2016 Bench Bar Brochure

40th Annual

Join the Memphis Bar Association Sept 1-4, 2016 for the Bench Bar Conference at Tops’l Beach & Racquet Resort in Destin, Florida TOPS’L is a tranquil beach and racquet resort just east of Destin in the Florida panhandle. Situated on 52 private acres, this full-service resort is bordered by the beautiful beaches of the Gulf of Mexico and a nature preserve. The tennis center, which houses the conference meeting space, has certified professional tennis instructors and program, an exercise facility, a racquetball court, an indoor-outdoor pool, and a sauna with massage therapy.

TOPS’L offers casual dining at the Blue Dunes Grille & Tiki Bar located next to the tennis center and poolside at the Tides. In addition, the Ocean Club, located at the entrance to TOPS’L, offers fine dining. Conference attendees will receive a 30% discount on the total tab for dinner Thursday, September 1 and 20% off the total tab (including drinks) on Friday and Saturday nights, September 2 and 3. Bring your Bench Bar name badge to get the discount.

Additionally, there are a number of restaurants located at the Village of Baytowne Wharf and Grand Boulevard, a short distance away. Shopping is also available there as well as at the Silver Sands Factory Stores, the nation’s largest designer outlet shopping center.

The dress code for the conference is casual, even for the social events. You may want to bring your laptop, as the materials will be online; be sure to bring your power cord.

An 8-9 hour drive from Memphis, Tops’l is also near Northwest Florida Regional (VPS), Pensacola (PNS) and Panama City Beach (ECP) airports.

How to Register for the Conference Step 1 Make Your Room Reservation - Deadline to reserve rooms in the MBA Group Block is July 15

To reserve a condo at Tops'l, call the 24-hour Reservations Dept. at 800.380.4808 and refer to the Memphis Bar Association Customer Code X8012 to receive the group rate. A 15% deposit of the total rent will be required at the time of booking with the remaining balance due 4 days prior to check in. Check-in is at 4:00 pm; checkout is at 10:00 am.

TOPS’l has condominium units that include a fully stocked kitchen and a private bathroom for each bedroom.

There are several buildings and options available. Please see the last page of this booklet for a map of the property and accommodation details.

Step 2 Complete a Registration Form

You can register online at www.memphisbar.org or complete the form in this booklet.

THANKS TO OUR WONDERFUL PARTNERS:

THANKS TO THE CONFERENCE SPONSORS:

Argent Trust Company | Brewer Detective | Counsel On Call Marston Group | Morgan & Morgan | Ocean Club University of Memphis Law School and Law Alumni Association U.S. District Court for the Western District of Tennessee

Conference Schedule | 15 CLE Credit Hours

Thursday, September 1

4:00 – 5:30 pm | Registration Opens - Conference Center 6:00 – 8:00 pm | Kick-off Reception - Poolside by the Tides

Sponsored by The University of Memphis Law School and Law Alumni Association Wine, beer and light appetizers to be served.

All CLE programs will be held in the conference center unless other wise noted.

Friday, September 2

7 CLE HOURS

7:30 am | Registration Continues · Welcome by MBA President Shea Sisk Wellford Continental Breakfast sponsored by Brewer Detective Service

8:15 – 9:15 am | Legal Threats to Amateurism in College Sports

Speakers: Michael McLaren, Butler Snow and Lynda Black, University of Memphis Cecil C. Humphreys School of Law Maintaining “amateurism” in college sports has been the driving principle behind the NCAA’s prohibition against the “pay to play” model that we currently see at the professional level. In recent years, however, there have been numerous legal challenges to this model, as student athletes across the country have filed multiple suits against the NCAA. This presentation will address the current legal challenges faced by the NCAA and the impact these challenges will have on college sports going forward.

9:30 – 10:30 am | Concurrent Sessions Discovery Disputes in Federal Court, and the Impact of the New Rules

Speaker: Rusty Reviere, Rainey Kizer Reviere & Bell, PLC Learn how the recent amendments to the Federal Rules of Civil Procedure are affecting the way discovery is conducted and litigated, and the initial approaches taken by the courts to resolve disputes.

Juvenile Court Update

Speaker: Judge Sheldon McCall, Juvenile Court of Memphis & Shelby County There have been some significant changes in the Tennessee Rules of Juvenile Procedure effective July 1, 2016.

An overview of the changes will be provided.

Strategies to Overcome the Stereotypes of Mediation

Speaker: Minton Mayer, Wiseman Ashworth Law Group, PLC Stereotypical obstacles, patterns and attitudes can make it difficult to resolve your case at mediation. Laugh at the video examples and learn how to identify typical mediation issues and create strategies to control the agenda, maximize your leverage and utilize information to overcome ethical issues, foreseeable mediation tactics and barriers to settlement.

10:45 am – 12:15 pm | Dialogue with the Bench

Speakers: Judge Sheryl Lipman, Judge John Campbell and Judge Valerie Smith While the entire Bench Bar Conference is an opportunity for lawyers and judges to talk to each other about issues, this session will provide a dedicated opportunity to discuss preferences, frustrations and approaches that always work, from both sides of the bench. Judges from all courts in Shelby County will participate and offer their views, but the judges are also counting on lawyers to speak up and be heard. Be ready for a conversation, not a lecture!

Friday, September 2

7 CLE HOURS

12:30 – 1:30 pm | Concurrent Sessions Memphis CHiLD Medical-Legal Partnership

Speaker: Janet Goode, University of Memphis Cecil H. Humphreys School of Law and director of the Medical-Legal Partnership Clinic This presentation will explore the tenets of the medical-legal partnership (MLP) model and present the work of Memphis CHiLD (Children’s Health Law Directive), a collaborative effort among Le Bonheur Children’s Hospital, the University of Tennessee Health Science Center, Memphis Area Legal Services, and the University of Memphis Cecil C. Humphreys School of law. Memphis CHiLD provides legal services to low-income pediatric patients and their families at Le Bonheur in order to promote better health outcomes.

Wage & Hour Laws in 2016 (That Even Apply to Lawyers & Law Firms): Change is in the Air Speakers: Billy Ryan, Donati Law and O. John Norris III, Jackson Lewis The United States Department of Labor recently issued its long-awaited Final Rule updating the exemptions for executive, administrative, and professional employees (the “white collar” exemptions). The Final Rule comes over two years after President Obama issued a Presidential Memorandum directing the DOL to propose revisions to modernize and streamline the overtime regulations and over one year after the Proposed Rule was published in the Federal Register on July 6, 2015. John Norris of Jackson Lewis P.C. and Billy Ryan of Donati Law, PLLC will explain the changes set forth in the Final Rule, including the effective date for compliance, explain potential challenges to its implementation, and identify strategies for compliance.

Wait….Can I Do That?

Speakers: Judge Valerie Smith, Circuit Court and Adam Johnson, Nahon Saharovich & Trotz We take a mildly amusing look at various ethical situations that may arise for members of the bench and bar and how best to handle those situations.

1:45 – 2:45 pm | Concurrent Sessions The Effect of Obergefell on Family and Employment Issues

Speaker: Maureen Holland, Holland & Associates Legal issues after Obergefell in the family law arena, and are you allowed to fire someone because of their sex?

When a Lawyer Needs a Lawyer

Speakers: Jef Feibelman, Burch Porter & Johnson and Sandy Garrett, Chief Disciplinary Counsel, Board of Professional Responsibility A nuts and bolts discussion of what should be done when a lawyer receives that dreaded letter from the BPR saying that a complaint against her/him has been received.

Cybersecurity: The Bad Guys Can't Get That, Can They?

Speakers: Randall D. Noel, Butler Snow What you need to know about cybersecurity, why it matters and recent statistics, plus how breaches occur, legal trends and implications and how to respond to a security incident.

6:00 – 7:30 pm | YLD Sunset CLE: Finding Joy in Your Law Practice - Poolside by the Tides Sponsored by Counsel On Call

Speakers: Dan Norwood, Norwood & Atchley and Debra Norwood, Norwood & Atchley Attorneys Debra and Dan Norwood have joined forces with trust building, team building and heart and brain health experts from California to Canada to India to give you the tools you need to increase resilience, find meaning, authenticity and joy in modern day law practice. Using chapters from their soon-to-be published book The Resilient Lawyer: Overcoming Challenges and Finding Joy in Modern Day Law Practice, they will share with you the most up-to-date information on how to manage stress, avoid burnout, and rediscover the joy of practicing law! Everyone is welcome to enjoy complimentary beer and wine poolside at the Tides.

7:45 pm | Judges’ Roundtable Dinner at the Ocean Club

Enjoy dinner in a small group setting with our judges. Details coming soon, please email janadavislamanna@gmail.com if you’re interested in participating.

Saturday, September 3

4.5 CLE HOURS

7:30 am | Continental Breakfast 8:00 – 9:00 am | Concurrent Sessions Communicating with the Media (for Lawyers and Clients)

Speakers: Darrell Phillips, Pietrangelo Cook; Tammy Phillips, WMC-TV; Michael Kapellas, Bass Berry & Sims Join us as we explore the tricky relationship between lawyers and the media. This CLE, hosted by three journalists (two of whom are now lawyers in private practice), will set out the rules and law governing trial publicity in Tennessee (and beyond) and will examine how they have affected key cases. We will discuss various ways lawyers are able to deal with journalists without violating the rules of conduct and will offer insight into the challenges journalists face when trying to repurpose the law for general consumption.

Understanding the Tennessee Workers' Compensation Reform Act

Speaker: Nicole Grida, Law Office of Lauren L. Holloway Understanding the Tennessee Workers' Compensation Reform Act - You Better Do It Right!

9:15 – 10:15 am | Concurrent Sessions Preparing for Your Family Law Mediation

Speaker: Linda Warren Seely Attendees will be provided with some thoughts and concerns of mediators for how to prepare your case and your client for a mediation including best practices, check lists and what mediators want you to know and do BEFORE the mediation.

Mental Health Issues in Employment Law: The Balance between FMLA and ADA

Speakers: Bryce W. Ashby, Donati Law and Jeremy Ireland, Fedex This presentation will focus on the interaction between the Family and Medical Leave Act and the Americans with Disabilities Act, especially as it relates to mental health issues. Topics discussed will include fitness for duty exams, availability and use of intermittent leave under the FMLA, and recent developments related to providing leave as an accommodation.

Tennessee Criminal Case Law Update

Speaker: Judge Mark Ward, Criminal Court A review and discussion of criminal law cases decided by the United States Supreme Court and the Tennessee Supreme Court during their 2015-2016 terms.

10:30 am – 12:00 pm | Concurrent Sessions Gang Violence: Prevention, Intervention, Prosecution

Speaker: Ray Lepone, Magistrate, Juvenile Court, and Jennifer Nichols, Deputy District Attorney General, Shelby County This presentation will discuss the various types of criminal street gangs, the impact of gang violence on the community, and law enforcement efforts to combat criminal gangs and gang violence through prevention, intervention and prosecution.

How the Courts Address Mental Health Issues

Speakers: Judge Gerald Skahan, General Sessions Criminal Court and Judge Kathy Gomes, Probate Court Learn about Shelby County’s new Mental Health Court and best practices for dealing with clients with mental issues.

12:15 – 1:15 pm | Ethics and Social Media: Lawyers (Still) Behaving Badly

Speaker: Jennifer Hagerman, Burch Porter & Johnson and Gary Peeples, Burch Porter & Johnson This seminar will catalog examples of judges, lawyers, and law students behaving badly in a variety of online and social media contexts. The speakers will discuss the ethical implications involved in those situations as well as other legal ethics issues that surround lawyers’ online conduct and how certain traps can be avoided.

Saturday, September 3

Event & Activity Schedule

2:00 pm | Beach Volleyball Tournament and Fun Run & Walk

Fun in the Sun at TOPS’L Beach as conference teams and individuals compete for coveted trophies at the walk/run and the volleyball tournament! In addition a few libations will be served during the walk/run and games.

2:30 pm | Tailgate Party and Beach Pool Deck located by the Tides

Watch the kickoff weekend of college football on the big screens at the Tiki Bar with complimentary hors d’oeuvres or lounge by the pool as we celebrate opening football Saturday with Monster Games: Alabama v.

USC, LSU v. Wisconsin, Clemson v. Auburn, UCLA v. Texas A & M, Tennessee v. Appalachian State, Mississippi State v. South Alabama, Memphis v. Southeast Missouri State, and many more….

3:00 – 4:00 pm | Beach Carnival

Kids & adults will enjoy face painting, kite flying, hula hooping & games on the grassy area near the Tiki Bar.

Sunday, September 4

3.5 CLE HOURS

9:00 – 10:30 am | Post-Game Brunch at the Ocean Club and Plenary Session Mimosas and Bloody Marys will be served

Sponsored by The Marston Group & the U.S. District Court for the Western District of Tennessee

Mindfulness in the Law

Speaker: Judge Robert L. Childers, Circuit Court Fitness for the mind - increase focus, blink less, curb the wandering mind, be happier and more energetic!

10:45 – 11:45 am | Concurrent Sessions Judge Recusal in Federal and State Court

Speaker: Judge Chris Craft, Criminal Court In this CLE, we will discuss when a judge should recuse him/herself, the process by which you should ask the judge to recuse, and if the judge denies the recusal motion, the things the judge must do in denying the motion and the process by which you may obtain an expedited appeal. We will also discuss what happens if a judge is needed pending the appeal, and recent case law on recusal.

Title IX-Sexual Misconduct on College Campuses

Speaker: Jon Lakey, Pietrangelo Cook The presentation will focus on the extension of Title IX to require colleges and universities to conduct on campus hearings regarding allegations of sexual misconduct, and due process concerns related to those hearings. Specific cases will be discussed to illustrate potential concerns, and challenges that have been filed to the practices instituted by colleges. The presenter hopes to lead a spirited conversation regarding the very real issue of sexual misconduct on campus and whether the current approach to addressing it is appropriate.

Navigating the Administrative Processes for Employment and Labor Claims

Speakers: Thomas L. Henderson, Ogletree Deakins Nash Smoak & Stewart and Stephen L. Shields, Jackson Shields Yeiser & Holt Dozens of state and federal agencies are involved in regulating the workplace, including the EEOC, federal and state Departments of Labor, NLRB, OSHA, and Tennessee Human Rights Commission. Each agency, and even divisions within each agency, have their own procedures and quirks. Come learn the ins and outs of these and other state and federal agencies to obtain the best results for your client.

12:00 – 1:00 pm | How to Depose & Cross Examine an Economist

Speakers: Eugene Gaerig and Gigi McGown, International Paper Using an actual deposition, this session will illustrate how to cross-examine an economist. Topics include motion in limine, marrying the record, and dealing with summaries.

3:00 – 5:00 pm | Paddle Boarding

Join your family, friends & colleagues, for fun outdoor adventure at YOLO on the bay located at the Sandestin Golf & Beach Resort. For $25 each person will get a short lesson on how to spend an hour exploring the bay.

Space is limited. Email janadavislamanna@gmail.com to reserve your space.

REGISTRATION Name:_____________________________________ BPR #:________________________ Address:______________________________________ State/Zip:__________________ Firm:__________________________________________ Phone:___________________ Please provide an email address as the seminar materials will be emailed to you prior to the conference. Handouts will NOT be available at the conference.

Email:__________________________________________

REGISTRATION FEE Those registered by August 1st will be entered to win a drawing to receive two free nights at any Wyndham Resort property along the Gulf Coast, courtesy of Tops’l!

(Cannot be used in conjunction with the Bench Bar Conference.)

The registration fees below include all CLE seminars, continental breakfast on Friday and Saturday morning; the Sunday brunch; the Kick-off Reception Thursday evening; and the YLD Sunset CLE Friday evening.

Before August 1

After August 1

YLD (36 yrs old or less or practicing 3 yrs or less)

□ $250

□ $300

MBA member (not eligible for YLD)

□ $325

□ $375

Judge or MBA member who does not need CLE credit □ $150

□ $200

Non MBA member

□ $500

□ $550

Guest (children under 12 free)

□ $100

□ $150

Register online:

memphisbar.org

REGISTRATION Are you a first time Bench Bar Conference attendee?

□ Yes

□ No

BENCH BAR 2016 T-SHIRTS Each registrant will receive a Bench Bar t-shirt. Please indicate your shirt size: □S

□M

□L

□ XL

□ XXL

Additional shirts may be available for purchase during the conference.

GUEST REGISTRATION A guest is someone who comes with a paid attendee, but only attends social or sports activities. Children under 12 are free. □ $100, guest fee before August 1

□ $150, guest fee after August 1

Name of guest(s):_________________________________________________________ Method of payment: □ Check (payable to MBA) □ Visa or M/Card □ 2016 CLE Passport Card #:__________________________________________________________________ Name on card:____________________________________________________________ Exp. Date:__________________________ 3 Digit Security code: ___________________ Billing address:______________________________________ State/Zip:_____________ Signature:________________________________________________________________

MAIL FORM AND PAYMENT TO: Memphis Bar Association - Bench Bar 145 Court Avenue #301 Memphis, TN 38103 FAX FORM TO: 901.527.3582 QUESTIONS? 901.527.3573

ACCOMMODATION OPTIONS

The Tides is located directly on the gulf. A 2-bedroom unit with a gulf view is $186/night; a 2-bedroom unit on the gulf front is $261/night.

The Beach Manor is also located directly on the gulf. A 2-bedroom with a coastline view is $189/night.

The Summit is located a short walk from the beach. A studio ranges from $85 to $101/night; a 2-bedroom unit from $142 to $171/night; and a 3-bedroom from $210 to $240/night.

The Tennis Villas are located next to the tennis courts/conference center. A 2-bedroom unit is $139/night.

145 Court Avenue, #301 Memphis, TN 38103

REGISTER BY AUGUST 1 and you could win 2 FREE NIGHTS at a Wyndham Resort!