Nashville Bar Journal | August 2014 by Nashville Bar Association

Nashville Bar Journal

August 2014 - VOL 14, NO. 7

eDiscovery Can and Must Be Affordable Marc Jenkins

Music without Borders

Stephanie R. Taylor with the assistance of Katie Garro McCain

Marriage Equality and the Argument for Heightened Scrutiny Thomas H. Castelli

DISCOVER THE MEMBERSHIP ADVANTAGE. 401(k)s BUILT EXCLUSIVELY FOR LAW FIRMS.

17th Annual FREE Member Picnic Event

The 17th Annual Nashville Bar Association Member Picnic will be held on September 25, 2014 at Walk of Fame Park! This event is FREE for all NBA Members

The ABA RETIREMENT fuNDS PROGRAM (“the Program”) was created as an American Bar Association member benefit in 1963. The size and strength of the Program’s membership means you have access to a comprehensive and affordable retirement plan no matter the size of your firm. Call an ABA Retirement Funds Program Regional Representative today at (866) 812-1510. www.abaretirement.com joinus@abaretirement.com The Program is available through the Nashville Bar Association as a member benefit. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, and is not a recommendation of any security. Securities offered through ING Financial Advisers, LLC (Member SIPC). The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated companies and are not responsible for one another’s products and services.

CN0311-8583-0415

y BBQ y Open Bars y Music y Socializing The event begins at 5:30 pm with dinner served at 7:00 pm. The Walk of Fame Park is located centrally downtown between the Country Music Walk of Fame, Downtown Hilton Hotel and the Schermerhorn Symphony Center.

We look forward to seeing you all there! Please RSVP Using the form on page 20 or RSVP Online at www.nashvillebar.org

A Monthly Publication of the Nashville Bar Association

Articles

Departments

eDiscovery Can and Must Be Affordable Marc Jenkins

Music without Borders

Stephanie R. Taylor with the assistance of Katie Garro McCain

10 Marriage Equality and the Argument for ............ Heightened Scrutiny Thomas H. Castelli

Communique • Carbolic Smoke Ball • Brews for Backpacks • NBA Picinc • Tune Award • Docket Change - General Sessions • Upcoming Events

CONTINUING LEGAL EDUCATION

20 2014 NBA PICNIC REGISTRATION

CENTER SECTION

Columns

From the President

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Gadget of the Month

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting

Golden Oldie Identify the individuals in the photo. Be the first to email the correct answer to nikki. gray@nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

NBA Calendar of Events AUGUST 11 - 11:30 AM LAW Committee Meeting

AUGUST 20 - 12 PM Memorial Committe Meeting

AUGUST 28 - 4:30 PM Happy Hour at Frost Brown Todd

AUGUST 12 - 12 PM NALS Meeting

AUGUST 21 - 12 PM Government Lawyers Committe Meeting

SEPTEMBER 25 - 5:30 PM NBA Free Member Picnic @Hall of Fame Park

AUGUST 21 - 3:30 PM Finance Committe Meeting

OCTOBER 17 Tennessee Supreme Court Historical Society Cocktail Reception @ The Cordelle (45 Lindsley Avenue, Nashville, TN)

AUGUST 14 - 2:30 PM CLE: Preparing to Win at Trial AUGUST 18 - 11:30 AM Probate Committe Meeting AUGUST 19 - 12 PM Ethics Committe Meeting

AUGUST 21 - 4:30 PM Executive Committe Meeting AUGUST 28 - 12 PM NBF Trustees

Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org

' A Monthly Publication of the Nashville Bar Association

Charles K. Grant, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor eleanorwetzel@jis.nashville.org

From the President On the Unpopularity of Lawyers by:

Charles K. Grant

Journal Staff:

Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Kathleen Pohlid Tim Ishii Tracy Kane Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy. POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork. All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

Nashville Bar Journal - August 2014

I attended a rally in Clarksville recently to urge support for the retention of Tennessee Supreme Court Justices Connie Clark and Sharon Lee, and Chief Justice Gary Wade. I talked to one of the lawyers present about the need to lead on this issue and to educate the public on retention. The lawyer remarked, "But Charles, lawyers are so unpopular with the general public. Nobody wants to hear from lawyers." I agreed with him that lawyers' favorability ratings are quite low--around 25% according to some polling on the subject. However, I countered that, from my experience, the general public tends to regard lawyers as they do Congress. While they might have low regard for Congress as a whole, they tend to like their own representative. Likewise, people tend to like and respect their own lawyers and those personally known, just as they tend to like their neighbors, the members of their houses of worship, or the members of their civic or social clubs. I had to wonder when lawyers became so unpopular. At the time I was accepted to law school in 1987, I was unaware of the popular disdain for my chosen profession. During my senior year at The Citadel, I recall one of my professors proudly exclaiming to another that "Mr. Grant has been accepted to Washington and Lee Law School!" The second professor replied, "Great. Just what we need—another damn lawyer," which not only surprised, but disappointed me a bit Some will contend that the low regard for lawyers has always existed. They point to one of Shakespeare’s famous lines, "… let's kill all the lawyers." This quote is found on tee shirts and bumper stickers. Many are not aware that this line actually was stated by Dick the Butcher, a follower of the rebel Jack Cade. He thought that, if he disturbed law and order, he could become king. Shakespeare meant the line and the reasoning behind it as a compliment to attorneys and judges who instill and uphold justice. For some, the low opinion of lawyers in modern American society can be attributed to the 1972 Watergate break-in and ensuing cover-up. In a 1998 law review article tracing attitudes toward lawyers, Marc Galanter, now a Professor of Law Emeritus at the University of Wisconsin Law School, noted that public regard for lawyers was at an all-time high in the 1960s, when lawyers were viewed as fighting for justice and civil rights in real life and in the movies.1 According to Galanter, the large number of "discredited lawyers who figured so prominently among the Watergate villains" accelerated the decline in the public's opinion of the profession. As former White House Counsel John Dean remarked during his Watergate testimony, "How in God's name could so many lawyers get involved in something like this?" Dean counts himself among those "who screwed things up." The 21 lawyers he considered involved in Watergate wrongdoing included President Richard Nixon, White House Domestic Affairs Advisor John Erlichman, Attorney General John Mitchell, Nixon lawyer Herbert Kalmbach, White House Special Counsel Charles Colson, and Egil "Bud" Krogh, who headed the "Plumbers" unit involved in the break-in.2 Of course, it should be noted that lawyers were involved in the prosecution, including Howard H. Baker Jr., the

2014 NBA BOARD OF DIRECTORS

recently-deceased and highly-esteemed Republican senator from Tennessee who served as Vice Chairman of the Senate Watergate Committee. During the proceedings, Sen. Baker captured the essence of the committee's inquiry with a succinct question that became a Washington mantra: "What did the president know, and when did he know it?" Another late and highly-esteemed Tennessee lawyer, James F. Neal, was recruited by special prosecutor Archibald Cox to investigate the Watergate scandal. Mr. Neal negotiated a guilty plea from John Dean and then represented the prosecution in a criminal trial where former Attorney General John Mitchell and Presidential aides John D. Ehrlichman and H.R. Haldeman were convicted of conspiracy, perjury, and obstruction of justice. In the end, all of the lawyers involved in the Watergate scandal were criminally prosecuted, with the exception of President Nixon, who resigned prior to impeachment proceedings and ultimately was pardoned by President Gerald Ford. It is unfortunate to note that the public's low opinion of lawyers post-Watergate appears to stem from its disdain for the lawyers who took part rather than the lawyers who investigated the scandal and prosecuted those involved. Our image problem would appear to stem, in part, from well-publicized bad actions on the part of lawyers. How can we work to repair our image and show the public all the good most lawyers do? Over the years, various bar associations have devised talking points and slogans. I especially like the official slogan at the 1996 ABA national convention: "Freedom, Justice, Liberty—Without Lawyers, They're Just Words." However, we need more than slogans to impact public perception of lawyers. I welcome your comments on ways to enhance our public profile, and I look forward to hearing from you. You may contact me at cgrant@bakerdonelson.com n

Charles K. Grant, President Edward D. Lanquist, Jr., President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Thomas J. Sherrard, Immediate Past President Stacey Billingsley Cason, Secretary Nicole James, Treasurer Hon. Joe B. Brown, Assistant Treasurer Gareth Aden, General Counsel Hon. Joe P. Binkley, Jr. Kathryn S. Caudle Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Matt Potempa Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Jocelyn A. Stevenson Overton Thompson, III M. Bernadette Welch

Got an Idea for an NBJ Article? We want to hear about the topics and issues readers think should be covered in the magazine. Send it to nikki.gray@nashvillebar.org

NASHVILLE BAR ASSOCIATION (Endnotes) Mark Curriden, The Lawyers of Watergate: How a `3rd-Rate Burglary' Provoked New Standards for Lawyer Ethics, A.B.A. J. (June 1, 2012).

Joseph A. Slobodzian, Watergate's John Dean still wonders how so many lawyers got involved (Dec. 11, 2011), http://articles.philly.com/2011-12-01/news/30463339_1_watergate-lawyers-watergate-s-johndean-democratic-national-committee-headquarters.

Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system. Our Bar Association is much more than just a collection of services. The power of our membership lies in the power of the people.

https://www.facebook.com /NashvilleBarAssociation

@theNashvilleBar

WE are the Bar. And together, we shape the future of the legal profession. Nashville Bar Journal - August 2014

communiqué NBA Free Member Picnic!

Carbolic Smoke Ball On July 19, 2014, the Nashville Bar Association’s Young Lawyers Division held the 17th Annual Carbolic Smoke Ball. Proceeds from this year’s event benefit two local non-profit organizations: CASA Nashville & Prevent Child Abuse Tennessee. This year’s fundraiser, co-chaired by Lindsay Schenk & Will Hicky, featured live music from the 90s cover band "My So Called Band", heavy hors d’oeuvres, casino gaming, and an open bar. A big thank you to our generous sponsors, hosts, and committee members! 2014 CARBOLIC SMOKE BALL SPONSORS: Platinum Sponsor: Stites & Harbison Gold Sponsors: Waddey & Patterson and Waller

Hope to see you all there!

Silver Sponsors- Burr Forman; Dickinson Wright; Frost Brown Todd; Gullett, Sanford, Robinson & Martin; Neal & Harwell; and Sherrard & Roe Bronze Sponsors: Adams & Reese; Baker Donelson; Bass, Berry & Sims; Bradley Arant Boult Cummings; Constangy, Brooks & Smith; Cornelius & Collins; Hollins Raybin & Weissman; Kay Griffin Enkema & Colbert; Littler Mendelson; and Walker, Tipps & Malone Small Firm Sponsors: Counsel on Call; Kinnard Clayton & Beveridge; and Rogers, Kamm & Shea Corporate Sponsor: First Tennessee

The Annual Nashville Bar Association Free Member Picnic, co-sponsored by Metro Law Department, will be held on September 25, 2014, at Hall of Fame Park. This event is free to all NBA Members! The event begins at 5:30 pm with dinner served at 7 pm. The Hall of Fame Park is located centrally downtown between the Country Music Hall of Fame, Downtown Hilton Hotel and the Schermerhorn Symphony Center.

2014 CARBOLIC SMOKE BALL COMMITTEE: Tracy Alcock, Bahar Azhdari, Colby Block, Sarah Blood, James Bowden, Joshua Chesser, Rachel Clark, Emily Dennis, Nicholas DuPuis, Ashley Farrell, Jessica Jernigan-Johnson, Hunter Kitchens, Hannah Langford, Emily Mack, Casey Miley, Chen Ni, Keaton Osborne, Heather Piper, Jessica Reeves, Mary Katherine Schweihs, George Spanos, and Michael Wennerlund.

NBA Calendar of Events August 28, 2014 Happy Hour hosted by Frost Brown Todd -----------------------------------------------------September 25, 2014 NBA Free Member Picnic @Hall of Fame Park -----------------------------------------------------October 17, 2014 Tennessee Supreme Court Historical Society Cocktail Reception @ The Cordelle (45 Lindsley Avenue, Nashville, TN) -----------------------------------------------------4

Nashville Bar Journal - August 2014

October 20, 2014 Happy Hour hosted by Baker Donelson -----------------------------------------------------November 18, 2014 NBA Swearing-In @ AA Birch Building -----------------------------------------------------November 20, 2014 NBA Fall Memorial Service @ Downtown Presbyterian Church -----------------------------------------------------December 4, 2014 NBA Annual Meeting & Banquet ------------------------------------------------------

TUNE AWARD NOTICE Nominations are being sought for the John C. Tune Public Service Award to be presented at the Annual Meeting & Banquet on December 4, 2014. This award is to be given to the Nashville Bar Association member who has shown the highest degree of dedication not only to his or her work as a lawyer but to the betterment of the community in which he or she lives. The purpose of the award is to recognize members who make outstanding contributions to the greater Nashville area community while distinguishing themselves as practicing attorneys. Because of the nature of the award and the fact that it is to be considered the highest award which can be bestowed upon a member, it was decided that the award did not necessarily have to be given annually, but only when there is someone deserving of this award. If you would like to nominate someone, please provide a detailed letter telling us why you feel the person is deserving. Nominations should be directed to Traci Hollandsworth at 615-242-9272 or traci.hollandsworth@nashvillebar.org.

Changes to General Sessions Court Dockets On September 1, General Sessions (GS) Court will implement a new docketing and case assignment system. Under this system, the 11 GS Courts are organized into 6 “Teams” – A through F – with Team E housing a new dedicated domestic violence (DV) court. Teams E and F will exclusively handle criminal cases (and DV orders of protection), while the other four teams will hear criminal cases and share responsibility for civil, traffic, MTMHI and 1A citation dockets. Non-DV cases will be assigned to a Team by a date of arrest rotation similar to that currently used to assign bound over cases in Criminal Court; additionally, each GS Team will consistently align with one of the six Criminal Court divisions (i.e., Team A’s bound over felony cases will generally flow to Division I Criminal Court). Each GS Team will have a permanent courtroom assignment for its weekly criminal dockets, while the two civil dockets and 1A will be assigned permanent courtroom locations. For those interested in learning more, the GS Judges will be holding an information session for members of the Bar in late August. Anyone who practices in General Sessions Court is encouraged to attend.

-Golden Oldies Brews for Backpacks On July 24, 2014, the Nashville Bar Association’s Young Lawyers Division & Craft Brewed held Brews for Backpacks to benefit foster children via Camelot. They received 109 backpacks, countless school supplies and $270 in donations. Thanks to all who contributed! And a big thanks to Jessica Van Dyke of Parker, Lawrence, Cantrell and Smith; Peter Malanchuk of Constangy, Brooks & Smith, LLP; and Dumaka Shabazz of the Federal Public Defenders Office for chairing the event.

2014 Directory Photography September 1 - September 30

The photography for the 2014 NBA Photo Directory has been set for September 1st - September 30, 2013. Contact Bob Siddens Photography at (615) 419- 0355 or at bob@bobsiddensphoto.com if you have any questions or would like to schedule a session.

James Omer correctly identified the individuals in the July Golden Oldies photo. Pictured are: Woody Sims and Alfred Abbey

Nashville Bar Journal - August 2014

Feature

eDiscovery Can and Must Be Affordable by:

Marc Jenkins

But there is one way in this country in which all men are created equal—there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution gentlemen, is a court. It can be the Supreme Court of the United States or the humblest JP court in the land, or this honourable court which you serve. Our courts have their faults as does any human institution, but in this country our courts are the great levelers, and in our courts all men are created equal. — Atticus Finch Many of you probably share Finch’s beliefs. As lawyers, we have been granted a special responsibility in our society as protectors of the rule of law and the civil justice system. The discovery of information and application of knowledge is at the heart of our system’s search for truth, and fair and economical dispute resolution. The loss of and the failure to search for documentary evidence imperils the search for truth. Justice cannot truly be served if data is not preserved and available. If the average lawyer cannot afford technology to help them search and review evidence, then justice is not served either. Modern litigators have a great challenge to not only find the information needed for our system of justice to work efficiently but also to do so affordably. Our local bar and judiciary are good stewards of the civil justice system especially vis-à-vis other jurisdictions. Our way of practice combined with a local federal bench that manages cases well and focuses on getting litigators to the heart of the matter has resulted in the Middle District of Tennessee being the most productive federal district court in America in 2013.1 As a member of local bar and Nashville native, I take great pride in these findings but I also think there is room for improvement to ensure that we continue to serve the civil justice system in an exemplary fashion. Generally, I believe our community is behind the curve when it comes to knowledge and education about electronic discovery methods, laws, and rules. Part of this is due to our collegial nature; part of it is fear of the unknown or technology; and part of it is definitely due to the costs associated with eDiscovery and the perception it cannot be handled affordably. The good news is despite perceptions to the contrary, it can be. 6

Nashville Bar Journal - August 2014

This article will: (1) provide some background in to the modern digital world which impacts discovery practice and costs and (2) address specific preparation, process and technology tips that will allow every litigator in every case, big or small, to handle eDiscovery in a more economical fashion. I.

Discovery in the Modern World

Any discussion of eDiscovery affordability should begin with Rule 1 of the Rules of Civil Procedure, which states the rules “should be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding.” 2 Our modern world makes it very difficult to meet this goal. Exponential increases in processing power (Moore’s Law3), exponential increases in storage capacity (Kryder’s Law4), the power of networking (Metcalfe’s Law5), and the exponential increase of sensor technologies embedded in devices that can connect to the Internet has fueled a proliferation of data storage and analysis. The amount of data created is unfathomable. In 2013, the world generated four zettabytes of data. A zettabyte is the equivalent to 323 trillion copies of Tolstoy’s War and Peace or every person taking a digital photo every second of every day for over a month. 6 Four zettabytes is the equivalent to all of the stars in the universe times two. Consider further that currently about 10 billion devices are connected to the internet today, but it 30 to 75 billion devices will be connected by the year 2020. 7

This is the universe of potentially discoverable evidence. It is estimated that up to 98% of all information is created electronically and that up to 80% of all documents are never printed.8 Despite the fact that almost all evidence exists electronically, electronic evidence is not discussed in the majority of cases. A 2012 survey by the Federal Judicial Center found that only 40% of the litigators reported discussing the discovery of electronic information as part of a Rule 26(f ) meet and confer. Further, only 60% of this minority reported discussing preservation of electronic evidence obligations.9 The amount of discussion of electronic evidence in state court cases is likely much lower because there is no meet-and-confer requirement. Modern litigators have a great challenge to not only find the information needed for our system of justice to work efficiently but also to do so affordably. II. Preparation The late basketball coach Jim Valvano started every basketball season the same. At the first practice, he brought a pair of scissors and a ladder rather than a basketball. The team performed a “drill” where they would practice cutting down the nets as champions. Thereafter they implemented the appropriate processes and methods to achieve their goal. All good litigators similarly start with the end goal in mind. We envision the outcome, then plan closing arguments and the presentation of evidence and arguments that will lead to a favorable outcome. In order to do so, the litigator must have a handle on the issues of the case early and also have the ability to make adjustments as new information is discovered. You have to give serious thought about the sources of information, both people and data based, that are relevant to the issues of the case, where they reside, how they will be utilized and the cost of preserving, collecting, hosting and reviewing this data taking into consideration the amount in controversy.

This requires a firmer commitment to the discovery process. I think it fair to say that discovery is one of a typical litigator’s least favorite tasks. We would rather be utilizing our written and oral advocacy skills. Litigators also naturally focus on urgent matters that are further along in the litigation process than newly filled cases. However, thinking about the case and discovery needed early will prevent lots of time and effort downstream and potentially costly sidebar litigation about discovery that distracts from the merits and taxes judicial resources unnecessarily. To help litigants prepare for and streamline eDiscovery, the Federal Courts Committee of the Nashville Bar is currently considering amendments to Administrative Order No. 17410 When this administrative order was entered, “Facebook was on campus, Twitter was still a sound, the cloud was still in the sky, 4G was a parking space, applications were what you sent to college, LinkedIn was a prison, and for most people, Skype was a typo.”11 Further, many litigators did not know it existed and many litigants opted-out of it as allowed under the rule. The proposed amendment with checklist is designed to facilitate discussion of discovery issues early in the case and to promote the more efficient handling of cases. I am honored to be a founding member of the Prometheus Project, a local think tank considering issues at the intersection of law and technology that led the drafting exercise. Russell Taber of Riley Warnock ably led the drafting committee. The amendments have been discussed at meetings of the Prometheus Project and the Federal Courts Committee. Much feedback has been given but much more is needed. I encourage all members of the Nashville Bar to participate in this discussion that should lead to the more efficient discovery practice in federal court for all litigants.

III.

Process Improvement

C. Litigation Hold & Information Management A modern, successful litigator needs knowledge not data. We are knowledge workers who persuade. Think of the litigation information retrieval task as a funnel. At the top of the funnel is the noisy data of the modern world and at the bottom is the actual information or knowledge needed to represent your client effectively. Since eDiscovery charges for processing, culling, hosting, and review are priced based on the size of the data, handling eDiscovery more affordably requires less information coming into the top of the funnel and gaining the knowledge at the bottom of it quicker and more efficiently. It is a significant challenge for litigators to provide an affordable service, whether a large or small case. Microsoft Corporation provides an example of the challenge in large, data intensive cases. In the average Microsoft case, approximately 48 million pages are preserved, 650,000 pages reviewed but only 142 pages are actually utilized in the case. 12 In one of my last federal cases in private practice, the litigation involved three small businesses and approximately 750,000 pages of electronic documents from 20 third-party subpoenas. The case settled in the low six figures. Without proper preparation and processes in place, meritorious claims may not be brought and cases may be settled without zealous defense due to the costs of eDiscovery. All litigators should have a litigation hold process in place to meet their obligation to ensure that all relevant information is preserved. Litigators should also use the litigation hold process to manage communications to ensure that discovery is handled in reasonably and to identify the Continued on Page 14 

Nashville Bar Journal - August 2014

Feature

Music without Borders ???

by: by:

Stephanie R. Taylor with the assistance of Katie Garro McCain

I grew up on a small, picturesque farm in rural South Dakota. I loved all types of music, and as an aspiring fiddle player and violinist, I was always looking for musical inspiration. Needless to say, large music tours didn’t typically route through my hometown. As a result, radio was my only means of musical discovery. In recent years, technology has opened doors to musical discovery in a variety of ways. One significant change is that music fans are able to stream live audiovisual performances of concerts from their home computer or mobile device and view those concerts from nearly anywhere in the world. Streaming technology has made it possible for artists and venues to access and connect with music fans throughout the world in an authentic way. This technology is used locally by Music City Roots and has been embraced by brands as prominent as the Metropolitan Opera. These venues are now able to connect with fans at an international level while building their brands. While this technology will never replace the live concert experience, it will undoubtedly connect music fans to artists and venues in a way that was previously not possible. Of course, with the advent of technology comes the challenge of complying with copyright law. This article analyzes the copyright law issues that impact the various individuals and companies whose rights are impacted by streaming technology. Copyright Basics In order to understand the rights impacted by live video streaming of concerts, it is important to begin with an overview of copyright law as it relates to the applicable rightsholders. 1. The Musical Work Copyright In every recording of music, there are two separate and distinct copyrights involved. The first is the “musical work” copyright. While the

U.S. Copyright Act (the “Act”) does not define “musical work,” a musical work is understood to be the musical composition or song, including the words and instrumental components of that song.1 The authors of musical works are the songwriters or composers. In many instances, a musical work author transfers or assigns ownership of the musical work copyright to a third party music publisher. In other instances, songwriters retain ownership of their musical work copyrights and become their own music publisher. 2. The Sound Recording Copyright The second type of copyright is the “sound recording” copyright. Sound recordings are defined in section 101 of The Act as the “work(s) that result from the fixation of a series of musical, spoken, or other sounds.”2 Put more simply, a sound recording is the audio recording of the underlying musical work. The authors of a sound recording are the performers whose performance is recorded.3 However, if the recording artist is signed to a recording agreement, the record label will own the sound recording copyright. In some instances, recording artists may act as their own record label, retaining ownership of their sound recording copyright. 3. The Motion Picture Copyright A third copyright exists when a concert is recorded in video format because the video producers are creating a “motion picture” which is defined in section 101 of The Act as an audiovisual work, “consisting of a series of related images…together with accompanying sounds, Continued on Page 18 

Nashville Bar Journal - August 2014

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Nashville Bar Journal - August 2014

Feature

Marriage Equality and the Argument for Heightened Scrutiny by:

Thomas H. Castelli

The American Civil Liberties Union (ACLU) has long believed that lesbian, gay, bisexual and transgender people, like everyone else, should have the freedom to build the kinds of personal, intimate relationships most meaningful to them without interference. In early June 2013, 13 states and the District of Columbia enjoyed the freedom to marry. With the decision in United States v. Windsor1, the flood gates opened. Since June 26, 2013, six states have joined the ranks of marriage equality states. At least one case has been filed in every other state challenging bans on same-sex marriage or recognition of legal out-of-state marriages. In total, 89 cases have been filed in state and federal courts. Every court that has addressed the issue post Windsor has found the laws unconstitutional. On March 14, 2014, Judge Aleta Trauger of the United States District Court for the Middle District of Tennessee issued a preliminary injunction in Tanco v. Haslam,2 ordering the State of Tennessee to recognize the marriages of three couples during the pendency of their challenge to Tennessee’s constitutional provisions banning marriage recognition. Federal courts in Kentucky3, Michigan4, and Ohio5 have likewise found that the marriage bans and/or anti-recognition provisions of their respective states are unconstitutional. The United States Circuit Court of Appeals for the Sixth Circuit takes up the issue on August 6, 2014, when it hears oral arguments in Tanco and the cases from Kentucky, Michigan, and Ohio. The ACLU of Tennessee, with the national ACLU and ACLU affiliates from Kentucky and Michigan, filed an amicus curiae brief in the Sixth Circuit cases.6 Recently the Tenth Circuit found Utah’s marriage ban unconstitutional under the substantive due process clause, finding that same-sex couples have a fundamental right to marry and, therefore, that the states must satisfy strict scrutiny.7 The Tanco court took a different path and struck down Tennessee’s anti-recognition laws under the 14th Amendment Equal Protection Clause. The court found that the marriage ban failed to satisfy the 10 Nashville Bar Journal - August 2014

rational basis test.8 While we agree with the court, our amicus brief argued that laws that discriminate based on sexual orientation should be subjected to a higher level of scrutiny under an equal protection analysis. The 14th Amendment Equal Protection Clause When a party challenges legislation under the 14th Amendment Equal Protection Clause, the courts apply different levels of scrutiny depending on the type of class at issue.9 When dealing with unequal treatment of a non-suspect class, rational-basis review applies, requiring that the legislation “be rationally related to a legitimate governmental purpose.”10 Many courts considering state marriage laws have struck them down for failing to meet this least burdensome test. On the other end of the spectrum, “[c]lassifications based on race or national origin” are suspect classifications and “are given the most exacting scrutiny.”11 “Between these extremes of rational basis review and strict scrutiny lies a level of intermediate scrutiny, which applies to discriminatory classifications based on sex or illegitimacy.”12 Classifications receiving this intermediate level of scrutiny are quasi-suspect classes that can be sustained only if they are “substantially related to an important governmental objective.”13 Heightened scrutiny is warranted when a classification is likely “to reflect deep-seated prejudice rather than legislative rationality in pursuit of some legitimate objective.”14 The Supreme Court has established a framework to apply when determining whether a classification should be treated as suspect. The factors employed include: 1) whether the class has been historically “subjected to discrimination;”15 2) whether the class has a defining

characteristic that “frequently bears [a] relation to ability to perform or contribute to society;”16 3) whether the class exhibits “obvious, immutable, or distinguishing characteristics that define them as a discrete group;”17 and 4) whether the class is “a minority or politically powerless.”18 Courts primarily look to the first two factors when making the suspect class determination.19 Any reasonable application of these factors inevitably leads to the conclusion that sexual orientation classifications must be recognized as, at least, a quasi-suspect class and heightened scrutiny must apply. Historic Discrimination Historically, lesbian, gay, and bisexual people have been the target of intentional, and often harmful, discrimination because of their sexual orientation. In Tennessee, we have recognized this by including sexual orientation in our hate crime statutes. In addition, individuals have been subjected to differing treatment under the law on the basis of sexual orientation, such as under the now unconstitutional sodomy laws20 or in child custody decisions.21 Ability to Perform or Contribute to Society The second factor is likewise satisfied as sexual orientation also bears no relationship to a person’s ability to contribute to society.22 The Supreme Court has found that certain classification, such as age and mental disability, can have an effect on a person’s ability to contribute to society and, therefore, may be subjected to governmental regulation in certain contexts.23 Sexual orientation, like race or legitimacy, has no such relationship. Immutable or Distinguishing Characteristic The previous two factors alone demand suspect classification. However, sexual

orientation is also an immutable or distinguishing characteristic. There is now broad medical and scientific consensus that sexual orientation is immutable.24 The question is not whether a characteristic is strictly unchangeable but rather whether the characteristic constitutes a core trait that one cannot or should not be required to abandon even if that were possible.25 “No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation.”26 Absence of Political Power While there have been recent successes in securing anti-discrimination legislation and marriage equality in some parts of the nation, those limited successes do not alter the conclusion that lesbians and gay men “are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public.”27 There is still no express federal ban on sexual orientation discrimination in employment or housing, and 29 states have no such protections either.28

Thomas H. Castelli is the legal director of the ACLU of Tennessee. To learn more about ACLU-TN and its work protecting and promoting the guarantees of the Bill of Rights go to www. aclu-tn.org. (Endnotes) 1

United States v. Windsor, 133 S.Ct. 2675 (2013).

Tanco et al v. Haslam, Case No. 3:13–cv–01159, 2014 WL 997525 (M.D. Tenn. Mar. 14, 2014).

Bourke v. Beshear, Civ. No. 3:13-CV-750-H, 2014 WL 556729 (W.D. Ky. Mar. 19, 2014).

DeBoer v. Snyder, 973 F.Supp.2d 757 (E.D. Mich. 2014).

Henry v. Himes, Case No. 1:14–cv–129, 2014 WL 1418395 (S.D. Oh. Apr./ 14, 2014).

ACLU-TN did not file an amicus brief in the Ohio case because ACLU and ACLU-Ohio directly represent one of the parties in the case. ACLU and its affiliates directly represent plaintiffs in Virginal, North Carolina, Pennsylvania, Wisconsin, and Florida.

Kitchens v. Herbert, No. 13–4178, 2014 WL 2868044 (10th Cir. June 25, 2014).

Tanco, 2014 WL 997525, at *6 (“the court need not address at this stage whether sexual orientation discrimination merits a heightened standard of constitutional review”).

Clark v. Jeter, 486 U.S. 456, 461 (1988).

Id.

Plyler v. Doe, 457 U.S. 202, 216 n.14 (1982); see also Grutter v. Bollinger, 539 U.S. 306, 326 (2003). 14

All four factors weigh in favor of applying heightened scrutiny to marriage bans and anti-recognition laws. Recognizing heightened scrutiny for sexual orientation classification is not only an important step in allowing couples to choose to marry those they love but to ensuring equal treatment for all. With the recent Kitchens decision in the Tenth Circuit and the impending hearing in five cases in the Sixth Circuit, one or more of these cases will most likely be heard by the U.S. Supreme Court soon. Ultimately, it is the Supreme Court’s decision for which we, and all supporters of marriage equality, will be waiting.

City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440–41 (1985). 17

Bowen, 483 U.S. at 602

Id.

Windsor v. United States, 699 F.3d 169, 181 (2nd Cir. 2012) (“Immutability and lack of political power are not strictly necessary factors to identify a suspect class.”). 19

Campbell v. Sundquist, 926 S.W.2d 250 (Tenn. Ct. App. 1996); see Lawrence v. Texas, 539 U.S. 558 (2003).

See Barker v. Chandler, No. W2010-01151-COAR3-CV, 2010 WL 2593810, at *5 (Tenn. Ct. App. June 29, 2010)(finding that imposition of paramour clause against mother’s same-sex partner was arbitrary).

See Pedersen v. Office of Pers. Mgmt., 881 F. Supp. 2d 294 (D. Conn. 2012) (“Sexual orientation is not a distinguishing characteristic like mental retardation or age which undeniably impacts an individual’s capacity and ability to contribute to society.”).

The end goal is and has always been equality, whether in marriage, employment, housing or personal dignity. As Judge Jones of the Middle District of Pennsylvania wrote, “We are a better people than what these laws represent, and it is time to discard them into the ash heap of history.”29

Bowen v. Gilliard, 483 U.S. 587, 602 (1987).

See City of Cleburne, 473 U.S. 432, 440–41.

See Perry v. Schwarzenegger, 704 F. Supp. 2d 921, 966 (N.D. Cal. 2010). 24

25 See Hernandez-Montiel v. INS, 225 F.3d 1084, 1093 (9th Cir. 2000). 26

Perry, 704 F. Supp. 2d at 966.

Windsor, 699 F.3d at 185.

See Golinski v. U.S. Office of Pers. Mgmt., 824 F. Supp. 2d 968, 988-89 (N.D. Cal. 2012).

29 Whitewood v. Wolf, No. 1:13–cv–1861, 2014 WL 2058105 (M.D. Pa. May 20, 2014).

Nashville Bar Journal - August 2014

BIL L G A & PH DG ET O IL'S F THE

MONTH

Microsoft Surface Pro 3

By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting Ahh. The collective sigh you hear from our lips is because of the reduced weight in our backpacks as we trudge through the airport en route to yet another Bill & Phil Show presentation. Being the tech geeks that we are, we’re usually not satisfied with just one computing device stowed away in our overstuffed backpacks. Of course our smartphones are ever present, but in addition we almost always pack both a tablet PC device and a more traditional laptop computer. It should come as no surprise that we are certainly not in the “all work and no play” camp. During work hours, the laptop comes out and the billable hours begin to accumulate. During leisure hours, however, whether it’s games, music, books, or just internet browsing, we both prefer using our tablet devices. Well, now the ground has shifted. With the release of its third generation Surface “tablet” device, Microsoft has allowed us to remove both the traditional laptop and the tablet from our bag and replace them with just this one device that is the best of both worlds. Microsoft released the Surface Pro 3 in June 2014, and we quickly picked one up from our local retailer. Yes, we bought the first Surface way back in 2012 (and quickly sold it on eBay). We tried again with the Surface Pro 2, which was much improved, but still was not the killer device that we had hoped. Warily, we forked over a credit card for Microsoft’s third bite at the apple (no pun intended). Upon unboxing our $1,000 i5, 128GB Surface 3, we immediately noticed that Microsoft had indeed raised the bar. The tablet itself is noticeably thinner and lighter than its two predecessors. Impressively, the Surface Pro 3 sports an incredible 12-inch display in that lighter, thinner frame. The only thing that we have really seen to date that compares with the Surface 3 display was the 12.2-inch Galaxy Tab Pro that we first saw at the 2014 CES. We love having the larger display for doing serious work (word processing, spreadsheet editing, litigation document review, etc.) without adding bulk and weight to the device. Aesthetics aside, we continued to be impressed with our new “toy”, er – we mean “tablet”, once we pressed the power button. The Intel i5 processor in our Surface along with 4GB of RAM (a middle-of-the road choice) was plenty speedy for our needs and was just as responsive (or more so) than the laptops we normally pack in our bags. Battery life, a weakness in prior versions of the Surface, is also noticeably improved. Within minutes we had connected to our Microsoft account, downloaded all of the apps that we had already acquired from the Microsoft store, and completed a fresh installation from our Office 365 subscription. In other words, we were ready to rock within minutes of opening the box. The unique kickstand that the Surface has always had as a built-in piece, is more versatile on the Surface 3, giving you more angles at which you can prop the tablet up. Previous Surface versions were really awkward to hold in your lap, which is generally what we do when in “play/tablet” model. The additional angles with the new kickstand, however, make the Surface 3 much more comfortable resting on your lap. When in work mode, however, we really like to use the associated type cover keyboard that very easily attaches to the tablet (via a magnetic connector). This type cover is a separate purchase but is well worth it in our opinion. The keyboard cover for the Surface Pro 3 is much, much improved. The keyboard is not only wider, making it more comfortable to type; but the actual mechanical operation of the keyboard feels more robust. The integrated touchpad also Continued on Page 13 

12 Nashville Bar Journal - August 2014

Continued from page 12

actually works on this model. Of course, what we really like about the Surface (and what has kept us coming back as Microsoft has painfully refined the product) is that it runs Microsoft Windows (the 8.1 variety). This means that whatever software that we run on a desktop back at the office or on a business laptop, can be run from this thin device. We can install a full copy of Microsoft Office from our Office 356 subscription on the Surface as one of our five allowed installation destinations. We can use our fingers (or the included stylus/pen) and the touch display to turn pages on a book, scroll through website, or even take notes in our note-taking app. We can download popular apps from the Microsoft store. We can download the traditional iTunes software from Apple. We can do just about anything…all with one device. Now you know why we’re breathing a sigh of relief as the weight in our backpacks is noticeably lighter. Not coincidentally, the weight in our wallet pocket has been greatly reduced as well. Nevertheless, we’re happy with our purchase.  See you next month, —Bill & Phil

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Nashville Bar Journal - August 2014

eDiscovery Can and Must Be Affordable Continued from page 7

information that needs to be preserved and collected. Handling this process correctly will assist not only with preservation obligations but also with case preparation and controlling eDiscovery costs. By identifying data sources tied to the issues of the case, litigants can have meaningful meet and confers where agreements can be reached that allow both sides to get the information they need to litigate the case. Understanding the information sources allows litigants to gain credibility with the court and opposing counsel and avoid unnecessary issues that can drive up the costs of litigation. Sadly, nearly a third of litigants do not have formal litigation processes in place and another third of litigants use a highly manual process combining email and spreadsheet programs that is hard to manage. Poorly run processes can lead to litigation about discovery and, in rare instances, sanctions13 that can lead to thousands if not tens of thousands in litigation costs. Fortunately, software is available as low as $50 per matter to manage the process. D. ing

Reducing Data During Process-

The costs of eDiscovery can be broken down into three categories: collection, processing, and review; 8% of the costs are incurred at the collection phase, 19% at processing and 73% in review.14 Proactive information management and litigation hold processes can limit collection phase expenditure significantly by targeting collections to the needs of the particular case. Much more significant cost reductions can be achieved by reducing the information funnel. Since eDiscovery is typically priced on a per gigabyte basis, reductions in the amount of data that is processed can not only significantly reduce processing costs but also limit the amount of data that needs to be reviewed further leading to a significant reduction in costs. Data should be reduced through deNISTing, deduplication, filtering, and early case assessment techniques—all of these methods are discussed below. 14 Nashville Bar Journal - August 2014

In 99.99% of cases, relevant information is not going to be contained in electronic system files. For example, Microsoft Office programs such as Word or Excel are normally distributed as hundreds to thousands of files. The proper method for excluding these files is known as DeNISTing. The National Institute for Standards and Technology (NIST) publishes the National Software Reference Library (NSRL). The NSRL is basically the Library of Congress of software files. Its comprehensive listing of files includes all of the files known to be distributed with software packages such as Microsoft Office. DeNISTing eliminates system files. To DeNIST, the digital fingerprint or hash value of the files contained in the NRSL library is run against the collected system files, and the files that match the list are deleted. DeNISTing alone will reduce the volume of information to be examined by 20% in some cases. Other similar filtering techniques can reduce the data significantly leading to substantial cost savings. Data should also be “deduplicated”, or have duplicate files removed. Smart filtering of the data should be applied to remove data that does not fit within the appropriate date range for the litigation, to remove files that are clearly not part of the litigation including emails from news sites such as cnn.com, fantasy football emails from espn.com, and data that pertains to business units not subject to the litigation. Early case assessment and search term analysis techniques should be deployed to further eliminate and identify false positives that are not relevant to the litigation. Importantly, you should not be charged full processing fees for these data reduction techniques, and you should only be charged for the size of compressed data on your client’s system. When data is processed it becomes uncompressed and therefore becomes larger in GB terms; thus, the difference in cost can be significant. Applying these techniques can lead to the reduction of discovery costs in the thousands in small cases and tens of thousands to hundreds of thousands in large cases.

IV. Utilize the Cloud & Modern Technology “Cloud computing” is the popular terminology for systems of networked computers that provide an efficient method for distributing and managing data, networks, and software. Cloud services harness the power of global networks of millions of computers. By renting and using huge amounts of computing power, companies are able to very efficiently scale, develop technology fast at low cost. Individuals and small teams are empowered by the move to cloud computing. In 2000, the cost of a running a basic Internet application was $150,000 per month.15 The same application today run through Amazon, Google, Microsoft or IBM’s cloud is well under $1,000 per month. The cloud is behind the ability of Pinterest to load 60 million plus photos per day onto Amazon Web Services while only employing 300 people and the ability of Snapchat to grow by the millions of users seemingly overnight. The ability to pool tremendous processing power is the fuel behind the innovations thought impossible just a few years ago, such as real-time translation of human language, self-driving cars, and thermostats that learn our behavior. Selling software via the cloud, is commonly called Software as a Service (SaaS). SaaS companies not only harness the power of the cloud to innovate but the SaaS model also allows features to be rolled out more effectively and quickly through Lean Design and Agile Software Development methodologies. SaaS is the way of the future and is a significant break from history, For the first half-century in which computers have been utilized in the workplace, companies have bought their own machines for corporate data centers or installed them into their systems. Over the next six years, almost 90% of new spending on Internet and communications technologies wall be on cloud-based technology, with a total expenditure nearing $5 trillion. Continued on Page 16 

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Nashville Bar Journal - August 2014

eDiscovery Can and Must Be Affordable Continued from page 14

Legal software generally and eDiscovery software specifically has been sold the old enterprise way. Historically, software companies like Oracle or Microsoft sold software in packages, almost always loaded onto computers, along with costly long-term service contracts. These types of enterprise arrangements required substantial up-front investment as well as large annual fees for maintenance and training. eDiscovery companies followed this model. The upfront investment was too much for even many large firms to handle. So, the software companies signed up vendor networks to resell their software. Further, software companies in the eDiscovery space do not typically develop all of their software internally. Rather, they license many if not all parts of the software from other software companies. This results in a bloated supply chain with many middlemen operating that drive up costs and make it unaffordable for the average practitioner. Switching to the cloud can typically reduce costs by 25-50%, and costs can be ten to twenty times lower in certain cases. Importantly, not all “hosted” or cloud solutions are the same. Many of the old enterprise eDiscovery providers now “host” data in the cloud; however, these offerings are typically structurally different and inferior to newer SaaS offerings. These hosted solutions were originally architected for a locally installed system rather than the web and Big Data world in which the modern lawyer operates. They carry a ton of legacy programming that is not suited for handling the level of data our society generates. The result is that these popular litigation support platforms strain under the weight of today’s litigation data loads. Slow search time increases the amount of

16 Nashville Bar Journal - August 2014

time to review documents. When searches take minutes rather than seconds to complete, search is abandoned and important discoveries are missed Internet scale, cloud based technologies allow for faster review and the ability for search to be iterative, modified and refined so that knowledge can be gained more efficiently. Ethical and security fears should not prevent organizations from taking advantage of cloud computing. As lawyers, we should be vigilant in protecting client confidential information. The cloud is not insecure. Even part of the Central Intelligence Agency operates in the cloud inside of Amazon Web Services. Lawyers that utilize smartphones, tablets, web browsers, Dropbox, or Apple’s iCloud are operating in the cloud. The key issue with data security is the how security is managed. Security management is a critical issue when choosing a cloud provider and

lawyers should only use cloud providers that have a full time Chief Information Security Officer. The cloud computing model depends largely on the security function being managed effectively. It is similar to holding money in a bank vault. Cloud providers that take data security seriously have all required privacy and security certifications, can protect your data from physical theft through access control and utilize authentication measures such as biometrics and surveillance cameras. Cloud providers with experienced

InfoSec professionals develop repeatable management processes, infrastructure configurations, and are constantly focused on keeping security up-to-date. Experienced InfoSec professionals on staff are hard to find and expensive for law firms to employ on their own. As such, security management is probably superior in cloud computing companies that employ full time professionals.16 V. Conclusion Nashville is a vibrant and collaborative community that is routinely receiving its deserved and long overdue accolades. By deploying the proper processes and technology, Nashville lawyers can help ensure justice for all in our courtrooms and that our legal community continues to be another impressive Nashville institution.  Marc Jenkins serves as Associate General Counsel & Executive Vice President-Knowledge Strategy for cicayda, a litigation support software and services company based in Nashville. He is also an Adjunct Professor of Law at Vanderbilt University where he teaches courses on Electronic Discovery & Information Governance and Technology in Legal Practice.

Endnotes) 1 Brittany Sims, Middle Tenn. Court Most Productive in America, TBA website (Jan. 17, 2014), http://www. tba.org/news/middle-tenn-court-most-productive-in-america. 2 Fed. R. Civ. P. 1; Tenn. R. Civ. P. 1. 3 See Gordon E. Moore, Cramming More Components onto Integrated Circuits, Electronics. 114 (Apr. 19 1965). This periodical has come to be known as Moore’s Law in the technology industry. The name stems from an extrapolation of a graph that has continued to remain constant. Id. 4 See Chip Walter, Kryder’s Law, Sci. Am. 32 (Aug. 2005). 5 Wikipedia, Metcalfe’s Law (since removed), available at http:/ /www.princeton.edu/~achaney/tmve/ wiki100k/docs/Metcalfe_s_law.html. 6 Mary Meeker and Liang Yu, KPCB Internet Trends (2013), http://www.slideshare.net/kleinerperkins/ kpcb-internet-trends-2013; Daily Infographic, 2016: The Year of the Zettabyte (Mar. 23, 2013), http://dailyinfographic.com/2016-the-year-of-the-zettabyte-infographic. 7 ABI Research, More Than 30 Billion Devices Will Wirelessly Connect to the Internet of Everything in 2020 (May 9, 2013), https://www.abiresearch.com/press/more-than-30-billion-devices-will-wirelessly-conne [hereinafter “ABI Research”]; see also Tony Danova, Morgan Stanley: 75 Billion Devices Will Be Connected to the Internet of Things by 2020 (Oct. 2, 2013), http://www.businessinsider.com/75-billion-devices-willbe-connected-to-the-internet-by-2020-2013-10; Bill Wasik, Welcome to the Programmable World, Wired (May 14, 2013), available at http:/ /‌www.‌wired.‌com/‌gadgetlab/2013/05/internet-of-things (discussing how many, if not all, electronic devices are connected to the internet, giving an individual instant access to a plethora of data and information). 8 Mafé Rajul, E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs 2 Shidler J. L. Com. & Tech. 3 (Aug. 12, 2005). 9 Emery G. Lee, III, Early Stages of Litigation Attorney Survey: Report to the Judicial Conference Advisory Committee on Civil Rules, Federal Judicial Center (Mar. 2012), available at http://www.fjc.gov/public/pdf. nsf/lookup/leeearly.pdf/$file/leeearly.pdf. 10 In Re: Default Standard for Discovery of Electronically Stored Information (“E-Discovery”), Admin. No. 174 (M.D. Tenn. July 9, 2007), available at http://www.tnmd.uscourts.gov/files/AO_174_E-Discovery.pdf. 11 Thomas L. Friedman & Michael Mandelbaum, That Used to Be Us: How America Fell Behind the World it Invented and How It Can Come Back, at 64 (Picador 2012). 12 See Letter from Microsoft Corporation to Honorable David G. Campbell (Aug. 31, 2011), available at http://www.bricker.com/documents/attachments/microsoft.pdf. 13 See Dan Willoughby, Jr., Rose Hunter Jones, & Gregory R. Antine, Sanctions for E-Discovery Violations by the Numbers, 60 Duke l.j. 547, 789 (2010). 14 See Nicholas M. Pace & Laura Zakaras, Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery, at 59 (Rand Institute for Legal Justice 2012), available at http:// www.rand.org/‌content/‌dam/‌rand/‌pubs/‌monographs/‌2012/‌RAND_‌MG1208.pdf. 15 Marc Andreessen, Why Software Is Eating the World, Wall St. J., Aug. 20, 2011, available at http://online.wsj.com/news/articles/SB10001424053111903480904576512250915629460. 16 See Neil MacDonald, Cloud Computing can be More Secure (Mar. 31, 2012), http://blogs.gartner.com/ neil_macdonald/2012/03/31/cloud-computing-can-be-more-secure/.

2015 Board Elections Members of the Nashville Bar Association will be electing six new Directors to serve on the NBA Board for a three-year term commencing January 1, 2015. The NBA Nominating Committee is meeting soon to discuss potential nominees. If you are an active member of the NBA and are interested in being considered for Board service, please contact the Executive Director of the NBA, Gigi Woodruff, at gigi.woodruff@nashvillebar.org or 615.242.9272 to submit your name. All names must be submitted for consideration by August 31, 2014. The Board elections will take place in November, and all members whose 2015 dues are received by the NBA no later than October 31, 2014 will be eligible to vote.

Nashville Bar Journal - August 2014

Music Without Borders Continued from page 8

if any.”4 As a result, the video producers are the authors and owners of the motion picture copyright.5 If any person or entity other than the video producer wishes to own copyright in the audiovisual content (i.e. the venue, artist, or record label), then that person or entity should enter into a written work for hire agreement with the video producer prior to the live stream.6 The party who desires to own the motion picture copyright may also acquire those rights through a written assignment of copyright, but a work for hire agreement is typically the preferred method of ownership. The existence of these three distinct copyrights means that there may be multiple rightsholders whenever a concert is streamed live online. As a result, securing the necessary rights and clearances may be a challenge. The Right to Stream a Musical Work One of the exclusive rights held by a music publisher is the right to publicly perform the musical work. A live stream of a concert is an example of a public performance because it is a transmission of a performance to members of the public capable of receiving that communication.7 Most music publishers have granted the licensing rights for public performances of musical works to ASCAP, BMI, and SESAC, entities known as Performance Rights Organizations or PROs. As a result, the online streaming service must obtain a “new media” license from each of the three PROs in order to secure rights to stream live performances of the musical works online.8 The new media license is in addition to any licenses the venue has already obtained from the PROs for public performances of music at the venue. Typically, when a musical work is used in timed synchronization with video images, the user must obtain an additional license

18 Nashville Bar Journal - August 2014

from music publishers; this license is referred to as a synchronization (“synch”) license.9 Synch licenses can be expensive and time consuming to obtain. This is because synch license fees are not set by statute. Rather, synch fees are negotiated based on a variety of factors making the fees very unpredictable. Additionally, it is possible for a single song to have multiple songwriters and multiple music publishers, resulting in many hours of negotiations. Fortunately, as long as the video of the concert performance is streamed live, no synch licenses will be required. However, content creators and distributors need to be aware that synch licenses will be required if they desire to make videos of the musical performances available to the public after the live stream, whether in archived form, on their website, or for sale or distribution.10 The Right to the Artist’s Musical Performance In addition to clearing the musical work, rights in the musical performance and resulting sound recording must also be cleared. If a recording artist is signed to an exclusive recording agreement, the record label will typically own the exclusive rights to any recording of the artist’s musical performances during the term of such agreement. As a result, any person or entity that wishes to capture the live performance of the artist and stream that performance online must secure permission from the record label. The difficulty in clearing these rights depends on the promotional value the label sees in the live stream as well as the label’s comfort with the quality of such recorded performance. Furthermore, even if a label grants permission for the live video stream, the label may nonetheless insist on ownership of the audiovisual content captured at the concert. This clearance process may be significantly simplified when the artist is not signed to a label because the artist can grant all rights without label approval.

If the musicians performing with the artist are independent contractors as opposed to employees or members of the artist’s group, it will be necessary to obtain a “sideman/side musician” release. Additionally, if the sideman is signed to an exclusive recording agreement, it will be necessary to obtain a release from sideman’s record label. Additional Rights and Clearances In addition to the rights and clearances discussed above, there are several other rights and clearances that one must obtain. 1. Location Release Whenever filming at a venue, one must obtain a venue/location release from the owners and lessors of the applicable venue. This release grants the right to record at that location and distribute the images captured at that location. While filming at the venue, it is also important to be aware that if any copyrighted materials (i.e. posters) or trademarks (i.e. logos) appear in the background, a release from the owners of those copyrights or trademarks may also be required. 2. Name and Likeness Release Recording artists are likely able to claim a right of publicity related to the use of his or her name, photograph, and likeness for commercial purposes. As a result, it is important to include in any artist release the right to use the artist’s name, photograph, likeness, and biographical materials for marketing, promoting and other exploitations related to the concert/live stream. 3. Audience Release Finally, if the audience members will be shown on camera, it is important to make the audience aware that they may be filmed. In most instances it is not possible to obtain a written release from the audience members. Nonetheless, best practices

should include providing audience members notice at the time of ticket purchase, printing that notice on the ticket, and repeating that notice verbally to the audience prior to the taping. Industry Response to Live Streaming As mentioned above, live streaming will never replace the live concert experience. Furthermore, it remains a fairly expensive technology requiring a skilled and experienced audio and audiovisual team to capture and distribute the content. Additionally, some artists and labels remain apprehensive about a live stream of their performances because of concerns that these performances might not highlight the artist in the best possible light. Nonetheless, live streaming of concerts creates an opportunity that might not otherwise be available, including: participation of overflow audiences to sold-out shows, interested fans exploring festivals and concerts in order to decide whether to attend in the future, and, as discussed above, a new and invaluable point of music discovery.

(Endnotes) 1

Marshall Leaffer, Understanding Copyright Law §3.18 (4th ed. 2005).

17 U.S.C.A. § 101 (West 2010).

Authorship rights may also extend to the producer who is involved creatively in capturing those performances.

17 U.S.C.A § 101 (West 2010).

A fourth copyright exists in that there will likely be software licenses and web server licenses that must grant the rights necessary for the live stream. This article will not undertake that analysis, but those licenses will require careful analysis prior to streaming live concerts. That analysis should consider the rights and obligations of those distributing the content as well as the rights of the rightsholders and the individual music fans consuming the content.

Section 101 of the Act sets forth the formalities of creating a copyright that will be categorized as a work made for hire.

17 U.S.C.A. § 101 (West 2010).

BMI issues a license through its Digital Licensing Department, and no longer refers to it as a new media license.

Donald Passman, All You Need to Know About the Music Business 241 (7th ed. 2009).

10 Increasingly, services like YouTube are negotiating blanket synchronization licenses with music publishers, which make the licensing process simpler and more cost effective. However, those licenses are not within the scope of this article.

If I were still living in South Dakota today, my opportunities to engage in music would be vastly different. I would have access to live video footage of concerts from around the world. My point of musical discovery could be the weekly live stream of Music City Roots, or the price of admission to watch the Metropolitan Opera at a movie theatre. This unprecedented access to live performances will enable artists and venues to connect with fans while building their brand in an authentic way while empowering fans to experience live music with fewer economic and geographic barriers.  Stephanie Taylor is a partner with Bone McAllester Norton PLLC where she serves as head of the Entertainment Law Practice Group. Taylor received a Bachelor of Music and J.D. from the University of Nebraska, and a Masters of Business Administration from Belmont University. Prior to joining Bone, Taylor was a tenured professor of music business at MTSU and worked professionally as a concert violinist and country/bluegrass fiddle player. Katie Garro McCain is an associate at Robertson Law Group in Franklin, where she focuses primarily on commercial litigation. McCain received her Bachelor's degree in Recording Industry Management from Middle Tennessee State University and her J.D. from Florida Coastal School of Law. She is a member of the Nashville Bar Association's Entertainment, Sports & Media Committee.

Nashville Bar Journal - August 2014

The 17th Annual Nashville Bar Association Member Picnic will be held on September 25, 2014! This event is FREE for all NBA Members

y BBQ y Open Bars y Music y Socializing

5:30-8:30PM

September 25, 2014

Nashville Bar Association

17th Annual FREE Member Picnic Event

The event begins at 5:30 pm with dinner served at 7:00 pm. The Walk of Fame Park is located centrally downtown between the Country Music Walk of Fame, Downtown Hilton Hotel and the Schermerhorn Symphony Center. EXCLUSIVE SPONSORS:

Let us know that you are coming: RSVP online at: www.nashvillebar.org or fill out registration below:

NBA Member?

 Yes! (Free)

 No ($20)

---------------------------------------------------------------------------------------------------------------------

Name:

Name: _______________________________________________ BPR#

Phone:

Email:_______________________________ BPR#:

Bring Friends! (Just Remember to include $20 for each non-NBA Member) Phone:________________________________ Member?  Yes!  No ($20) Guest 1: Member? Guest 2:

Member?  Yes!  No ($20) Member?

Guest 3:

Member?  Yes!  No ($20) Member?

Fax:__________________________________

Member?  Yes!  No ($20) Member? Fax form to: 615-255-3026 or send with payment to: Nashville Bar Association 150 4th Ave., N., Suite 1050 Nashville, TN 37219 Guest 4:

20 Nashville Bar Journal - August 2014

OFF

END

OON

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OFFER VALID ONLY AT MIDDLE TENNESSEE FINANCIAL CENTERS. *Offer expires August 30, 2014 and is not available for accounts opened online. Annual Percentage Yield (APY) is variable and subject to change after the first 5 months. Not available to institutional investors or for business accounts. Opening deposits cannot be transferred from other First Tennessee accounts. The special rate is available when this ad is presented with your opening deposit of at least $20,000. Customer must also have a new or existing First Tennessee personal checking account, and must maintain a checking account balance of at least $1,000 at all times while the 1.00% savings rate is in effect. Fees may reduce earnings. A $9 monthly fee is waived if you have a qualifying checking account, or if combined balance in First Tennessee accounts is at least $5,000. Cannot be combined with other offers including rate bonus plans. Subject to bank approval. Federal law requires that we convert a savings account to a checking account if you exceed six preauthorized or automatic debits or withdrawals per month, including transactions by check or similar order payable to a third party. ©2014 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

Nashville Bar Journal - August 2014

Disclosure

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News n

Kelly Frey has joined Frost Brown Todd, LLC as a member. He focuses on information technology and intellectual property transactions, including licensing, outsourcing, technology law, and vendor relationship/ management. He also assists with corporate governance matters and helps companies create sustainable, cost effective and defensible internal controls to mitigate compliance risks. Frey is one of less than ten practicing attorneys selected as a Fellow of the World Technology Network – an association of over 1,000 scientists, entrepreneurs, financiers, academics and other professionals from around the globe, chosen for their “innovative and impactful work with the greatest likely long-term significance.” He is also the author of the legal practice guide Frey on Intellectual Property and Technology Transactions and serves as General Counsel to the Ethics and Compliance Officer Association. Frey represents a number of independent film productions, including The Identical (starring Ray Liotta, Seth Green, and Ashley Judd) where he has been credited as Associate Producer.

ment agreements and technology licenses. McNaughton earned his B.S. from Brigham Young University and his J.D. from Washington University Law School in St. Louis.

Kelly Hollowell has joined Stites & Harbison, PLLC. Hollowell is an accomplished patent attorney and scientist who focuses her practice on life sciences and mechanical arts. She guides entrepreneurial, industrial, manufacturing and healthcare clients through the patent process. Hollowell sat on the Joint Subcommittee Studying Stem Cell Research and Medical Ethics for the Virginia General Assembly for three consecutive years. She earned her B.A. from the University of South Florida, her Ph.D., from the University of Miami School of Medicine, and her J.D. from Regent University Law School.

J. Crockett Hailey, III has joined Waddey Patterson as an associate. Hailey, a registered patent attorney, focuses his practice on patent and trademark prosecution and enforcement of intellectual property rights in the areas of patent, trademark, copyright, and trade secret law, primarily in the mechanical and electromechanical arts. Prior to joining Waddey Patterson, he was a patent examiner for the United States Patent and Trademark Office in Alexandria, VA. He received his J.D. at University of Alabama School of Law in 2012. He graduated from Mississippi State University with a B.S. in mechanical engineering in 2009. He is a member of the Alabama Bar Association and the American Bar Association.

Austen Adams joins Dickinson Wright as Of Counsel. He is an entertainment attorney who represents and advises recording artists, songwriters, producers, artist managers, music publishers, technology companies, and other music industry professionals in entertainment transactions. He advises clients on the structuring and negotiating of a wide variety of agreements and issues relating to the digital distribution and licensing of music and entertainment content. Adams serves as an Adjunct Professor at Belmont University’s Mike Curb College of Entertainment and Music Business and was previously the Chair of the Entertainment and Sports Law Section of the Tennessee Bar Association. He received his B.A. from the University of Louisiana at Lafayette and his J.D. from Louisiana State University School of Law.

Dickinson Wright PLLC is pleased to announce that Attorneys Derek Crownover, Austen Adams and Cam Caldwell have joined Dickinson Wright in Nashville to launch the firm’s office on Music Row and lead its expanded Entertainment Law Practice Group. Derek Crownover and a select group of lawyers and staff recently relocated and expanded into offices on Nashville’s historic Music Row. Dickinson Wright will maintain the Music Row

Robert Cameron “Cam” Caldwell joins Dickinson Wright as Of Counsel. He represents and counsels a wide array of clients, ranging from artists and songwriters to consumer product manufacturers and entertainment-related businesses. He has experience in employment law, Fair Labor Standards Act, alternative dispute resolution, and litigation experience in various state and federal courts. Caldwell is licensed to practice in Tennessee,

Justin McNaughton has joined Stites & Harbison, PLLC. McNaughton's patent practice focuses on life sciences and mechanical arts. He works with established companies, entrepreneurs, and startups in the healthcare, hospitality, firearms, health and beauty, manufacturing, and renewable energy industries in developing an intellectual property portfolio appropriate for their industry. He also maintains an active software and technology licensing practice, focusing on technology transfer agreements, product research and develop22 Nashville Bar Journal - August 2014

Timothy L. Capria has joined Waddey Patterson as an associate. Capria’s practice focuses on acquiring intellectual property, patent opinion, and enforcing intellectual property rights, primarily in the life sciences. Previously, Capria clerked for Amazon.com, Inc., in its Intellectual Property Acquisition and Investments group in Seattle, WA. He received his J.D. from Duke University School of Law in 2013, where he completed an externship with Carnegie Mellon University’s technology transfer office. He earned a B.S. in biology from Rochester Institute of Technology, with honors, in 2007. He is a member of the New York State Bar Association, Tennessee Intellectual Property Law Association and the Nashville Bar Association, where he serves on the Alternate Dispute Resolution Committee.

offices complementing the firm’s already existing Nashville location downtown. Derek Crownover joins Dickinson Wright as a Member and Practice Leader of the firm’s Entertainment Law practice. He is personal counsel to various tech, entertainment, media and sports franchise executives and athletes. He represents songwriters, publishers and producers as well as some of the most active entrepreneurs in the entertainment and IP sectors in the South. He assists clients with diverse business matters including LLC funding, real estate acquisition and disposition, asset purchases, recording agreement negotiation, audits, employment counseling, tax matters, and wills and trusts. Crownover counsels mid-sized publishing companies, indie record labels, songwriters and artists who own their copyrights on licensing, lawsuits and liability issues. Crownover received his B.A. from Auburn University and his J.D. from the University Of Tennessee College Of Law

with a particular working knowledge of the Federal Middle District Court of Tennessee. He has served on the Executive Council of the Entertainment and Sports Law Section of the Tennessee Bar Association, as well as the Continuing Legal Education (CLE) Committee. He received his B.A. from Georgia Southern University and his J.D. from Florida Coastal School of Law. Legal Aid Society of Middle Tennessee and the Cumberlands Announces New Executive Committee Officers President – John T. Blankenship 1st Vice President – Robert J. Martineau, Jr. 2nd Vice President – Charles K. Grant, 3rd Vice President – Susan L. Kay Secretary – Turner McCullough, Jr. Treasurer – J. Andrew Goddard Member at Large - Charles H. Warfield Past President - James L. Weatherly, Jr.,

Matt Sweeney of Baker Donelson has been named chair-elect of the Board of Trustees for The National Judicial College (NJC). Mr. Sweeney will serve a one-year term as chair-elect before assuming the role of chair in June 2015. A former Davidson County, Tennessee, Circuit Court Judge, Sweeney is a shareholder in Baker Donelson's Nashville office, where he is a business trial and appellate lawyer, mediator and arbitrator. He has a background in white collar criminal defense and has broad experience in complex class action and shareholder derivative litigation in state and federal courts throughout the United States. His litigation practice is primarily focused in franchising/dealership, securities, fiduciary duty, fraud, consumer protection and municipal employee pension/benefits cases.

Welcome New NBA Members! Samantha Bussey Erin Byrum Robert Cameron Caldwell Dickinson Wright PLLC* Danielle Chien Courtney Crowl Lucas Allen Davidson Hall, Booth, Smith, P.C. Amanda Strickland Floyd Bone McAllester Norton PLLC* Jesse Lee Ford Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Geoffrey Gibbons William Flourney Goodman III Bradley Arant Boult Cummings LLP Michael Griffin Goodman Callahan Blackstone, PLLC*

2014 NBA Premier Members INCLUDE: Elizabeth A. Alexander Gail Vaughn Ashworth Kathryn E. Barnett Charles H. Beaty Thomas Beck Barbara Bennett Charles W. Bone Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos John Ray Clemmons Dixie W. Cooper Patricia J. Cottrell John A. Day John Franklin Floyd Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Trey Harwell Paul T. Housch R. Jan Jennings Chris Johnson John D. Kitch William C. Koch Jr. Edward Dodson Lanquist Jr. Thomas W. Lawless

Claudia Vettel Levy Richard Wesley Littlehale Randal S. Mashburn Amanda J. McClendon Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Dean Newton Elliott Ozment Gregory J. Pease Tracy A. Powell Benjamin M. Rose Edgar M. Rothschild III Maria M. Salas Quindal Segall Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon Michael G. Stewart James Gerard Stranch IV Hon. Aleta Arthur Trauger Irwin Bruce Venick Howard H. Vogel Michael J. Wall James L. Weatherly Jr. Peter Weiss Thomas V. White Larry R. Williams Nicholas S. Zeppos

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services. Contact Vicki Shoulders (615.242.9272, vicki.shoulders@nashvillebar.org) for details.

J. Gregory Grisham Leitner, Williams, Dooley & Napolitan, PLLC* Sheryl Guinn Law Office of Sheryl Guinn Chris Johnson Stella Kamm Ryan Loofbourrow Carly Marie MacMillan Jonathan Phillips Belmont University Emily Quinlan Rubenfeld Law Office, PC Kristy Ritter Laylah Smith Law Office of Laylah Smith Lauren Spahn Shackelford, Zumwalt & Hayes, LLP* Dannelle Walker TN State Board of Education * Belongs to a 100% Club firm

Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

Nashville Bar Journal - August 2014

Classifieds

Office Space For Sale or Lease Historic Office Bldg. For Sale or Lease: .8 Acres, corner lot with traffic light. 3400 sq. ft. 12 minutes from Courthouse, ample parking and ample on-site storage. Quick access to Opryland, Airport, hospital, and all interstates. 1215 Gallatin Rd. S. Contact Steve North, 615-860-7644; stevenorth@comcast.net 2 Blocks from courthouse Class A office space for rent in trendy residential area 2 blocks from courthouse. Three attorney offices. Traditional style with hardwood floors throughout, wide molding, exotic granite countertops & elegant alabaster sconce lights. Includes lobby, conference room, work room, two large secretarial stations, kitchinette and telephone system. Free parking. Covered parking available. Contact Carl Neuhoff, HND Realty LLC. 297-7711 / 390-6186 / c.neuhoff @hndllc.com Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550. MIDTOWN OFFICE Established Nashville law firm in convenient location offering sublease for one interior office, use of two conference rooms, kitchen, reception area and copier, one reserved parking space, free client parking, janitorial services, phone, and Internet. $1,250/month with receptionist services or $1,000/month without. Contact info@visionmanagement.CO.

Vacation Rentals Golf Getaway: The Cottages at Olde Stone Bowling Green, Kentucky Arthur Hills Signature Course 3 BR – 3 ½ baths – Full kitchen – Grill Screened porch on 9th Fairway Dining – Tennis – Resort Pool/ Hot Tub – Fitness Center Contact Amy Gilmet: (502)357-1901

Expert Witness Legal Nurse Consulting Handling cases with medically related aspects? Best Practice Legal Nurse Consulting can help you with superior case preparation. Best Practice can screen cases for merit, find expert witnesses, write summaries and chronologies of medical records, along with other services. Contact Lisa at 615-481-5047 or visit bplnc.com for more information.

Would You Put That In Writing? Certified Forensic Document Examiner Handwriting Identification & Analysis Expert Witness – 30 Years of Experience Qualified in Federal, State and Local Courts High Level of Professionalism Strict Rules on Client Confidentiality Delivery Deadline Observed Marty Pearce, CDE, CGA E-mail: martypearce@comcast.net 615-884-0363 or 888-640-1001

THOMAS F. BLOOM, J.D. (Emory 1977) (615) 260-5952; www.bloomappeals.com Retained by attorneys throughout the State for 29 years to draft briefs and/or argue cases in over 400 appeals, State and Federal. Research assistance also available. Quality Guaranteed at reasonable cost. References available upon request.

Visit the NBA's Career Center & Get Started Today: http://jobs.nashvillebar.org/home Employers:

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- Create an anonymous job seeker profile or upload your anonymous resume so - Limit applicants only to those who are qualified employers can find you - Fill your jobs more quickly with great talent

24 Nashville Bar Journal - August 2014

Elder Law Practice of Timothy L. Takacs ..................................................... Back Cover IPSCO .............................. Inside Back Cover First Tennessee Bank ................................. 21 Lexus of Nashville .......................Front Cover NBA Directory Purchase Form.................. 13 NBA Career Center .................................. 24 Thomas F. Bloom, JD ............................... 24 Thomson Reuters ...................................... 17

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Should You Join the NBA LRIS? LRIS Markets & Advertises Your Services When you join the NBA LRIS,

your practice benefits from the LRIS’ marketing and advertising programs. Currently, LRIS reaches potential clients through advertising in the Yellow Pages in various telephone directories throughout the state. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other Bar Associations and the Social Security Administration. Also, our on-line presence attracts clients nationwide. JOIN NOW Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 | wendy.cozby@nashvillebar.org The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.

Advertising: Contact Tina Ashford at (615) 242-9272 or tina.ashford@nashvillebar.org Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word. Available Sections: Expert Witness, For Sale, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, Vacation Rentals and Accounting.

Display Advertising: Full and Half Page color and black & white advertisements. Quarter and Eighth Page black & white advertisements. Please contact Tina Ashford for a display advertising quote.

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Elder Law Practice of Timothy L. Takacs

Elder Law: It’s About More than Just the Money

Elder law is about more than just protecting assets from the high cost of nursing home care. It’s about using those assets to enhance the elder’s quality of life.

When your clients are dealing with the long-term illness or disability of an elderly loved one, point them in the right direction with a referral to Elder Law Practice of Timothy L. Takacs. Our multi-disciplinary practice empowers families to respond to quality of life concerns that asset-focused firms don’t address, such as care coordination, patient advocacy, and insurance issues. For two decades, improving quality of life for elders and the families who love and care for them has been our primary focus. We can help your clients, too.

Middle Tennessee: (615) 824-2571 Toll-Free: (866) 222-3127 Family Website: www.tn-elderlaw.com Professional Education Website: www.elderlaweducation.com

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