Nashville Bar Journal | July 2015

Nashville Bar Journal

JULY 15- VOL 15, NO. 6

What You Don’t Know About International Parental Child Abduction – But Should: Part II Amy J. Savoie

Why Was Jimmy Hoffa in Nashville John C. McLemore

Nashville Sit-Ins: Classroom Visits

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Departments

Articles 6 What You Don’t Know About International Parental Child Abduction – But Should: Part 2 8

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Amy J. Savoie

Why Was Jimmy Hoffa in Nashville John C. McLemore

10 Nashville Sit-Ins: Classroom Visits

CENTER SECTION

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18 Ode to Otha 2015

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Columns 16

Communique • Carbolic Smoke Ball • Arts Immersion • NALS Silent Auction • Golden Oldie • Upcoming Events

CONTINUING LEGAL EDUCATION

15 Sixth Annual “Lawyers for Littles” Event

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From the President

100% CLUB MEMBERS Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Golden Oldie

Gadget of the Month

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

Name these two attorneys who are participating in the World Parachuting Championship as seen here in August 1962 issue of Flying Magazine. 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.

Non-Profit Spotlight: 2-1-1 Marjorie Kaup Haines

NBA Calendar of Events JULY 14 - 11:30 AM LAW Board JULY 15 - 12 PM Memorial Service Committee JULY 16 - 11:30 AM CLE Committee Meeting JULY 16 - 5 PM NBA HAPPY HOUR @ Lewis Thomason JULY 20 - 11:45 AM Probate Committee Meeting

JULY 21 - 11:30 AM Solo & Small Firm Committee Meeting

JULY 24 - 12 PM High School Intern Program - Closing Reception

JULY 21 - 12 PM Ethics Committee Meeting

AUGUST 4 - 3:30 PM NBA Board Meeting

JULY 23 - 12 PM CLE: Health Law

AUGUST 4 - 6-9 PM Dial-A-Lawyer

JULY 23 - 4 PM NBF Leadership Forum Steering Committee

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

Edward D. Lanquist, Jr., Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

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

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 Monica Mackie 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

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Nashville Bar Journal - July 2015

From the President Planning for the Future of the Bar by:

Edward D. Lanquist, Jr. Your Board of Directors spent two valuable days in June in strategic retreat planning the future of the Nashville Bar Association. This work was performed with the facilitation of Gail Vaughn Ashworth to whom thanks is given again here. After a survey of existing Board members and past presidents, the Board began with a traditional SWOT analysis (strengths, weaknesses, opportunities, and threats).

Many things were learned and many things were confirmed. We then moved to brainstorming of ideas. All this work will result in a two-year plan. In the future a longer term plan can be developed but the exercise made clear the need for immediate action on several fronts. At the end of the day the goal has not changed – how can we better serve the membership of the Nashville Bar Association. The ideas set forth herein are at various levels of completeness and will be finalized at future Board Meetings.

One focus will be communication. To loosely paraphrase from Jeff Foxworthy, you may have a communication problem if Board members suggest that you need to do something that you are already doing and Board Members have no idea what LRIS is. To this end one focus will be on a communications plan to communicate in an effective way what your Bar is doing. This will mean a new website, a social media plan, an effective email plan, a public relations plan, and other things so that we can better communicate.

As to membership, we are going to continue to create and communicate a value proposition so that people do not think twice about joining. We are also looking at ways to transition members where they are most likely to drop out – student to YLD, aging out of YLD, family commitments, and senior lawyers. We have plans to ease each of those transitions. Additionally, we will continue to try to convince firms to follow the leadership of other firms in paying NBA dues for all of their attorneys. We have a strong Membership Committee having great ideas and energy chaired by John McLemore.

As to CLE, we are looking at ways to offer CLE more efficiently and conveniently.

While continuing to focus on those CLE’s that we alone provide, we are going to look other CLE and non-CLE programs to educate our members on issues that they need to be even more professional and profitable. We are also looking at ways to deliver CLE to those uninterested in coming downtown. Further, we will be looking at destination programs that either take advantage of our It City status or provide a CLE/vacation elsewhere for our members.

As to revenue, we know that we must find improved revenues not based solely upon dues increases. We have great relationships with our sponsors such as First Tennessee Bank, IPSCO, and Thomson Reuters. We need to find more of those and offer them a value proposition so that they are willing to invest in the NBA. We are also looking at ways to increase advertising revenues and to provide additional one-off sponsorship opportunities.

As to membership activities, we previously started the Happy Hours to make sure that the Bar gets together at least once a month. Again, only good comes from lawyers meeting other lawyers. We now have an active and effective Social Committee who will continue to plan existing programs as well as new programs. The

2015 NBA BOARD OF DIRECTORS

Social Committee is made up primarily of former and current YLD presidents and social chairs who are now doing the same great planning that created so many great YLD programs for the NBA as a whole.

As to the picnic, which will be held Thursday, September 24 at 5:30, it will be more fun. Unfortunately for me and others, there is talk of a dunking booth. There is also talk of other fun activities. We are also discussing ways to improve and diversify the food. We will build upon the good parts of the picnic.

As to the Annual Meeting, we recognize that the reception beforehand is why many people come. It will not be changed. However, we also realize that many people leave before the program because it is too long. We will shorten the program.

Please recall that we were in and out of the Law Day Luncheon in less than an hour thanks in large part to Judge Frank Clement. The program portion of the Annual Meeting will be less than 45 minutes if I have to find a power switch to turn off the lights.

For our criminal defense members, we know that you have yearned for easier access to the various Courts. We are working with Sherriff Hall and others to solve that issue. We believe that we will announce a solution to that concern in September so stay tuned. We also are looking at other ways that we can better serve you.

As to technology, we all know that technology can make our lives easier and the delivery of our services easier. We are looking at a comprehensive solution. We are being assisted by tech-genius Bill Ramsey. We are looking at technology options that would allow us to deliver services to you easier through a single platform.

When I took the Presidency, I told you that the Bar was at a cross roads regarding relevance and membership. I promised that I would focus on increasing the relevance of the NBA and to make sure that we establish the value proposition for membership. We have improved and we will continue to improve. The Board is committed to those goals as demonstrated by their giving up two days and more of their busy schedules for this planning exercise. n

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MEETING SPACE @ THE NBA CENTER

Edward D. Lanquist, Jr., President Joycelyn Stevenson, President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Charles K. Grant, Immediate Past President Ryan D. Levy, Young Lawyers Division President Whitney Haley, Secretary Hon. Joe B. Brown, Treasurer Eric W. Smith, Assistant Treasurer Lela Hollabaugh, General Counsel

Robert C. Bigelow Hon. Joe P. Binkley, Jr. Hon. Sheila D. Calloway Kathryn S. Caudle Margaret M. Huff Hon. William C. Koch, Jr. Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Erin Palmer Polly Matt Potempa David L. Raybin Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Overton Thompson, III M. Bernadette Welch

NASHVILLE BAR ASSOCIATION 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.

WE are the Bar. And together, we shape the future of the legal profession.

Got an Idea for an NBJ Article?

The NBA Center is available for you to host meetings, arbitrations, depositions, and other events. Members may also use the NBA’s Guest Attorney Office when they need an “office away from the office” with internet and phone access.

Contact Vicki Shoulders at vicki.shoulders@nashvillebar.org

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 Journal - July 2015

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communiqué

The Nashville Bar Association Young Lawyers Division and the YLD Board of Directors are hosting the 18th Annual Carbolic Smoke Ball on Saturday, August 1, 2015 from 8:30 p.m. to 1 a.m. at the Sutler Saloon located at 2600 Franklin Pike, Suite 109, Nashville, TN 37204. Proceeds from this year’s Carbolic Smoke Ball will be divided evently among two local nonprofit organizations: Nashville Children’s Alliance (NCA) and Court Appointed Special Advocates (CASA) Nashville.

Nashville Children’s Alliance helps children and families cope with severe physical and/or sexual abuse. Through collaborative efforts with the District Attorney’s office, the Metropolitan Nashville Police Department, and the Department of Child Services, NCA provides forensic interviewing services for children who are victims of abuse, which interviews are frequently used in the prosecution of the offenders. NCA also provides free therapy services, in both individual and group settings, to children and non offending family members to assist them through such trying times.

CASA Nashville provides trained community volunteers to advocate for the best interests of children who come to the attention of the court system primarily as a result of abuse or neglect. Yearly, over 2,000 children are caught up in the court system because they were abused, neglected, or abandoned by those they loved and trusted the most. CASA Nashville’s mission is to expedite the process through which these children find permanent and safe homes.

In addition to benefitting Nashville Children’s Alliance and CASA Nashville, as well as the Nashville community-at-large, the Carbolic Smoke Ball is an annual cocktail party that provides a structured social gathering to which all members of the Nashville legal community and their guests are invited. The 18th Annual Carbolic Smoke Ball will feature live entertainment featuring the Jared Ashley Band, heavy hors d’oeuvres, and an open bar with wine, beer, and cocktails.

Ticket prices this year will be $65 per person (in advance) and $75 per person (at the door).

It’s not too late to sign up for a firm sponsorship, sign up to be a host (or host couple), or purchase your tickets in advance! www. nashvillebar.org 4

Nashville Bar Journal - July 2015

Thank you for all of the generous support for the Arts Immersion Event 2015, presented in partnership by the Arts & Business Council of Greater Nashville and the Young Lawyers Division of the Nashville Bar Association. The event was held on May 27, 0215, at W.O. Smith School. This year, we surpassed every record from years past - including over 300 in attendance and nearly $15,000 raised for the Volunteer Lawyers & Professionals for the Arts, a program of the Arts & Business Council of Greater Nashville.

We could not have had such a great event without the support of our Lead Sponsor Patterson Intellectual Property Law, Venue Sponsor W.O. Smith School, Stage Sponsor First Tennessee Foundation, Catering Sponsor Fifth Third Bank, and Featured Beverage Sponsor Jack Daniel's Tennessee Whiskey.

Many thanks to our in-kind sponsors and patron companies, including Baker Donelson; Bass, Berry & Sims; Bone McAllester Norton; Bradley, Arant, Boult, Cummings; Butler Snow; Curb Center for Art, Enterprise & Public Policy at Vanderbilt; Donald Capparella; Emma; Margaret Huff Mediation; Neal & Harwell; Nelson Mullins; Riley Warnock & Jacobson; SESAC; Shackelford, Bowen, Zumwalt & Hayes; Stites & Harbison; and William B. Hicky. Thank you Nashville, and we will see you in 2016! Details to come on abcnashville.org.

NALS Silent Auction Benefitting Legal Aid Society Set for July 16 NALS, the association for legal professionals (NALS), Nashville Chapter, will host its third annual NALS After Hours Silent Auction event at 5:30 p.m. on Thursday, July 16, 2015. The auction will be held at Waller Lansden Dortch & Davis, LLP, located at 511 Union Street, Suite 2700, Nashville, Tennessee 37219.

All proceeds from the auction will be donated to Legal Aid Society of Middle Tennessee and the Cumberlands, Tennessee’s largest non-profit law firm. Attendees will have the chance to bid on donated items such as massages, gift certificates, hotel stays and more.

Last year’s event raised $2,700 to support Legal Aid Society’s mission to advance justice by providing advocacy and free civil legal assistance to low-income and elderly people throughout Middle Tennessee and the Cumberland Plateau.

Nashville Mayor Karl Dean is expected to attend this year’s benefit auction in support of the cause.

Lawyer Referral & Information Service From April of 2014 to April of 2015, the LRIS attorneys have earned close to half a million dollars from clients they’ve received from the service.

When you join the LRIS, your practice benefits from the marketing and advertising programs.

Currently, LRIS reaches potential clients through advertising in the Yellow Pages as well as Google AdWords campaigns. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs and other Bar Associations.

Please contact Wendy Cozby at wendy.cozby@ nashvillebar.org or 615-242-9272 or if you have any questions.

-Golden Oldies

“NALS has become a vibrant community partner for Legal Aid Society,” said Gary Housepian, Legal Aid Society’s executive director. “We’re so thankful for their support as they help us to advance our mission on behalf of the hundreds of thousands of people in our region who need access to free civil legal assistance.”

If you would like to donate an item for the auction, please email Tiffany Taylor at Tiffany.Taylor@wallerlaw.com or mail the item to: Tiffany Burford Taylor, Silent Auction Chairman, c/o Waller Lansden Dortch & Davis, LLP, 511 Union Street, Suite 2700, Nashville, Tennessee 37219.

If you would like more information or you would like to volunteer, please contact nalsnashville@yahoo.com or visit nalsnashville.com.

Jim Hofstetter correctly identified the individuals in the June 2015 Golden Oldies photo.

Pictured are: Harris Gilbert and Leon Gilbert

UPCOMING EVENTS: Thursday, July 16, 2015 NBA Happy Hour 5 – 6:30 p.m. @ Lewis Thomason 424 Church Street, Suite 2500, Nashville, TN 37219

-----------------------------------------------------------Thursday, July 16, 2015 NALS Silent Auction Benefitting Legal Aid Society 5:30 p.m. @ Waller Lansden Dortch & Davis, LLP

August 1 Carbolic Smoke Ball 8:30 p.m. - 1 a.m. @ Sutler Saloon

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Nashville Bar Journal - July 2015

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Feature

What You Don’t Know About International Parental Child Abduction – But Should: Part 2 by:

Amy J. Savoie

Parental abductors can be very clever. Consider, for example, the antics of one Texas mother who snuck out of a courtroom in the final moments of a custody trial. She had just lost custody of her son and, immediately following a ruling in the father’s favor, she evaded the sheriff’s deputies, fled from the building, and kidnapped the child to Mexico. The mother “had anticipated the jury could or would award custody to [the father] and began planning the flight [to Mexico] even before the two-week trial began.” 1 In Connecticut, an attorney was hired to supervise visits between a father and his daughter, Saba, because there was a concern he would abduct her to the Middle East.2 The attorney grew comfortable with the father over time and, during one “supervised” visit to the mall, allowed the father to take the child into a bookstore – alone. Unbeknownst to the attorney, the father had arranged for a limousine to meet him at the mall and take him, along with his daughter, to the John F. Kennedy (JFK) International airport. He took the child to Istanbul, Turkey. Court documents show that by 2013, the mother had not seen or heard from her daughter in over fifteen years (the attorney was subsequently sued for negligence).3 Understanding the Mind of a Parental Abductor Fulbright scholar and cultural anthropologist, Melissa “Liss” Haviv, works in the field of parental child abduction. A former victim of parental abduction herself, Ms. Haviv is now the Executive Director of Take Root, a non-profit organization that provides support for parental abduction victims.4 In describing the motivation that drives these parental abductors to do what they do, Ms. Haviv explains that some parents abduct their children because they fear losing custody or visitation, or because 6

Nashville Bar Journal - July 2015

they “confuse” their own frustration with the other parent to mean that the other parent would be “bad” for the child as well.5 Other abductors seek revenge.6, 7 Studies out of Canada suggest that revenge against the other parent “is a powerful abduction motivator,”8 and a recent FBI report explains, “Most non-custodial parental abductors want retaliation. They feel that if they can’t have the child full time…then the other parent shouldn’t have the child, either.”9 Duration of the Abduction Correlated With Trauma For their physical and emotional safety, parentally kidnapped children should be recovered as quickly as possible. The National Criminal Justice Reference Service (NCJRS) notes that, in children studied, “the length of [a child’s] separation from the left-behind parent greatly influenced the emotional impact on the abducted child.”10 Abductions lasting only a few weeks were not found to be extremely emotionally traumatic because the children did not give up hope of seeing the other parent again. “Victims of long-term abductions, however, fared much worse. They were often deceived by the abducting parent and frequently moved to avoid being located…Older children felt angry and confused by the behavior of both parents – the abductor for keeping them away from the other parent[,] and the leftbehind parent for failing to rescue them.”11 Ms. Haviv explains that even when a parent removes a child from abuse, or from perceived abuse, “the child

faces the trauma of identity rupture and going on the lam with an emotionally distressed caregiver. Family abduction is always child endangerment, regardless of the parent’s reasons.”12 “[F]acing incomprehensible grief and loss, burdened with a web of lies and fear, becoming a caretaker or protector for a parent who's unraveling -- that's what being abducted looks like from the kid's perspective.” 13 Problems With the Hague Treaty Over a thousand American children are abducted overseas by a parent every year.14 At a March 2015 Subcommittee Hearing on Global Human Rights and International Organizations, Ambassador Susan Jacobs, Special Advisor for Children’s Issues, and other panel members offered emotional testimony on active international parental child abduction cases – cases spanning several years and involving untold legal expenses.15 It is clear that while no case of international child abduction is “easy” to resolve, some countries are known for imposing substantial obstacles in the return of a child. These include India, Brazil, Japan,16 Costa Rica, Guatemala, Honduras, Romania, Peru, and Mexico.17 The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Treaty”) is a treaty intended to ensure that its signatory nations “respect each other’s custody laws,” and to provide a civil remedy for the return of abducted children.18 Hague Treaty members represent that they “agree” that if a child is kidnapped to a foreign country in violation of another parent’s parental rights, the child should be returned to his or her country of habitual residence. Despite its promising provisions, however, the goal of the Hague Treaty – the prompt return of abducted children – is too often not realized in actual practice.

The fact is that too many countries, despite being a signatory nation, dem-

onstrate an unwillingness or inability to abide by the Hague Treaty’s provisions.19 A country may have inadequate staffing, motivation, or resources for successful child returns and, too often, repeated judicial delays (and appeals) can cause children to “age out” of the system before their cases have been resolved (note: the Hague Treaty only applies to children under the age of sixteen).20, 21 Attorneys and judges should not allow a country’s signatory status to give false hope that a child, if abducted, would be swiftly returned from a Hague country.

On the contrary, child returns through the Hague Treaty involve complicated, lengthy, costly, and emotionally draining international proceedings. Litigating Hague cases can cost a left-behind parent thousands of dollars – even hundreds of thousands of dollars – and there is no guarantee that the child will actually be returned or that any visitation (even token visitation) will be granted. The advocacy group, Reunite International, urges court officers and lawmakers to understand that prevention of this tragedy must be better than the cure.22 Preventing Parental Abduction Risk factors for parental child abduction are provided by the American Bar Association (ABA), the National Center for Missing and Exploited Children (NCMEC), and the U.S. Justice Department, and include 1) threats to abduct a child; 2) ties to a foreign country; 3) lack of ties to the child’s home state; 4) personality disorders; 5) a history of withholding visitation; and 6) financial independence or having a portable career.

In Tennessee, these and other abduction risk factors are listed at Tenn. Code Ann. § 36-6-607 and include, but are not limited to 1) selling a home; 2) terminating a lease; 3) a parent’s unemployment; 4) a change in immigration or citizenship status; 5) refusal to follow a standing child custody order; and 6) domestic violence, stalking, child abuse or neglect. 24

Pursuant to Tenn. Code Ann. § 36-6-608, attorneys can request that a judge issue an abduction prevention order if the court finds there is a credible risk that a parent intends to kidnap a child. An abduction prevention order may include, among other safeguards, 1) travel restrictions; 2) an order to surrender the child’s and/or parent’s passport(s); 3) supervised visitation for the respondent-parent posing a risk; 4) requiring the respondent to obtain education on the potentially harmful effects to the child from abduction; 5) the posting of a bond by the respondent; and 6) allowing the petitioner to place the child’s name in the State Department’s Child Passport Issuance Alert Program.25 While most parents planning to take their children to a foreign country can be trusted not to abduct them, one parent’s controlling or contemptuous behavior, coupled with other risk factors, may (justifiably) give a judge pause when deciding whether to allow or restrict a parent’s international travel with the children.

One Washington state father appealed his travel restrictions, arguing that he was being constitutionally-deprived of his ability to parent his children, and that his “constitutional right to travel” was being impinged.26 First, the Court explained that the state can interfere with a parent’s right to rear his own children if there is proof of a threat to the children’s welfare (e.g., the threats to abduct his children evinced a credible threat to their welfare).27 Secondly, a person’s “fundamental” right to travel extends only to travel within the United States. “The United States Supreme Court has explicitly stated [that] foreign travel can be constitutionally limited.” 28 Conclusion Given that one parent’s trip to a foreign country, particularly to a non-Hague country, can lead to the permanent deprivation of the other parent’s parental and visitation rights, the relevant risk factors should Continued on Page 19 

Nashville Bar Journal - July 2015

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Why Was Jimmy Hoffa in Nashville by:

John C. McLemore

What was the Test Fleet? How was Hoffa involved? Why was the trial in the U. S. District Court in our town?

I lived through it. I caught glimpses of it as WSM-TV’s Judd Collins told the story on the evening news. And, I was astounded to see what appeared to be some of the same film clips on NBC’s national news with Chet Huntley and David Brinkley.

James Riddle “Jimmy” Hoffa, the president of the International Brotherhood of Teamsters (IBT), was on trial in Nashville. But as a freshman at the brand new John Overton High School, I did not have a clue what it was all about.

Even when a classmate’s father was charged with being involved in jury tampering, it still blew past me. There were much more important things going on at school and our church.

I left for college in the fall of 1966. Jimmy Hoffa departed for Lewisburg Federal Penitentiary in 1967. During the next four years, I cannot remember Jimmy Hoffa being the subject of even one late night bull session. But, upon graduation in May 1970, I had to have a job.

Luckily, I had been editor of my college newspaper and my parents lived next door to Bob Battle, who would soon be the managing editor of the now defunct Nashville Banner. My mother talked to Mr. Battle’s wife and I was hired. First day on the job, I was assigned to the federal courthouse, where the men and women who had seen the Hoffa trials unfold less than 10 years before, were still working.

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Nashville Bar Journal - July 2015

The Banner’s city editor was Bradley Holmes Carlisle.

He had covered every Hoffa hearing from his indictment in the Test Fleet Case to his conviction in Chattanooga for jury tampering, not to mention all the ancillary cases that spun off the main event.

As part of my orientation, I was taken into Judge William E. Miller’s courtroom by U. S. Marshal Leon Campbell and shown the dents in the wall from the stray shots fired at Hoffa with a pellet gun by the “disturbed” assassin Warren Swanson. Deputy U. S. Marshal Jack Evins, who would succeed Campbell, promised to bring the pistol, the trigger guard of which he broke over Swanson’s head in the courtroom, so l could examine it. He never did, but every old timer in the Marshal Service swore the story was true.

The Banner’s pressroom on the eighth floor of the courthouse was a storage room outfitted with a phone, a Teletype machine, a desk and a discarded judge’s chair. The rest of the space was taken by filing cabinets that contained all of the Test Fleet jury investigation files. Not one of them was locked. I was astounded at how many Middle Tennesseans were screened by the U. S. Attorney’s office in preparation for that trial.

I had no choice. I had to learn something about the Hoffa Trials. To ignore them while trying to cover

Nashville’s federal courts would be like trying to cover the New York Yankees without knowing anything about Babe Ruth or Lou Gehrig. I began with Kennedy Justice by Victor S. Navasky.

My initial questions were simple. What was the Test Fleet? How was Hoffa involved? Why was the trial in the U. S. District Courthouse in our town?

The Nashville Bar Association Historical Committee is going to revisit the Hoffa Trials in Nashville for three hours on the afternoon of September 17 in the auditorium of the Nashville Public Library downtown. The program will be free.

NBA members will be offered three hours of CLE. It has been 50 years since the IBT rented the entire seventh floor of the Andrew Jackson Hotel as Hoffa trial headquarters.

And, it has been 50 years since U. S. Attorney General Robert F. Kennedy’s Get Hoffa Squad set up camp at Eighth & Broad to wage war over whether Hoffa had committed a misdemeanor included in the Taft Hartley Act. Incorporated in Tennessee in 1949, the Test Fleet was a trucking company that did “haulaway” work for Cadillac assembly plants in Michigan. In short, it delivered new cars from the factory to the dealerships. One half of the Test Fleet was owned by Josephine Poszywak otherwise known as Mrs. Hoffa. Poszywak was her maiden name. In 1936, she had married Hoffa. They would remain married until he was declared dead following his disappearance in 1975.

The rise of the Test Fleet paralleled the resolution of Teamster problems experienced by Commercial Carriers, Inc.

(CCI), a major car hauler. CCI financed the purchase of the Test Fleet’s vehicles.

During the first seven years of the Fleet’s operations, the $2,000 initial investment made in the name of Josephine Poszywak resulted in $62,500 in profit. CCI’s labor problems dissolved. By the time Hoffa was indicted by the federal grand jury in Nashville, Miss Poszywak had received more than $1 million from her ownership interest in the Test Fleet.

When labor and management enter into a contract that is particularly beneficial to management, it is called a “sweetheart deal.” In this situation, Hoffa lost sight of his duty as a union officer to represent aggressively the interests of the rank and file union members. He put personal gain above fiduciary duty.

battle, but at the side of Special Counsel John Hooker, Sr., they would ultimately convict Hoffa of jury tampering.

Zeno Thomas “Tommy” Osborn would be recommended by Jack Norman, Sr. to serve as local counsel for Hoffa in the Test Fleet case. He was a rising star at the Nashville Bar. He had successfully argued Baker vs. Carr before the U. S. Supreme Court. After getting a hung jury in Test Fleet, he would be elected president of the Nashville Bar Association, but he would never serve. As the cases intensified, he became convinced his client was being both prosecuted and persecuted. He lost his bearings and was indicted for jury tampering.

This conflict of interest, a misdemeanor violation of the Taft Hartley Act, carried a slap on the wrist maximum penalty of one year in prison and a $10,000 fine, but a Taft Hartley conviction could ban Hoffa from further involvement in union affairs.

Between October 1962 when the Test Fleet trial opened in the news shadow of the Cuban Missile Crisis and May 1964 when, after deliberating three hours, a jury returned a guilty verdict against Tommy Osborn, the eighth floor of Nashville’s U. S. District Courthouse was the stage for the making of history and high drama.

Robert F. Kennedy, counsel to the McClellan Committee, was convinced the Teamsters were working hand in glove with organized crime and Hoffa was the charismatic leader who had brought the two together. Kennedy had attempted three prosecutions and had not gotten a conviction. He saw Nashville as a level playing field where Detroit, New York City, and Washington, D.C., were not.

As the pellet gun nut was shooting at Hoffa, the event was witnessed by none other than Frank “The Irishman” Sheeran, a real Mafia assassin who, by his own account, was sent by the Teamsters to sit in the courtroom and make periodic eye contact with the jurors to let them know that if they had been bribed they had better stay bribed and not inform Judge William E. Miller, as one juror had already done.

James F. Neal, a product of Sumner County High School, the University of Wyoming, the U. S. Marine Corps, and Vanderbilt Law School’s legendary Class of 1957, would be tapped by Attorney General Kennedy to head the prosecution of the Test Fleet Case. He would lose that

After three days of deliberations and repeated reports to the Court that it was deadlocked, a mistrial was declared and the Test Fleet jury was dismissed on Christmas Eve, 1962. Before releasing Continued on Page 14 

Nashville Bar Journal - July 2015

9

Nashville Sit-Ins: Classroom Visits Just over 50 years ago, a brave group of local African American students staged a peaceful protest against the segregation laws that prevented them from enjoying the same rights as their fellow man. In particular, the students took seats at several downtown Nashville department store lunch counters that only were open to white patrons. The students were attacked by angry mobs, but they did not retaliate. Nonetheless, the students were arrested, tried, and convicted of crimes for what they did.

In 2010, the Nashville Bar Association, under the leadership of Jonathan Cole, Charles Grant, and Gary Shockley, reenacted a fictitious trial of a student involved in the Nashville lunch counter sit-ins, and the reenactment was videotaped. This year, a committee of the NBA offered to provide the videotape to Nashville classrooms at no cost and to send a lawyer to each classroom to discuss the sit-ins and the trial. Over 100 teachers responded, and over 50 lawyers went to Nashville classrooms to discuss not only the trial and the sit-ins, but also the practice of law in general. The Nashville sit-ins proved not only to be a turning point in the local civil rights movement, but also a major event in the national fight to end segregation.

The committee is thankful to every lawyer who volunteered and brought this important message to our Nashville students, including Blind Akrawi, Tracy Alcock, Bahar Azhdari, Laura Baker, Brandon Bass, Russell Belk, Chris Bellamy, Robb Bigelow, Jan Bossing, Hunter Branstetter, Mary Barrett Brewer, Hon. Judge Joe B. Brown, Josh Burgener, Kay Caudle, Shirley Clay, Jonathan Cole, Grover Collins, Dot Dobbins, Carla Fenswick, Mollie Gass, Jeff Gibson, Allen Grant, Charles Grant, Sheryl Guinn, Whitney Haley, Paz Haynes, Will Hickey, Wells Hoffman, Marnie Huff, Susan Jones, Lauren Kilgore, Irwin Kuhn, Rob Laser, Claudia Levy, Nicole Lytle, Emily Mack, Jerrilyn Manning, Danielle Nellis, Howell O'Rear, Tiffany Palmer, Clay Petrey, Erin Palmer Polly, Matt Potempa, Sharon Ramos, Sarah Reist, Sara Reynolds, Peter Robison, Rachel Rosenblatt, Maria Salas, Caroline Sapp, Gil Schuette, Gary Shockley, Rebekah Shulman, Marcus Shute Jr., Wade Sims, Saul Solomon, George Spanos, Lauran Sturm, Taylor Sutherland, Jessica Van Dyke, Jennifer Wade, Drew Warth, and Deborah Wilson. 

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Nashville Bar Journal - July 2015

Nashville Bar Journal - July 2015

11

BI L L GA & PH DG ET O IL'S F THE

MONTH

Beam+ Remote Telepresence Device

By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting

A couple of years ago we were smitten with a robotic “remote presence device” (RPD) that we saw at the annual Consumer Electronics Show. This gadget is made by Suitable Technologies (www.suitabletech.com) and is called the Beam. We thought it was exceptionally cool and futuristic, but not necessarily practical for our own personal use. As is often the case, we began to rethink the practicality of this new technology as we revisited the Suitable Technologies booth at this year’s CES. No longer thinking it was “impractical” and desperately wanting to play with this new tech “toy”, we began to think of reasons (excuses) to buy the Beam. Our “reasoning” won the day and we raided our “gadget fund” to purchase the $1,999 Beam+ (a larger, more expensive model, BeamPro, is also available).

When our Beam+ arrived in a huge box, we anxiously unpacked the 4.5-foot robot, wondering how long it would take to set up our new remote telepresence friend. We were pleasantly surprised to note that hardly any assembly was required (just plug in the charging plate and place the Beam+ on the charger). We were even more pleased that the software setup was almost as easy. We just connected the Beam+ to our high-speed Wi-Fi, downloaded the control software from Suitable Tech and we were ready to roll.

And “roll” is what you do with the Beam+. Using the software app on your computer, you can maneuver the Beam+ robot anywhere you want it to go, as long as it stays within the Wi-Fi coverage area. The Beam+ has a video screen near the top of the 4.5-foot frame that displays the camera image of the person controlling the robot from their computer. The computer operator can see through the “eyes” of the Beam+ by way of two internal cameras on the Beam+, one near the top to see people in the path of the Beam+ and one near the bottom to see potential obstacles near the floor where the robot is traveling. Using the arrow keys on the keyboard, we were able to roll the Beam+ off the charging pad, swivel it around to the door of the office and then move it down the hallway of our office. We were able to communicate and see people in the office that we met with the Beam+ and they could see and hear us via the builtin video monitor. After folks in the office got over the “creepiness” of us sneaking up on them with our robot, we were able to carry on conversations just as if we were in the room with the person…complete with eye-rolls, smirks, and hand gestures, relayed via the video screen.

The Beam+ is indeed a remote presence device in that it solves the age-old dilemma of needing to be in two places at the same time. For example, Phil was out of town for a conference and needed to have a quick meeting with his litigation tech team on an important project back at home base in Nashville. Of course, he could have participated in the meeting via the traditional, boring route, a telephonic conference call. However, Phil just simply logged in to the Beam software app from his remote location, took control of the Beam+, rolled it from his office, where it was stationed on the charging pad, down to the conference room, “sat down” across the table from the other meeting attendees and fully participated in the meeting as if he was really there. He could carefully monitor reactions in the room to his suggestions (eye-rolls or enthusiastic thumbs-ups).

Continued on Page 13 

12

Nashville Bar Journal - July 2015

BI L L GA & PH DG ET O IL'S F THE

MONTH

Bill & Phil's Gadget of the Month Continued from page 12

The advantage of using the Beam+ is that you are more fully immersed in a meeting either with a group or oneon-one. The meeting participants can both see and hear each other, plus, the mobility of the Beam+ allows the remote attendee to maneuver the robot around the room if needed. We could see this device being used by someone to manage a remote office or perhaps even for depositions or employee/client interviews in a remote office. One of the downsides of the Beam+ is the short battery life, approximately two hours, before needing to go back to the charging dock. We are told that the more expensive BeamPro model has a longer battery life, approximately eight hours, as well as a larger video screen.

While we purchased the Beam+ simply to scratch a techy, curiosity itch; now that we have had it for a few months, we are actually believing that our practicality argument holds some water. Yes, it is fun to operate and we get a kick out of freaking out the office from time to time; but, it is seriously a cool gadget to conduct remote meetings and consultations. We think we’ll keep it. 

See you next month, —Bill & Phil

Nashville Bar Journal - July 2015

13

Why was Jimmy Hoffa in Nashville Continued from page 9

them from the jury box, however, Judge Miller addressed the courtroom and said in part: “From the very outset, while the jury was being selected…there were indications that improper contacts had been made and were being made with prospective members of the jury…I do not intend that such shameful acts to corrupt our jury system shall go unnoticed by this court.” This was definitely not the gracious statement of appreciation for hard work done routinely delivered by every trial judge at the conclusion of every trial.

Almost a year later, on the eve of what would become after a change of venue Hoffa’s Chattanooga jury tampering trial, Nashville’s two U. S. District Court Judges, Miller and Frank Gray, Jr., summoned Tommy Osborn to Judge Miller’s chambers where a court reporter was waiting and an in camera session was called to order. Osborn was asked if he had any involvement in any attempts to tamper with the jury in Hoffa’s upcoming trial. Osborn denied that he had. A tape recording was played. Osborn heard himself offering $5,000 up front for prospective juror Elliott’s cooperation and an additional $5,000 at the conclusion of the trial if the jury hung. Osborn was told there would be a show cause hearing on why he should not be disbarred. His life was ruined.

Osborn was tried in Nashville. John Hooker, Sr. took the lead for the prosecution and Jack Norman, Sr. defended the man he had recommended Hoffa hire to defend him in the Test Fleet case. These were the two great lions of the Nashville bar. And, this was arguably their greatest battle. Norman’s cross examination of Robert Vick, the former policeman who wore the wire that recorded Osborn, was oral vivisection.

In a move so rare, it may be the only time it has ever happened in the history of our nation, Hooker called Judge William E. Miller and Judge Frank Gray, Jr. as

14

Nashville Bar Journal - July 2015

rebuttal witnesses to recount the in camera hearing and how Osborn had lied to them when confronted.

Norman argued entrapment. Hooker, in his final argument, told the jurors as they deliberated not to listen to the words of Vick, but to the words of Osborn. Finally in a theatrical move almost never seen in the U. S. District Court, Hooker went to one knee and said: “I hope you won’t regard me as irreverent when I say…that I have gotten down on my knees at night like this and asked God that justice and only justice, be done in this case.”

Osborn was convicted. It was not a good day for the Nashville Bar Association, but the Hoffa Trials good, bad and ugly are a part of the history of our association.

This article has just scratched the surface.

Join us in September to learn about the Hoffa Trials, law, history, twists, turns and great theater all in one afternoon.  John C. McLemore is currently the Second Vice President of the NBA and is a former Chairman of the Historical Committee. He was an organizer of the NBA's very successful program on Baker vs.

Carr two years ago.

HOFFA CLE

SEPT 17

SEPTEMBER 17, 2015

U.S. v. Hoffa

Co-sponsored with NBA Historical Committee 1:00 – 4:15 p.m.

CLE: 3.0 Hours – General Producers: ED LANQUIST

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ED YARBROUGH

Bone McAllester Norton PLLC

Sixth Annual “Lawyers for Littles” Event Raises $21,500 for Big Brothers Big Sisters of Middle Tennessee Nashville-area attorneys recently organized and held the sixth annual “Lawyers for Littles” Bowl for Kids’ Sake event, helping to raise over $21,500 for Big Brothers Big Sisters of Middle Tennessee. Over the past six years, this event has raised more than $120,000 for the agency. Organized by Elizabeth N. Sitgreaves of Dodson, Parker, Behm & Capparella, P.C. and Bart Pickett of The Law Office of Julie Bhattacharya Peak, the bowling fundraiser took place June 4, 2015, at Pla-Mor Lanes in Berry Hill. Twenty-three teams participated in the event, representing all spheres of the legal profession, including law firms, corporate counsel, government agencies, and bar associations.

Among those teams and individuals recognized for outstanding efforts in fundraising and bowling were: Top Fundraising Team: Hollins Raybin Weissman Top Fundraising Individual: John Hollins, Hollins Raybin Weissman 2nd Place Fundraising Individual: Bart Pickett, The Law Office of Julie Bhattacharya Peak Best Dressed Team: “Motions to Strike” – The Law Offices of John Day Most Team Spirit: The Law Office of Julie Bhattacharya Peak Best Team Name: “Don’t Stop Bowl-ievin” – Dickinson Wright Highest Team Score: “The Big Subpoenas” – Nashville Bar Foundation Leadership Forum Highest Individual Score: Matt Potempa – “Law of the Lane” – Nashville Bar Association Board Lowest Team Score: “Motions to Strike” – The Law Offices of John Day Lowest Individual Score: Mallory Schiller, Dickinson Wright Big Brothers Big Sisters of Middle Tennessee is a volunteer and donor-driven organization that matches children in need with a positive adult role model. They provide children facing adversity with strong and enduring, professionally supported one-to-one relationships that change their lives for the better, forever. These improvements create better schools, safer neighborhoods, and help children make healthier choices.

Funds raised in events like the “Lawyers for Littles” event are used to conduct background checks on volunteers to ensure child safety and to provide ongoing support for children, families, and volunteers to build and sustain long-lasting relationships. The average annual cost per child to receive one-to-one mentoring services through Big Brothers Big Sisters is $1,000. Thanks to the 2015 “Lawyers for Littles” event, 21 more children will be served this year.

For more information on how to get involved with “Lawyers for Littles,” please contact Elizabeth Sitgreaves at ESitgreaves@DodsonParker.com or Bart Pickett at Bart.Pickett@LibertyMutual.com.

Pictured above – Elizabeth N. Sitgreaves of Dodson, Parker, Behm & Capparella and Bart Pickett of The Law Office of Julie Bhattacharya Peak proudly display a check for over $20,000 to Big Brothers Big Sisters of Middle Tennessee.  Nashville Bar Journal - July 2015

15

Non-Profit Spotlight:

Did you know....one of the easiest ways for your clients to get help is by dialing 2-1-1-?

LIVE UNITED 211 is the hotline for nationwide community services help. This is a comprehensive one-stop for help. When you call – you get a real person – someone who is trained to help you sort out your needs and then provide phone numbers and addresses of the closest places where you can get help. Simply dial 2-1-1 from ANYWHERE. The calls are free and completely confidential.

If your client has access to the internet (via their smart phone or the library), the website is even more interactive. Register and create an account or just use the search engine to obtain information. You can do searches as simple as "food banks Lebanon". The 2-1-1- has a database of more than 10,000 health and human services programs – cross-referenced for all sorts of keywords.

In Middle Tennessee, the call center is open 24/7 and there are Spanish speaking and tele-interpreter staff available.

The list of services available is overwhelming; here are just a few: •

•

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Basic Needs – there are programs that furnish survival level resources including food, housing, material goods, transportation and utilities for individuals with low or fixed incomes, people who are homeless, older adults and/or people with disabilities who are otherwise unable to adequately provide for themselves and their families.

Consumer Services – there are programs that provide for the education and protection of individuals who buy products and services for personal use. Included are programs that establish and enforce consumer protection, fair trade and other regulatory legislation; provide information and/or counseling to help consumers manage their finances, make informed credit and purchasing decisions, and understand their tax obligations and pay their taxes; and/ Nashville Bar Journal - July 2015

or ensure that consumers have access to fair hearings, mediation or binding arbitration and appropriate remedies when they have complaints.

•

Income Support and Employment – there are programs that help to meet the economic needs of the community by helping residents prepare for, find and sustain gainful employment; providing public assistance and support for those who are eligible; ensuring that retirees, older adults, people with disabilities and other eligible individuals receive the social insurance benefits to which they are entitled; and offering temporary financial assistance for people who are experiencing an unexpected financial crisis in situations where support related to their specific circumstances is unavailable.

•

Mental Health and Substance Abuse Services – there are programs that provide preventive, diagnostic and treatment services in a variety of community and hospital-based settings to help people achieve, maintain and enhance a state of emotional well-being, personal empowerment and the skills to cope with everyday demands without excessive stress or reliance on alcohol or other drugs. Treatment may include emotional support, introspection and problem-solving assistance using a variety of modalities and approaches, and medication, as needed, for individuals who have a physical and/ or psychological dependency on one or a combination of addictive substances or for people who range from experiencing difficult life transitions or problems in coping with

daily living to those with severe, chronic mental illnesses that seriously impact their lives.

•

Education – there are programs that provide opportunities for people to acquire the knowledge, skills, desirable qualities of behavior and character, wisdom and general competence that will enable them to fully participate in and enjoy the social, political, economic, and intellectual life of the community.

•

Health Care – there are programs whose primary purpose is to help individuals and families achieve and maintain physical wellbeing through the study, prevention, screening, evaluation and treatment of people who have illnesses, injuries or disabilities as well as family planning, maternity and other services that relate to human reproduction and sexual health.

The website also has links to donate, become a volunteer or an advocate. www.211.org

ORDER YOUR NBA DIRECTORY ONLINE TODAY @ WWW.NASHVILLEBAR.ORG

TN 2-1-1 is funded by many community partners including: United Ways in Tennessee, Assisi Foundation, Regions Bank, Tennessee Department of Human Service, City of Memphis, Baptist Healing Trust, Memorial Foundation, Tennessee Department of Labor, Tennessee Department of Finance and Administration, Office of Criminal Justice Programs, Community Foundation of Middle TN, and the Predators Foundation. 

What Does That Attorney Look Like Who You Only Communicate With Via Email?

This spotlight on Non-Profit Organizations was submitted by Marjorie Kaup Haines, Esq., 615-818-6988, margehaines@aol.com.

Need to find the New Address of an Old Law Parnter? ******************************************* Find Out In The New 2015 NBA Attorney Directory!

--------------------------------------------------------------• Attorney Listings For All Davidson County & Surrounding Communities --------------------------------------------------------------• Over 500 New Member Photos --------------------------------------------------------------• Comprehensive Court Listings --------------------------------------------------------------• Field of Practice Listings --------------------------------------------------------------• Firm Listings --------------------------------------------------------------• Listings For All NBA Boards & Officers --------------------------------------------------------------• Committee Information --------------------------------------------------------------• NBA By-Laws & More ---------------------------------------------------------------

NASHVILLE BAR ASSOCIATION

150 4th Avenue North, 10th Floor, Nashville, TN 37219 (615) 242-9272 Fax:(615) 255-3026 www.nashvillebar.org

Nashville Bar Journal - July 2015

17

Ode to Otha 2015 Ode to Otha 2015 was an overwhelming success! The weather was great (no rain), and approximately 1500 people attended. We raised over $33,000 for The Second Harvest Food Bank of Middle Tennessee. Otha’s granddaughter, Sharde’ Thomas was the crowd favorite, as usual, and she gets better and better every year. Thanks to all of you who attended, and, for those of you who did not, mark June 4, 2016 on your calendar so you will not miss O2O next year.

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Nashville Bar Journal - July 2015

What You Don’t Know About International Parental Child Abduction – But Should: Part 2 Continued from page 7

be thoroughly examined and presented to the court for consideration. Also, an expert witness can be hired to describe the risk factors for parental abduction and how they may apply to the case at hand, perhaps due to one parent’s worrisome conduct, as well as the risks associated with a destination country’s reputation for returning – or not returning – parentally abducted children.

(endnotes) 1 Suzanne Kearns Dewalt v. Texas, No. 03-06-00454CR (Texas Ct. App., Jan. 22, 2010), available at http://caselaw.findlaw.com/tx-court-ofappeals/1498053.html.

Given the irreversible trauma caused by needless and unlawful parental abductions, courts and their officers must work together in assessing these risks and to limit a would-be abductor’s opportunity to flee with a child to a place beyond the reach of the other parent, and beyond the reach of an American court’s remedial powers.

5

Dr. Amy Savoie is a licensed Tennessee attorney and a registered patent attorney with the USPTO. She holds a Ph.D. from Dartmouth and practices at LawCare Family Law Center in Brentwood, Tennessee. She can be reached at asavoie@lcflc.com.

Mirjavadi v. Vakilzadeh, 310 Conn. 176, 74 A.3d 1278 (2013).

2

3

Id.

Barbara LaBoe. Kalama woman runs organization that helps abducted children after they return home.

The Daily News, May 13, 2013, available at http:// tdn.com/mobile/article_2f5049ec-bc31-11e2-b3ee0019bb2963f4.html.

4

Tony Loftis. The Other Missing Kids: Parental Abduction, Huffington Post, Feb. 20, 2013, http://www. huffingtonpost.com/tony-loftis/the-other-missingkids_b_2717454.html.

6

Id.

Janet Johnston, Inger Sagatun-Edwards, Martha-Elin Blomquist & Linda K. Girdner, Early Identification of Risk Factors for Parental Abduction, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, Juvenile Justice Bulletin (Mar. 2001), available at https://www.ncjrs.gov/pdffiles1/ojjdp/185026. pdf (refer to section titled “Profiles of Parents At Risk for Abducting Their Children”).

7

Marlene L. Dalley, Ph.D. The Left-Behind Parents’ View of the Parental Abduction Experience, Royal Canadian Mounted Police, National Missing Children Services (May 2007), available at http://www.rcmpgrc.gc.ca/pubs/omc-ned/leftbe-laisderr-eng.htm.

8

Federal Bureau of Investigation, Child Abductions: When Custody Issues Lead to Violence (June 6, 2013), http://www.fbi.gov/news/stories/2013/june/child-abductions-when-custody-issues-lead-to-violence/childabductions-when-custody-issues-lead-to-violence.

9

Janet Chiacone, Parental Abduction: A Review of the Literature, Office of Juvenile Justice and Delinquency Prevention, https://www.ncjrs.gov/pdffiles1/ojjdp/190074.pdf (refer to section titled “Psychological Impact of Abduction” at https://www.ncjrs.gov/html/ ojjdp/190074/page6.html).

10

11

Id.

12

Loftis, supra note 5.

13

Id.

Subcommittee Chairman Chris Smith’s Opening Statement at the Hearing on the Implementation of the Goldman Act (Mar. 25, 2015), https://foreignaffairs.house.gov/hearing/subcommittee-hearinggoldman-act-return-abducted-american-childrenreviewing-obama.

14

available at http://www.internationalfamilylawfirm. com/2014/05/latest-us-hague-abduction-convention. html.

Kim Castellano, International Parental Child Abduction and the Problem with the Hague Convention, Yale Law School, Lillian Goldman Law Library (Mar. 20, 2014), http://library.law.yale.edu/news/internationalparental-child-abduction-and-problem-hague-convention.

18

International Parental Child Abduction, U.S. Department of State, Bureau of Consular Affairs: Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction (Apr. 2014), available at http://travel.state.gov/content/dam/childabduction/complianceReports/2014.pdf; see also U.S. Department of State, International Parental Abduction, Reports and Statistics (archived annual reports), http:// travel.state.gov/content/childabduction/english/legal/ compliance.html; Jeremy D. Morley, When the Hague Convention Won’t Help (Aug. 2005), http://www.international-divorce.com/When-theHague-Convention-Wont-Help.htm.

19

Peggy D. Dallmann, The Hague Convention on Parental Child Abduction: An Analysis of Emerging Trends in Enforcement by U.S. Courts 5 Ind. Int’l & Comp. L. Rev, 171- 203, available at https://journals.iupui.edu/ index.php/iiclr/article/viewFile/17560/17664.

20

Marissa Leto, Whose Best Interest? International Child Abduction Under the Hague Convention, 3 Chicago J. Int’l L. 247-253 (Spring 2002), available at http://chicagounbound.uchicago.edu/cgi/viewcontent. cgi?article=1187&context=cjil.

21

Liz Halloran, When The Missing Return, Recovery Is Long, Too, National Public Radio (NPR).

May 15, 2013, available at http://www.npr. org/2013/05/15/183954138/when-the-missing-returnrecovery-is-long-too.

22

Amy J. Savoie, What You Don’t Know About International Parental Child Abduction, But Should – Part I. 15 Nashville B. J. 8 (May 2015) (refer to section titled “Abduction Risk Factors and Personality Profiles”).

23

24

Tenn. Code Ann. § 36-6-607.

25

Tenn. Code Ann. § 36-6-608.

IN RE: The Marriage of Lynette Katare v. Brajesh Katare. No. 85591-9 (Wash. Aug. 16, 2012), available at http://caselaw.findlaw.com/wa-supremecourt/1609432.html.

26

Id.; see also In re Custody of Smith, 137 Wash.2d 1, 18, 969 P.2d 21 (1998).

27

The Marriage of Lynette Katare, http://caselaw. findlaw.com/wa-supreme-court/1609432.html; see also Califano v. Aznavorian, 439 U.S. 170, 176, 99 S.Ct. 471, 58 L.Ed.2d 435 (1978).

28

See generally U.S. House of Representatives Committee Repository, Hearing: The Goldman Act to Return Abducted American Children: Reviewing Obama Administration Implementation (Mar. 25, 2015), http://docs.house.gov/Committee/Calendar/ ByEvent.aspx?EventID=103249 (contains PDFs of witness statements).

15

16

Id.

Jeremy D. Morley, Latest U.S. Hague Abduction Convention Compliance Report (May 8, 2014), 17

Nashville Bar Journal - July 2015

19

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed monthly in the Nashville Bar Journal and will appear in our annual directory.

Contact Vicki Shoulders at 615-242-9272 or vicki.shoulders@nashvillebar.org if you have any questions. Thank you for supporting your local bar association!

Bradley Arant Boult Cummings LLP (108) Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (100) Butler Snow LLP (62) Bone McAllester Norton PLLC (38) Adams and Reese LLP (33) Sherrard & Roe, PLC (32) Lewis Thomason (29) Neal & Harwell, PLC (29) Stites & Harbison, PLLC (28) Dickinson Wright PLLC (26) Gullett, Sanford, Robinson & Martin, PLLC (26) Manier & Herod, P.C. (25) Burr & Forman LLP (24) Ortale, Kelley, Herbert & Crawford (22) Riley Warnock & Jacobson, PLC (21) Frost Brown Todd LLC (19) Leitner, Williams, Dooley & Napolitan, PLLC (16) Patterson Intellectual Property Law, PC (16) Cornelius & Collins, LLP (15) Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (15) Branstetter, Stranch & Jennings, PLLC (13) Brewer, Krause, Brooks, Chastain and Burrow, PLLC (13) Nelson Mullins Riley & Scarborough (13) Hall Booth Smith, P.C. (12) Spicer Rudstrom, PLLC (12) Legal Aid Society of Middle Tennessee and the Cumberlands (11) Watkins & McNeilly, PLLC (11) Smith Cashion & Orr, PLC (10) Dodson Parker Behm & Capparella, P.C. (9) Dollar General Corporation (9) Kay, Griffin, Enkema & Colbert, PLLC (9) Littler Mendelson, P.C. (9) Morgan, Akins & Clark, PLLC (9) Corrections Corporation of America (8) Lassiter, Tidwell & Davis, PLLC (8) Schulman, LeRoy & Bennett, P.C. (8) Howard Mobley Hayes & Gontarek, PLLC (7) Jones Hawkins & Farmer, PLC (7) Levine, Orr & Geracioti, PLLC (7) Parker, Lawrence, Cantrell & Smith (7) Taylor, Pigue, Marchetti & Blair PLLC (7) Buffaloe & Associates, PLC (6) Evans, Jones & Reynolds, P.C. (6) Hollins, Raybin & Weissman, P.C. (6) Keller, Turner, Ruth, Andrews, Ghanem & Heller, PLLC (6) Law Offices of John Day, P.C. (6) 20

Nashville Bar Journal - July 2015

Leader, Bulso & Nolan, PLC (6) White & Reasor, PLC (6) Wiseman Ashworth Law Group, PLC (6) American General Life Insurance Company (5) Farris Bobango, PLC (5) Haynes, Freeman & Bracey, PLC (5) Kinnard, Clayton & Beveridge (5) Loeb & Loeb, LLP (5) Martin Heller Potempa & Sheppard, PLLC (5) Reno & Cavanaugh PLLC (5) Rogers, Kamm & Shea (5) Trauger & Tuke (5) Cole Law Group (4) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Goodman Callahan Blackstone, PLLC (4) Hale & Hale, PLC (4) Holton & Mayberry, P.C. (4) Robinson, Reagan & Young, PLLC (4) Rothschild & Ausbrooks, PLLC (4) Rutherford & DeMarco (4) Shackelford, Zumwalt & Hayes, LLP (4) Surber, Asher, Surber & Moushon (4) Tennessee Justice Center (4) Weatherly, McNally & Dixon, PLC (4) Anderson & Reynolds, PLC (3) Cameron Worley, P.C. (3) Carney Elkins Curry, PLC (3) Grissim & Hodges (3) Ingram Content Group Inc. (3) Larry R. Williams, PLLC (3) Lieff, Cabraser, Heimann & Bernstein (3) Luna Law Group, PLLC (3) MTR Family Law, PLLC (3) Nashville Electric Service (3) Prochaska Quinn & Ferraro, P.C. (3) Sarah Cannon Research Institute (3) Shackelford, Bowen, Zumwalt & Hayes, LLP (3) Smythe & Huff (3) Southern Environmental Law Center (3) Southland Title & Escrow Co., Inc. (3) Tennessee Department of Revenue (3) The Law Office of Martin Sir & Associates (3) Trust Tree Legal (3) Vanderbilt University Law School (3) Video Gaming Technologies, Inc. (3)

Nashville Bar Journal - July 2015

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Disclosure Former judge Matt Sweeney, shareholder in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, was recently named chair of the National Judicial College (NJC) board of trustees. Sweeney has been a member of NJC’s board of trustees since 2011.

Legal Aid Society of Middle Tennessee and the Cumberlands, Tennessee’s largest nonprofit law firm has received a $40,000 grant from The Memorial Foundation to launch an Elder Law Program in parts of the region.

The new Elder Law Program will provide ongoing legal and educational services for seniors residing in Davidson, Cheatham, Sumner and Robertson counties. As part of the program, Legal Aid Society staff will present community seminars to empower seniors and their caretakers by addressing common legal issues faced by the elderly, as well as educating them on their rights and responsibilities. The Elder Law Program will also provide free civil legal services to qualified seniors.

Bryan K. Williams has joined the firm Gullett Sanford Robinson & Martin PLLC (GSRM).

Bryan joins the firm as a partner and will practice in the firm’s Business and Corporate section. Bryan’s law practice is focused on assisting and providing legal representation to businesses, entrepreneurs, individuals and professionals with their business transactions and commercial needs, as well as dispute avoidance. He earned his law degree from the University of Memphis Cecil C. Humphrey’s School of Law and a B.A. in political science from David Lipscomb University.

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Nashville Bar Journal - July 2015

\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 Samuel F. Miller, a shareholder in Baker Donelson, has been elected to serve as Chair of the Executive Council of the Intellectual Property Section of the Tennessee Bar Association. Miller will serve a one year term as chair of the section, which serves as a resource for more than 200 lawyers who practice in intellectual property or have an interest in building a practice related to the areas of trademark, copyright, trade secret and patent law which fall within this section. Mr. Miller has previously served two terms in this role from 2009 – 2010 and from 2011 – 2012.

He serves as Co-Chair of Baker Donelson’s Intellectual Property Litigation group and has an active nationwide practice where he advises, protects and defends businesses and individuals involved in intellectual property and technology matters.

Steve and Jeanne Thomas will serve as the 2015 community campaign co-chairs Legal Aid Society of Middle Tennessee and the Cumberlands’ Campaign for Equal Justice fundraising campaign. The goal this year is to raise $800,000 to support Legal Aid Society’s mission to advance access to justice across Middle Tennessee and the Cumberland Plateau. The community campaign supports this initiative by raising money from non-legal donors in Middle Tennessee. The Thomases have long championed Legal Aid Society’s cause. Not only have they offered financial assistance since the late 1970s, but Jeanne has also promoted Legal Aid Society as a potential beneficiary through the HCA Caring for the Community campaign at her place of employment. Steve Thomas is the co-founder and president of Thomas and Thorngren, a tax services firm with corporate offices in Nashville. Jeanne Thomas is Managing Counsel, Labor and Employment, for Hospital Corporation of America (HCA).

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Caldwell G. Collins was recognized by Baker Donelson with the firm’s inaugural Work-Life Warrior Award. The award was established to honor an attorney in the firm who demonstrates an ongoing commitment to excellence in maintaining a healthy work-life balance or has advocated on behalf of worklife balance issues for the benefit of others.

An associate in the Firm's Nashville office, Collins serves as co-chair of Baker Donelson's Women's Initiative Parental Leave Committee. In that role, she spearheaded the development and implementation of the firm's expanded parental leave policy.

Under the new policy, primary caregivers are eligible to take 16 weeks of paid leave, which can be taken consecutively or used intermittently over a 40-week period. Non-primary caregivers are eligible for three weeks of paid leave, which can be taken consecutively or used over a 20-week period. The policy applies to both male and female full-time and regular part-time attorneys. Due in large part to this progressive parental leave policy, Baker Donelson was recently named among the 50 Best Places to Work for New Dads in a report compiled by Fatherly, a digital lifestyle guide for men entering parenthood.

The Firm's policy has also been highlighted in numerous articles in publications across Baker Donelson's footprint.

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

Welcome New NBA Members!

Robert Akin Akin Maloney Sonia Boss Sonia Boss Law Christopher Buckley Butler The Law Office of Christopher B. Butler, PLLC Caroline Catchpole Shelby Dodson Christopher Murray Douse Baker, Donelson, Bearman, Caldwell & Berkowitz, PC*

Ashley Elizabeth Geno Brewer, Krause, Brooks, Chastain and Burrow, PLLC* Kerece Grant Michael Hemmelgarn Intelligent Office DeAnn Kilpatrick The Law Office of Martin Sir & Associates* Russell Lockard City of Franklin

2015 NBA PREMIER MEMBERS: Elizabeth A. Alexander Gail Vaughn Ashworth Joe P. Binkley Jr. Jonathan Bobbitt Charles Robert Bone Charles W. Bone Leilani Boulware Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos William T. Cheek III John Ray Clemmons Michael Clemons Dixie W. Cooper Patricia J. Cottrell Virginia Chase Crocker John A. Day Joy Day John Franklin Floyd Grant C. Glassford Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Aubrey B. Harwell Jr. Trey Harwell G. Miller Hogan II Paul T. Housch Margaret M. Huff Michael F. Jameson R. Jan Jennings Jordan S. Keller John D. Kitch William C. Koch Jr.

Irwin J. Kuhn Edward Dodson Lanquist Jr. Thomas W. Lawless Claudia Vettel Levy Randal S. Mashburn Carol L. McCoy Robert G. McDowell Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Dean Newton Mattison C. Painter Gregory J. Pease Tracy A. Powell David L. Raybin Jonathan E. Richardson Edgar M. Rothschild III Maria M. Salas Carolyn W. Schott Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon John T. Spragens Michael G. Stewart James Gerard Stranch IV James G. Stranch III 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

Janna Maples Reist & Maples, PLC Sean Brian McConn Brewer, Krause, Brooks, Chastain and Burrow, PLLC* Briana Marie Montminy Burr & Forman LLP* Spencer Powell Sam Schulte Emily Campbell Taube Burr & Forman LLP* Kyle Watlington Clark & Washington, LLC Hannah Webber * 100% Club

Dial-A-Lawyer is held the first Tuesday of each month. The public is invited to call in with basic legal questions.

June Volunteers:

Tom Lawless Doug Pierce Joe Rusnak Cully Ward To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

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.

Nashville Bar Journal - July 2015

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Classifieds

OFFICE SPACE

OFFICE SPACE BRENTWOOD OFFICE SPACE AVAILABLE: Window office space available in Brentwood, TN (Maryland Farms). Association of general practice attorneys.

Convenient to Williamson and Davidson County Courthouses and I-65. Use of spacious conference rooms, kitchen, wi-fi, copier, free parking, small storage all included. Call (615) 376-9800.

GERMANTOWN Single office space available for attorney in Germantown neighborhood just north of downtown Nashville. Close to the courts and downtown law firms but without downtown parking fees. Building constructed in 2011.

Conference room down the hall and your own parking space in our lot behind the building. (615) 800-8919.

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.

OFFICE SHARING Office sharing opportunity for attorney with small group of attorneys located at 305 14th Avenue North in Nashville. Convenient to courthouses with free on-site parking. Includes private office, reception area, conference room, library, kitchen, phone/ internet service and administrative support staff.

Contact julie.mogan@305lawoffice.com

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

Advertise your Office Space in the Nashville Bar Journal

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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: http://careerwebsite.com Employers:

Job Seekers:

- Place your job in front of our highly qualified members

- Search for & quickly apply to great, relevant jobs

- Set up Job Alerts so you are immediately notified any time a job is posted that matches your skills or interests

- Manage jobs and applicant activity right on - Create an anonymous job seeker profile our site 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 Nashville Bar Journal - July 2015

Thomson Reuters ............ Inside Front Cover NBA Directory Order ........ Inside Front Cover IPSCO ............................. Inside Back Cover First Tennessee Bank ................................. 21 National Academy of Distinguished Neutrals .................................................................. 11 NBA Career Center .................................. 24

www.nashvillebar.org

APPELLATE BRIEFS and ARGUMENT

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Elder Law Practice of Timothy L. Takacs .................................................... Back Cover

Thomas F. Bloom, JD ............................... 24

GERMANTOWN Office space for rent. Family association of attorneys in general practice. Restored historic house near Bicentennial Mall and the new Sounds stadium in Sulphur Dell. Large office available, and virtual office offered. Shared conference room, kitchen with free onsite parking. Call 615256-6681, ext 3

- Search our resume database of qualified candidates

Advertiser Index

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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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When I was hoping to change the world, the last thing I wanted to do was follow in my mother’s footsteps

(615) 824-2571 Toll-Free: (866) 222-3127 Family Website: www.tn-elderlaw.com

Now I’m wondering how I’ll ever fill her shoes.

If you’re a child of the 1960s, your may have watched your parents care for grandparents in your home. If you’re hoping to provide the same kind of care to your parents but don’t know how you will manage given the competing demands of work and family, help is available.

Elder Law Practice of Timothy L. Takacs offers a proactive new way to manage the care of aging loved ones. It’s called a Life Care Plan. Protect family assets, get the best possible care and create a plan of action for the future. You can be there for your elderly parents the way they cared for your grandparents.

Join the elder care revolution.

Professional Education Website: www.elderlaweducation.com #eldercarerevolution

Life Care Planning Elder Law Estate Planning Care Coordination