Memphis Lawyer Volume 34 Issue 2

the magazine of the Memphis Bar Association

Vol. 34, Issue 2

Cover story:

Identity Theft in Paradise

THIS ISSUE:

Have You Already Compromised Your Firm’s Computer Systems

After 33 Years of Service, Judge Childers Retires

Second Chances Just Got a Little Easier in Tennessee

MOST FINANCIAL COMPANIES WANT YOU TO INVEST IN THEM. WE’D RATHER INVEST IN YOU.

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Volume 34, Issue 2

FEATURES 8

Identity Theft in Paradise

12

Have You Already Compromised Your Firm’s Computer Systems

16

Second Chances Just Got a Little Easier in Tennessee

18

After 33 Years of Service, Judge Childers Retires

19

10 Years, 10,000 Served

20

Dedmon v. Steelman Oral Argument

40

Bench Bar Schedule

BY ELLEN B. VERGOS

BY SEAN ANTONE HUNT

BY CHELSEA KAPES

BY DAVID M. COOK

BY STEPHEN R. LEFFLER

COLUMNS 6

President’s Column

32

CLC: Breaks That Make a Difference

34

MALS Corner: Join Us in Supporting MALS and Access to Justice

BY DEAN DECANDIA

BY KERRY AVENS KRAUCH

BY SHEPHERD (SHEP) D. TATE

DEPARTMENTS 16

MBA Happenings

24

Continuing Legal Education Course Listings

26

The Court Report

38

People in the News

42

Classified Advertisements

BY CHARLES “BO” SUMMERS AND STEPHEN LEFFLER

3

MEMPHIS LAWYER

2016 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Stephen R. Leffler, Chair Preston Battle Karen Campbell Dean DeCandia Chasity Grice Nicole Grida Sean Antone Hunt Harrison McIver Jared Renfroe Jacob Strawn Charles “Bo� Summers Ellen Vergos Christy F. Washington

The Memphis Lawyer is a publication of the Memphis Bar Association, Inc. that publishes six times each year. The publication has a circulation of 2,200. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact Katherine Newsom at 527.3573; knewsom@memphisbar.org The MBA reserves the right to reject any advertisement or article submitted for publication.

Dean DeCandia President

Annie Christoff

Secretary/Treasurer

Shea Sisk Wellford Past President

Sean Antone Hunt Steve Leffler Gigi Gaerig McGown Jim Newsom Lisa Overall Jill Steinberg Alex Wharton Section Representatives Anne Davis Chasity Grice Mary Hamm Mike Mitchell Jennifer Sisson Kathy Steuer

ABA Delegate Lucian Pera AWA Representative Laquita Stokes Law School Representative Elizabeth Rudolph NBA Representative Kevin Bruce YLD President Adam Johnson

MBA STAFF

Anne Fritz

4

Vice President

2017 Board of Directors Mike Adams Jeremy Alpert Megan Arthur Graham Askew David Bearman Sherry Brooks Lara Butler Leslie Coleman Amber Floyd Nicole Grida Jennifer Hagerman Doug Halijan Jonathan Hancock Earl Houston

Executive Director

The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 527-3582 www.memphisbar.org

Earle Schwarz

Lesia Beach

CLE/Sections Director

Charlotte Gean

Executive Assistant/ Membership Coordinator

Katherine Newsom Communications and Membership Director

INSIGHT BEYOND NUMBERS

the

ACCOUNTING & FINANCIAL REPORTING

D UE DILIGENCE / QUALITY OF EARNINGS

FORENSIC ACCOUNTING & FR AUD INVESTIGATIONS

BUSINESS FORMATION, GROWTH, & EXIT STRATEGIES

FAMILY LAW – FINANCIAL & TA X ANALYSIS

MERGERS & ACQUISITIONS

BUSINESS VALUATIONS

FEDERAL, STATE & LOCAL TAX CONTROVERSIES

SHAREHOLDER / PARTNER CONTROVERSIES

BUSINESS CONTROVERSIES

FEDERAL, STATE & LOCAL TAX COMPLIANCE & PLANNING

STRATEGIC PLANNING

9 0 1 . 7 6 1 . 3 0 0 3 • T H E M A R S T O N G R O U P. C O M

PRESIDENT'S COLUMN

by DEAN DECANDIA

The Bench Bar Conference:

Plan ahead!

B

ecause fun and education require commitment. At least for us they do.

I miss the days when “playtime” was spontaneous. We hung out with friends most any time we wanted. We took off on excursions impulsively.

Then entered demands of family and career. As adult professionals, we know that our minds must rest in order for them to work long-term. In order to ensure this downtime, we have to schedule fun. Our inner child frowns on planning fun, as it may spoil the idea of relaxing. But it has been the only way.

Educating ourselves has also required advance time commitment. When we left childhood and entered college, our spontaneous mindset faced a test in responsibility. No longer would our courses be scheduled for us. We had to manage time to prioritize education.

In the legal profession, we get a year of flexibility in scheduling CLE. However, the pressures of court appearances, billable hours and client appointments leave many of us scrambling in December.

These two experiences share a theme. Fun and education must be priorities in scheduling. As hardworking lawyers and judges, our brains need fun, and our law licenses need continuing legal education courses.

But we must carve out time in our calendars for both.

6

What if you could make a single commitment to both? The Bench Bar Conference gives you that very chance. For 41 years, Bench Bar has been MBA’s premier event for socializing with lawyers and judges. The conference boasts an impressive variety of continuing education and is a rare opportunity to learn and socialize in a casual environment.

This year, commitment is easier than in years past.

We have moved Bench Bar from Sandestin to New Orleans. One reason for this move was to make travel quicker and more convenient. Rather than having to set two entire days aside for travel, you can plan to drive in and return on the same days as the programming.

Furthermore, the nightlife and culture of New Orleans offer an endless array of activities for you, your colleagues and significant others.

In our carefree youth, a trip to New Orleans may have been spur-of-the-moment. But now, your “eduvacation” requires commitment. Many of you have not registered because you want to wait and see what your schedule will look like closer to the weekend of July 20. But putting off an experience until conditions are perfect will rob you of the excitement that awaits you.

Our grown-up demands allow no perfect time for fun or CLE. So jump in and commit. Dedicate yourself to attending. Your brain and law license will thank you. t

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Identity Theft in

Paradise

By ELLEN B. VERGOS

W

e had planned the perfect family vacation in the Exumas, a chain of small islands in the Bahamas, notable for its "swimming pigs” and beautiful beaches. Our 3 adult children, their spouses, and 3 young grandchildren were in attendance. All of us were delighted to find that the house we rented was large enough to accommodate our group of ten, had a large front porch, ready access to the white sand beach and beautiful water. What could go wrong? It took less than 48 hours for us to find out the answer(s) to that question.

During the first full day in “paradise,” we received a call from our house sitter reporting that our landline, the phone number connected to our alarm system, was dead. While that was puzzling, we determined to deal with that issue the next day—we were on our way to dinner at an outdoor seafood restaurant recommended to us. We enjoyed cocktails and an excellent dinner and discussed the adventures we planned for the next week (fishing trip, visit to a nearby beach with sting rays, boat excursion to see the swimming pigs and other delights).

Only when the bill came for the lovely dinner did we 8

have a second clue as to what could possibly go wrong: Our credit cards would not work! There was a problem with our AmEx cards and they were frozen. I could not use my Visa card because I had apparently neglected to tell Visa that I would be out of the country. Somehow, the bill got paid-maybe from one of the younger family members, or maybe we persuaded Visa that I knew enough secret passwords, etc. to allow them to let me use my card.

On the morning of our next full day at the beach, I received an email from Ella Young, at SunTrust bank. “Please call.” I wanted to ignore the email and concentrate on the beach, but of course, could not and did not. The email advised that the Bank received a call from a woman, professing to be “Ellen Vergos.” Our home phone number appeared on the Bank’s caller ID. (Remember our disconnected landline?) The caller knew my personal identification information, and sought to withdraw $200,000.00 from a combination of all accounts under my social security number, including trust accounts on which I was trustee, family member accounts, everything. The caller knew my husband was in the restaurant business, and other details. Fortunately, POINTER NO. 1: Know your banker and make sure the banker and credit card companies know you are out of town, or out of the country, and how to reach you.

our banker knew the person on the line was not “Ellen Vergos.” She also knew we were all on vacation. 1 Soon, everyone was up and wide awake after I reported this alarming news from the bank. With four lawyers in the family, and all of us on vacation, it followed that one table in our beach house became a mini “law office” with laptops and use of the availability of free Google phone calls. We devised a plan of action and divided duties, which included notifying credit card companies, joining LifeLock, and communicating with our bankers.

By the end of the day, we were members of LifeLock.

As soon as we joined LifeLock, we received a series of emails informing us that “John Vergos” was busy opening accounts at Saks, Bloomingdales, Synchrony Bank, and other places under his name. Of course, he was not opening accounts, but was trying to relax at the beach.

The LifeLock emails informed us that someone was using his personal information to obtain credit and then asked “Did you recently apply for this credit card?” If not, the recipient is instructed to log onto LifeLock and answer either “Yes, this is me” or “No this was not me.” The rate at which my husband’s “alter ego” was attempting to open new accounts was alarming and LifeLock was already proving its value. 2 POINTER NO. 2: Join Life Lock, preferably before you need it.

We contacted our credit card companies and advised them as to the fraud. We did what we could from long distance but also enjoyed the remaining days of our vacation. We managed to have a wonderful time.

Fortunately, the credit card fraud did not extend to all of our credit cards and we had prepaid for many activities.

Upon our return home, we began the enormous task of figuring out the extent of the ID theft and taking steps to repair the damage. We were pleasantly surprised to learn that our homeowner’s insurance policy from Liberty Mutual provides us with a certified fraud expert to advise us as to steps to take and to assist us with those steps. 3 It was comforting to have this expert take control and guide

POINTER NO. 3: Make sure your homeowner insurance policy has coverage in the event of identity theft. us through all the steps to be taken to report the fraud, recover or prevent further loss, and find our thief.

The certified fraud expert, Suzanne Ford, organized our efforts and advised us as to how to preserve our information by filing a sworn complaint with the local police department and with the Federal Trade Commission. 4 The complaint is useful for summarizing the details of the types of theft that occurred, including account numbers, dates, identification of persons involved and is useful for proving to businesses and credit bureaus that you have submitted a report to law enforcement. We completed the complaints, requested a freeze from the credit reporting agencies, obtained new checking accounts, and new credit cards. We had to notify Social Security, credit card creditors, and others as to the changes in our accounts. If we need to obtain credit or open a credit card account, we must provide a pin number to “unfreeze” the applicable credit reporting agency account.

POINTER NO. 4: The FTC, at https://www.identitytheft.gov, provides useful information regarding the various types of ID theft, how to report it, and, how to prevent it.

At the suggestion of Suzanne Ford, because we had not received our usual amount of mail, we checked to see if our mail had been forwarded. At our post office, we discovered that there was a “forwarding order” directing that the mail addressed to our home be forwarded to a random New York address unknown to us. Our mail delivery person brought us the mail that was to have been forwarded. It was our good fortune that the mail was still in Memphis. The mail being held for forwarding included several letters from American Express to my husband confirming that Joshua Cho was his “account 9

manager with Travel Access and was authorized to use his credit card.” We now had a name to go with our ID thief—Joshua Cho. Also in the mail designated for forwarding were letters to John Vergos concerning applications under John’s name, but apparently made by Joshua, for a Citi Prestige Account, a Bloomingdale’s account, an Overstock.com credit card account, a Barclay Gold Master Card, Saks Fifth Avenue card, and a Synchrony Bank account card.

All of these accounts had to be contacted regarding the fraud, and all information related to the accounts had to be removed from the credit reporting agencies. Another American Express account, opened by Joshua, was designated a “Starwood Preferred Guest” account and closed.

The primary holder of the Synchrony Card was listed as John Vergos with the secondary holder listed as Joshua Cho. Joshua used the Synchrony Card to purchase a $25,000 gold Rolex watch in Charlotte, North Carolina.

It was this purchase that turned out to be Joshua’s undoing. Joshua left the receipt for the watch in his hotel room, then went to Neiman Marcus, where he tried to use a fraudulent credit card, but was unsuccessful and was arrested. At the time of the arrest, he was still registered as a guest in a Charlotte hotel. When he did not return to the hotel room, the hotel clerk was preparing to box up his possessions and evict him from the room. The clerk found the receipt from the Synchrony Bank “purchase” and turned it over to police, who questioned the jewelry store clerk, who reportedly admitted being somewhat suspicious of his customer, but selling him the $25,000 watch anyway. Joshua was arrested later the same day at Neiman Marcus in Charlotte. A Secret Service agent in Charlotte contacted us and advised that they had arrested him. All our hard work had paid off. Joshua is now serving time in New York and has yet to stand trial for the charges against him in Charlotte.

Inexplicably, one of the most perplexing issues to resolve has been the issue involving our “land line” phone number. I attempted to set up a repair visit, using my Internet account, but apparently my password no longer worked (I assume it was hacked along with some other 10

passwords) and I could not get into the account. We had visits from repairmen, but for some reason, they could not restore the number to us. All we knew was that the phone was dead and that AT&T seemed unable to get it back.

Our hero of the telephone saga was an AT&T manager, Bill Shaw, who figured out that our ID thief, Joshua Cho, used a law that that allows one to keep one’s telephone number when buying a new phone. Representing himself to be “John Vergos,” Joshua stole our landline phone number and "ported" it to a burner phone. Joshua was able to contact our bank and other creditors, including credit cards, with our landline number appearing on the creditors’ caller ID. The AT&T “hero”(Bill Shaw) found out that the phone number was on a T-Mobile phone. We followed his advice to go to T-Mobile and verify our identification.

We were put in touch with a fraud specialist at T-Mobile and after a few days, we had our number back. However, even now, one cannot leave a message on the phone. I do not know if that can be fixed, but at least we have the number that many people associate with our phone and that is attached to our alarm system.

During this process, we became painfully aware that there are few laws to protect us from Joshua Cho and others like him. Cho demonstrated the ease with which a phone number can be stolen and misused. We learned how unusual it was to be able to recover our phone number. In all the material concerning the process and advantages of porting a phone number, the drafters and administrators of that law never seem to concern

themselves with the ease that the “porting law” can be used to commit crimes.

Recently, Tennessee’s own Marsha Blackburn introduced a joint resolution of Congress to nullify a rule submitted by the FCC entitled “protecting the Privacy of Customers of Broadband and Other Telecommunications Services.” The nullified rule, would have (1) applied the customer privacy requirements of the Communications Act of 1934 to broadband Internet access service and other telecommunications services, (2) require telecommunications carriers to inform customers about rights to opt in or opt out of the use or the sharing of their confidential information, (3) adopts data security and breach notification requirements, (4) prohibits broadband service offerings that are contingent on surrendering privacy rights, and (5) requires disclosures and affirmative consent when a broadband provider offers customers financial incentives in exchange for the provider’s right to use a customer’s confidential information.

With respect to the mail fraud, I learned that it is incredibly easy to forward someone else’s mail. That can be done online and requires nothing in the way of identification.

CONCLUSION We were incredibly lucky to have been able to get the assistance we needed to put Joshua Cho behind bars. It should not be this difficult, time consuming and burdensome to do this. It also was easier for us than it may be for others because we had four lawyers on the case from Day 1, the cooperation of our bank and credit card companies (although even they were not always easy and were suspect of us perhaps they thought we were the ones committing the fraud. Meanwhile, Joshua remains in the penitentiary in New York and my husband speculated that Joshua may be wishing for his “Starwood Preferred Guest Account” purchased with my husband’s American Express card. t

11

Have You Already Compromised Your Firm’s Computer Systems

by SEAN ANTONE HUNT

I

f you haven’t heard about the recent spate of data breaches, you must be living under a rock, or more likely in our profession, under your desk. Recall that the New York Times reported that the email giant Yahoo was “already reeling from its September disclosure that 500 million user accounts had been hacked in 2014, disclosed that a different attack in 2013 compromised more than 1 billion accounts.” In fact, a recent blogger listed more than 25 different companies and agencies as reporting data breaches in 2016 including the IRS, the Department of Justice, LinkedIn, Dropbox and more.

How are all of these companies and entities getting hacked so easily. Don’t they know how to create a good password for their systems?

Unfortunately, many of our habits and preferred practices, as a community not just as a profession, come with significant risks. A recent post on LinkedIn recommended to users that “I would not recommend using the Adobe PDF format for résumés or cover letters. The reason is that most recruiters and HR people will want to import the text of your résumé into their electronic database or Applicant Tracking System for future keyword searches. Those programs deal much easier with Microsoft Word documents, and often cannot properly read or import all the characters and text from a PDF.” While this may be wonderful advice for people who are looking for a job, it’s quite telling about the HR professionals who are screening the applicants: they have an extremely risky habit of insisting upon getting 12

documents in a format that could easily come with viruses, Trojans and/or Key Loggers.

Microsoft Word is a wonderful program and even this article is being written in the program. But, Word comes with visual basic, a basic programming language and compiler built right into it. Word documents come with their macros and functionality built right into the document. It’s part of what allows the document to continue to look as it does. But, it also allows a savvy person to get access to your computer system. In most basic terms, a hacker could send a fake or real resume to a person with a macro set to run automatically when the document is opened. To make a make like that, you simply create an AutoOpen macro and place it in the document sent to you. This can be blocked. But, this is a simple method. Hackers are far more sophisticated than this. All they need to do is get a program on your computer that will make the computer download another program from an internet address and your system is compromised.

So, how to you protect yourself? Well, there are a few habits that we should adopt to make sure that we adequately protect our systems and our clients’ data.

Here are the top five:

Never send Documents by Email to Others in Word, Use PDF instead and Prep It for Sending As mentioned above, Microsoft Word documents are risky to open in an email. But, many of us seem to enjoy the idea of simply sending the document directly from Word, by email, to the recipient. This is a practice, however, that should stop. It’d be difficult for the legal

community to stop opening Word attachments when the opponent keeps sending them. So, our habits perpetuate the security risk. In short, we need to avoid opening Word documents send by email to avoid the possibility of a security breach. That means that we have to stop sending them to others. Then, we can effectively erase this possible area of concern.

And, remember to use the feature of most PDF compilers that remove hidden metadata, links, etc. from the PDF. Sending a clean and stripped down PDF version is safer than any other document as it still retains its look and feel, without any extra programming required to change a text document into the Word documents we normally use.

Never Open Unknown Attachments or Emails that Have Links or Attachments But not enough Information to Identify the Sender from the Email Body You should also avoid opening an attachment in any email that comes from an unknown sender. Keep in mind that email address showing in the email program is not reliable as to the identity of the sender. Email addresses can be easily spoofed, see the blog from Lifehacker.com entitled “How Spammers Spoof Your Email Address (and How to Protect Yourself).” So, just seeing a familiar name or email address isn’t enough to make a link or attachment reliable enough to open. Instead, independently verify any unsolicited emails with attachments or links. Call the sender and make sure that they sent it or email them independently (don’t just hit reply) and see if they actually sent the email.

And, if you’re sending the email, put enough information into the email such that the person can infer that the email actually came from you. It’s unlikely that a hacker will have the email address, case number, case style and docket number of your case, all at the same time. Simply including that information can clue in your recipient that it’s okay to open the attachment or email. Note, that this doesn’t mean that you should send it in a Word document since you could be passing along, unintentionally, the same virus or Trojan that you have received.

Make Sure Your Passwords are at Least 10 or More Character Long with Unique Characters Throughout Most of us have heard that our passwords should not be simple and shouldn’t be easily guessable. We all know that the most common password is “123456” according to Huffington Post. “Password” was also in the top 10 according to the article. While most of us don’t use those type passwords, we do have to use something that’s easy enough to remember when we use. Often that means that we use the same password for everything, especially if we have a really complicated password. The alternative is that we use something family, such as a telephone number, a birthday, or a pet’s name. These too are poor passwords. That’s because a little social engineering will allow hackers to get enough information to try to guess your password. Note that the most common ways that computer systems are breached are through the access or guessing of a person’s password or the downloading by that person of some type of malware. There really haven’t been any reported cases where the hackers have simply been able to get into the intended system by bypassing the password. Instead, they either get the password somehow or they compromise the system with malware.

Making a good password is extremely important.

I suggest a long password so that even if the hacker were able to guess a portion of the password, there would still be more to get. Also, I suggest using unique characters and replacing letters in the words. I heard one commentator on a news show suggest that you use two different words together that normally wouldn’t be. An example would be “safety” and “quality”. I also suggest more that than. Use random numbers at a random interval and use some unusual characters between the words. Finally, use capitol and lowercase letters at unusual places. Your password might look like this: “s@ f3Ty&=Qu4l5ty#”. This password is extremely strong even though it really isn’t random. As long as you don’t reveal your true pattern to anyone, you can use this to calculate your own password when you forget it.

13

Make Sure to Promptly Install Updates to Both Your Operating System, Java, Flash Player and Your Virus Protection Although this should go without saying, you should never wait too long before installing updates on your computer. Most hacking intrusions occur due to the use of malware which is a general term for viruses, Trojans, worms, RATS, etc. Most of the time, computers are infected by these types of malware in one of two ways: downloading and opening an attachment or visiting a website that has been infected with the malware. Note that many legitimate websites, who aren’t constantly checking for malware, can provide a source of malware for your computer. Don’t think just because you are not visiting questionable websites to download questionable items, you’re safe.

Malware usually installs itself through a vulnerability in your operating system, i.e., your Internet browser, through Java, flash player or the like. These Active X controls give the foreign website some limited control of your computer in order to run their materials. This is supposed to be limited control, but sometimes, through vulnerabilities, it allows more control which allows malware to be installed and control of your system to be gained. The makers of these programs, i.e., Java and Flash Player, are constantly updating their programs to try to avoid and eliminate any vulnerabilities. But they do this through updates and therefore you can only be certain that your computer is safe by timely installing updates.

Many of us find this update process to be taxing and time-consuming since many of the updates require you to exit most, if not all, of your programs and shut off your computer briefly. At worst, some of the more formidable updates will take up to an hour to install. Most of us want to utilize our computers nearly 24/7 and therefore having the computer to automatically install updates in the middle of the night isn’t always convenient. If you’re using an operating system below Windows 10, i.e., Windows 7, Windows Vista, Windows XP, then you have the options of either telling the computer to wait to install updates when you tell it or to download the updates only and allow you to install them. If you choose either of these options, make sure to update your 14

computer on a timely basis. I recommend checking on a daily basis to see if you have updates and, if you do, some time before the end of your day, schedule them to be installed. If you have Windows 10, the options are less as Windows 10 has removed the ability for you to completely control the installation of updates. But if you update on your schedule, you’ll find it less likely that updates have been installed at an inconvenient time.

Likewise, make sure to update the Java, Flash Player and the like when you see them as well. Make sure to look in your system tray in the notification section to see if any updates are available.

Remember That the Average Hacker Almost Always Needs Some Type of Social Engineering to Hack Your System, so Never Give out Information to a Stranger This may sound like something you might tell your child, i.e., never trust a stranger. But it’s true for adults as well. Most hacking situations occur through the installation of malware and they do so by social engineering. In the earlier days of computing, social engineers would call you to get hints and clues at your password by asking you personal questions. Most individuals, by now, know that we shouldn’t use personal information to create our passwords. Instead, see the recommendations above on creating a strong password.

But that hasn’t eliminated social engineering’s utility.

Instead, they’re searching for information for ways to get you to either download or an attachment and/or go to a website. For example, I recently had a telemarketer call me about providing search engine optimization for my law firm. When I refused the marketing offer, after a very brief conversation, the same telemarketer called me back the next day offering a different product, this time, offering to assist with my phone system. In both situations, the telemarketer wanted to send me an email with an attachment with the information. Something about the situation raised red flags for me, especially in the idea that the telemarketer couldn’t tell me the information and didn’t want to try to tell me the information, but instead, wanted to send it to me by email. That, quite obviously, sounds like malware.

Note the most recent story about the “WannaCry” ransomware outbreak that hit multiple countries. By the initial report, the malware was spread due to emails being sent out to various companies and countries with an alleged invoice to be opened. Although the news reports didn’t state what format the alleged attachment was encoded, it can be assumed that either the attachment itself was malware or it was a shortcut to a website that included malware. Either way, it was the social engineering that probably enticed most people to open this attachment, out of curiosity, as to who would be sending them an invoice or bill. Thus, in essence, be extremely careful about any email or attachment. Note that subsequent reports admitted that the malware was actually targeted to a file sharing/network protocol which had a vulnerability for “specially crafted requests.”

In short, while you may not be a computer technology specialist or even a heavy computer user, your habits and behavior can still affect your company’s systems. Beware and use common sense! If it seems suspicious, verify it (whatever it is) before taking any action that might endanger your systems or your company’s systems. t

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15

SECOND CHANCES

Just Got a Little Easier in Tennessee

By CHELSEA KAPES, Clean Slate Fund Associate at Just City Memphis

H

elping someone get a fresh start after a brush with the criminal justice system is truly rewarding. After they’ve waited years, avoided all other trouble, saved up to satisfy hefty court costs, and completed the necessary paperwork, our clients are ready to start over—to pursue new jobs, apply for higher education, or simply enjoy the peace of mind that comes from knowing a past mistake will no longer dictate their future. The legal process of erasing that incident is called expungement, and it is the formal procedure by which a judge orders that all public records of a case be destroyed. Guiding clients through this last step is the easy part.

The hard part is breaking the bad news to countless others who do not meet Tennessee’s narrow eligibility requirements for expungement, and this is a much larger number of people than those we are actually able to help. Tennessee limits the kinds of cases that can be expunged and the type of person who can petition for an expungement. Before this year’s state legislative session, it was limited to first-time offenders with significant expendable income. Tennessee lawmakers decided to change that in two important ways.

First, the law previously required that a person seeking to clear his or her record have one conviction and one conviction only; two strikes and you’re out. It is easy to imagine a scenario that would disqualify someone.

Maybe your family hit hard financial times, and you took some groceries from the store without paying. Strike one.

A few years later you borrowed a friend’s car and were pulled over, only then to learn that your friend had an unregistered gun in her glove compartment, and you were 16

charged with unlawful possession of a weapon. Strike two. When I found a criminal record like this, my heart would sink in anticipation of the conversation I had to have next. Often our clients can’t quite comprehend the reality of their situation: “So how do I go about getting it off my record? Is there anything I can do? How am I supposed to find a job?” The answer was generally no, there is nothing you can do—these two incidents will follow you for the rest of your life.

With the Tennessee legislature’s passage of HB873 this year, fewer people will get that answer. Just City introduced the bill for dual expungement as part of our 2017 Clean Slate Agenda to expand expungement eligibility and get more Tennesseans back to work. Sponsored by Senator Steve Dickerson and Representative Raumesh Akbari, the bill eventually passed the House unanimously and the Senate with only five opposing votes. The possibility of a second chance is now brighter for many people.

Second, Tennessee law required that an eligible person be able to cough up $450 to file a petition for expungement with the court clerk; this is one of the highest expungement fees in the country. $450 is just too far out of reach for most people with criminal records, who have likely had trouble finding stable employment due to their record, and can’t sacrifice those funds while also trying to feed their families. This barrier to expungement is perhaps the most disheartening—on every other account, the law says you can have a second chance, but if you’re poor, you can’t.

A substantial part of Just City’s work involves raising money to help low-income people pay that steep fee through our Clean Slate Fund, but there are far more eligible people than there is financial support. So we also asked the legislature to address this issue through policy reform this year, and they passed SB1245 unanimously in the House and Senate, reducing the conviction

expungement fee to $280. Now we can help more people, and more people with modest resources can help themselves.

However, this fee reduction only affects conviction expungements, where the defendant pled guilty or lost at trial, not diversion expungements, where the defendant agreed to go on probation and meet certain requirements in order to have the charge dismissed upon successful completion of the program. Diversion expungement makes up the bulk of our work, because diversion eligibility is automatic: if you complete the program, you can get the case expunged. But it will still cost you $450.

While SB1245 is an excellent step forward, it fails to fully address the financial burden of a clean slate in Tennessee.

Nevertheless, as a result of these two new laws, I’m looking forward to sharing more good news and hearing even more stories from our Clean Slate Fund Clients; stories of new jobs, higher wages, advanced degrees, and hope. Our successes this year speak favorably of Tennessee’s willingness to reform our criminal justice system, but plenty of work remains for next year’s legislative session. t

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HAPPENINGS 6/20 Last day to receive MBA hotel discount for Bench Bar 7/8 2SLAC 10th Anniversary Reception 7/13 YLD Bowling Night 7/21-23 Bench Bar: New Orleans 8/24 Bar Meet 9/22 YLD Golf Tournament 9/28 Lawyers Got Talent 11/2 Bar Meet 11/9 YLD Annual Meeting 12/14 MBA Annual Meeting

6260 Poplar Avenue | (901) 683-8766 Memphis, TN 38119 | attycpa1040@gmail.com

Visit memphisbar.org/events for a full list of events and details.

www.jerryhschwartz.com

17

After 33 Years of Service, JUDGE CHILDERS RETIRES

T

he Honorable Robert L. Childers, Circuit Court Judge for the 30th Judicial District in Shelby County, has announced he will retire as of June 30, 2017.

Judge Childers was elected Circuit Court Judge in 1984, and re-elected in 1990, 1998, 2006 and 2014, and served as Presiding Judge of the 30th Judicial District, after being elected by fellow state court judges, from 1989-1990 and 1997-1998. In addition, he has served as Special Judge of the Tennessee Supreme Court Workers’ Compensation Panel and the Tennessee Court of Appeals.

He was in private practice from 1975-1984.

“It has been an honor and a privilege to have served the citizens of Tennessee for the past 33 years as Judge of Division IX of the Circuit Court of Tennessee for the 30th Judicial District,” said Judge Childers. “I am eternally grateful to the citizens of Shelby County for having the confidence to elect me to serve in this position in 1984, 1990, 1998, 2006 and 2014. I am also grateful to my judicial colleagues across this great state, my judicial colleagues in Shelby County, my Administrative Assistant, the Circuit Court Clerk and his staff, and the many lawyers who have practiced before me. I consider my service as judge as the pinnacle of my legal career. I have been truly blessed.”

Among his many honors during his time of service include Outstanding Judge of the Year by both the Memphis Bar Association in 1986, 1999 and 2006, and the Memphis Bar Association’s Family Law section in 2005 as well as the Shelby County Deputy Sheriff’s Association in 1990.

Judge Childers also received the Judge Wheatcraft Award in 2001 from the Tennessee Coalition against Domestic and Sexual Violence for outstanding service 18

in combating domestic violence, the Justice Frank F. Drowota III Outstanding Judicial Service Award from the Tennessee Bar Association in 2012 and the Excellence in Legal Community Leadership Award in 2012 from the Hazelden Foundation.

Judge Childers has been a faculty member at the National Judicial College at the University of NevadaReno and the Tennessee Judicial Conference Judicial Academy, and a frequent lecturer and speaker at more than 250 continuing legal education seminars, schools, civic, church and business groups across Tennessee and the nation.

His many leadership positions include past president of the Tennessee Judicial Conference, past president of the Tennessee Trial Judges Association, past chairman of the American Bar Association Commission on Lawyer Assistance Programs (CoLAP), Commissioner of the Tennessee Lawyers Assistance Program (TLAP), charter member, past president and master of the bench of the Leo Bearman Sr. American Inn of Court, past chair of the Tennessee Domestic Violence State Coordinating Council, past chairman of the Shelby County Domestic Violence Council and chairman of the Tennessee Judicial Conference Civil Pattern Jury Instruction Committee for more than 25 years.

The Trial Court Vacancy Commission announced plans to begin accepting applications for Judge Childers’ replacement. The commission will present three names to the governor, who will then select one applicant to fill the seat.

A reception will be held Wednesday, June 21, 2017, in the main hallway of the Courthouse from 3:00 - 5:00 pm. t

10 YEARS, 10,000 SERVED

By DAVID M. COOK

I

n the summer of 2007, the year I served as president of the Memphis Bar Association, Linda Warren Seely and I met with the staff at the Benjamin J. Hooks Central Library to explore the possibility of convening a recurring pro bono clinic at that location, accessible to all citizens.

Linda and I had a long history of setting up clinics at churches, community centers and similar locations. The collaboration between Memphis Area Legal Services (for which Linda was in charge of private lawyer pro bono involvement) and the Memphis Bar Association has been and remains a truly remarkable boon for our citizenry.

Since 2007, the Second Saturday Legal Aid Clinic (2SLAC), 10:00 am to noon at the Central Library, has been in continuous existence. We average close to one hundred clients per month, who are seen by approximately thirty volunteer lawyers. Accordingly, MALS and the MBA have provided free legal advice and representation to well over ten thousand clients. The clinic is, in my mind, the noblest endeavor ever of the Memphis Bar. There’s nothing else in the state of Tennessee, and nothing I know of anywhere in the nation, that has afforded so many citizens free legal assistance in times of need and distress over such a long period of time.

We have matched the monthly clinics with law firm and legal department sponsors to insure sufficient volunteer lawyers. Sponsors over the years have included: Association for Women Attorneys; Baker Donelson Bearman Caldwell & Berkowitz; Bass Berry & Sims; Ben Jones Chapter, National Bar Association; Burch Porter & Johnson; Butler Snow; City Attorney’s Office; Evans Petree; FedEx; Glankler Brown; Glassman Wyatt Tuttle & Cos; Hardison Law Firm; International Paper; Leo Bearman, Sr. American Inn of Court; Lewis Thomason; MBA Board & Past Presidents; MBA Family and Health Law Sections; MBA Young Lawyers’ Division; Martin Tate Morrow & Marston; Memphis Area Legal Services Board & Staff; Morgan & Morgan; and Wyatt Tarrant & Combs.

Several of our colleagues who are long-time and recurring volunteers include Bob Green, Ben Sissman, Bruce Ralston, Art Quinn, Carl Seely and Sam Blaiss. We’re in agreement that providing pro bono service is mandatory, rather than optional – it’s how we compensate society for the privilege of a law license. The Greater Memphis Paralegal Association and Memphis Area Legal Secretaries Association have staffed the intake portion of the clinics, where clients fill out forms to comply with Legal Services

requirements, so that all volunteer lawyers have malpractice coverage. Others who have assisted over the years include Anne Fritz, Gail Williams, Mary Vickers, Mark Berryhill, David Childe, and LaSandra Brown. Many University of Memphis law students attend the clinics as well, and receive the benefit of mentoring.

Please spread the word about the clinic to all your friends, church members, etc. We’ve never succeeded in receiving wide coverage for the clinic – apparently no one wants to hear about a lawyer doing good work. The more citizens who know of the clinic, the more good works we can perform.

“True, we build no bridges. We raise no towers. We construct no engines. We paint no pictures – unless as amateurs for our own principal amusement. There is little of all we do which the eye of man can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men’s burdens and by our efforts we make possible the peaceful life of men in a peaceful state.”

John W. Davis American Lawyer New York City address March 16, 1946 We will celebrate our tenth anniversary at the conclusion of the July Clinic Saturday, July 8th, at noon.

Please join us then and at all future clinics.

May our city and the Memphis Bar ever be blessed by our profoundly generous lawyers, and by the truly remarkable free Second Saturday Legal Aid Clinic. t 19

DEDMON V. STEELMAN ORAL ARGUMENT

By STEPHEN R. LEFFLER

I

recently had an oral argument scheduled before the Tennessee Supreme Court. My case was on the afternoon docket. But I noticed a case set on the morning calendar for argument that had been a subject of controversy among tort geeks for some time: Dedmon v. Steelman. Why not, I thought, get there early and try to read the tea leaves of the court’s questions at oral argument? Since this is typically a fool’s errand, I figured I was qualified for the task and got a seat.

Some background is helpful. To recover medical expenses in a personal injury case, the plaintiff must prove the medical expenses are reasonable and necessary.

The medical bills can be presumed both reasonable and necessary if they are less than $4,000.00 and the plaintiff follows the requirements of T.C.A. § 24-5-113 to get them into evidence.

If the bills exceed $4,000.00, they can be proved necessary in only one way. An expert, usually the treating physician, must attest to their necessity. The reasonableness of medical bills exceeding $4,000.00 can still be presumed if the plaintiff follows the requirements of T.C.A. § 24-5-113. All presumptions, though, are rebuttable.

Defendants often take the opportunity of the plaintiff’s doctor’s deposition to attack the reasonableness 20

of the bills. Plaintiff’s counsel asks the testifying doctor if the bills are reasonable and necessary. The doctor, as a matter of course, simply says, “Yes.” On cross examination, defense counsel asks pointed questions about the source of the physician’s knowledge on the reasonableness of the bills. The physician eventually admits that his job is to heal people and he is not involved in billing. That would then form the basis for a defense motion in limine to exclude the medical bills from evidence for lack of evidence of reasonableness.

The plaintiff’s alternative is to turn to T.C.A. § 245-113 to take advantage of a statutory presumption of reasonableness. If the bills total $4,000.00 or more, the presumption arises by serving an itemization of them or by serving copies of the bills on opposing counsel at least 90 days before trial. Defense counsel is then required to file a statement of their intention to rebut the presumption at least 45 days before trial, indicating which bills they believe to be unreasonable.

As long as there is proof that the bills are reasonable, the collateral source rule allows plaintiffs to seek recovery of the full amount of the bills regardless of what is actually paid by health insurance or written off by the medical providers. Assume a plaintiff incurred $25,000 in bills for medical treatment but the contract between the medical provider and insurance carrier provides for a substantial discount. At the end of the day, the medical provider accepts only $5,000.00 and writes off the rest. Under the collateral source rule, the plaintiff could seek to recover the full $25,000.00 and the jury never hears about the contractual reduction between the health insurer and

the medical provider. The goal of the collateral source rule is to avoid a situation where a tortfeasor is rewarded by getting the advantage of the responsible plaintiff’s contractual discount.

The question of the reasonableness of medical bills took a turn in 2014 with the Tennessee Supreme Court’s opinion in West vs. Shelby County Healthcare Corporation, 459 S.W.3d 33 (Tenn. 2014). West involved the question of whether a hospital could accept payment from a collateral source under its contract with a health insurer and still take advantage of the hospital lien statute to collect even more money on the bill.

Defendants seized on some dicta in the opinion to argue that the "reasonable" amount of medical bills is the reduced amount that a medical provider accepts rather than the full, non-discounted amount of medical bills. If that interpretation is adopted, defendants would be able to show juries what the plaintiff’s health insurance paid resulting in the death of the collateral source rule.

Since West, some judges have adopted this reading of West and some have not. There has developed a cottage industry of databases that alert counsel of how individual judges in both state and federal courts across Tennessee have ruled on post-West motions in limine.

In Dedmon vs. Steelman, No. W2015-01462-COAR9-CV (Tenn. Ct. App. June 2, 2016), the Western Section Court of Appeals limited the West holding to hospital lien cases. They reaffirmed the viability of the collateral source rule to the extent that the medical expenses that may be recovered in a personal injury case are the full amount of the medical bills not reduced by the discounts accepted by the medical provider.

But in so holding, the Western Section opened the door to admission of the discounted amounts in a “hybrid approach.” While allowing plaintiffs to present evidence of the full, “unadjusted” amounts charged by the healthcare providers, defendants would be allowed to present evidence of the lower, “adjusted” charges that were actually paid in order to refute the higher charges claimed by plaintiffs. The Tennessee Supreme Court granted certiorari and the stage was set in Jackson.

Melanie Stewart represented the appellant, Steelman, and stated the issue as whether West can be applied to personal injury cases and not just hospital lien cases.

The entire Court pounced. Chief Justice Jeffrey Bivins suggested that the appellant wanted to use West to change decades of settled case law. Justice Sharon Lee restated

the public policy of the collateral source rule, that is, encouraging people to carry health insurance. Justice Holly Kirby said the collateral source rule was intended to require an at-fault defendant to pay for the entire harm inflicted, suggesting that under the appellant’s theory a homeless person whose hospital forgave the entire bill would have suffered no damages for medical expenses.

Stewart replied that the courts were not intended to be a profit center for plaintiffs. Justice Bivins acknowledged the longstanding rule of thumb treating non-economic damages as being tied to economic damages such as medical bills for purposes of assessing the settlement value of tort cases. Stewart suggested that a broken bone was worth more than a soft tissue injury case causing Justice Lee to ask, “Is a soft tissue injury not painful?”

Justice Kirby asked for clarification of whether Stewart was arguing that the plaintiff’s out-of-pocket expenses become the “reasonable” medical expenses.

Stewart responded, yes, the out-of-pocket payments would reflect the true value of the medical services.

Justice Kirby responded that just because the issue is a difficult one, the Supreme Court should not just punt and take the easy way out.

Justice Roger Page mentioned that states that allow the hybrid method allow evidence of both the charged amounts and the amounts paid by health insurance.

Stewart said she could live with that to which Justice Lee asked, “So can a plaintiff also prove the insurance premiums they have paid?” Stewart responded that the jury should be told the truth and Justice Lee shot back, “But you are not telling the whole truth.” Justice Page asked about the wisdom of having the trial judge determine prior to trial what medical expenses are reasonable and charge the jury accordingly.

Brad Box representing amicus Tennessee Defense Lawyer’s Association shared time at the podium on behalf of the appellant. Judge Bivins asked whether he was really just attacking the collateral source rule to which he replied, “The collateral source rule is not before the Court today.” Justice Connie Clark asked, “But if we agreed with you, we would be abolishing the collateral source rule.”

Box argued that the appellants, “just want to put the plaintiffs in the position they would have been in had they not been injured.” Justice Kirby asked, “If the collateral source makes the tortfeasor pay for the entire harm, how do insurance payments reflect the harm?”

21

Box replied that the negotiated insurance payment is a reflection free market pricing. Box asked why a plaintiff should get compensated for something they did not pay for and finished his argument referring to the status quo as making “phantom damages” available to plaintiffs.

a windfall under the collateral source rule. Repeatedly, Vines answered, “Because the plaintiff in paying their insurance premiums.” Justice Bivins finally said that under that reasoning, people without insurance were getting the greatest windfall.

Glen Vines argued for the appellee and was immediately asked by Justice Clark why damages based on the full amount of the medical bills are not “phantom damages.” Mr. Vines replied that he had offered the expert opinion of a treating physician as to the reasonableness of the full charges. Justice Bivins replied that the unadjusted charge is simply not “economic reality.”

Justice Lee asked whether fairness would require the court to allow proof of insurance on both sides. Vines called a trial where the door is open to proof of insurance from either side a “slippery slope” because different sources pay different amounts based on different factors.

Vines: “She paid the insurance premiums.”

Bivins: “But the bill is not reality, any more than the amounts paid are.”

Vines: “The person in the best position to answer that is the doctor.”

There was a consensus among the justices that most jurors know that insurance plays a part in almost all tort trials. Justice Lee asked, “If the jurors already know insurance is involved, why not tell them how?”

Several justices asked why the plaintiff is not getting

Brian Brooks took the floor for part of the appellee’s oral argument as amicus for the Tennessee Trial Lawyers.

He argued that the dicta in West does not solve this problem because West involved a sophisticated medical provider and an equally sophisticated insurer. Dedmon only involved the reasonable monetary value of medical services. Industry experts can address the value issues.

Justice Clark asked how an expert would decide what was reasonable. Brooks responded that experts will realistically base their opinions on the billed amounts.

To which Justice Lee commented, “Pigs will fly before hospitals reduce their bills.” t

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Continuing Legal Education Below is a list of scheduled CLEs, others are continuously added throughout the year. For more information, to register, and for a full list of live CLEs and webinars, visit memphisbar.org/events.

Process & Procedure of Involuntary Commitment In the Context of Family Law & Domestic Disputes June 21 • 5:30-6:30 pm • 1 HR General The seminar will cover information to know to adequately assist a client who is in the process of being involuntarily committed. We will describe the process of involuntary commitment from the initial incident and early assessment to involuntary commitment hearings if physicians believe a longer hospital stay is necessary. We will address why people are involuntarily committed, how substance abuse and other medical conditions may interact with mental health problems, and how attorneys might get involved once an involuntary commitment is processed. Speakers: Jessica Myszak, Ph.D., and William Fulliton, Ph.D., Behavioral Science Consulting

From Crash to Cash: Handling Car Wreck Cases in TN, What You Should Know June 23 • 12:30-2:30 pm • 2 HR Dual A comprehensive guide to personal injury law for both experienced attorneys who want to build their personal injury practice and those attorneys who are new to it. This course will thoroughly cover a variety of topics such as the client intake process, the value of a case, negotiation, liens, settlement, when to file suit, litigation, and the associated ethical considerations. It will also cover ways to avoid the most common errors made by plaintiff lawyers that lead to complaints by clients to the Board of Professional Responsibility. Speakers: David Gold and Sarah Koon, The Gold Law Firm

The Changing Landscape of Patent Law: Impact of Patent Cases from the 2016-2017 Supreme Court Term on Patent Litigation & Practice June 29 • 1:00-4:30 pm • 3.25 HR General 2016-2017 USSC Patent Law Update Panelists: Honorable 24

Jon P. McCalla, U.S. District Court W.D. Tenn.; Honorable Tu Pham, Magistrate W.D. Tenn.; Richard Carter, Martin Tate; Annie Christoff, Bass Berry & Sims; Amy Pepke, Butler Snow; Patent Law Trend Implication: Observations and analysis regarding trends in Patent Litigation and Prosecution Panelists: Dean John M. Whealan, George Washington University School of Law, Intellectual Property Advisory Board Associate Dean for Intellectual Property Law Studies (former Deputy General Counsel for Intellectual Property Law and Solicitor at the U.S. Patent and Trademark Office). Patent Law in Practice Moderator: Honorable Jon P. McCalla Panelists: Dean John Whealan; Scott Elmer, Director, Office of Technology Licensing at St. Jude Children’s Research Hospital; Bill Clemmons, Sr. Patent Counsel, Smith & Nephew; John F. Triggs, Patterson: Intellectual Property Law; Amy Clunan, Director, Corporate Legal, AutoZone, Inc.

Bench Bar Conference July 20 – July 23 • 10 HR Our Aging Clients: The Intersection of Elder Law & Estate Planning July 27 • 4:00-5:30 pm • 1.5 HR General Topics Include: Elder Law Attorneys vs. Estate Planning Attorneys; Aging Clients (and Lawyers); Gifting for Estate Planning Purposes with Elder Law Consequences; Elder Law Provisions in Revocable Grantor or "Living" Trusts; Elder Law Provisions in Powers of Attorney; and Transfers at Death for Estate Planning Purposes with Elder Law Consequences Speaker: Olen "Mac" Bailey, Jr., LL.M., The Bailey Law Firm

Immigration Law August 3 • 8:30-9:30 am Speaker: David Jones, Fisher Phillips More information coming soon.

Family Law & ADR Sections seminar August 16 More information coming soon.

Ethics of Representing Victims of Domestic Violence & Representing Victims of Domestic Violence on Campus August 24 • 4:30-5:30pm • 1 HR Dual Mr. Timmons will be speaking about special ethical considerations in representing victims of domestic violence including representing clients that may suffer from psychological disorders as a result of abuse, properly managing ex parte requests for relief, confidentiality considerations when family, victims’ advocates, and support persons are involved. He also speak about special considerations for representing domestic violence victims on college and university campuses under Title IX and the Clary Act. Speaker: Brice Timmons, Black McLaren Jones Ryland & Griffee, P.C.

Family Law Section Seminar August 26, September 20, October 18, November 15 More information coming soon.

Persuasive Strategies for Mediation, Arbitration & Trial September 26 More information coming soon.

Business Torts Update: Breaches of Fiduciary Duties, Covenants Not to Compete, Trade Secrets, Etc. September 27 More information coming soon.

2017 Estate Planning Series October 10, 18, & 26 More information coming soon.

The Supreme Court & Creating CLEs October 13 More information coming soon.

Annual John Dice Wellness Seminar October 18 • 12:30-4:45 pm • 4 HR Dual Mental Health: Benefits of Meditation & Walking Meditation; Physical Health: Your Diet & Your Lifestyle; Emotional Health: Healthy Ways to Manage Stress; Humor in the Law Speaker: Bill Haltom, Lewis Thomason Included in your registration: The Shot Nurse (B-12 or Flu Shots, Blood Pressure checks) Chair massages by Massage-on-the

Go and Door Prizes.

Understanding Contempt October 20 More information coming soon.

Annual Bankruptcy Section Seminar October 27 More information coming soon.

MBA Litigation Seminar November 8 More information coming soon.

Labor & Employment Annual Seminar December 1 More information coming soon.

Last Minute Buy-the-hour Seminar December 28 More details coming soon. You can attend as many hours as you need. The deadline for completing your 2017 hours is midnight Dec. 31, 2017. This year we are going out East.

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COURT REPORT

THE

by CHARLES “BO” SUMMERS

CRIMINAL COURT—Covers the weeks of February 27 to May 8, 2017 COURT

JUDGE

DIV. I

SKAHAN

VERDICT 1. STATE V. DYLAN BREWER & CARNESHIA PIERCE: Brewer was indicted for Aggravated Robbery and Pierce for Facilitation of the offense of Aggravated Robbery. Trial lasted from April 10 to April 14, 2017. Verdict: Guilty as charged in the Indictment. Prosecutor: Leslie Byrd and Bo Summers Defense: Jeff Lee for Carneshia Pierce; Sam Christian, Andrea Prater for Dylan Brewer 2. STATE V. TORRY ANDERSON: Indicted for First Degree Murder. Trial lasted from April 17 to April 21, 2017. Verdict: Not Guilty Prosecutor: Pamela Stark and Bo Summers Defense: Mike Working and Josie Holland 3. STATE V. MELVIN WIGGINS: Indicted for Especially Aggravated Robbery. Trial lasted from May 8 to May 12, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Pamela Stark and Leslie Byrd Defense: Mark Mesler

DIV. II

WRIGHT

1. STATE V. BRADLEY HENDERSON: Indicted for Aggravated Assault. Trial lasted from February 27 to March 1, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Muriel Malone Defense: Mark Renken 2. STATE V. LADARIOUS MALLORY: Indicted for Aggravated Robbery. Trial lasted from March 27 to March 28, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Gavin Smith Defense: Larry Fitzgerald

DIV. III

CARTER

1. STATE V. RODRICAS CLARK: Indicted for Aggravated Assault. Trial lasted from March 6 to March 9, 2017 Verdict: Not Guilty Prosecutor: Scott Smith Defense: Larry Fitzgerald 2. STATE V. JAMES WILLIAMS: Indicted for Second offense DUI. Trial lasted from May 3 to May 5, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Sam Winnig Defense: Terrell Tooten

DIV. IV

BLACKETT

DIV. V

LAMMEY

DIV. VI

CAMPBELL

DIV. VII

COFFEE

1. STATE V. ZACHERY TAYLOR: Indicted for Second Degree Murder. Trial lasted from April 17 to April 21, 2017 Verdict: Not Guilty Prosecutor: Paul Goodman and Sarah Poe Defense: Sanjeev Memula and Quan Poole 1. STATE V. MERRICO JACKSON: Indicted for First Degree Murder. Trial lasted from April 3 to April 6, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Glem Baity and Tyler Parks Defense: Cornelius Bostick

NO TRIALS FOR THIS PERIOD 1. STATE V. TORY BLACKMON: Indicted for Criminal Attempt: Murder First and Employing a Firearm during the commission of a Dangerous Felony. Trial lasted from March 27 to March 30, 2017 Verdict: Hung Jury Prosecution: Jeff Jones and Jamie Kidd Defense: Joe McCluskey and Chelsea Harris 2. STATE V. ERIC BATTLE: Indicted for Criminal Attempt: First Degree Murder. Trial lasted from April 17 to April 19, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Kevin McAlpin Defense: Juni Ganguli 3. STATE V. ERIC BATTLE: Indicted for Criminal Attempt: First Degree Murder. Trial lasted from May 8 to May 11, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Ann Schiller Defense: Kathy Kent

26

CRIMINAL COURT—Covers the weeks of February 27 to May 8, 2017 COURT

JUDGE

DIV. VIII

CRAFT

VERDICT 1. STATE V. NORA GROSS: Indicted for DUI. Trial lasted from February 27 to March 3, 2017. Verdict: Not Guilty Prosecution: Sam Winnig Defense: Bo Luxman and Terrell Tooten 2. STATE V. MARQUETTE BENSON: Indicted for Convicted Felon Possession of Handgun. Trial lasted from March 20 to March 23, 2017 Verdict: Guilty as charged in the Indictment Prosecution: Jose Leon Defense: Trent Hall 3. STATE V. MIKEAL BEN YISREAL: Indicted for Unlawful Poss. Controlled substance; Possession of a Firearm during Felony; Convicted Felon in Poss. Handgun. Trial lasted from March 27 to April 4, 2017 Verdict: Guilty of Misdemeanor Drug Possession; Not guilty Possession of Firearm during Felony and hung on Convicted Felon in Possession of Handgun Prosecution: Abby Wallace Defense: Pro Se 4. STATE V. JERMEL BROWN & EARLE DAVIS: Indicted for Aggravated Robbery; Criminal Attempt: Aggravated Robbery; and Aggravated Assault. Trial lasted from April 17 to April 20, 2017 Verdict: Guilty as charged in the Indictment Prosecution: Melanie Cox Defense: Michael Johnson 5. STATE V. TRACEY DOUGLAS: Indicted for First Degree Murder. Trial lasted from April 24 to April 28, 2017 Verdict: Guilty as charged in the Indictment Prosecution: Marianne Bell and Kenya Smith Defense: Pro Se 6. STATE V. ERIC BATTLE: Indicted for Murder in the Perpetration of a felony- Robbery; Aggravated Robbery. Trial lasted from May 8 to May 12, 2017 Verdict: Guilty of the lesser included offense of Reckless Homicide and Aggravated Robbery Prosecutor: Greg Gilbert and Bo Summers Defense: Charles Mitchell

DIV. IX

WARD

1. STATE V. JAMAL AUSTIN & DALVIN SMITH: Indicted for Murder in the Perpetration of a Robbery; First Degree Murder; Especially Aggravated Robbery. Trial from February 27 to March 3, 2017 Verdict: Guilty as charged as to Jamal Austin on Murder Perp. On Dalvin Smith as charged as to Especially Aggravated Robbery and to lesser included offense of Reckless Homicide Prosecution: Greg Gilbert and Jose Leon Defense: Territa Hewlett-Riley 2. STATE V. MARK GIANNINI.: Indicted for Aggravated Rape x 3. Trial from April 17 to April 21, 2017 Verdict: Not Guilty Prosecutor: Neal Oldham, Carrie Shelton and Jessica Shurson Defense: Steve Farese and Bill Massey

DIV. X

BEASLEY

1. STATE V. RONALD JOSEPH BARCLAY, JR.: Indicted for Sexual Exploitation of a Minor. Trial from February 27 to March 3, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Jessica Shurson Defense: Stephen Barnes 2. STATE V. CHRISTOPHER SWIFT: Indicted for. Trial lasted from May 1 to May 5, 2017 Verdict: Guilty as charged in the Indictment Prosecutor: Reggie Henderson and Pamela Stark Defense: Charles Mitchell

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Circuit Court Report

by STEPHEN LEFFLER

DIV 1: FELICIA CORBIN-JOHNSON 1. CT-002864-13: 1-26-17, Barge, Waggoner, Sumner and Cannon, Inc. v. Vanecia Belser Kimbrow d/b/a Heritage Development Partners, LLC, Breach of Contract, Non-Jury, Evelina C. Cheadle for Plaintiff, Robert A. Cox Bennett for Defendant, Defense Verdict.

2. CT-003188-16: 3-14-17, Richard Stanfill, Jerry Mask Trucking and Shelter Insurance Company v.

Anthony Cooper, Breach of Contract, Non-Jury, James E. Conley, Jr. for Plaintiff, Anthony Cooper, Pro Se, Plaintiff Verdict for $6,275.00.

3. CT-004713-13: 3-15-17, Terzino Bomprezzi. v.

River Tower Homeowners Association, Damage to Condo Unit, Non-Jury, Kevin A. Snider for Plaintiff, Tracy Overstreet for Defendant, Plaintiff Verdict for $8,383.41.

4. CT-004778-15: 3-24-17, James Skefos v. Edmond Robinson and Tracie Williams, Appeal of General Sessions FED, Non-Jury, Toof Brown for Plaintiff, Defendants Pro Se, Plaintiff Verdict for $16,073.33.

5. CT-004562-13: 3-31-17, Michael J. Roberts, Deceased, and his Widow, Rhonda Roberts on his behalf and Individually v. Juanita W. Mitchell, Wrongful Death, Jury, Mark Ledbetter for Plaintiff, Nicholas J. Owens, Jr. for Defendant, Defense Verdict.

6. CT-005243-15: 4-10-17, Darryl Stevenson, Charles Lee and Rodney Pipes v. Deedra Clark, Auto Accident, Jury, Allen Gressett for Plaintiff, Paul M. Buchanan for Defendant, Defense Verdict (100% fault to Plaintiff Darryl Stevenson, 0% fault to Defendant Deedra Clark, Remaining Plaintiffs awarded $0 for pain and suffering).

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DIV 2: JAMES F. RUSSELL 1. CT-004957-13: 11-19-15, Kobie O. Turner v. Officer Tony Brown and City of Memphis, GTLA (Auto Accident), Non-Jury, Mark N. Geller for Plaintiff, Andre C. Wharton for Defendant, Plaintiff Verdict $90,000.00.

2. CT-004409-15: 12-6-16, Kellie Banks f/u/b Priority Insurance Company and Arch Insurance Company v. Angela Branch, Auto Accident, Non-Jury, Patrick E. Bensinger for Plaintiff, Kenneth M. Margolis for Defendant, Plaintiff Verdict $4,500.00.

3. CT-000596-14: 2-22-17, First Horizon Home Loans v. Eddie S. Jones and Pamela Jones, Contested Foreclosure, Non-Jury, Jerry Morgan for Plaintiff, Bryan Meredith for Defendant, Plaintiff Verdict possession of real property.

4. CT-003979-14: 3-6-17, Consuella Battin v. Hooman Oktaei, Auto Accident, Jury, Jennifer L. Miller for Plaintiff, James O. Parker for Defendant, Defense Verdict (50/50% fault) 5. CT-000273-15: 3-16-17, Cornelius Otis v. City of Memphis, GTLA (Auto Accident), Non-Jury, David A.E. Lumb for Plaintiff, Prince C. Chambliss, Jr. for Defendant, Plaintiff Verdict $42,714.84 6. CT-002887-13: 4-4-17, Gail D. Dickerson v. David Valdini, Auto Accident, Jury, Jason G. Whitworth for Plaintiff, Christopher L. Nearn for Defendant, Plaintiff Verdict $46,500.00.

DIV 3: VALERIE L. SMITH 1. CT-001752-14: 2-23-17, Anthony Holder, Individually and as Next Friend of Decardis Holder v. Shelby County, Tennessee, GTLA (Wrongful

Death of Jail Inmate), Non-Jury, Bryan M. Meredith for Plaintiff, John Marshall Jones for Defendant, Plaintiff Verdict for $300,000.00.

2. CT-005525-11: 3-1-17, Beatrice Auguster, Personal Representative on behalf of All Wrongful Death Beneficiaries of the Estate of Stephanie Johnson, Deceased v. Jayanta K. Dirghangi, M.D., Med Mal, Jury, Bill Wade for Plaintiff, Darrell E. Baker, Jr. and Deborah Whitt for Defendant, Directed Verdict in favor of Defendant at close of Plaintiff’s proof.

3. CT-004499-12: 3-9-17, Charles Burton v. Powers L. Manley, Breach of Contract, Non-Jury, Tim Thompson for Plaintiff, Derek E. Whitlock for Defendant, Plaintiff Verdict for $11,434.02.

4. CT-005357-13: 3-14-17, Clay and Land Insurance, Inc. v. Most Valuable Personnel, LLC, Breach of Contract, Non-Jury, Roger A. Stone for Plaintiff, Stuart Breakstone and Marvin Vining, Pro Hac Vice for Defendant, Plaintiff Verdict for $15,833.00.

5. CT-001244-16: 3-31-17, Donald Banks v. Jasmine Robinson and Mary Dowell, Auto Accident, Jury, Jared W. Eastlack for Plaintiff, Robert Moore for Defendant, Mildred Sabbatini for UM Carrier, Plaintiff Verdict for $10,000.00.

DIV 4: GINA C. HIGGINS 1. CT-001895-14: 12-9-16, Larry Jenkins v. John Doe, Auto Accident, Jury, Robert L. J. Spence, Jr. for Plaintiff, Sam R. Marney III for Defendant, Plaintiff Verdict for $32,361.25.

2. CT-005282-13: 1-9-17, Kariem Abdul Saalam and Gerita Saalam v. Gordon Scott Holloway, Auto Accident, Jury, William Hackett for Plaintiff, H. Lynne Smith for Defendant, Plaintiff Verdict: $6,837 for Kariem Abdul Saalam and $200.00 for Gerita Saalam.

3. CT-001556-12: 3-20-17, James Woods d/b/a J&J Construction v Fred Williams, Breach of Contract (Construction), Non-Jury, David A. Gold for Plaintiff, James E. King for Defendant, Plaintiff Verdict for $1,250.00 and release of all liens.

4. CT-003939-12: 4-17-17, Kevin McMullen v. Joshua Parrish, Auto Accident, Jury, Adam Johnson for Plaintiff, Robert L. Moore for Defendant, Russell

B. Jordan for UM Carrier, Plaintiff Verdict for $40,000.00.

DIV 5: RHYNETTE HURD 1. CT-004123-15: 12-9-16, Otho Sanford v. Bobby Blackmon, Auto Accident, Jury, Derek O. Fairchilds for Plaintiff, Christopher Nearn for Defendant (UM Carrier), Plaintiff Verdict for $2,000.00 (Trial on damages only).

2. CT-003964-15: 12-16-16, SKB Facilities and Maintenance, Inc. v. Freds, Inc., Breach of Contract, Non-Jury, Jeremy A. Davis for Plaintiff, Richard D. Underwood and Henry B. Talbot for Defendant, Plaintiff Verdict for $5,137.24.

3. CT-001115-12: 1-26-17, Mike Bogan v. Drew Butler and Annie L. Butler, Auto Accident, Jury, Drayton D. Berkley for Plaintiff, J. Jeffrey Lee for Defendant, Plaintiff Verdict for $140,000.00.

4. CT-005327-14: 2-3-17, Richard and Melissa Faber v. Sarah E. Hunt and Joe Miller d/b/a Chic-Fil-A, Injury to Pedestrian from Motorist, Jury, Tim Edwards for Plaintiff, Robert A. Talley and Dawn Davis Carson for Defendants, Mistrial (Jury unable to reach unanimous verdict).

5. CT-000427-15: 2-6-17, Michael Dean v. Vera McDonald, Auto Accident, Jury, James B. Stephens for Plaintiff, Christopher L. Nearn for Defendant, Plaintiff Verdict for $6,932.38 (Award included economic damages only).

6. CT-000591-15: 2-28-17, Ladji Docko and Neva Docko v. Michelle B. Cooper f/k/a Michelle B. Smith, Auto Accident, Jury, William T. Hackett and Bobby F. Martin for Plaintiff, Craig B. Flood II for Defendant, Russell B. Jordan for State Farm, Defense Verdict (Plaintiff 90% fault, Defendant 10% fault).

DIV 6: JERRY STOKES 1. CT-002144-15: 12-16-16, Randall Holt, Sheila Holt and Martha Holt v Billy Kirk and Laura Kirk, Intentional Tort, Jury, Marti Kaufman for Plaintiffs, Gary Jewel and Stephen Toof Brown for Defendants, Plaintiff Verdict for $200,000.00.

2. CT-002343-12: 1-31-17, Johnny Morris v. Bryan Bowling and A.B. Bowling, Auto Accident, Jury, 29

William M. Jeter for Plaintiff, James Conley for Defendant, Plaintiff Verdict for $60,000.00.

3. CT-005304-11: 2-10-17, Gillis M. DeWitt, Individually and as Surviving Spouse of Tracy Glen DeWitt, Deceased v Yuen-Yee Fong, D.O., Med Mal, Jury, Edmund J. Schmidt, III, Gary K. Smith and Philip Campbell for Plaintiff, Natalie M. Bursi, William H. Haltom, Jr. and Marcy D. Magee for Defendant, Defense Verdict.

4. CT-000560-12: 2-23-17, Avery Lubin and Charlyn Lubin v Dr. Gregory L. Thompson, Med Mal, Jury, Richard Glassman and Lauran G. Stimac for Plaintiff, Robert A. Talley for Defendant, Defense Verdict.

5. CT-003025-13: 3-30-17, Battery Alliance, Inc. v T&L Sales, Inc., William Stout and Ryan Stout, Breach of Personal Guaranty, Non-Jury, Jerry A. Schatz for Plaintiff, Drew Davis for Defendant, Defense Verdict.

6. CT-004521-15: 4-13-17, Leslie Michael and Tony Sanders v. William J. Scofield and Blake W. Scofield, Auto Accident, Jury, Allen Gressett for Plaintiff, Dawn Davis Carson for Defendant, Defense Verdict.

DIV 7: MARY L. WAGNER 1. CT-001493-15: 12-9-16, Rubin Williams v. Melissa H. Renshaw, Auto Accident, Jury, Ashley Schuerman Bennett for Plaintiff, Dawn Davis Carson for Defendant, Defense Verdict.

2. CT-001856-15: 4-17-17, Vakea Bond, Individually and as Next Friend of Akela Blair v. Keith Holmes, Auto Accident, Jury, David Mays for Plaintiff, Robert L. Moore for Defendant, Defense Verdict.

DIV 8: ROBERT S. WEISS 1. CT-004043-14: 2-3-17, Brian Gehrt and Brandon Gehrt v. Deanna Nolen, Auto Accident, Jury, Matthew C. Hardin and James E. Blount for Plaintiff, Dawn Davis Carson for Defendant, Plaintiff Verdict: Brandon Gehrt for $9,031.19 and Brian Gehrt for $3,365.62.

DIV 9: ROBERT L. CHILDERS 1. CT-000496-15: 12-12-16, All In One Renovations, LLC v. Don Torres and Victor Torres, Breach of Contract, Non-Jury, Stephen F. Libby for Plaintiff, Linda J. Mathes for Defendant, Plaintiff Verdict for $13,950.00.

2. CT-000125-14: 1-23-17, Kamilah Robinson, Individually and as Next Friend of Car’Travian Adams, A Minor v. City of Memphis, GTLA (Auto Accident), Non-Jury, Michael F. Montesi for Plaintiff, Christopher Vescovo for Defendant, Plaintiff Verdict for $75,000.00. (Plaintiff 75% fault, Defendant 25% fault, Minor Child 0% fault; Gross Verdict of $488,771.45, Reduced to $300,000 GTLA Cap x 25%) 3. CT-003791-15: 3-3-17, Odella McKinnon v. Batchelors Improvements, Inc., Breach of Construction Contract, Non-Jury, Carlee McCullough for Plaintiff, Earl Houston for Defendant, Plaintiff Verdict for $64,376.88.

4. CT-004792-15: 3-27-17, Yyvette Kelley v. Alka M. Kumar, Auto Accident, Jury, Adam Johnson for Plaintiff, Andrew Plunk for Defendant, Plaintiff Verdict for $15,000.00.

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6256 Poplar Avenue | Memphis, TN 38119 www.baileygreer.com *The sharing of attorney fees must comply with Tenn. R.P.C. 1.5

Breaks That Make a Difference

by KERRY AVENS KRAUCH

E

very March a group of dedicated law students volunteer to spend their spring break performing pro bono work during Alternative Spring Break. It is hoped their experiences will kindle a spark of interest that will lead to a career in public interest law. The students are divided into different tracks, representing different practice areas. The Community Legal Center (“CLC�) supervises students in several tracks, including immigration. This year, the Immigration Track focused on asylum, concluding with a trip to the West Tennessee

32

Detention Center in Mason, TN. The following is an account from one of the students, Alexandra Francis, of her experiences: It was a gloomy day as I walked into Cecil C. Humphreys School of Law to begin Alternative Spring Break. A small part of me wondered why in the world I volunteered to wake up early and work during my week off class. Still, I was excited and nervous because I had zero experience with anything having to do with immigration, especially its legal aspects. Our supervising

attorney had given our group an overview of immigration law and explained what we would be doing throughout the week. We would observe master calendar hearings in Memphis Immigration Court, guardianship hearings in Probate Court, and client meetings at Latino Memphis, and visit the West Tennessee Detention Center to interview detained Haitian immigrants.

Each place we visited left me with more questions and feelings of helplessness. Why are immigrants so stigmatized? I believe one answer is a lack of education on matters such as why most of these people travel here, the conditions they used to live in, the fear they faced on a daily basis, and the suffering they experienced or watched loved ones go through. Sadly, I never truly understood exactly what these people were going through until hearing, firsthand, the stories they were willing to share. Some reasons for coming to the United States were similar, that if they didn’t leave they would die and would die if they were forced to return. Their world is nothing like the world most of us are living in each day.

I was born and raised in the United States so our laws were all I knew. There was never a moment that I truly

feared for my life or worried that someone would forcibly take me away from my family. I wasn’t surrounded by violence in my home or neighborhood. I went to a public school and received a good, free education. My life is drastically different than these immigrants, yet I take my freedom and rights for granted each day.

Meeting with detained immigrants at the detention center opened my mind and heart in ways I never knew possible. I have always had a great love and passion for helping people but never really knew what I could do to make a difference. Having the opportunity to listen to just a few of the men in the detention center was an honor. These men were confused, alone, and still hurting.

Their experiences are things I have only ever seen or heard of in movies.

I’ll never forget what the men told us before we left.

The men who were locked up and didn’t understand why, thanked us for being there and said it gave them hope. They didn’t feel as alone and felt there were people who were fighting to help them. It was this experience that now motivates me to fight as hard as I can for their freedom. t

The New Standard In Mediation In the world of mediation, experience is vital. That’s why Memphis Mediation Group was established. John R.Cannon, Jr., Michael G. Derrick, and Frank S. Cantrell are each Tennessee Rule 31 Listed General Civil Mediators with decades of combined state and federal litigation and mediation experience. With their deep backgrounds and continual proven success, John, Mike and Frank are setting the new standard for mediation in Tennessee.

Schedule a case with Memphis Mediation Group at

901-259-5915

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MALS

CORNER

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Join Us in Supporting MALS and Access to Justice

by SHEPHERD (SHEP) D. TATE, Partner, Bass, Berry & Sims

his year I have the great privilege of serving as the Chair of Memphis Area Legal Services’ Campaign for Equal Justice, trying to fill some part of the very large shoes of my predecessor, John Heflin, and his Cabinet, who did an exceptional job of raising more than $366,000 for MALS last year. This year has its special challenges, with an increased need for legal help in protecting the most essential rights of our community’s poor, and the prospect of significant shortfalls in federal assistance to legal aid for the poor. MALS needs your help this year, more than ever.

Memphis’ overall poverty rate of 26% and child poverty rate of 43% is one of the highest in the nation.

Let that sink in – ¼ of our residents and close to ½ of the children in our community live in poverty. Poverty isn’t only an economic barrier to families’ short and long-term sustainability, but also leads to a host of social problems that, without interventions and remedies, can cause community problems including: • the education of young children is hampered, posing the prospect of a lifetime of lost opportunities; • the school drop-out rate increases and children spend their days in the streets, rather than in school; • crime increases in neighborhoods, • blight manifests and homelessness surges, • With your support, MALS can do tremendous things by increasing access to justice for those who can’t afford legal services. MALS can help families navigate the legal system to keep their homes; MALS can help protect women and children from domestic abuse, which otherwise would drive them from their residences; MALS can help Veterans gain the benefits they have earned through their service so they can return to a productive and stable life in the community; MALS can help seniors avoid financial exploitation; and MALS can aid children who are struggling with health problems.

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For those of us who are familiar with the legal system, who have a sense for how the legal system can protect our rights and who are otherwise privileged, it’s helpful to be reminded that so many in our community often need legal help in protecting their basic human rights. That’s where your contribution to MALS can help.

Many of you give your time and resources to MALS throughout the year in various ways both financially and by participating in pro bono initiatives. Some of you may have thought about becoming involved with MALS, but haven’t had the opportunity. Whether you are a long-time supporter or someone who wants to positively impact the lives of the less fortunate members of our community, you should know that the need for your help has never been greater.

Similar to other organizations funded by the Legal Services Corporation, MALS could be affected by shifts in federal funding priorities. The proposed FY 2018 White House Budget calls for the defunding of the LSC and reductions in other domestic programs that provide funding to MALS. LSC’s support alone constitutes about 40% of MALS’ overall 2017 budget. All of these developments could have a devastating impact on MALS’ overall funding and its ability to provide client services.

This year, the Campaign volunteers will focus on attaining the new goal of $400,000, a $50,000 increase over 2016’s goal. In order to reach this goal we will need the help of both the legal and non-legal communities.

Please join us in our efforts to make Memphis and Shelby County a better place for everyone by making a tax-deductible contribution to MALS’ Campaign for Equal Justice. You can do so by visiting https://donations. malsi.org or responding to calls and solicitations from Cabinet members or by calling MALS at 901.255-3452.

On behalf of MALS’ Board, staff and volunteers, we appreciate your support and thank you in advance for your needed contribution. t

CAMPAIGN FOR EQUAL JUSTICE

VISIONARY Baker Donelson Bearman Caldwell & Berkowitz PC

DIFFERENCE MAKERS Bass Berry & Sims PLC

Bourland Hein Alvarez Minor & Ma�hews PLC

Burch Porter & Johnson PLLC

Butler Snow LLP

Farris Bobango Branan PLC Glassman Wya� Tu�le & Cox PC

Ford & Harrison LLP Harkavy Shainberg Kaplan & Dunstan PLC

Interna�onal Paper Company

Law Office of J. Houston Gordon

Lewis Thomason Magids Co�am PLC Memphis Area Legal Services Inc. The Hunt Law Firm Waller Lansden Dortch & Davis LLP

Li�ler Mendelson PC Mar�n Tate Morrow & Marston PC Prochaska Quinn & Ferraro PC The Wharton Law Firm

malsi.org

Memphis Area Legal Services is Grateful to the Following Contributors to the 2016 Campaign for Equal Justice VISIONARIES

Scot A. Bearup, Esq. Sean A. (Esq.) & Clarice Hunt Shuttleworth Williams PLLC Spicer Rudstrom PLLC Baker Donelson Bearman Caldwell & Strain Wealth Partners Berkowitz PC SunTrust Bank Thad S. Rodda Jr., Esq. DIFFERENCE MAKERS Firms of 2 or more contributing $350 or The University of Memphis Cecil C. Humphreys School of Law more per attorney The University of Memphis Foundation SBA - In Support of Race Judicata Bass Berry & Sims PLC Bourland Heflin Alvarez Minor & Matthews PLC Watkins Uiberall PLLC Watson Burns PLLC/ Rust Consulting Burch Porter & Johnson PLLC Wiseman Bray PLLC Butler Snow LLP Yuletide Office Solutions Farris Bobango Branan PLC Ford & Harrison LLP LEADERS Glankler Brown PLLC Contributions from $400-$999 Glassman Wyatt Tuttle & Cox PC Harkavy Shainberg Kaplan & Dunstan PLC Annie T. Christoff, Esq. International Paper Company Ben G. Sissman, Esq. Law Office of J. Houston Gordon Bradley E. Trammell, Esq. Lewis Thomason Bruce M. Smith, Esq. Littler Mendelson PC Buckner P. Wellford, Esq. Magids Cottam PLC Chris & Autumn B. Chastain, Esq. Martin Tate Morrow & Marston PC Chris Cooper Memphis Area Legal Services Inc. Clayton C. Purdom, Esq. Prochaska Quinn & Ferraro PC Hon. David S. Kennedy - In Memory of Rosenblum & Reisman PC David C. Doten, Jr. The Hunt Law Firm Donald E. (Esq.) & Paula S. Bourland The Wharton Law Firm Donna K. Fisher, Esq. Waller Lansden Dortch & Davis LLP E. Franklin Childress, Esq. Euguene & C. (Esq.) & Mary Gaerig BARRISTERS Gregory H. Siskind, Esq. Contributions from $10,000-$14,999 Harris P. Quinn, Esq. Henry C. Shelton, III, Esq. Evans Petree PC Henry Turley State of Tennessee Access to Justice Fund J. William Pierce, Esq. James W. Curry, Esq. ADVOCATES Hon. Janice M. Holder - In Memory of Contributions from $5,000-$9999 Contributions of $25,000 or more

Joanne Martin Jenkins & Samuel Howard Peason

Alan L. (Esq.) & Susan Kosten Anonymous Apperson Crump PLC National Legal Aid & Defender Association Insurance Program Calhoun & Associates Cocktails for a Cause - Sponsored by Kathy & Kelly Fish Hon. Diane Vescovo & Michael McLaren, Esq. Methodist LeBonheur Healthcare Outfront Media Wyatt Tarrant & Combs LLP

GUARDIANS

Contributions from $1000-$4999 Association of Corporate Counsel AmericaTennessee Chapter Alex (Esq.) & Debra Saharovich Alpha Reporting Andre C. Wharton, Esq. Ben C. (Esq.)& Kathy B. Adams Christian Brothers University City of Memphis - Law Division Contemporary Media/Memphis Flyer Cooper Mountain Vineyard Cory B. (Esq.) & Mary Trotz Crye-Leike Debbie H. Bailey DirectFX Solutions Law Offices of Earle J. Schwarz Eugene J. Podesta, Esq. Federal Bar Association - Memphis Chapter Fidelity National Title Group Harris P. Quinn, Esq. Harris Shelton Hanover Walsh PLLC Harrison D. McIver, III, Esq. - In Memory of

Jennifer L. Miller, Esq. - In Memory of Martha Rockwell

Jill M. Steinberg, Esq. John C. Pekar, Esq. John E. Kruger, Esq. - In Memory of Jeanne M. Kruger

John H. Parker, II, Esq. - In Memory of Patrick Leach

John J. Heflin, Esq. Katharine W. Kores, Esq. Keating C. Lowery, Esq. Kimbrough B. Mullins, Esq. Sen. Lee A. Harris Lenard P. Hackel, Esq. Lucie K. Brackin, Esq. Mary C. Mayham, Esq. Matthew & Adrienne K. Price Dean Peter V. Letsou Richard H. Allen, Jr., Esq. Hon. Robert L. Childers - In Memory of David E. Caywood, Esq.

Robert L. Crawford, Esq. - In Memory of Hal Gerber

Robert Q. Wilson, Esq. Ruby R. Wharton, Esq. Samuel P. Strantz, Esq. Sarah H. Norton, Esq. Scott J. Crosby, Esq. Shannon L. Toon, Esq. Shea S. Wellford, Esq. Thomas L. Parker, Esq. W. Paul (Esq.) & Kathy Tuberville W. Rowlett Scott, Esq. Whitney M. Harmon, Esq.

SUPPORTERS

Contributions from $150-$399

David E. Caywood, Esq. and Hon. Richard B. Teitelman (MO), In Honor of Hon. Holly Kirby, John Heflin, Esq. Aaron A. Neglia, Esq. and Ricky E. Wilkins, Esq. Alan Glast

J.W. & Kathy Buckman (Esq.) Gibson Jim & Lucia Gilliland - In Memory of Hal Gerber, Daniel Doyle Canale & David E. Caywood, Esq.

Jonathan C. Hancock, Esq. Justin M. Ross, Esq. Kevin N. Graham, Esq. Kristine L. Roberts, Esq. Lauran G. Stimac, Esq. Memphis Business Interiors The Metropolitan Bank Michael E. (Esq.) & Sharon Goldstein Morgan & Morgan - In Memory of Martha Rockwell National Bar Association - Ben F. Jones Chapter Paul H. & Mary A. Morris, Esq. Priority Insurance Agency Inc. Randy (Esq.) & Lissa J. Noel Rice Amundsen & Caperton PLLC Richard N. Glassman, Esq.

Alan L. (Esq.) & Susan Kosten Albert C. Harvey, Esq. Allen S. Blair, Esq. Allen T. Malone, Esq. Alexander W. (Esq.) & Karen Wellford Allison Gibbs Amy Golden, Esq. Amy P. Kelley, Esq. Andrew C. Clarke, Esq. Anidra J. (Esq.) & Alonzo Lomax Anna L. Phillips, Esq. Anthony Sledge Arleen L. Siegel, Esq. Asia N. Diggs Meador, Esq. Barbara B. Lapides, Esq. Barbara R. Loevy, Esq. Blanchard E. Tual, Esq. Bruce M. Kahn, Esq.

Byron B. Winsett, III, Esq. Rep. C. Craig Fitzhugh C. Michael Adams Jr., Esq. C. Barry Ward, Esq. Cameron & Amy Mann Carla Peacher-Ryan, Esq. Cary R. Califf, Esq. Hon. Chris B. Craft Chris L. & Anna M. Vescovo - In Memory of Nick Pesce

Christy F. Washington Cindy V. Tupis, Esq. Clifford D. Pierce, Esq. Colby S. Morgan, Jr., Esq. Colleen Hitch (Esq.) & Lee Wilson Craig P. Barnes, Esq. David E. Gordon, Esq. David F. Leake, Esq. David J. Cocke, Esq. David L. Mendelson, Esq. Deborah L. Martin - In Memory of Martha Rockwell Devon L. Gosnell, Esq. Diana M. Comes, Esq. Dirk R. Gardner, Esq. Hon. Donn A. Southern Prof. Donna S. Harkness Doris A. Randle-Holt, Esq. - In Memory of Bennie Reed Johnson, Jr.

Edward M. Bearman, Esq. Edward R. Young, Esq. Eugenia G. McGown, Esq. Frances M. Riley, Esq. Frank S. Cantrell, Esq. Gary E. Veazey, Esq. Hon. George H. & Lillian Brown George T. "Buck" (Esq.) & Malinda Lewis Godwin Morris Laurenzi & Bloomfield PC In Memory of Martha Blackwell

Hayden D. Lait, Esq. Henry L. Klein, Esq. - In Memory of

Bill & Barbara Walker and William Fisher, III,

Henry P. Doggrell, Esq. Homer R. Beliles, Esq. J. Maxwell Williams, Esq. J. Michael (Esq.) & Margie Fletcher J.D. Gentry, Esq. Jacob Dickerson, Esq. James B. Jalenak, Esq. James (Jim) C. Warner, Esq. Hon. James F. Russell James G. & Linda D. Couch James P. (Esq.) & Ellen J. Barry James R. Hall, Esq. Janese Perry Jennifer A. Sink, Esq. Jerry E. Mitchell, Esq. Joanne Watson Jodie Gilmore Hon. JoeDae L. Jenkins Joel H. Porter, Esq. Johannah F. O'Malley, Esq. John M. Jones, Esq. - In Honor of Kenneth Jones Esq. Jonathan E. Nelson, Esq. Joseph D. Barton, Esq. Julia M. Kavanaugh, Esq. Katherine B. Anderson, Esq. Kavita G. Shelat, Esq. Kenneth P. Jones, Esq. - In Honor of Mary Ben & John Heflin, Esq.

Kevin G. Patterson, Esq. Kim Weiss Kirk A. (Esq.) & Anne Caraway L. Don Campbell, Jr., Esq. Lauren L. Holloway, Esq. Lauryce P. Graves-McIver - In Honor of Harrison D. McIver, III, Esq.

Leigh M. Chiles, Esq. Linda Williams Lloyd C. (Esq.) & Ann Kirkland Lloyd Calhoun Lynn A. Landau, Esq. M. Jean Holbert, Esq. Marion S. Boyd Jr., Esq. Mark A. Lambert, Esq. Sen. Mark S. Norris Mary L. Aronov, Esq. Mary M. Whitfield, Esq. Matthew M. Lubozynski, Esq. Maureen T. Holland, Esq. Michael B. Neal, Esq. Michael J. Stengel, Esq. Michael K. Chapman, Esq. Mike & Jennifer Adams Monice M. Hagler, Esq. - In Memory of Rita Stotts Nicole A. Huber, Esq. Nicole M. Grida, Esq. Oliver & Emily Banks Peter B. Gee, Esq. - In Memory of Martha Rockwell Philip E. Mischke, Esq.

Pounders Coleman R. Lee Webber, Esq. Rajiv Singh, Esq. Ratan D. & Vicki A. Singh Reva M. Kriegel, Esq. - In Honor of Marty Reagan & Jef Feibelman, Esq. Richard M. Carter, Esq. Richard R. Roberts, Esq. Richard S. Goldaber, Esq. Rita L. Gibson Rayford, Esq. Robert E. Royal, Esq. Robert "Joe" Leibovich, Esq. Ronald L. Coleman, Esq. - In Honor of Hon. Janice M. Holder

Ronald T. Solberg, Esq. Rose M. Benson Royalyn Keathley, Esq. S. Newton Anderson, Esq. Scottie O. Wilkes, Esq. Hon. Shayla N. Purifoy Stephen F. Libby, Esq. Stone Higgs Drexeler Stuart B. Breakstone, Esq. Susan M. Callison, Esq. Sylvia Ford Brown, Esq. T. Robert Abney, Esq. Thomas W. Coupe, Esq. Tiffany T. Bowders, Esq. Tillman C. Carroll, Esq. Todd V. Williams, Esq. Hon. Valerie L. Smith W. Bryan Smith, Esq. W. King Self, Jr., Esq. Wendy Sumner Winter William H. Haltom, Esq. William R. (Bill) & Julie C. O'Connor William T. Hackett, Esq. William W. Dunlap, Esq. William S. Young, Esq.

FRIENDS Contributions from $149 and below Abigail J. Webb, Esq. Allison Donald Amy Chandler, CPA Annie Edwards Anonymous Anu Tanya, Esq. April L. Bostick, Esq. Ashley Finch Ashley Y. Baskette - In Memory of Martha Rockwell

Barbara Griffin Belinda Winston Beunca Jones Biridiana Rodriguez Boyd L. Rhodes, Esq. Brandon S. Leslie, Esq. Bryan Brown Carolyn Mills Carrie & Phil Kerley - In Memory of Martha Rockwell

Cary Schwimmer, Esq. Hon. Cary C. Woods Catherine Randolph Charles F. (Esq.) & Kay Newman Charlotte Jackson Chassia Taylor Chris M. & Constance L. Apalodimas Christina Vranich Prof. Christina A. Zawisza Christopher W. Ellis Clyde D. Kelso, III, Esq. Hon. Connie Clark - In Honor of Hon. Holly Kirby

Cuba Westbrooks Cynthia Vaughn Dancy McKinney Parker Daniel S. Beasley David J. Harris, Esq.

Hon. David S. Walker Deborah K. Kinard Hon. Deborah M. Henderson Dwight C. Campbell, Esq. Earnest E. Fiveash, Esq. Eric A. McEnerney, Esq. Eva Lynn Bishop Freda M. Turner, Esq. Gabriel P. McGaha, Esq. George S. Sullivan, Esq. Giles W. Robinson Hon. Gina C. Higgins Glen G. Reid, Esq. Glenda V. Peete Howard Eddings Hugh Francis IV, Esq.

Irwin A. Magevney, Esq. Irvin L. Tankersley, Esq. Isabel Santoyo J. Houston Gordon, Esq. - In Memory of David E. Caywood, Esq.

J. Michael Murphy, Esq. Hon. J. Robert "Bobby" Carter, Jr. Jack Belz Jack Hamlin Jack Heflin, Esq. James E. Bingham, Esq. James M. Lewis Jr. Jana J. Snyder, Esq. Janis McMaster Jay Coggins, Esq. Jeannie M. Kosciolek, Esq. Jef (Esq.) & Barbara Feibelman Jeffrey S. Warren Jennifer Jacobson Jennifer S. VanDeveer, Esq. Jill Wilson Hodges JoAnn Jones Joe M. Duncan, Esq. Joe M. Spake John L. Ryder, Esq. Hon. John R. McCarroll, Jr., Esq. John R. McCarroll, III, Esq. John W. McQuiston, Esq. Jonathan A. Lindsey, Esq. Joseph L. (Esq.) & Teresa Smith Justin N. Joy, Esq. Kamilah E. Turner, Esq. Karl A. Schledwitz, Esq. Katherine Newsome Kathleen D. Norfleet Keisha Alton-Moore Kendra L. Tidwell, Esq. Keri M. Cash Kevin J. Mencke, Esq. Kristen Boyden LaSandra Brown Jefferson - In Memory of

Jerry J. Brown Jr., Clifford Sherrill, Jr. & Roy Tate, Jr.

Laura S. Martin, Esq. Laurinda T. Ingram, Esq. Leslie Glasper Leslie R. Isaacman, Esq. Linda W. Seely, Esq. Louise P. Gaerig, Esq. Luke P. Cantrell, Esq. Lydia Walker Lynn Buhler, Esq. Madelyn Gray Margot McNeeley Marie Dodson Marilyn K. Dunavant, Esq. Marissa Morgan Marlinee C. Iverson, Esq. Martin A. Grusin, Esq. Mary Day Mary Thompson Matthew F. Jones, Esq. Megan E. Arthur, Esq. Melody I. McAnally, Esq. Michael A. Fearnley, Esq. Michael B. & Elizabeth (Betsy) E. Chance, Esq. Michael C. Patton, Esq. Michael I. Less, Esq. Michael P. Coury, Esq. Michael Richards, Esq. Milandria King, Esq. Miranda F. Rhoads, Esq. Monica R. Rejaei, Esq. Nancy E. Bogatin - In Memory of Hal Gerber Ndidi L. Gbulie, Esq. Nelle W. Pallme, Esq. - In Honor of Shelby County Public Defender's Office

Nicolas Stephens Niel Prosser, Esq. Odell Horton Jr., Esq. Peter H. & Janis W. Kesser, Esq. Philip E. Oliphant, Esq. Philip Maloney R. Carroll Todd R. Glenn Taylor, Esq. R. Grattan Brown Jr., Esq. Richard W. Pierotti, Esq. - In Memory of Judge Horace O. Pierotti

Robert C. (Esq.) & Susan D. Liddon Robert P. Blumenthal, Esq. Hon. Ronald S. Lucchesi Ryan A. Strain, Esq. Salvador Winter Sandra Slaughter Sarah L. Pazar, Esq. Sharon Askew Shawn Hayden Shelia Simpson Sherri S. Lemmi, Esq. Stan Sawyer, CPA

Donations made through The United Way may not be reflected here due to unavailability of contribution list.

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Stanton Brown Steven D. Townsdin, Esq. Steven L. Levy, Esq. Steven R. Walker, Esq. Susan M. Bjorklund, Esq. Susan P. Davis, Esq. Tanya C. Holmes, Esq. Taylor B. Davidson, Esq. Teresa D. Jones, Esq. Thomas Woodley Tina L. Jansen Tonnie Gordon Victoria Johnosn W. Hickman Ewing Jr., Esq. W.J. Michael (Esq.) & Suzanna Cody - In Honor of Eugene Shapiro Esq.

W. Ray Glasgow, Esq. Warren P. Campbell, Esq. Wendy G. Smith, Esq. William R. & Beth W. Bradley, Esq. Lisa Lichterman, Esq. - In Honor of Harrison D. McIver, III, Esq.

GRAY KNIGHTS Senior Attorneys

Alan L. Kosten, Esq. Albert C. Harvey, Esq. Alexander W. Wellford, Esq. Allen S. Blair, Esq. Allen T. Malone, Esq. Arleen L. Siegel, Esq. Barbara B. Lapides, Esq. Barbara R. Loevy, Esq. Ben G. Sissman, Esq. Blanchard E. Tual, Esq. Boyd L. Rhodes, Esq. Bruce M. Smith, Esq. Rep. C. Craig Fitzhugh, Esq. Cary C. Woods, Esq. Charles F. Newman, Esq. Prof. Christina Zawisza Clifford D. Pierce, Esq. Clyde D. Kelso, III, Esq. Colby S. Morgan, Jr., Esq. David F. Leake, Esq. David J. Cocke, Esq. David J. Harris, Esq. Devon L. Gosnell, Esq. Donald E. Bourland, Esq. Hon. Donn A. Southern Donna K. Fisher, Esq. Edward R. Young, Esq. Euguene Gaerig, Esq. Eugene A. Lorenzi, Esq. George S. Sullivan, Esq. Glen G. Reid, Esq. Hayden D. Lait, Esq. Henry C. Shelton, III, Esq. Henry L. Klein, Esq. Henry P. Doggrell, Esq. J. Michael Murphy, Esq. James B. Jalenak, Esq. James C. Warner, Esq. James E. Bingham, Esq. Jef Feibelman, Esq. Jerry E. Mitchell, Esq. Joe M. Duncan, Esq. Joel H. Porter, Esq. John E. Kruger, Esq. John L. Ryder, Esq. Hon. John R. McCarroll Jr. John W. McQuiston, Esq. Joseph L. Smith, Esq. Karl A. Schledwitz, Esq. Katharine W. Kores, Esq. Lenard P. Hackel, Esq. Lloyd C. Kirkland Jr., Esq. Lynn Buhler, Esq. Martin A. Grusin, Esq. Mary L. Aronov, Esq. Michael B. Neal, Esq. Michael E. Goldstein, Esq. Michael I. Less, Esq. Michael K. Chapman, Esq. Reva M. Kriegel, Esq. Richard H. Allen, Jr., Esq. Richard M. Carter, Esq. Robert C. Liddon, Esq. Robert E. Royal, Esq. Robert P. Blumenthal, Esq. Ronald L. Coleman, Esq. Royalyn Keathley, Esq. Ruby R. Wharton, Esq. Steven R. Walker, Esq. Susan M. Callison, Esq. Thad S. Rodda Jr., Esq. Tillman C. Carroll, Esq. W. King Self, Jr., Esq. W. Rowlett Scott, Esq. William W. Dunlap, Esq. W.J. Michael Cody, Esq.

TENNESSEE CHAPTER Memphis Area Members recognized for Excellence in the field of Mediation or Arbitration

Allen BLAIR (901) 581-4100

George BROWN (901) 523-2930

John CANNON (901) 328-8227

Frank CANTRELL (901) 328-8269

Michael CODY (901) 524-5124

Fred COLLINS (731) 686-8355

David COOK (901) 525-8776

Trey JORDAN (901) 526-0606

Hayden LAIT (901) 527-1301

Jim LOCKARD (901) 523-2930

Minton MAYER (901) 312-1640

Jerry POTTER (901) 525-8776

Jocelyn WURZBURG (901) 684-1332

Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org www.TennesseeMediators.org isis free, free, funded funded by by members members

Baker Donelson announced the arrival of KAY ANDERSON, W. BRADLEY GILMER and HUGH FRANCIS to the Firm's Memphis office.

Ms. Anderson joined Baker Donelson as of counsel and has experience successfully representing physicians, nurses, nurse practitioners and CRNAs in medical malpractice defense litigation. She has also successfully defended state licensure investigations of physicians and nurses, as well as product liability cases and contract disputes with health care providers.

Ms. Anderson is a member of the Tennessee, Mississippi and Memphis Bar Associations, as well as the Memphis Bar Foundation and the Defense Research Institute.

Mr. Gilmer, also of counsel, represents physicians, nurses and other health care providers in professional negligence lawsuits in federal and state court. He has also represented clients in automobile, railroad, premises liability and business litigation, and has served as lead counsel and co-counsel in multiple jury and non-jury trials. He is a member of the Memphis and Tennessee Bar Associations.

Mr. Francis joined as a staff attorney, representing hospitals, physicians, nurses and other health care providers in professional negligence lawsuits in federal and state court.

A 2013 graduate of the University of Memphis Cecil C. Humphreys School of Law, Mr. Francis is a member of the Memphis and Tennessee Bar Associations.

JULIA KAVANAGH was elected as a shareholder. She is a member of Baker Donelson's Health Care Litigation Group and regularly represents hospitals, physicians, nurses and other health care providers in professional negligence lawsuits 38

in federal and state court. She also has significant experience defending manufacturers and retailers in products liability matters. A graduate of the University of Memphis Cecil C. Humphreys Law School, Ms. Kavanagh has been named a "Rising Star" by Mid-South Super Lawyers since 2013 and recently served on the board of the Young Lawyers Division of the Memphis Bar Association. Ms. Kavanagh also served as coordinator for the Shelby County Division of the Mock Trial Competition and has been an active member of the Firm's Memphis recruiting committee and the Privacy and Security committee.

JONATHAN LOUIS MAY has joined Nahon, Saharovich & Trotz, where he focuses his practice in civil litigation. Mr. May has extensive experience handling car and truck accidents, workers’ compensation claims, premises liability claims, medical malpractice actions and insurance denials and/or bad faith actions. Mr. May has litigated matters in state and federal courts throughout Tennessee, as well as arguing cases before the Tennessee Court of Appeals.

MATTHEW S. MULQUEEN, was elected as a shareholder.

He is a member of the Baker Donelson's Financial Services Litigation Group, represents financial institutions, health care providers, businesses, public entities and individuals in various matters involving contract disputes, commercial torts, employment disputes, securities claims, antitrust actions, fraud actions and lender liability issues. He focuses his practice on complex financial and business litigation, including class actions, derivative actions and appellate work. A summa cum laude graduate of St. John's University School of Law, Mr. Mulqueen maintains an active pro bono practice and

has handled a number of immigration matters, including representing refugee children seeking protected status and permanent residence through the Special Immigrant Juvenile process. He also serves on the board of the Community Legal Center and was the 2016 recipient of Baker Donelson's Memphis office Pro Bono Award for his service.

BUCKNER WELLFORD, a shareholder in Baker Donelson's Memphis office, has been named chair of the Firm's Advocacy Department. This role was previously held 1

by Gregory Fletcher, who will return to full-time practice after his more than 15 years of leadership.

SHEA SISK WELLFORD, a shareholder and director with the Memphis-based law firm Martin, Tate, Morrow & Marston, P.C., has become a fellow of the American College of Trial Lawyers, Wellford has acted as counsel on behalf of large and small business and individuals in cases involving business disputes, construction issues, breach of contract, business torts, franchise disputes and trade secrets, among other things. t

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1. Kay Anderson 2. W. Bradley Gilmer 3. Hugh Francis

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4. Julia Kavanagh 5. Jonathan Louis May 6. Matthew S. Mulqueen

7. Buckner Wellford 8. Shea Sisk Wellford

SUBMIT YOUR NEWS AND UPDATES ONLINE AT: WWW.MEMPHISBAR.ORG/BLOG/SUBMIT-CONTENT

If you are an MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices are limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to knewsom@memphisbar.org.

39

BENCH BAR New Orleans

July 20th-23rd, 2017 · 10 CLE Hours · Hilton Riverside

Thursday, July 20 4:00-5:00 pm Registration Opens 5:30-7:00 pm Welcome Reception Sponsored by Baker Donelson Bearman Caldwell & Berkowitz, P.C. Location: Baker Donelson's New Orleans Office, 201 St. Charles Ave., #3600

Friday, July 21 7:45 am Registration Continues 8:00-9:00 am Continental Breakfast 9:00-10:30 am A New Era of Immigration Law

Speakers: U.S. District Court; Judge Rebecca L. Holt, Memphis Immigration Court, Judge Charles E. Pazar, Memphis Immigration Court, Magistrate Judge Tu M. Pham & Greg Siskind, Siskind Susser, P.C.

10:30-10:45 am Networking/Sponsor Break 10:45-11:45 am Concurrent Sessions It is what you say AND how you say it: The Do's and Don't's of Federal Practice

Speakers: Chief Judge S. Thomas Anderson, U.S. District Court; Judge Sheryl H. Lipman, U.S. District Court & Magistrate Judge Tu M. Pham, U.S. District Court

Employment Law in the Age of Trump

Speakers: Lisa Krupicka, Burch Porter & Johnson, PLLC & David M. Rudolph, Bourland Heflin Alvarez Minor & Matthews, PLC

Exploring Orders of Protection in Shelby County, TN

Speakers: Judicial Commissioners Rhonda W. Harris & Shayla N. Purifoy

11:45-12:00 pm Networking/Sponsor Break 12:00-1:15 pm Concurrent Sessions From Suspicion to Certainty, Digital Forensics for Everyday Cases Speaker: Ted Scott, Verity Digital Forensics

Dealing with Student Loan Debts: A Brief Overview Speaker: Bruce Ralston

Chancery Court Practice Best Practices for Practitioners

Speakers: Chancellor Walter L. Evans, Chancellor JoeDae L. Jenkins, Chancellor Jim Kyle & Clerk & Master Donna L. Russell

5:00-6:15 pm YLD CLE Community Involvement for Lawyers: How to Get Involved, Stay Engaged & Make a Difference Sponsored by University of Memphis Law School and Law Alumni Association Speakers: Amber Floyd, Wyatt Tarrant & Combs, LLP & Lauran Glassman Stimac, Glassman Wyatt Tuttle & Cox, PC

7:00 pm Judicial Dine-Arounds

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Saturday, July 22 8:00-9:00 am Continental Breakfast 9:00-10:00 am Concurrent Sessions New Child Support Laws and a Review of Uniform Interstate Family Support Act Speaker: Magistrate Sheldon McCall, Juvenile Court

General Sessions Court: From Automobile Accidents to Zumba Class Injuries, and Everything in Between Speakers: Judge Phyllis B. Gardner, General Sessions Court, Div. 2 & Judge Deborah M. Henderson, General Sessions Court, Div. 4

Criminal Law Update

Speakers: Jennifer Nichols, District Attorney General's Office & Judge W. Mark Ward, Criminal Court, Div. IX

Personal Injury Damages: Issues and Tactics Part 1

Speakers: William E. Cochran, Black McLaren Jones Ryland & Griffee & Lewis Lyons, Glassman Wyatt Tuttle & Cox

10:00-10:15 am Networking/Sponsor Break 10:15-11:15 am Concurrent Sessions Ten Rules for a Successful Mediation

Speakers: Allen S. Blair, Blair Mediation, Judge George H. Brown, Jr., Circuit Court (ret.), Lara E. Butler, Butler Sevier Hinsley & Reid & Justice Janice M. Holder, Tennessee Supreme Court (ret.)

Trending Topics in Probate

Speakers: Jennifer Sneed, Kiesewetter Law Firm & Judge Karen D. Webster, Probate Court, Div. II

Lawyer's Guide to Collateral Consequences of Coming to Club 201 Speakers: Joseph S. Ozment & Ruchee Patel

Personal Injury Damages: Issues and Tactics Part 2

Speakers: William E. Cochran, Black McLaren Jones Ryland & Griffee & Lewis Lyons, Glassman Wyatt Tuttle & Cox

11:15-11:30 am Networking/Sponsor Break 11:30- 12:15 pm Presenting Your Case Ethically and Effectively Before the Appellate Court

Speakers: Judge Timothy L. Easter, Court of Criminal Appeals, Middle Section, Judge J. Steven Stafford, Tennessee Court of Appeals & Judge John Everett Williams, Court of Criminal Appeals, Western Section

12:15-1:00 pm Presenting Your Case Ethically and Effectively before the Tennessee Supreme Court Speakers: Chief Justice Jeffrey S. Bivins & Justice Holly M. Kirby, Tennessee Supreme Court

4:30-6:30 pm Second Line & Happy Hour at The Rusty Nail!

Meet in the lobby at 4:15 to join in a New Orleans tradition as a brass band leads us to the Happy Hour at The Rusty Nail! Second Line sponsored by Ogletree Deakins

Sunday, July 23

9:30-11:00 am Brunch & Seersucker and Civility: How a Lawyer Should Dress and Behave Speaker: William H. Haltom, Jr., Lewis Thomason

Registration is Open

Thanks to the Conference Sponsors:

10 CLE Hours • 30+ Judges Attending Happy Hours & Sunday Brunch Located in the popular Warehouse & Arts District • Rooms start at $139/night until 6/20 Register at: memphisbar.org

Baker Donelson Bearman Caldwell & Berkowitz BankTennessee • Counsel On Call The Marston Group • Morgan & Morgan Ogletree Deakins • University of Memphis Law School & Law Alumni Association 41

CLASSIFIED adver tisements

Job Opportunity Farris Bobango PLC – Memphis based firm expanding Memphis office. Seeking attorneys with 2

to 6+ years with business, transactional and/or commercial finance experience. MBA/CPA/LLM Tax background helpful. Competitive compensation and benefits based on experience. Interested qualified attorneys submit a resume to jsperry@farris-law.com with references. All submissions will be kept confidential.

Law Firm seeks attorney licensed in Mississippi and preferably Tennessee, to assist in creditor’s rights and commercial collection practice. Some experience preferred.

Position includes negotiations, drafting pleadings, motions, and trials in General Sessions, Circuit and Bankruptcy Courts. Please submit a cover letter and resume to sstroud@ lawmemphis.com.

Office Space Downtown Law Offices- Executive Office Center at Peabody Place.

119 S. Main Street, Suite 500, Memphis, TN 38103. Our lease terms are flexible allowing you to rent by the hour, day, month or year. All the services that you need are available

including: administrative/secretarial service, T1 highspeed Internet access, notary, telephone service, furniture, information technology services/consulting and conference rooms. The executive suite concept allows you to do business in a cooperative environment without having fixed monthly overhead, by eliminating the distractions and timeconsuming business decisions such as office administration and equipment leases. If you want to create a professional appearance for your business, but you aren’t ready to lease an office, take a look at our business identity packages. For as little as $150 per month you can have the appearance of a professional office. Contact Beverly Johnson, 901.312.5500, beverly@executiveofficecenter.com.

Law Office For Sale - 659 Freeman Street. Commercial Building I: 3,000 sq. ft. It has 5 offices, lobby/reception area, 2 secretarial areas, library/conference room. There is a new A/C unit and roof 3 years old. Commercial Building II: 1,000 sq. ft. It has reception area, 2 offices, full bath and kitchenette. Property has 8 parking spaces. Seller will consider up to 15 years financing with 20% down @ 4%. Approximate monthly note: Principal and Interest $1,923.00. For more information contact Michael A. Hansom, Hansom & Sons.

Phone 901-336-0277 or email to mhansom@thansom.com.

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Consultations.

Competency, criminal responsibility, personal injury, and child custody. Attorney consultations and expert witness services. F.A. Steinberg, Ph.D., FACFP, 532 Monteigne Blvd., Memphis, TN 38103. Board certified fellow in forensic psychology. 901.572.3737.

Glenda Moore, TN, Certified Legal Nurse Consultant. Over 30 years of nursings experience in

critical care and med-surgical nursing. The most costeffective Medical Expertise available on your side. Call for a FREE initial consultation. www.glendamooreclnc.com 901.626.9490.

SERVICE l QUALITY l COMMITMENT At IPSCO, SERVICE always comes first . . . you deserve it . . . and we will provide it.

QUALITY is important to us. We represent many excellent insurance carriers, all with an emphasis on financial strength, longevity, credibility and value. We have provided innovative insurance products to Tennessee attorneys for over 60 years and have been the exclusive insurance plan administrator for the Memphis Bar Association since 2006.

We have a proven track record of our ability to serve, the quality of our products and our COMMITMENT to MBA members. We know things are tough out there and we’re here to help. Give us a chance to show YOU our commitment — give us a call today.

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Attorneys/Law Clerks Looking for a law clerk or an associate attorney?

The University of Memphis School of Law has great students and graduates, and we can help you with your employment career needs. Contact Career Services Office with your job listing or to schedule an on-campus interview. 901.678.3217.

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31 Listed Family & General Civil Mediator, Specially Trained in Domestic Violence Issues. Fees charged on sliding fee scale based on party’s income. Accepts Rule 38 Cases (low income / indigent parties). Mediations held in locations convenient to parties and attorneys. Travel throughout West TN. www.

ResolveItWithMediation.com, 901.485.5248.

Let us tailor a specialized account to fit you and your law firm’s needs.

IOLTA • GUARDIANSHIP • ESTATE • PERSONAL & BUSINESS CHECKING REMOTE CAPTURE • TREASURY MANAGEMENT

CONSUMER & COMMERCIAL LOANS • MORTGAGES

The Bank for the Legal Community PROUD PARTNER OF THE MEMPHIS BAR ASSOCIATION SINCE 2006

Megan Goodman teller Barbara Robbins sr. vp, branch manager Will Norris assistant branch manager Ron Schneiter commercial loan officer Angelia Brown customer service

30 North Second at Court Square

901.316.2186

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We also have offices in East Memphis, Germantown, Collierville, Munford & Ripley.

MEMBER FDIC

The Magazine of the Memphis Bar Association 145 Court Avenue #300 Memphis, TN 38103 www.memphisbar.org

2017

BENCH BAR New Orleans

July 20-23, 2017 | Hilton Riverside Reserve your room and learn more at memphisbar.org