less portable. Its size almost defeats the pur-

Since then, my NBA and Neal & Harwell mentors have continued to empower me to pursue my dreams. They were with me as I started TISL’s moot court competition, they encouraged me as I considered pursing a position as Chief Justice, and they were there for me as I ran for Student Body President at Trevecca. Because of the relationships I formed and the doors that were opened, I pursued and accepted the opportunity to study at Vanderbilt Law School.

After I told my mom I wanted to be a lawyer, she was relentless about finding opportunities that would allow me to explore this interest, including the Nashville Bar Association High School Intern Program. The intern program was different from other programs in one distinct and important way: it was a paid opportunity. Most internships, especially for high school students, were not paid. The intern program allowed me to learn and explore the law at a young age without adding any burden to my family. I am always grateful to my mom for supporting and pushing me to pursue any potential passion.

Tell us all about your intern placement.

What are your plans once you graduate law school?

After graduation, I hope to practice as a transactional attorney in the Nashville legal market that mentored me. Outside of the office, I want to serve

After using the iPad Pro 12.9, the screen on the 9.7 seemed tiny (yes, we know we complained that the 12.9 was too big; forgive us for being tech divas). With the 9.7 we began to feel like we were just looking at an iPhone screen. In fact, it was very hard to tell the difference between a regular iPad or iPad Air 2 and the iPad Pro 9.7. Yes, the iPad Pro 9.7 has a faster, more power processor than the iPad Air 2. Yes, Apple has updated the iPad Pro

During my summer in the intern program, I worked at Sherrard, Roe, Voigt & Harbison. I mostly worked with the firm’s litigation associates and partners on various matters. The attorneys were very generous about including me in a variety of projects, including discovery and document review, deposition preparation, pleading review, oral argument preparation, and, of course, a lot of indexing and filing. Two of the most memorable experiences were attending a deposition and an appellate oral argument with a couple of the firm’s attorneys.

Returning to the comparison of the iPad Pro 12.9 to the iPad Pro 9.7 (yes, we got a bit sidetracked), we believe the iPad Pro 12.9 is actually a superior product. The high resolution and the four-speaker system take greater advantage of the faster processor and superior display on the iPad Pro models. In addition, you have more screen real estate to use the split screen feature that is bundled into iOS 9—now 9.3.1. Of course, you can use the split screens feature on any iPad, but it just works better on the larger screen. Th e bottom line is that while the 12.9 iPad Pro is a bit more cumbersome to carry, you get spoiled once you have used the larger screen. You do not want to return to a smaller iPad model. So, in our opinion, the iPad 12.9 is the winner (but barely) over the iPad Pro 9.7 or just a regular iPad. But, here is a word to the wise and thrifty. If you are not a spendthrift like us, our best advice is to buy neither “Pro” model and stick with an iPad Air 2. Save your money. n

The people at SRVH were, and continue to be, incredibly supportive of

Editorial | NBA High School Intern Program Participants

(continued from page 24)

me. Outside of the matters on which I worked, one of my favorite memories was when the firm viewed a documentary I created on the Nashville Sit-In Movement for the National History Day Competition. Partners, associates, and staff were genuinely curious and interested in my work. I remember feeling welcomed into SRVH’s culture through that experience. It allowed me to create relationships with more people across the firm and broaden my exposure to the firm’s work.

Tell us what you’ve been up to since the Program.

It has been over 10 years since I was a high school junior in the program. After graduating high school in 2011, I left Tennessee and attended Princeton University in New Jersey. While at Princeton, I studied History and received certificates (or minors) in African-American and Gender & Sexuality Studies. I led and participated in various initiatives on and off campus, including mock trial; advocacy and policy work for Black students and survivors of sexual violence on campus; and criminal justice policy in New Jersey. During my college summers, I interned at the Manhattan District Attorney’s Office and at an investment bank, where I eventually kicked off my professional career.

When I graduated from Princeton, I knew I wanted to work and explore more of the professional world before committing to law school. In high school and in college, I worked with many organizations with adjacency to the law, but I wanted to give myself an opportunity to see and do more. I certainly did not expect to take six years before coming back to the law, but I do not regret a single second. In those six years, I spent

almost two years working in finance and then settled into a career on the sales and client services sides of technology in New York City.

What advice would you give a new high school intern thinking about going into the legal profession?

First, I think it is great that you identified a potential interest, especially at this age. One thing I wish I appreciated more when I interned was the true purpose of an internship at your age: exploration. I encourage you to commit to exploration during your internship. There is a myriad of opportunity within the law and there is also expansive opportunity outside of the law. Participating in the internship does not come with any pressure or expectation that you pursue a legal career. Come to the internship with curiosity and a critical lens. Ask questions that give you a sense of whether you can affect your purpose through the legal profession or if another avenue would serve you and your purpose better. Internships are as much about finding out what you enjoy as they are about finding out what you enjoy less.

To read the full interviews, visit NashvilleBar.org/WhereAreTheyNow

TABITHA ROBINSON is a staff attorney for Nashville Electric Service. She is a co-chair of the NBA Diversity Committee. She is also a board member for the Lawyer’s Association for Women – Marion Griffin Chapter, Women’s Political Collaborative of TN, Sister Cities of Nashville, and on the advisory council for W.O. Smith Music School. Tabitha is a graduate of the University of Tennessee College of Law.

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: 10/10/21

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 1350, Nashville, TN 37219-2419

8. Mailing Address of Headquarters of Publisher: Same

9. Publisher: Adrienne Bennett, Editor: Bill Ramsey, Managing Editor: Caroline Sapp, 150 4th Ave N, Ste 1350, 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

14. Issue Date for

15.

16.

17. This statement of ownership will be printed in the December/January 2021-22 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)

— Adrienne Bennett Cluff, Marketing & Communications Coordinator, Nashville Bar Association, November 16, 2021

September 2021

Hearsay | Honors & Awards,

On the

Move, Firm News

HONORS & AWARDS

c

Bradley Arant Boult Cummings LLP is proud to announce that Lela Hollabaugh was one of ten of the firm’s partners who has been named among the world’s leading product liability defense practitioners in the Who’s Who Legal: Product Liability Defence 2021. Additionally, Hollabaugh was named to the 2021 Benchmark Top 250 Women in Litigation list. Hollabaugh advises leading natural gas pipeline companies and other infrastructure clients on issues involving location, land acquisition, construction and operations.

Bradley Arant Boult Cummings LLP is pleased to announce that Alé Dalton was a recipient of the Alumni Promise Award at the University of Tennessee Knoxville’s Alumni Awards Gala. The Alumni Promise Award recognizes alumni under the age of 40 who have demonstrated distinctive achievement in a career, civic involvement, or both.

Tennessee Defense Lawyers Association (TDLA) has selected Stites & Harbison, PLLC attorney Rachel Dix Bishop as the recipient of the 2021 Rising Star award. The Rising Star award honors a TDLA member who has been practicing law for 10 years or less and who has made significant contributions to TDLA, to the defense bar and/or who

has promoted the interests of young lawyers in Tennessee this year.

Dickinson Wright PLLC is pleased to announce that the firm’s labor and employment practice attorneys, Joshua Burgener and M. Reid Estes, Jr., are recognized in the Benchmark Litigation Labor and Employment 2022 Edition.

Bradley Arant Boult Cummings LLP is pleased to announce that Matthew C. Lonergan and Chuck Mataya have been recognized in the 2021 Benchmark Litigation Labor & Employment guide as “Labor & Employment Stars.”

Bradley Arant Boult Cummings LLP is pleased to announce that Tom Trent , a partner in the firm’s Nashville office, has been recognized for the second consecutive year with a 2021 Client Choice Award presented by Lexology. Trent has also been elected to a second term on the Board of Regents of the American College of Mortgage Attorneys (ACMA).

The Litigation Counsel of America (LCA) has named Stites & Harbison, PLLC attorney Lauren Paxton Roberts as a Fellow. Roberts joins five other Stites & Harbison attorneys who are Fellows of the LCA.

ON THE MOVE

McGlinchey Stafford is pleased to announce that Michael (Mike) Schwegler has joined its national business corporate practice in its Nashville office as a member (partner). Schwegler has represented lenders, creditors, and businesses in commercial and consumer lending transactions, consumer finance regulation and compliance, real estate, workouts, bankruptcy, and commercial litigation matters.

Sherrard Roe Voigt & Harbison is pleased to announce M. Alex Carver and Micah N. Bradley have joined the firm as associates in the firm’s business and commercial litigation group. Before joining Sherrard Roe Voigt & Harbison, Carver was an honors fellow with the Tennessee Office of the Solicitor General and Bradley was a law clerk for the Honorable Eli Richardson in the Middle District of Tennessee.

Hearsay | Honors & Awards, On the Move, Firm News

Dickinson Wright PLLC is pleased to announce that Rachel Schaffer Lawson has joined the firm’s Nashville office as Of Counsel. Lawson is an alcohol and hospitality lawyer who focuses on helping business owners with their legal needs so they can get back to focusing on their businesses. Lawson joins Dickinson Wright from Schaffer Law Firm, which she founded back in 2011.

Bradley Arant Boult Cummings LLP is pleased to announce the addition of Van P. East III to the firm’s Real Estate Practice Group as a partner in the Nashville office. East has extensive experience in commercial real estate, representing clients in purchasing, financing, leasing and selling commercial properties ranging from shopping centers to vacant land.

Josh Bolian has joined the firm of Riley Warnock & Jacobson, PLC. Bolian represents clients in, and counsels clients on, commercial litigation. Before joining Riley Warnock & Jacobson, Bolian served as a law clerk to the Hon. Thomas L. Ambro of the United States Court of Appeals for the Third Circuit and practiced at Robbins, Russell, Englert, Orseck & Untereiner in Washington, D.C.

Stites & Harbison, PLLC welcomes attorney J. Ross Hutchison to the firm’s Nashville office. He joins the

Construction Service Group as a Member (Partner). Hutchison’s practice focuses on both litigation and transactional matters within the construction industry. His clients primarily consist of residential and commercial owners, developers, architects, engineers, general contractors, subcontractors, and material suppliers.

Spencer Fane LLP is pleased to announce John Branham and Bill Wright have joined the firm in the Nashville area as Of Counsel attorneys. Branham will join the Litigation and Dispute Resolution Practice Group in the Nashville office, while Wright bolsters the Tax, Trusts, & Estates Practice Group in the Hendersonville office.

Lewis Thomason’s shareholders have re-elected David Garst , a shareholder in the firm’s Nashville office, to the firm’s Board of Directors for another two-year term. Garst is chair of the firm’s Construction Law Practice Group. He practices principally in construction law, focusing on architects and engineer’s professional liability, construction defect litigation, construction contract law, professional discipline, and commercial litigation.

Sherrard Roe Voigt & Harbison is pleased to announce that Thomas B. Hall has joined the firm as an associate. Hall is a member

of the firm’s business and commercial litigation group, where he will concentrate on complex construction matters. Before joining the firm, Hall was an associate at Smith Cashion & Orr, PLC.

FIRM NEWS

After serving as Disciplinary Counsel with the Board of Professional Responsibility for the past 12 years, Kevin Balkwill is excited to announce the opening of his new firm, Ethics Law, PLLC . The firm will concentrate on attorney ethics, regulation and licensing.

Spencer Fane LLP , an Am Law 200 law firm operating across the nation, is pleased to announce its combination with Bone McAllester Norton PLLC , one of Nashville’s preeminent law firms and one known for its deep commitment to clients and the community. Effective October 1, 2021, the addition brings 38 total attorneys practicing from Nashville and Hendersonville.

Effective January 1, 2022, MTR Family Law, PLLC, (MTR) will merge into and establish the new Family Law Practice Group of Gullett, Sanford, Robinson & Martin, PLLC (GSRM.) During the past several years, the firms have had a strong working relationship, referring countless clients and matters to each other.

Manier & Herod participated in the Tennessee Workers’ Compensation’s reception and fundraising auction to benefit Kid’s Chance of Tennessee. The organization was created to provide educational opportunities and scholarships for the children of workers who were seriously injured or killed on the job. n

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 NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Anderson & Reynolds, PLC

Baker Donelson

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Bradley

Branstetter, Stranch & Jennings, PLLC

Brewer, Krause, Brooks & Chastain, PLLC

Bulso PLC

Butler Snow, LLP

Cole Law Group, P.C.

Cornelius & Collins, LLP

Dickinson Wright, PLLC

Dodson Parker Behm & Capparella, PC

Equitable Trust Company

Evans, Jones & Reynolds, PC

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Fisher & Phillips LLP

Frazer PLC

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Grissim & Hodges

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Healthcare Realty Trust, Inc.

Holton & Mayberry, PC

Kay Griffin, PLLC

Keller, Turner, Andrews & Ghanem

Kinnard, Clayton & Beveridge

Latitude

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LBMC, P.C.

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Lieff, Cabraser, Heimann & Bernstein, LLP

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Martin Heller Potempa & Sheppard, PLLC

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North, Pursell & Ramos, PLC

Ogletree, Deakins, Nash, Smoak & Stewart, PC

Ortale Kelley Law Firm

Parker, Lawrence, Cantrell & Smith

Patterson Intellectual Property Law, PC

Pepper Law, PLC

Rainey, Kizer, Reviere & Bell PLC

Raybin & Weissman, PC

Reno & Cavanaugh, PLLC

Riley Warnock & Jacobson, PLC

Robinson, Reagan & Young, PLLC

Rogers, Shea, Spanos

Rudy Winstead Turner PLLC

Shackelford, Bowen, McKinley & Norton, LLP

Sherrard Roe Voigt & Harbison, PLC

Sims|Funk, PLC

Smith Cashion & Orr, PLC

Smythe Huff & Murphy, PC

Southern Environmental Law Center

Spencer Fane Bone McAllester

Spicer Rudstrom, PLLC

Starnes Davis Florie, LLP

Stites & Harbison, PLLC

Sutherland & Belk, PLC

Taylor, Pigue, Marchetti & Blair, PLLC

The Swafford Law Firm, PLLC

Venick, Austin & Rosen, PLLC

Watkins & McNeilly, PLLC

Wiseman Ashworth Law Group, PLC

Wood Stabell Law Group

Wyatt, Tarrant & Combs, LLP