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FALL 2026 | VOLUME 26 | NO. 3

FEATURE

Tengo Un Secreto: The Role of Court Interpreters ALSO Do You Want to Know a Secret? Redactions

FLORIDA CASES? TRUST RICK ELLSLEY. (954)-888-7720 T HE E LLSLEY L AW F IRM , P.L.L.C. M AIN O FFICE : P LANTATION , B ROWARD C OUNTY , F LORIDA .

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FALL 2026 | VOLUME 26 | NO. 3

DEPARTMENTS 4 From the President Sherie Edwards

5 Hear Ye, Hear Ye

ARTICLES 11

Tengo Un Secreto: The Role of Court Interpreters

by Bart Pickett & Dawn Fisher

Tune Award Nominations 2026 Board of Directors Election Membership Renewals NBA Annual Meeting & Banquet NBF Grant Applications Fall Memorial Service YLD 23rd Annual EpiOn Race Judicata

6 Calendar of Events 26 barBites 30 CLE Schedule

Do You Want to Know a Secret? Tennessee Update on Non-Disclosure and NonCompete Agreements

40 Hearsay

by Ramona P. DeSalvo

47 100% Club

Redactions

COLUMNS

by Ellison Berryhill

15 Background Check Bart Pickett

19 Gadget of the Month

Bill Ramsey & Phillip Hampton

22 Capitol Notes

Peggy Sue, the Beagle Hound

FALL 2026 | NASHVILLE BAR JOURNAL

From The President Sherie Edwards

Fall has always been my favorite time of the year. When I was younger, I loved going back to school, the smell of new pencils (yes, I really am a nerd), buying a new lunchbox, and seeing my old friends and meeting new ones. I enjoyed finding out about new clubs that I could join, and I was definitely involved in several. As an adult, I’m still that girl that loves Fall, including everything pumpkin spice (I think my kids call that ‘basic’?), falling leaves, and the holidays. My family is big, loud, and loves to get together, and Thanksgiving and Christmas provide plenty of opportunities to have all

four generations together. So, how does all of this connect with the NBA? This Fall will give NBA members new ways to connect while continuing the wonderful traditions that we all enjoy. First, we are starting several new committees for you to join as you renew (see how I snuck that in there?). These committees should appeal to a wide cross section of our membership. They are: GOLD (Grand Older Lawyers Division): Gail Ashworth and John Tarpley had a vision. Well, they’ve had several visions over the years (ABA TIPS Leadership Academy, the Tennessee Bar Association’s Leadership Law (TBALL), and the Nashville Bar Foundation’s Leadership Forum are just a few). Seeing how much fun our YLD group has, they decided more seasoned lawyers need a program just for us. There are great plans in the works—a kickoff Happy Hour this fall, a mentoring program, an opportunity to serve the community through volunteer guardian ad litem work, and special programming throughout the year. The mentoring will kick off at the Annual Picnic on October 1—be sure to look for the stickers to indicate if you would like to serve as a mentor or would like to be mentored. All members aged 50 and over will automatically be included in this group, and there will be no dues to join this group this year as we get it off the ground. I hope you will join the fun and contribute your own ideas for programming and networking events. Pro Bono Committee: if you haven’t been an NBA member for several years, you may not know that Legal Aid of Middle Tennessee and the Cumberlands was started by the NBA. On February 9, 1968, Legal Services of Nashville, Inc. was incorporated by eight NBA members with a grant from the Office of Legal Services at the Office of Economic Opportunity (Federal). If you’d like to know more about the history of Legal Aid, I highly recommend Everyday Justice by Ashley Wiltshire. The Pro Bono Committee will take this full circle, by encouraging members with pro bono opportunities and training in the areas Legal Aid serves. This committee’s official Kick Off will be the week of October 26 with CLE programming. Please watch the NBA weekly newsletter for more information. COLT (Committee on Legal Technology): I confess, although I believe AI is a great tool, I’m a bit nervous about using it for everyday tasks. But, like it or not, AI and other technologies are here to stay and evolve, and we as attorneys have a duty of competence under TRPC Rule 1.1 to be competent in the technology that most of our clients are using. The goal of COLT will be to provide education in the form of CLE, articles, and perhaps the occasional email to help you stay on the cutting edge. The NBA will have an AI Day on October 8 at the Pinnacle Building (thank you to Pinnacle, our great Exclusive Banking Sponsor, for providing the space!). If it is (continued on page 5)

Sherie Edwards, Publisher William T. Ramsey, Editor-in-Chief Summer Geyer, Managing Editor Lauren Poole, Managing Editor Adrienne Bennett Cluff, Layout/Design/ Production EDITORIAL COMMITTEE Deji Adeniyi Ellison Berryhill Ramona DeSalvo Brittany Ford Seth Granda Candi Henry Timothy Ishii J. Bart Pickett Bryan Pieper Worrick Robinson Katlin Ryan Kristin Thomas Elizabeth Tipping NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published quarterly by the Nashville Bar Association, 150 4th Ave N, Ste 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, Nashville, TN 37219-2419. No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/ NashvilleBarJournal. The

Nashville

Bar

Journal

welcomes

discourse. You may submit counterpoint editorials

Adrienne.BennettCluff@

nashvillebar.org to be considered by the editorial committee for publication in a future print or online content. NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1350 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. Our mission is to improve the practice of law through education, service, and fellowship. The NBA — with around 2,500 members — is the largest metropolitan bar association

NASHVILLE BAR JOURNAL | FALL 2026

in Tennessee.

Sherie Edwards, President Beau Creson, President-Elect Ben Raybin, First Vice President Hon. Ana L. Escobar, Second Vice President Victoria Gentry, Secretary Billy Leslie, Treasurer Ashley Tipton, Assistant Treasurer Lela M. Hollabaugh, General Counsel Ryan Loofbourrow, YLD President Joseph Hubbard, Immediate Past President Cherrelle Hooper, First Vice President-Elect Josh Burgener, Second Vice President-Elect

anything like last year’s program, you will come away with a bit more confidence in your tech skills. Later this Fall, we are launching a committee for paralegals and legal assistants. We have been asked for this by this group, who qualify as non-voting Associate Members of the NBA. An Associate Membership would be a great way to show your very valuable assistants that you value their continuing education and networking (yes, that is a shameless plug). We are in the process of putting together the chairs of this committee. Please watch for the official launch and let your paralegals and legal assistants know this is on the horizon. This Fall also brings our Annual Membership Appreciation Month in September, our Member Picnic October 1, and our Annual Dinner and Meeting December 10, this year at the Conrad Hotel. I look forward to seeing you at these different events, I hope you’ll join these new committees and be sure to renew your membership before October 31 so that you can vote for our new class of Board members. Until next time, take care. n

BOARD OF DIRECTORS Daniel Clayton Jason Gichner Shellie Handelsman Jay Harbison Callie Hinson Lauren Kilgore S. Jae Lim Joy Longnecker Casey Miller Bart Pickett Tabitha Robinson Worrick G. Robinson IV Princess Rogers

Hear Ye, Hear Ye TUNE AWARD NOMINATIONS

We are now seeking nominations for the John C. Tune Public Service Award to be presented at the Annual Meeting & Banquet on Thursday, December 11, 2025. 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. To submit your nomination, email Traci.Hollandsworth@NashvilleBar.org no later than Friday, October 10, expressing why you believe your nominee is deserving of this prestigious award. Visit NashvilleBar.org/Awards for more information. n

Gil Schuette John Tarpley Leigh Walton Hon. Stephanie Williams Tyler Yarbro NBA TEAM

2026 BOARD OF DIRECTORS ELECTION

Members of the NBA will be electing six new directors to serve on the Board for a four-year term commencing January 1, 2027. The election will take place in November, and all members whose 2027 membership dues are postmarked no later than October 31 will be eligible to vote. n

Jeanne B. Heaton, Executive Director Adrienne Bennett Cluff, Marketing & Communications Coordinator Audrey Gifford, Member Database & Operations Coordinator Traci Hollandsworth, Director of Programs & Events Annie Holmes, Director of Public Legal Access Programs Corinna Saporito, Director of Membership & Development

MEMBERSHIP RENEWALS

It's time to renew your membership! The 2026 membership year ends on October 31. You may renew online at NashvilleBar.org/ Renew (it only takes a few minutes!), by contacting us at NBA_ Membership@nashvillebar.org or calling 615-242-9272. If your firm is part of Firm Billing with the NBA, please check with your administrator before renewing online. Thank you for your continued support and membership! n

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

FALL 2026 | NASHVILLE BAR JOURNAL

Calendar of Events

September

Committee Meeting 9 Historical 11:30am | Zoom

Diversity Summit 10 NBA 8:00am-5:00pm | Nashville School of Law

10-13 NBA Sister Cities Trip to France

October (cont.)

Committee Meeting 7 Diversity 11:30am-12:30pm | NBA Office

Committee Meeting 9 LRIS 12:00-1:00pm | Zoom

Costumes for Cocktails 15 YLD 5:30-7:30pm | Bastion

Service Committee Meeting 16 Memorial 12:00-1:00pm | Zoom

Service Committee Meeting 21 Memorial 12:00-1:00pm | Zoom

& Happy Hour 16 Headshots 5:00-7:00pm | Bass Berry & Sims

Counsel Section Quarterly Lunch 22 In-House 11:30am-1:00pm | Baker Donelson

Board Meeting 16 YLD 12:00-1:00pm | Barnes & Thornburg

Trustees Meeting 17 NBF 11:30am-1:00pm | NBA Office

Board Meeting 21 YLD 12:00-1:00pm | Baker Donelson

Book Club 28 NBA 5:00-7:00pm | Fait la Force Brewing

& Circuit Court Section Collegiality Coffee 18 Chancery November 10:30-11:30am | Metro Nashville Historic Courthouse Service at The Store 19 Community 11:30am-3:30pm | The Store

Board Meeting 3 NBA 4:00pm | Zoom

Firm Meeting with LAW 23 Solo/Small 12:00-1:00pm | Zoom

Happy Hour 4 NBFLF 5:00-7:00pm | Von Elrod’s

October

Annual Meeting 5 YLD 5:30-7:30pm | Jasper’s

22 NBFLF Opening Day for Class of 2027

3 Dial-A-Lawyer 6:00-8:00pm | NBA Office

Committee + Nashville Hispanic Bar Happy Hour Committee Meeting 24 Diversity 5 Diversity 5:00-7:00pm | Federales Nashville 11:30am-12:30pm | NBA Office

Annual FREE Member Picnic 1 NBA 5:30-8:30pm | First Horizon Park

Committee Meeting 11 Historical 11:30am | Zoom

23rd Annual EpiOn Race Judicata 3 YLD 11:30am | Zoom

Trustees Meeting 12 NBF 11:30am-1:00pm | NBA Office

Board Meeting 6 NBA 4:00pm | Lewis Thomason

12 & Davidson County Courts

5 Emeritus Recognition Lunch 6

Dial-A-Lawyer

6:00-8:00pm | NBA Office

Pro Se Clinic 12 Federal Federal Courthouse

New Admittee Intro Ceremony to Nashville

3:30-5:30pm | Metro Nashville Historic Courthouse

Federal Pro Se Clinic Federal Courthouse

Service Committee Meeting 18 Memorial 12:00-1:00pm | Zoom

19 Fall Memorial Service

26 NBA Office Closed | Holiday 27 NBA Office Closed | Holiday NashvilleBar.org/Calendar 6

NASHVILLE BAR JOURNAL | FALL 2026

Hear Ye, Hear Ye (cont.) SAVE THE DATE! NBA ANNUAL MEETING & BANQUET

Gather around for our annual meeting on Thursday, December 10, at The Conrad. A reception for our members will begin at 5:30pm followed by dinner and the program. Check your NBA Weekly Updates for more details! n

NASHVILLE BAR FOUNDATION GRANT APPLICATIONS

The Nashville Bar Foundation will soon begin accepting grant applications for 2027. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. Grant eligibility and application guidelines can be found at NashvilleBar.org/NBFGrantGuidelines. The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/ NBFGrantApplication and will be accepted between December 1, 2026, and January 15, 2027. n

FALL MEMORIAL SERVICE

Our Fall Memorial Service will be held on Thursday, November 29. The service begins at 11:00am. Stay tuned to upcoming NBA Weekly Update emails and NashvilleBar.org/MemorialService for a list of those who will be honored. A project of the NBA's Historical Committee, memorial services honor the memory of those Nashville lawyers and judges who have recently passed away. n

YLD 23RD ANNUAL EPION RACE JUDICATA

Join the YLD on Saturday, October 3, from 8:30am-11:00am, at Edwin Warner Park. The race offers 5k and 10k distances for runners and walkers as well as team competitions and exciting post-race activities such as yoga, a beer garden, and non-alcoholic mimosas. All proceeds benefit of ABLE Youth and Nashville Chapter of Achilles International. Visit NashvilleBar.org/RaceJudicata to register today. n

FALL 2026 | NASHVILLE BAR JOURNAL

NBA DIVERSITY SUMMIT 2026

The Next Chapter:

Diversity, Equity, and Inclusion in a Changing Legal Landscape

Thursday, September 10 8:00am-5:00pm

Nashville School of Law 6.0 Hours Dual CLE Credit

for just $99

NASHVILLEBAR.ORG/DIVERSITYSUMMIT

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2026 Member Appreciation Month September 1 - 4 | Photo Caption Contest

Submit your caption to a photo for a chance to win a $100 gift card. The winning caption will be featured in the Nashville Bar Journal!

September 1, 8, 15, 22, & 29 | Trivia Tuesdays

Every Tuesday, tune into the NBA’s Instagram story for a Trivia question. By answering correctly, you’ll be entered to win a $25 gift card!

September 4 | NBA Merchandise Store Opens

Proudly display your NBA loyalty and pre-order your special NBA branded merchandise during Member Appreciation Month from September 4 through September 30!

September 8 - 11 | LinkedIn Contest

Simply like and share a comment and/or photo on our post about an attorney who has impacted your legal career. By following the post’s guidelines, you’ll be entered for a chance to win a $100 gift card!

September 14 - 18 | Instagram Contest

Comment on our post sharing your favorite Nashville Bar Association event. By following the post’s guidelines, you’ll be entered for a chance to win a $100 gift card!

September 15 | NBA Member Exclusive Free CLE

Join us for a NBA Member Exclusive Free CLE: A Lawyer’s Guide to Managing Difficult Clients & Colleagues with Doug Brown. This seminar is free to NBA members!

September 16 | Headshots & Happy Hour

Join us for an exciting event hosted and co-sponsored by Bass, Berry & Sims; enjoy gorgeous downtown views, light appetizers, wine, craft beer, and get a new free professional head shot, thanks to our generous sponsor, FindLaw!

September 19 | Volunteer at the Store

Join the Community Relations Committee and and be part of a meaningful service opportunity while participating in a unique and inspiring experience supporting fellow Tennesseans.!

September 21 - 25 | NBA Member Benefit & Sponsor Giveaways

Be on the lookout for emails on how to enter our giveaways to win exciting prizes from our Member Benefit partners & sponsors.

October 1 | NBA Annual FREE Member Picnic

Our appreciation for our members doesn’t end with September. Don’t miss this year’s Member Picnic at a First Horizon Park! Enjoy a family-friendly, casual environment, taco bar, fun outdoor games, colleagues galore, and an open bar stocked with beer and wine.

Visit NashvilleBar.org/ThankYou for more information, details, and how to register for exclusive events

Tengo Un Secreto: The Role of Court Interpreters Bart Pickett serves as the State Trial Court Administrator for the Twentieth Judicial District

where he oversees the operations of the 18 State Trial Courts. Prior to that, he practiced as a trial attorney for Liberty Mutual Insurance Company.

Dawn Fisher is a certified court Intepreter and works on staff for the State Trial Courts. She grew up bilingual and bicultural in Mexico and moved to Tennessee in the fall of 2019. Outside of court, she loves spending time with her family and enjoys reading, cooking and gardening.

Court interpreters keep secrets for a living. In a single afternoon, one interpreter might relay a client's privileged admission to counsel, a victim's account of abuse, and a judge's ruling on a motion to suppress, all in a language most of the people in the room cannot follow. For individuals with limited English proficiency who appear every day in Tennessee courtrooms, the outcome of a case can depend not only on the facts and the law, but on the skill and integrity of the interpreter standing between them and the record. Tennessee does not have enough of them. As of this writing, the Administrative Office of the Courts (AOC) lists only 55 certified and 45 registered Spanish interpreters for all 95 counties despite Spanish being by far the most frequently requested language in the courts. If this issue's theme is secrecy, that shortage is the first secret worth telling. Equal Access to Justice Courts must provide a qualified interpreter for incourt proceedings at no cost to non-native English speakers. That right is rooted in constitutional principles and federal law, even though the Constitution never mentions interpreters directly. Due process under the Fifth and Fourteenth Amendments requires that parties understand proceedings affecting their liberty or property. In criminal cases, the Sixth Amendment rights to confront witnesses and assist in one's own defense are hollow if the defendant cannot understand what is being said. Congress reinforced language access through Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of national origin by recipients of federal financial assistance. Federal

regulations implementing Title VI, along with guidance from the U.S. Department of Justice, recognize that failing to provide meaningful language access to individuals with limited English proficiency may constitute unlawful national origin discrimination. Executive Order 13166 signed by President Clinton further directed federally funded agencies and their recipients to improve language access for limited English proficient individuals. That Executive Order has since been rescinded by President Trump, but the language access requirements generally remain in effect under Title VI.

"Tennessee does not have enough of them. As of this writing, the Administrative Office of the Courts (AOC) lists only 55 certified and 45 registered Spanish interpreters for all 95 counties despite Spanish being by far the most frequently requested language in the courts. If this issue's theme is secrecy, that shortage is the first secret worth telling."

In Tennessee, this framework is implemented through Tennessee Supreme Court Rules 41 and 42, which the AOC administers, credentialing interpreters and paying for their services according to language and certification level. Rule 42: Qualifications as a Gatekeeping Function Rule 42 establishes statewide standards governing

(continued on page 12)

FALL 2026 | NASHVILLE BAR JOURNAL

Feature Article (cont.)

the appointment and use of spoken foreign language interpreters in every Tennessee court. This rule creates a preference hierarchy favoring certified interpreters, followed by registered interpreters and, only when necessary, carefully vetted non-credentialed interpreters. These safeguards recognize that fluency in two languages does not automatically qualify someone to interpret legal proceedings. Credentialing also helps ensure that someone can be trusted with privileged information. Rule 41: Ethics as the Foundation of Professional Interpreting While Rule 42 addresses qualifications, Rule 41 addresses character requirements. Rule 41 requires interpreters to render a complete and accurate interpretation without adding, omitting, summarizing, or altering what has been said. Even statements that appear confusing, offensive, or nonresponsive to the interpreter must be interpreted faithfully rather than "cleaned up" for the court. Equally important to accuracy is impartiality. Interpreters must disclose actual or potential conflicts of interest before accepting an assignment and must avoid any conduct that creates the appearance of favoritism. An interpreter who has a personal relationship with a party, previously assisted law enforcement in the same matter, or has any financial interest in the litigation may be disqualified. But for a themed issue on secrets, Rule 41's confidentiality provision is the heart of the matter. Interpreters routinely hear privileged attorney-client conversations, sensitive witness interviews, settlement discussions, and sealed proceedings. Rule 41 requires them to protect that information and specifically emphasizes preserving attorney-client privilege. The same confidentiality also applies to the review of documents by the interpreter in preparation for the case and any translation of discovery for the client. For attorneys, this protection is essential. A qualified court interpreter functions as a neutral language conduit rather than a third party who destroys privilege. Clients must be able to communicate candidly with counsel through an interpreter without fear that confidential communications will later be disclosed.

NASHVILLE BAR JOURNAL | FALL 2026

The ethical obligation extends beyond the courtroom. Rule 41 also prohibits interpreters from publicly discussing cases or offering opinions about matters in which they have served, even when the information is not otherwise confidential. This restriction reinforces public confidence that interpreters are independent professionals rather than participants in the litigation. An attorney who suspects a violation can file a complaint with the AOC within 180 days, for review by a Grievance Committee.

How You Can Help Lawyers language by acting early.Nash Theprotect Nashville Baraccess Journal is the the The Nashville Bar Journal is Nash Counsel should notify the court as soon as an interpreter members—that delivers relevant and is needed. If requesting an interpreter for relevant the Davidson members—that delivers and CountyPublished State Trial Courts, you should in both both printmake anda request digital pla pla Published in print and digital online through trialcourts.nashville.gov/interpreter. your company’s company’s visibility! Attorneys should remain attentive during your visibility! proceedings for signs that interpretation problems, such as speaking over one another or talking too fast, that may be affecting communication. Interpreters, like court reporters, can only capture one person speaking at a time. Attorneys should remind each other or witnesses to not talk over each other so the interpreter can accurately convey what is being said. Finally, attorneys should also remember that interpreters are not legal advisors. Rule 41 expressly prohibits interpreters from explaining legal concepts, answering legal questions, or otherwise stepping beyond the role of interpretation. Their responsibility is to communicate precisely what is said, not to explain something to your client. Interpreters serve an essential role in ensuring justice, but we must appreciate that their role has parameters. By following the rules and observing the parameters for interpreters, attorneys help them to keep the secrets protected. n

ADVERTISE IN IN THE THE ADVERTISE

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hville Bar Association’s Association’s official award-winning, quarterly magazine—published exclusiv The Nashville Bar Journal is the Nashville Bar award-winning, Association’s official award-winning, quarterly magazine—published exclusivelyexclusiv for NBA hville Bar official quarterly magazine—published members—that delivers relevant and up-to-date information to over 2,500 attorneys and legal professionals across the Nashville area. up-to-date increase informationyour to over over 2,500 attorneys attorneys and legal professionals professionals across the the Na Na among fellow attorneys up-to-date to 2,500 legal across Published in bothinformation print and digital platforms, bevisibility sure to take advantage of thisand opportunity to target Nashville’s legal market and increase your company’s atforms, be visibility! sure to to take take advantage advantage of of this this opportunity opportunity to to target target Nashville’s Nashville’s legal legal market market aa atforms, be sure

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advertise in the Nashville Bar Journal For more information and rates, visit NashvilleBar.org/Advertise today! Contact Corinna Saporito at the NBA at Corinna.Saporito@NashvilleBar.org to start advertising.

Send news and press releases to Adrienne Bennett Cluff at

Adrienne.BennettCluff@nashvillebar.org

to share accomplishments and updates with fellow NBA members through the print & online Hearsay section!

NashvilleBar.org/Hearsay Individuals must be members of the Nasvhville Bar Association to be featured in the Hearsay section

NASHVILLE BAR JOURNAL | FALL 2026

Background Check | Elizabeth Foy Bart Pickett serves as the State Trial Court Administrator for the Twentieth Judicial District where he oversees the operations of the 18 State Trial Courts. Prior to that, he practiced as a trial attorney for Liberty Mutual Insurance Company.

If there’s anyone who can be a good confidant and hold your secrets, it’s my law school classmate and one of my best friends for over 20 years, Elizabeth Foy. Foy grew up in Old Hickory at her family’s lake house until high school when her family moved to Green Hills. Foy’s father, Quick, was a successful project manager at American Constructors having worked on some of Nashville’s biggest projects like the Country Music Hall of Fame. Foy’s mother, Marty, worked part-time at her family’s business. Foy attended the University School of Nashville beginning in 5th grade. She spent much of her childhood swimming competitively year-round. Following graduation in 1997, Kenyon College, a small liberal arts Episcopalian school in Ohio, recruited Foy to continue swimming competitively. During college, Foy became an All-American Award winner in Women’s Swimming and a NCAA Division III National Champion. Foy majored in Economics with plans to go work in D.C. After college in 2001, she moved to D.C. where she had a short stint with Bob Clement and Baker Donelson before landing a job working as a staffer for Wisconsin congressman Tom Petri for a couple of years. Foy had originally imagined herself moving to San Diego for warm weather and military men after D.C. but her time in Congress sparked her interest in law. She ultimately decided to go UT College of Law in 2004. She went thinking she would eventually return to D.C. for government work but after interning at the Knox County DA’s office, Foy found her love for criminal law. Following the bar, Foy moved to Nashville where she began as an Assistant District Attorney under Torry Johnson. She started in General Sessions then moved to Criminal Court, Division II. During her decade at the DA’s office she also worked as a DUI prosecutor, in Criminal Court, Division IV, and on the felony docket. In 2017, Foy made a complete career change and joined Liberty Mutual as field counsel where she represented the company’s insured individuals and businesses across Middle Tennessee. There she

appreciated the opportunity to learn civil procedure and the heavy motion practice in civil law. She stayed there for four years before going back to public service after feeling burnt out on trial work. She first started as the Legislative Liaison for the TN Department of Health before being promoted to Assistant Commissioner for Legislative Affairs and then the department’s Chief of Staff. In 2023, she switched to the Department of Correction as Deputy General Counsel. Not surprisingly, Foy again found herself being (continued on page 16)

FALL 2026 | NASHVILLE BAR JOURNAL

Background Check (cont.)

Mark Your Calendars named the Chief of Staff after less than two years at the department. She has been in that role for about a year and a half. In that position, Foy oversees the staff of the largest state department (about 6,000 employees statewide). Foy enjoys the opportunities to give back to her fellow citizens and colleagues that working for the State allows her. Foy’s dedication to public service extends beyond her job. She also serves on the Governor’s Council for Judicial Appointments where they evaluate applicants and make recommendations to the Governor for appellate court openings. She has found service on that commission as one of the most professionally satisfying endeavors she has done. It is really reassuring to her to see so many great lawyers across the state wanting to make the next step and serve in the judiciary. Foy has also been active in both the NBA and TBA. She currently serves on the NBA board and the NBF Leadership Forum Steering Committee. She is an NBF fellow and an alum of the NBF Leadership Forum. Through her professional and civic engagement over 20 years, Foy appreciates the friendships and connections and how those almost always come full circle. Foy married Mike Wilson, a former MNPD officer, in 2015. He now works for the Tennessee Alcoholic Beverage Commission as a special agent. The couple have two children Hailey, 8, & Beau, 6. They live in the Oak Hill neighborhood with their dog Belmont Bagel the Beagle. In her free time, which these days is somewhat lacking, Foy can be found playing golf, drinking wine, reading, or going to professional baseball games. n

NASHVILLE BAR JOURNAL | FALL 2026

Wednesday, September 16

Headshots & Happy Hour Bass Berry & Sims

Saturday, September 19 Community Service at The Store The Store

Thursday, September 24

Diversity Committee + Nashville Hispanic Bar Happy Hour Federales Nashville

Thursday, October 1

Member Picnic

First Horizon Park Saturday, October 3

YLD 23rd Race Judicata

Edwin Warner Park Thursday, October 15

Cocktails for Costumes Bastion

Wednesday, October 28

NBA Book Club Meeting

Fait la Force Brewing Thursday, November 19

Fall Memorial Service

Thursday, December 10

Annual Meeting & Banquet The Conrad

Visit NashvilleBar.org/Calendar to see more & register for upcoming events!

Welcome to the NBA Congratulations on your membership – thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact NBAFrontDesk@NashvilleBar.org with questions or to learn more.

New Members (May 1 - July 31) Frank Abernathy

Scott Gallisdorfer

Michael McMillan

Benjamin Adams

Grace Garlow

Lauren Miller

JoAnna Adkisson

Stephanie Garrett

Kenshandra Mitchell

Bridget Ahrens

Tim Gilbert

Emmily Mobley

Paul Arrowood

Jaske Goff

Jake Morizio

Issam Bahour

Loma Graham

Mary Mousa

Judge Rachel Bell

Bryn Grant

Vuong Nguyen

Connor Blair

John Griffith

Jody O'Brien

Annie Blanchard

Raychael Gross

Alana Perez

Jonathan Bogens

Kayla Hadash

Ben Perry

Jay Bowen

Drew Hallett

Mikayla Polski

Jalil Bowler

Sterling Hayes

John Porch

Chloe Witty Bremer

Britton Headden

Madelaine Register

Elijah Buffalino

Christopher Hermann

Bethany Robinson

Evan Bushart

Lorne Hiller

Claire Rowland

Brittany Byers

Grey Hollowell

Wende Rutherford

Kelly Cannon

Joy Huff

Isabella Ryan

Juliana Choate

Abbey James

Briana Shively

Terrance Clayborn

Omar Jamil

Stephanie Snow

Aubrey Corugedo

Margaret Janszen

Steven Soulios

Emily Crawford

Jim Jesse

Nancy Stabell

Adrienne Cummings

Victoria Jones

J.-D. Thomas

Grace Davis

Konrad Kotz

Don Thornburgh

Vincent Demps

Joshua Lee

Terry Trent

Abbie Dierbeck

Liam Little

Hannah Walling

Reilly Dodd

Andrew Lockert

Jay Wallis

Jamie Eleczko

Drake Lyle

Alisha Warner

Jenna Finbloom

Grace Magness

Trent White

Marcus Floyd

Allison McClellan

Amanda Williams

Cathy Forsyth

Lauren McCullum

Charlotte Winterton

Andrew Fowler

Jennifer McDonnell

Chris Yates

FALL 2026 | NASHVILLE BAR JOURNAL

JAMS Nashville Mediators & Arbitrators Highly Skilled Neutrals with Deep Subject Matter Proficiency

Barbara Bennett, Esq.

Hon. Patricia J. Cottrell (Ret.)

Hon. Bernice Bouie Donald (Ret.)

William H. Farmer, Esq.

Shelby Grubbs, J.D., FCIArb

The way forward

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Gadget of the Month | Artificial Intelligence, the Attorney-Client Privilege and Work Product: What You Don’t Know Can Hurt You (And Your Client) requires an attorney to possess a fundamental understanding of the technological mechanics of AI and GAI. An attorney must also check and understand and the terms of use for the AI and GAI tools that are used. The landscape of state, national and federal ethics rules, opinions and legal doctrines that govern attorney-client privilege waiver and third-party disclosure is rapidly evolving with the increased use of these AI tools.

I apologize for yet another article about Artificial Intelligence (AI). But AI seems to be a topic that lots of folks want to talk about. And, Generative Artificial Intelligence (GAI) is everywhere — document review tools, legal research tools, contract drafting tools, transcript generating tools, and so on. Use of these tools can impact, or cause friction with, a foundational pillar of the practice of law — the attorneyclient privilege. Protecting the attorney-client privilege and certain evidentiary privileges when using AI

THE BASICS Rule 1.6 of the Tennessee Rules of Professional Conduct and Rule 1.6(a) of the ABA Model Rules both provide, in part, as follows: “A lawyer shall not reveal information relating to the representation of a client unless [certain exceptions are present].’ This definition and duty are very broad; they cover all information, regardless of source, whether disclosure would harm the client, or whether the client asked that the information be kept secret. The attorney-client privilege, on the other hand, is an evidentiary rule codified in statutes and recognized at common law. It protects strictly confidential communications made between the attorney, his client, and their agents for the purpose of seeking legal advice. A breach or a waiver of the attorney-client privilege can be of great harm to a client in litigation and may result in the disclosure of sensitive and protected information to opposing counsel or other adversaries. Finally, the work product doctrine protects documents and materials prepared in anticipation of litigation

by or for a party. When an attorney uses a commercial AI or GAI model, the data is processed by third-party algorithms. Consequently, the data provided by the attorney may be logged and stored by the vendors of these tools. If an attorney uses GAI to generate case outlines, draft pleadings, and other deliverables, questions arise as to whether the outputs created by the tool retain work product immunity. Sharing the prompts that are given to the AI or GAI model with these external vendors may compromise the protection of sensitive client information. THE DANGER When an attorney interacts with an AI model, the data is fed into external servers and processed by third-party programs and algorithms. The vendors of these products may log or retain those communications. Often, these tools may use the information input by the attorney or the attorney’s staff to train the tools. As we all know, voluntary disclosure of privileged information destroys the attorneyclient privilege. The vendor providing the AI tool is third-party. So, is inserting that information into an AI tool, a waiver of attorneyclient privilege? Is the disclosure of client information by inputting it into these tools an ethical violation if assistants, paralegals, associates or other employees input client information into these tools? Does this change if the client inputs confidential information into an AI tool? (continued on page 20)

FALL 2026 | NASHVILLE BAR JOURNAL

Gadget of the Month (cont.)

ETHICAL GUIDANCE The ABA Formal Opinion 512 provides guidance for those who use AI tools for legal services. In short, it says that if you use these tools, you need to understand how they use your information before inputting data. Then, you must verify any output generated by AI and GAI tools. You must make sure the specific AI tool used for the task has robust security features. Therefore, standard, consumer-grade tools will probably not provide adequate protection for legal services. You must also tell your client you are using these tools and obtain their consent. Finally, you must supervise your personnel and establish clear policies for using AI tools. State bar associations are jumping on the bandwagon. So far, Florida, California, DC and New York have released similar ethics opinions or guidelines governing the use of AI and client information. WHAT ARE THE COURTS SAYING? I have found four cases so far that address these issues. United States v. Heppner (S.D.N.Y. Feb. 17, 2026) The SDNY ruled in a criminal case that a defendant’s written exchanges with a publicly available generative AI platform were not protected by either the attorneyclient privilege or the work product doctrine. The Court found that no attorney-client relationship existed with this public AI platform. The Court also held that users lack a reasonable expectation of confidentiality because the platform’s privacy policy provides that it discloses the use of inputs and outputs for AI training and reserves the right to share such data with third parties. The work product did not apply because the attorney did not request it. Warner v. Gilbarco, Inc. (E.D. Mich. Feb. 10, 2026) In an employment dispute, the defendants moved to compel a pro se plaintiff to produce all documents and information concerning her use of third-party AI tools in connection with the lawsuit. The magistrate judge denied the request, holding that the information sought was not discoverable because it was prepared in anticipation of litigation. The court also denied the

NASHVILLE BAR JOURNAL | FALL 2026

defendants’ request to overrule the plaintiff’s privilege objections or require a privilege log. Rejecting the argument that the plaintiff waived work product protection by using ChatGPT, the court held that a work product waiver requires disclosure to an adversary or in a way likely to reach an adversary. The court emphasized that GAI programs are “tools, not persons,” and disclosure to such a tool does not waive work product protection “in this drafting environment. Morgan v. V2X, Inc. (D. Colo. Mar. 30, 2026) In another employment case, a pro se plaintiff resisted disclosing the name of the AI tool he used, citing the work product doctrine. The court agreed that Rule 26(b)(3) protects the plaintiff’s mental impressions and litigation preparation materials. The court distinguished this case from Heppner, holding that, Rule 26(b)(3) of the Rules of Civil Procedure protects work product of a party. The court required the plaintiff to disclose the specific name of the AI tool used, noting that the plaintiff failed to demonstrate how identifying the tool would reveal mental impressions or case strategy. The plaintiff had submitted confidential information intended to be protected by an AI system. Thus, the defendant was entitled to know which AI system was used. The court amended the existing protective order with its own language, banning parties from inputting any confidential information into an AI platform unless the provider had disclosure protections in place allowing the removal and deletion of all confidential information upon user requested. The court recognized that this bars the use of most “low-to-no-cost” AI tools for confidential data, potentially disadvantaging pro se litigants because there are “real risks” of mainstream AI tools compromising confidentiality. Jeffries v. Harcros Chemicals Inc. (D. Kan. Mar. 25, 2026) In an environmental putative class action, the Court approved an amendment to an existing protective order to ban the use of public or “open” generative AI tools for all documents and information produced in discovery. The court observed that data submitted to a public AI tool is used to train and improve the system, and it would (continued on page 21)

be “practically impossible” to effectively claw back or delete such data once it has been processed. The court reasoned that restricting the parties to “closed” AI tools would facilitate the discovery process by “incentivizing more fulsome document productions.” SO WHAT IS THE BOTTOM LINE? In order to be safe, it is best to remember the following: 1. Keep counsel in charge of the use of AI. Document the file to demonstrate that the attorney is directing the use of AI by the firm or the client. 2. Address the use of AI at the outset of the case. For example, address the Rule 26(f) conference. Discuss AI tools protective of confidentiality and privilege from the start. 3. Create a written AI use policy and protocol. Specify the permissible tools, privacy settings, and record keeping requirements. Ban the use of public AI platforms. Only allow use of those that have the proper ‘guardrails” in place. 4. Include instructions in representation letters and agreement with vendors and experts.

Can You Name These People?

Golden Oldies

5. Do not provide confidential information to public AI systems. Disclose this policy to clients and everyone who may use confidential information or sensitive information. Tell your clients: “If the platform retains your inputs, uses them for training, or reserves the right to share them with third parties, you have no reasonable expectation of confidentiality, and neither does your attorney. You may lose protection.” 6. Invest in closed enterprise-grade AI tools. To safely utilize AI in litigation, businesses should utilize closed, enterprise-grade AI systems. In the context of protective orders, courts are requiring that AI tools have strict contractual safeguards— specifically, “zero data retention” policies and prohibitions on using user data to train underlying models. I hope I have adequately frightened you, warned you, and educated you, so you can use these AI tools safely and effectively. Please become familiar with what these tools can and cannot do, and use them with care and caution. n - Bill

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

Summer Golden Oldies We stumped you! Individuals are listed from left to right: Doug Brace and Tom Corts; Background: M. Taylor "Tad" Harris. n

FALL 2026 | NASHVILLE BAR JOURNAL

Capitol Notes

Peggy Sue, the Beagle Hound is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

“I will be with you until the last dog dies.” Once upon a time, there was a beagle puppy named Sally. Sally went to obedience school out of state and even played Division I athletics with all sorts of dogs in the sport of Fetch with frisbees, tennis balls, and sticks. She finished her graduate puppy schoolwork back in Tennessee where she also served as a graduate assistant for the UT Fetch team. On a professional basis as a mature dog, she became a partner in a big dog law firm. She also served her fellow dogs by joining and eventually leading their professional dog association as president. She also served on judicial dog regulatory commissions, such as the continuing puppy obedience commission. While not particularly engaged in the political puppy process, she did make a contribution to a blue tick hound dog presidential candidate. She had also made a puppy book social media post saying she would support a blue tick hound dog for state office. Fast forward a few years, and our now mature puppy applied for a judicial dog appointment. Only well qualified dogs need to apply for such prestigious appointments. Many dogs review the lengthy application, and ultimately the state’s big dog leader selects your name for nomination subject to legislative big dog confirmation. Typically, the legislative big dogs show great deference to the one big dog’s nominees and the nominee’s body of work. While this story showed reported comments to be sparse, Sally, the beagle’s limited political activity for a blue tick hound dog, rather than her many life accomplishments, led to her nomination never being considered for committee consideration or a floor vote. So, our sad story ends. Suffice it to say, our humans would never treat a dog that way. August Election Results. The primary elections are over, and the race to November now begins. In the Governor’s race, US Senator Marsha Blackburn faces Memphis Council Member Jerri Green. In the congressional arena for Davidson County, incumbent

NASHVILLE BAR JOURNAL | FALL 2026

Republican Scott DesJarlais faces Democrat Victoria Broderick again in the 4th District. Republican Johnny Garrett of Goodlettsville faces Democrat Mike Croley of Crossville in the 6th District formerly represented by John Rose. First term incumbent Republican Matt Van Epps of Nashville faces Democrat Darden Copeland also of Nashville. In the state legislative arena in Davidson County, House District 59 has two well funded candidates vying for the seat vacated by Caleb Hemmer who has chosen not to seek reelection. Bill Hancock who was unopposed in the Republican primary faces Mark Proctor who prevailed in a four candidate Democratic primary race by 78 votes. Turnout in Davidson County for the August election was around 18% of voters, with more choosing to vote in the 15 day early voting period than on Election Day. Constitutional Amendments. On the November general election ballot, the General Assembly has proposed three constitutional amendments for Tennesseans to consider. Each is a bit curious. Amendment #1 would revise a provision unchanged since 1796 concerning the right to bail and would permit the government to imprison someone awaiting trial

for many offenses without bail. Amendment #2 would prohibit the General Assembly from imposing a state property tax which the State has not had since 1949. Amendment #3 would establish a right for the victim of crime to be present and to be heard at all public proceedings involving the citizen accused.

Calendar Notes. Sept. 7 – Sept. 16 – Sept. 22 – Oct. 1 – Oct. 3 – Oct. 5 –

Labor Day holiday for state & federal offices; NBA Headshots & Happy Hour; First Day of Fall; NBA Member Picnic; YLD 23rd Annual EpiOn Race Judicata; Voter Registration Deadline for 2026 November Election; Oct. 14-29 – Early Voting Period for the November Election; and Nov. 3 – State & Federal General Election Day. n

Honoring Law Day 2026 For 150 years, Womble Bond Dickinson has helped clients solve problems, protect their interests, and navigate complex challenges. We are proud to join the Nashville Bar Association in celebrating Law Day and the enduring principles of justice, fairness, and the rule of law, today and every day. 1222 Demonbreun Street, Suite 1201, Nashville, TN 37203

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©2026 Womble Bond Dickinson (US) LLP Womble Bond Dickinson is the trade name of Womble Bond Dickinson (US) LLP and Womble Bond Dickinson (UK) LLP. For more information, please see www.womblebonddickinson.com/us/legalnotices

FALL 2026 | NASHVILLE BAR JOURNAL

Do You Want to Know a Secret?

Tennessee Update on Non-Disclosure and Non-Compete Agreements Ramona P. DeSalvo is a Nashville entertainment attorney, who concentrates her

practice in copyright, trademark, and entertainment law. DeSalvo recently was Vice President of Business & Legal Affairs at a national media company where she oversaw legal matters for the production of the online streaming platform of feature films, documentaries, podcasts, music publishing and recordings, and children’s programming. DeSalvo is a past president of Tennessee Lawyers’ Association for Women and is a Nashville Bar and American Bar Fellow. She earned her B.A. from University of California, Berkeley, and her J.D. from University of Cincinnati College of Law.

Attorneys routinely draft confidentiality and nondisclosure provisions, whether in employment or settlement agreements, or due diligence documents, among others. Interest piqued when such routine agreements were labeled “hush money,” implying something sinister. But are these types of contractual provisions enforceable? The typical lawyer answer is, “It depends.” It depends on the case facts, the language employed, and statutory changes. Tennessee courts generally enforce written nondisclosure agreements (NDAs) if they serve a legitimate purpose in protecting confidential information (like trade secrets) rather than suppressing competition. An NDA must be a legally enforceable contract, namely offer, acceptance, and consideration, along with a lawful purpose, capacity to contract, sufficiently definite obligations, and an absence of undue influence or duress. The protected information must be reasonably defined, and the information must be shared with the non-disclosing party.1 The confidential information must be non-public, even if it does not meet the statutory definition of a trade secret.2 Provided it meets these requirements, a contractual NDA is enforceable in Tennessee. If the subject matter of the NDA is a trade secret, it must be established that the confidential information has a commercial value such that the disclosing party will be economically harmed by a disclosure, and further, that the disclosing party has taken reasonable measures to maintain the secrecy of such information.3 Even if components of protected information are public, it could be a protectible trade secret by virtue of a “secret combination, compilation, or integration of the individual elements.”4 Merely reciting that information is a trade secret does not

NASHVILLE BAR JOURNAL | FALL 2026

render it so, when the information is general public knowledge or ascertainable by its public usage.5 Similarly, confidentiality/NDA provisions in a settlement agreement are valid provided the contract is legally enforceable. A settlement agreement is a mutual resolution of disputed claims, and it includes a dismissal of an action or the avoidance of litigation as consideration. Attorneys often carve out a small dollar amount from the financial settlement to reflect consideration for the confidentiality/NDA provision. However, one should not propose language preventing disclosure of confidential information to a party’s attorneys, tax advisers, or when disclosure is required by a court order, subpoena, whistleblower actions, other governmental, regulatory, or judicial processes, or otherwise protected by Tennessee or federal law. Effective December 7, 2022, the federal “Speak Out Act” became law, making unenforceable nondisclosure and/or nondisparagement provisions in a contract between employers and current, former, and prospective employees/contractors, and between providers of goods and services and consumers, if the parties agreed to the provision before a sexual assault or sexual harassment claim under federal, state, or tribal law arose.6 However, if such provisions were negotiated after such claims existed, the provisions are not invalidated by the federal statute.7 The Speak Out Act does not prevent enforcement of state laws governing such NDAs if state law is at least as protective of the right to speak freely as the Speak Out Act is. The federal statute becomes applicable on the date of the enforcement of the NDA rather than the date of sexual assault or harassment claim arose.8 Additionally, Tennessee enacted a statute regarding

nondisclosure of child sexual abuse in a settlement agreement. Such NDAs cannot have the purpose or effect of concealing child sexual abuse, and any such provisions are void and unenforceable as against public policy.9 Contractual remedies for breach of an NDA may include monetary damages, injunctive relief if warranted (and contractually permitted), and attorney fees, if contractually permitted. Tennessee’s Uniform Trade Secret Act allows actual or threatened misappropriation to be enjoined, damages, and attorney fees under certain circumstances.10 Closely related to NDAs are non-competition provisions which must be carefully crafted to avoid unlawfully restraining trade. If a person is prevented from working in an industry or using ordinary skills and knowledge, Tennessee, like most states, does not favor contractual non-competition provisions; however, some post-employment/contractor limitations are enforceable. In analyzing non-compete agreements, Tennessee developed a two-prong test: (1) does the employer/contracting party have a legitimate business interest properly protectable by a noncompete, and (2) is the restraint reasonable under the circumstances, particularly as to geographical and durational limitations.11 The legitimate, protectible business interests include trade secrets, confidential or other propriety business information, customer goodwill or relationships, and specialized training.12 “Reasonableness” of the restraint analyzes (1) the consideration for the agreement; (2) the threatened danger to the employer without the restraint; (3) the

economic hardship on the employee by the restraint; and (4) whether the restraint is adverse to the public interest.13 The scope and the geographical and durational limits of the restraint generally had been considered on a case-by-case basis, but a significant change occurred in 2026 when Tenn. Code Ann. § 50-1-210 became effective. The common law analysis remains effective, but the new statute creates rebuttable presumptions about duration of the restraint. For example, two years or less is presumed for employees/ contractors. Additionally, special “reasonableness” carveouts now exist with health care agreements14 for employee/contractor providers and physicians. Whatever is agreed upon, courts still may modify unreasonable restraints within an agreement.15 So, the answer is yes, secrets can be protected by contract, provided they are the “right” secrets that comply with governing law. n

Footnotes 1

See, Univ. of Tenn. Research Found. v. Caelum Biosciences,

Inc., 667 F.Supp.3d 734, 750-51 (E.D. Tenn. 2023) See, trade secret defined; Tenn. Code Ann. §47-25-1702(4);

see also, Federal Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq. Id.; Hctec Partners, LLC v. Crawford, 676 S.W.3d 619, 634-35

(Tenn. App. 2022) Wright Medical Technology, Inc. v. Grisoni, 135 S.W.3d 561,

590 (Tenn. App. 2001) Hinson dba Trivia Time v. O’Rourke, No. M2014-00361-

COA-R3-CV, at *5 (Tenn. App. Aug 25, 2015) 6

42 U.S.C. § 19401; §19403

Id. at §19403

Id. at §19404; Steward Partners Glob. Advisory v. Tucker,

23-CV-6532 (JGLC) (S.D. N.Y. Sep 16, 2024) at *8 - *9 9

Tenn. Code Ann. § 29-34-103; see, e.g., Salmon v. Fellowship

Bible Church of Williamson Cnty., M2024-00377-COA-R3CV (Tenn. App. Dec 23, 2024)(retroactive application of the statute has not been decided) 10

Tenn. Code Ann. § 47-25-1703 - § 1705

See, e.g., Murfreesboro Medical Clinic, P.A. v. Udom, 166

S.W.3d 674 (Tenn. 2005); Hasty v. Rent-A-Driver, Inc., 671 S.W.2d 471 (Tenn. 1984) 12

Medical Educ. Assis. v Mehta, 19 S.W.3d 803 (Tenn. App.

1999) 13

Id.

Tenn. Code Ann. §§ 63-1-148, 63-6-204, 68-11-25

Central Adjustment Bureau, Inc. v. Ingram, 678 S.W.2d 28

(Tenn. 1984); Tenn. Code Ann. § 50-1-210

FALL 2026 | NASHVILLE BAR JOURNAL

barBites | Fall Hot Toddy & Hot Noddy Lauren M. Poole joined Moore Ingram Johnson & Steele, LLP in January 2024 as an Associate in Workers’ Compensation and Insurance

Defense. In addition, Poole has extensive experience successfully representing clients in the areas of transactional and litigation matters involving insurance defense, bankruptcy, mergers and acquisitions, and creditors’ rights including collections. She also has experience in appellate advocacy, successfully arguing before the Tennessee Court of Appeals. Poole’s philosophy is to provide legal services for her clients that she would expect as a client herself. Poole is a member of the Nashville Bar Association and currently serves as Editor of the Nashville Bar Journal. She has written several legal articles and is a faculty member of the Tennessee Bar Association. Outside of the office, Poole enjoys spending her time traveling, listening to live music, and enjoying art.

Kitchen Notes Football is back and there is a breeze below 80 (hopefully). With the cooler temps we want warm, cozy cocktails and mocktails. Nothing soothes a sore throat from cheering on your favorite team like a hot toddy. A southern tradition that has endless possibilities to serve for guests or just to relax on a cool evening. The medicinal qualities of this drink are an old southern tradition of warm tea, honey, and a pinch of whiskey and lemon. Add cloves and cinnamon for a scent profile that can surely cure all ails as you fall into the autumn season. Sous Chef Bishop says, "I enjoy the smell, but prefer a broth."

Ingredients 8oz hot water 1 teaspoon honey 1 stick of cinnamon 8 whole cloves 1 thick slice of lemon 1 tea bag (earl gray, lemon ginger, or chai* for noddy) 2 oz of whiskey (follow your heart) *steamed milk

Directions Slice lemon and stud with cloves. Prepare honey. Boil water and steep tea per directions then pour in your favorite mug. Add cinnamon sticks. For a hot toddy, add a pour of whiskey. Stir in honey. For a noddy, you can add hot apple cider instead or chai tea with steamed milk.* n

Sous Chef Bishop

Thank You to Our 2026 Diversity Committee Sponsors

NASHVILLE BAR JOURNAL | FALL 2026

Redactions

Ellison Berryhill is an Appellate Attorney with the Nashville Public Defender's Office. His writing has been published in the Louisville Law Review, Virginia Journal of Criminal Law, and Michigan Journal of Law Reform. All work done for the Nashville Bar Association is in his personal capacity and does not represent the views of his employer.

All of us have information that we’d rather not be public. Litigants in appellant cases may especially feel exposed because they know at the end of the case there will be a very public, published opinion explaining the circumstances of the case and potentially saying that they’re wrong about everything. So, it makes sense that the Tennessee Supreme Court recently created a rule expanding and (potentially standardizing) redactions in appellate cases. As with all good legal analysis, let’s start with the text of the new rule. It updates Tennessee Rule of Appellate Procedure 20(B) to say that “all Confidential Information must be omitted or redacted from a Filing before the Filing is filed or submitted in an Appellate Court.” It defines “Confidential Information” as: “Information that is protected from public disclosure or is required to be kept confidential by Tennessee law, federal law, or court rule or order. Confidential Information includes but is not limited to: (i) personal identification numbers such as Social Security numbers, driver’s license numbers, taxpayer identification numbers, and passport numbers; (ii) financial account numbers, credit and debit card numbers, and passwords securing those accounts and cards; (iii) home addresses and contact information of informants, victims, witnesses, and persons protected under restraining or protection orders;

NASHVILLE BAR JOURNAL | FALL 2026

(iv) dates of birth; (v) names of persons known to be minors; (vi) case numbers of confidential, expunged, or sealed records in cases other than the one in which the Filing is made; (vii) information identifying a person receiving mental health or substance-use disorder services; (viii) information identifying victims of sexual offenses; (ix) medical information the confidentiality of which is protected by Tennessee or federal law; and (x) records of students in education institutions the confidentiality of which records is protected by Tennessee or federal law.” Whew, that’s a lot. Some of this is obvious. Don’t put someone’s social security number in your brief. Don’t put minors’ names in your brief. Some are less obvious. For example, “information identifying a person receiving mental health or substance-use-disorder services.” Does that mean that you must redact a section of a brief when you talk about someone receiving those services? Almost certainly. Does that mean that you have to redact the name of anyone who is receiving mental health or substance abuse treatment? Even if that is a litigant’s name? From the text of the rule, maybe. Then look at “medical information the confidentiality of which is protected by Tennessee

or federal law.” How does this interact with HIPAA? As we know, HIPAA applies to doctors, hospitals, insurance companies, and other vendors that handle patient data. As far as I know, it normally does not apply to lawyers representing people. But their health information is “protected by federal law” so maybe we need to redact all information contained in medical records even if we’re not typically under a HIPAA obligation. If so, this is a serious burden that we must now follow. On top of this, it has a broad definition of filing: “any paper filed or submitted, whether electronically or otherwise, in an Appellate Court and includes appendices, exhibits, and attachments filed or submitted with the Filing.” This rule applies to not just briefs but to pretty much any paper that you file with an Appellate Court. Be prepared to do redactions in a notice of appeal if necessary. So, what is the best method of complying with the new rule? The rule itself gives some guidance:

“whenever possible, Confidential Information should be omitted from a Filing, so that Confidential Information is simply not included in the filing at all.” If only it were that easy. If you absolutely must include Confidential Information in a filing, there’s a number of steps. First, you must redact the information. How? There are many ways. The rule says that “Redaction may be accomplished manually or by the use of technology, such as redaction software.” Further, “[w]hatever redaction method is used must protect the confidentiality of the redacted information and ensure that all Confidential Information, including all metadata, has been completely and permanently obscured or removed and cannot be restored or accessed.” So, if you’re using a software program to black out a redacted section, make sure that you do so in a way that prevents other people from un-redacting it. For example, don’t just add a black box that can be deleted later. There have been some high-profile instances of messing this up so don’t let that be you. Then, and finally, the rule provides a requirement that you include a certificate of compliance with the rule. Just like we are used to including a certificate of compliance for word count, there is a similar requirement for redaction. The rule is big, new, and scary, but hopefully this has given you a basic background of what to do. As with any rules, use your smart lawyer brain to determine when the rule applies and how it applies to your case. Act intentionally and

not with fear and I’m sure you’ll be fine. n

Footnotes 1

This article is heavily informed by an

excellent TBA presentation by William Gill, Ben Raybin, and Jacob Vanzin. 2

Note that Tennessee Supreme Court

Rule

46,

3.02(b)

says

documents

“shall be prepared through direct conversion from the word processing file to Portable Document Format and not through scanning of the original paper

document.”

This

seems

conflict with the new redaction rule’s permission to redact manually.

Lawyer Referral & Information Service

Are you looking for another avenue

for

revenue and referrals, specifically those tailored to your practice area? If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handles issues such as:

Real Estate Bankruptcy Employment Consumer Rights Tax Social Security Disability Worker’s Compensation For information on joining LRIS, please visit NashvilleBar.org/JoinLRIS or email LRIS@nashvillebar.org. We look forward to hearing from you!

FALL 2026 | NASHVILLE BAR JOURNAL

Continued Legal Education (CLE) The NBA is your source for cutting edge, quality continuing education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE.

September 10 | Live Seminar

September 17 & 18 | Live Seminar

Diversity Summit 2026

Government Practice Institute 2026

The Next Chapter: Diversity, Equity, and Inclusion in a Changing Legal Landscape Presented by the Diversity Committee

OVERVIEW

The biannual Diversity Summit is a full-day conference focusing on the importance of moving beyond conceptual ideas in diversity, equity, and inclusion and into creating actionable plans to address the disparities facing the legal profession and our society. This will be a one-day conference with CLE and Lunch included. A keynote speaker and interactive small group workshops will give attendees the tools to become champions and advocates of diversity, equity, and inclusion. The Diversity Summit will be recorded and added to our OnDemand Catalog. For a full agenda and list of speakers, visit NashvilleBar.org/DiversitySummit.

OVERVIEW

Join government attorneys, judges, and subject matter experts for two days of updates on legislation, administrative practice, ethics, artificial intelligence, public records, attorney wellness, employment law, and significant state and federal court developments. Join us after the close of Day 1 for a happy hour at Von Elrod’s Beer Hall & Kitchen! The Government Practice Institute will be recorded and added to our On-Demand Catalog. For a full agenda and list of speakers, visit NashvilleBar.org/GovtInstitute.

DETAILS

Seminar Day 1.. ........................... ............ .8:45am - 4:00pm Seminar Day 2............................ ............ .8:45pm - 3:00pm Credit............................................7.0 General & 3.5 Dual Location..................Tennessee State Library & Archives

COST

DETAILS

Seminar.. ..................................... ............ .8:00am - 5:00pm Credit.. ............. ......................................................6.0 Dual Location......................................Nashville School of Law

COST

Attendance................. ........................................ $99.00

Presented by the Government Practice Section

NASHVILLE BAR JOURNAL | FALL 2026

NBA Member Two Days ................................ . . . $430.00 NBA Member One Day....................... . . . ...... . . . .. $275.00 Non-Member Two Days............................. . . . . ... $525.00 Non-Member One Day............................... . . . . . $400.00 2026 All-Access CLE Pass Two Days.. . . . . . .. .... ...... $250.00 2026 All-Access CLE Pass One Day.. . . . . . . ............ $165.00 2026-27 NBA Membership + 2-Day Institute.. . ... $515.00 2026-27 NBA Membership + 1-Day Institute.. . ... $415.00 Law Student........................................................ $25.00 Happy Hour Only................................................. $10.00

Continued Legal Education (CLE)

September 15 | VIrtual Seminar

September 29 | Virtual Seminar

Free CLE:

Alcohol Impairment in Litigation: Science, Law, and Ethics in Dram Shop and DUI Cases

A Lawyer's Guide to Managing Difficult Clients and Colleagues Hosted Nashville Bar Association for Member Appreciation Month

OVERVIEW

Learn how to deal with tough clients and team issues easily. This session gives you straightforward tips to understand and manage expectations, talk better with people at work, and handle the usual stresses in law practice. If you're struggling with clients who expect too much or colleagues who don't get along, we have practical solutions to help you work smoother and feel better about your day. Perfect for any attorney feeling the pressure and looking for a better way.

PRESENTER

This program brings together experienced practitioners to explore the science of alcohol impairment, the use of toxicological evidence in litigation, and the legal standards that shape alcohol-related cases. Attendees will gain valuable insight into evaluating BAC evidence, developing case strategies, and understanding the role of experts in both civil and criminal matters. The program will also address key ethical considerations, client communication, and professional responsibilities when handling alcohol-related litigation.

PRESENTER David M. Lehmann, PhD, Intertox Inc.

Doug Brown, J.D.,

The Law Firm Leadership Coach

John Griffith,

Griffith Law, PLLC

DETAILS

Seminar.. ..................................... .............12:30pm - 1:30pm Credit......................................................................1.0 Dual Location....................................................................Zoom

COST

NBA Member..................................................... ... $0.00

Phil Harvey,

Harvey Criminal Defense Lawyers

DETAILS

Seminar.. ..................................... .........12:30pm - 2:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Zoom

COST

NBA Member....................................................... $45.00 Non- Member...................................................... $89.00 Law Student.......................................................... $0.00 2026 All-Access CLE Pass.................. . . . . . . ...... . . . .... $0.00 New Admittee....................................................... $0.00

FALL 2026 | NASHVILLE BAR JOURNAL

October 21 | Hybrid Seminar

October 29 | VIrtual Seminar

A Former Prosecutor’s Perspective on Preparing Cooperators in Criminal Cases

The NBA Estate Planning & Probate Institute 2026

Presented by the NBA Criminal Law Section

Presented by the NBA Estate Planning & Probate Practice

OVERVIEW

So you represent a client who wants to cooperate with the government. What steps should you take, and what pitfalls should you avoid, to ensure that your client’s cooperation is successful? What can you do to maximize your client’s cooperation benefits and minimize your client’s exposure? Please join Ben Schrader, the former Chief of the Criminal Division at the U.S. Attorney’s Office for the Middle District of Tennessee, as he offers insight into what makes for successful (and unsuccessful) cooperators in criminal cases, based upon his nearly 15 years of experience as an Assistant United States Attorney with the U.S. Department of Justice.

PRESENTER Ben Schrader,

Bass, Berry & Sims PLC

Section

OVERVIEW

The NBA Estate Planning & Probate Committee is pleased to present their annual 2026 Estate Planning & Probate Practice Institute. Join us on Thursday, October 29, at Nashville School of Law for an engaging program featuring top practitioners and thought leaders in estate planning and probate. For a full agenda and list of speakers, visit NashvilleBar.org/EPPinstitute.

DETAILS

Seminar.. ..................................... ............ ..8:30am - 5:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nashville School of Law

COST DETAILS

Seminar.. ..................................... ........... ..12:00pm - 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . . Bass, Berry & Sims PLC & Zoom

COST

NBA Member....................................................... $45.00 Non- Member............. ......................................... $89.00 Law Student.......................................................... $0.00 2026 All-Access CLE Pass.................. . . . . . . ...... . . . .... $0.00 New Admittee....................................................... $0.00

NASHVILLE BAR JOURNAL | FALL 2026

NBA Member...................................................... $275.00 Non- Member..................................................... $550.00 Law Student............................................... . . . ........ $0.00 2026 All-Access CLE Pass.................. . . . . . . ...... . .... $140.00

November 18 | Live Seminar

Cybersecurity & Generative AI Ethics: An Interactive Survey to Test Your Risk Awareness

Save the Date

Presented by Attorneys Insurance Mutual of the South (AIM) and the NBA Young Lawyers Division

OVERVIEW

Cyber risk has emerged as the top global business concern for 2026, followed by AI risks in second place. Lawyers are especially vulnerable because so much PII and confidential data are kept. Chances are good that a lawyer you know has been scammed or maybe you’ve heard about a firm being sanctioned for citing AI-generated fake cases. Daily legal practice now includes the operational risk of cybercrime. Small firms are hit hard because one incident can stop work for the entire firm. Join us for this interactive survey to test your risk awareness.

PRESENTER Sharon D. Stuart,

Tuesday, October 6

Family Law Institute

Thursday, October 22

Appellate Section Institute Thursday, October 29

Estate Planning & Probate Institute Tuesday, November 10

Veterans Day CLE: Law, Service, and Sacrifice

Attorneys Insurance Mutual of the South, Inc.

Friday, December 4

DETAILS

Seminar.. ..................................... ............ .12:00pm - 1:00pm Credit......................................................................1.0 Dual Location........... . . ..........................................NBA Office

Annual Entertainment, Sports, & Media Law Institute Friday, December 18

NBA Annual Ethics, Lies, & Videotape Part XIV

COST

NBA Member....................................................... $15.00 Non- Member...................................................... $20.00 Law Student......................................................... $0.00 All-Access CLE Pass........................... . . . . . . .......... ... $0.00

Visit NashvilleBar.org/Calendar to see more & register for upcoming seminars!

FALL 2026 | NASHVILLE BAR JOURNAL

Premier Members The NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost commitment and support to our programs and services. Contact NBAFrontDesk@nashvillebar.org for more information on how to become a Premier Member.

David Anthony Gail Ashworth Bahar Azhdari A.J. Bahou Laura Baker Judge Rachel Bell Dan Berexa Michael Berman Hon. Joe Binkley, Jr. Charles Bone Dewey Branstetter, Jr. Josh Burgener Kenny Byrd Chris Cardwell Loy Carney Mark Chalos Will Cheek, III Daniel Clayton Todd Cole Chris Coleman Erin Coleman Beau Creson John Day Joy Day Jackie Dixon Sherie Edwards Elizabeth Foy Keith Frazier Barry Gammons Dave Garrison Andy Goldstein John Griffin, Jr. Thomas Hager Hon. James Haltom Amy Hampton Shellie Handelsman Bill Harbison Jay Harbison Aubrey Harwell, Jr. Trey Harwell Paz Haynes, III

Lisa Helton Ellen Hendrickson Zack Henson Lela Hollabaugh Cherrelle Hooper Paul Housch Joseph Hubbard Jan Jennings Torry Johnson, III Jordan Keller Jenny Kiesewetter Lauren Kilgore John Kitch Bill Koch, Jr. Irwin Kuhn Ed Lanquist, Jr. Tom Lawless Billy Leslie Wendy Longmire Joy Longnecker Kim Looney John Manson Hon. Randal Mashburn Sam McAllester, III Marcia McShane Bob Mendes Casey Miller Margaret Moore Hon. Pat Moskal Joshua Mullen Phil Newman Paul Ney, Jr. Andrew Noell David Parsons Greg Pease Andrea Perry Ben Perry Bart Pickett Tracy Powell David Raybin Ben Raybin

NASHVILLE BAR JOURNAL | FALL 2026

Nathan Ridley Tabitha Robinson Worrick Robinson, IV Chris Sabis Marie Scott Bruce Shanks, Jr. Joe Shelton Rebekah Shulman Kimberly Silvus Eric Smith Laura Smith Saul Solomon Mike Stewart Gerard Stranch, IV Jim Stranch, III Chris Tardio John Tarpley Jim Todd Hon. Aleta Trauger Howard Vogel Michael Wall Leigh Walton Liz Washko Tara Waters Jim Weatherly Aaron Webb Carolyn Wenzel Memorie White Tom White Tom Wiseman, III Lang Wiseman Talley Wood Tyler Yarbro Ed Yarbrough Chris Yates Bill Young Stephen Young Remon Youssef Gulam Zade Stephen Zralek

TENNESSEE CHAPTER

Nashville Area Members recognized in 2025 for Excellence in the field of Dispute Resolution

Gail ASHWORTH (615) 254-1877

Kevin BALTZ (615) 651-6714

John BLANKENSHIP (615) 627-9390

Mary Beth HAGAN (615) 546-4070

Paul DeHOFF (615) 631-9729

Barry L. HOWARD (888) 305-3553

Mark LeVAN (615) 843-0308

Gayle MALONE, Jr. (615) 651-6775

David NOBLIT (423) 265-0214

Joshua OFFUTT (615) 802-8912

Michael RUSSELL (615) 815-0472

Warren SMITH (615) 256-1280

John TARPLEY (615) 259-1366

Mark TRAVIS (931) 252-9123

Jack WADDEY, Jr. (615) 973-2630

Ron WELLS (423) 756-5051

Kreis WHITE (615) 309-0400

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

For more information about NADN, please watch the short video at www.NADN.org/about

Mahjong Night | June 9, 2026

NASHVILLE BAR JOURNAL | FALL 2026

Happy Hours | Summer 2026

FALL 2026 | NASHVILLE BAR JOURNAL

Nashville Pride Parade | June 27, 2026

The 28th Annual YLD Carbolic Smoke Ball | August 14, 2026

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE! FALL 2026 | NASHVILLE BAR JOURNAL

Hearsay | Honors & Awards, On the Move, Firm News Honors & Awards Bradley Arant Boult Cummings LLP is pleased to announce that the firm has been presented with the 2026 Pro Bono Leadership Award from the Legal Aid Society of Middle Tennessee and the Cumberlands (LAS). Bradley received the award in recognition of the firm’s leadership in pro bono service. In 2025, attorneys and staff in the Nashville office volunteered 2,685 hours in pro bono service. Firm-wide, Bradley attorneys and staff performed over 17,500 hours of pro bono service at a value of $8.9 million. Bradley is pleased to announce that Stephen T. Braun, Jeffrey Buschmann, Kris Kemp, a n d J o h n T i t u s h ave been recognized in the 2026 Legal 500 U.S. City Elite list for Tennessee. The new Legal 500 U.S. Elite series highlights top lawyers at regional firms in key markets across the U.S., including Atlanta, Charlotte, Chicago, New York, and D.C., allowing clients to discover the best-of-the-best lawyers who are carrying out high-quality, market-leading work within specific practices in their respective city or region. The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2026 Top 10 Patent Firms and IP Practices in North America – South list. This is the firm’s fifth year being honored. The editorial and research

staff at The Patent Lawyer Magazine reviews law firms by country and jurisdiction based on a variety of criteria for the Top 10 lists. Examples of re-search criteria include recent legal achievements, recognition by third party rankings and honor directories, client testimonials, regular articles or presentations on timely topics and active participation in intellectual property organizations. Chambers High Net Worth selected Stites & Harbison, PLLC attorney Gregory D. Smith for inclusion in its 2026 guide in the category of Family/ Matrimonial for USA: Tennessee. He is one of only four attorneys honored for Tennessee. Chambers High Net Worth ranks top lawyers and law firms in the international private wealth market. This is Smith’s sixth time earning the honor. Smith is a Senior Member (Partner) of Stites & Harbison based in the Nashville office. He is a family law lawyer whose practice focuses on complex, difficult disputes between spouses and former spouses. Bradley is pleased to announce that partner J. Hunter Robinson and associate Erik Halvorson, attorneys in the firm’s Banking & Financial Services Practice Group, will receive the Tennessee Bar Association’s Justice Joseph W. Henry Award for Outstanding Legal Writing, the TBA’s highest legal writing honor. Established in 1981, the Joe Henry Award is given each year to the lawyer who writes the most

NASHVILLE BAR JOURNAL | FALL 2026

outstanding article that is published in the Tennessee Bar Journal for the preceding year. Mr. Robinson and Mr. Halvorson were selected for their article, “One Domino Falls: Tennessee Supreme Court Reshapes Foreclosure Claims,” which was published in the March/April 2025 issue of the Tennessee Bar Journal. Managing Intellectual Property (Managing IP) magazine has named Stites & Harbison, PLLC’s Tennessee attorneys to the 2026 “IP Stars” list. Managing IP recognizes the most highly regarded intellectual property attorneys in the U.S. The star attorneys are nominated by their peers and in-house counsel. Inclusion on the list is based on surveys, interviews and independent research conducted by Managing IP. “IP Stars” further separates honorees i n to t h e fo l l ow i n g c a te g o ri e s : Copyright, Design, Patent, Trademark and Transactions Stars. Copyright & Trademark Star, Alexandra MacKay and Patent Star, Richard S. Myers, Jr.

On the Move Bass, Berry & Sims continues the growth of its award-winning Litigation & Dispute Resolution Practice Group with the addition of Erin Palmer Polly as member in its Nashville office. Polly focuses her practice in the areas of business and commercial disputes, class action matters, provider-payor disputes,

and other high-stakes litigation. She

financial challenges with strategic

devices, the EU AI Act, and emerging

has tried cases in federal and state

advocacy, meticulous preparation,

state AI and privacy laws, to tackling

courts, as well as before arbitration

and practical counsel. Amanda

panels, and has developed significant

Williams joins the family law section

nuanced issues such as ethical

experience conducting internal

as an associate attorney. Williams

investigations.

represents clients in a wide range of domestic relations matters, including

Sherrard Roe Voigt &

divorce, child custody, child support,

Harbison, PLC is pleased

parenting plans, and post-divorce

to announce that Michael

disputes.

algorithm design, generative AI policies in the workplace, and the delicate balance between innovation and liability. Joining Bass, Berry & Sims as counsel is Stefan

Stahl has joined the firm as its new Chief Operating Officer, bringing more than fifteen years of leadership experience helping

R. Kostas. Kostas is one of four new attorneys

Firm News

that represent the latest additions

professional services firms create

Rogers, Shea & Spanos,

scalable commercial and operational

PLLC is pleased to

infrastructure, in industries spanning

welcome J. Jill Qualls

legal services, healthcare technology,

Baxter and Johnna L.

architecture/ engineering, and

Jones to the firm’s

management consulting. In his new

Nashville and Franklin,

role, Stahl will oversee the firm's

Te n n e s s e e o f f i ce s a s

business operations and strategic

associates in the Family Law area. A

initiatives, helping position Sherrard

former Partner with Baxter & Baxter,

Roe for continued growth while

PLLC, and with years of experience

enhancing the delivery of services

in the Court system, Baxter brings

to clients and supporting the firm's

a wealth of Family Law knowledge,

attorneys and professional staff.

experience, and advocacy to the

during a period of growth for Bass, Berry & Sims in line with an in-depth strategic assessment completed last year. Since the beginning of 2025, the firm has added more than 40 lateral attorneys nationally, including eight members. The firm also recently opened its Chicago office with the addition of partners from Reed Smith LLP. n

firm. Jones previously worked at The law firm of Gullett

Thompson Burton and while at

Sanford Robinson &

Vanderbilt University Law School

Martin PLLC (GSRM

interned with various Family Law

Law) is pleased to

courts.

announce the addition of two attorneys to the

Bradley is pleased to announce

firm’s family law section.

the launch of Accelerate Your

Alisha Warner joins the family law

Intelligence, the firm’s newest blog

section as counsel. As a family law

providing practical insights at the

attorney with nearly two decades

intersection of artificial intelligence,

of experience, Warner represents

law, technology, and innovation. The

clients in sophisticated domestic

firm’s Accelerate Your Intelligence

relations matters involving complex

blog will cover a variety of topics, from

financial issues, high-value marital

navigating regulatory frameworks

estates, and contested custody

such as federal oversight of AI in

disputes. Her practice is centered on

healthcare, the FTC’s guidance and

helping individuals navigate some

enforcement on AI, FDA’s evolving

of life’s most significant legal and

oversight of AI-enabled medical FALL 2026 | NASHVILLE BAR JOURNAL

Get to Know Sherie Edwards We had the opportunity to talk with our 2026 NBA president, Sherie Edwards, to get to know her better.

but especially my son, a huge debt of gratitude for the sacrifices they made so that I could obtain my law degree.

Which living person do you most admire? There are several, but the one I most admire is my daughter Victoria Cundiff. She has been open, transparent and authentic about her struggles with mental health, even sharing those struggles in a Tennessee Bar Journal column (when I was President) which was then picked up by the ABA for one of their publications and has helped countless people. She is an amazing mom, wife, and daughter and my closest friend (someone once called us the “Gilmore Girls” and that’s pretty accurate).

If you were to die and come back as a person or a thing, what would it be? I’d come back as one of my dogs because, dang, they have a good life!

What is your current state of mind? Content. My family is happy and healthy, I have wonderful friends with whom I enjoy spending time, and the work I am privileged to do as NBA President and as a volunteer in the community and with various legal organizations gives me purpose far greater than myself. What do you consider the most overrated virtue? Modesty. Women especially have difficulty receiving a compliment or taking credit for hard work on a project. If someone compliments you, smile and thank them. If you’ve done something awesome, make sure to take credit. Otherwise, no one will know, and you may miss out on a golden opportunity in the future. Which words or phrases do you most overuse? “Seriously????”, followed in close second place by “Go Birds” (if you know, you know). Which talent would you most like to have? My dad was an exceptional steel guitar player and played professionally my entire life. My grandson is now an exceptional musician and intends to make that his career. I would love the ability to play an instrument effortlessly but, after 8 months of lessons, I’m still trying to figure out sharps and flats on the piano. But it will come, eventually! What do you consider your greatest achievement? Finishing law school as a single mom while working full time in a management position at a local hospital. I attended Nashville School of Law and never would have been able to go to law school otherwise. My son, who is my oldest, took care of his sisters while I was at school. I owe all of my children,

What is your most treasured possession? I have two: a crocheted blanket that my paternal grandmother made for me for my 21st birthday, and a picture of my dad and grandson hugging each other Easter of 2016, a few months before my dad passed away. That picture just exudes love. What is your most marked characteristic? Kindness, a goofy sense of humor and my baking abilities What do you most value in your friends? I have a small group of true friends that know they can call me anytime, day or night, and I can do the same with them. They keep my confidences, make me laugh, don’t think I’m too weird, and share my love of independent films and good food and wine. Which historical figure do you most identify with? Mary Dyer, my great grandmother times ten. She was hanged on Boston Common on June 1, 1660 because she stood fast and would not renounce her Quaker faith (she was also one of the founders founders of Rhode Island). It isn’t so much that I identify with her as I aspire to emulate her—standing my ground and speaking out for what I believe is right and just. Who are your heroes in real life? My mom and my brother (and his sons). My mom left everyone she knew in Philadelphia to start a new life in Hendersonville with my sister and me and while pregnant with my brother. She did that selflessly so that my dad could pursue his dream of being a professional steel guitar player (which he did, very successfully). She could have said ‘no’ and that would have been the end, but she encouraged his dreams. My brother started with the Hendersonville First Department 30 years ago and was named Fire Chief this year, and his sons have followed in his footsteps. To be ready to selflessly put your own safety aside to save others makes them heroes to me. What is your motto? Be kind, work hard, and stay humble. Oh, and Go Birds. n

2026 Board of Directors

Sherie Edwards, President

Beau Creson, President-Elect

Ben Raybin, First Vice President

Favorite Event: The picnic because of the opportunities to meet new members. Fun Fact: When I was 10 I was part of the taste testing group for Jolly Rancher candy.

Favorite Event: Cocktails for Costumes - only event that allows for costumes and supports a great cause! Fun Fact: I love taking my kids to local outlying communities and exploring the local experiences.

Favorite Event: The High School Mock Trial Competition. I help coach the USN team and it's fun to see how great they do after months of hard work. Fun Fact: I am growing a Venus Fly Trap - and yes, it does eat flies!

Community Volunteer

Sims|Funk

Raybin & Weissman

Hon. Ana L. Escobar, Second Vice President Victoria Gentry, Secretary

William H. Leslie, Assistant Treasurer

Favorite Event: Mahjong Night! Favorite Event: I enjoy playing trivia with the NBA! Fun Fact: I adopted two cats name Mary Kate and Fun Fact: My husband and I met while performing in a high-school musical. Ashley. They rule my house.

Favorite Event: It's hard to pick. I love the picnic, Law Day, and the Annual Dinner. Fun Fact: I Love all things travel. Making memories and seeing the world is better than collecting stuff.

General Sessions Judge, Division III

The Immigration Group PC

Wilson Elser Moskowitz Edelman & Dicker LLP

Ashley Tipton, Assistant Treasurer

Lela M. Hollabaugh, General Counsel

Ryan Loofbourrow, YLD President

Favorite Event: Law Day because of the opportunity to celebrate the occasion with fellow attorneys. Fun Fact: Traveling to new places with my husband and new daughter.

Favorite Event: The Annual Banquet. I love this event because it celebrates the holidays and all the annual accomplishments of the Bar and its members. Fun Fact: I enjoy puzzles and games.

Favorite Event: Arts Immersion because it has a unique twist on a reception benefiting a great cause. Fun Fact: I enjoy hiking and camping, although recently I've preferred furnished cabins over tents.

Joseph Hubbard, President

Cherrelle Hooper, First Vice President-Elect

Josh Burgener, Second Vice President-Elect

Favorite Event: The High School Mock Trial competition. It gives us the opportunity to invite the community into our profession. Fun Fact: My wife and daughters love animals, so we got a new cat—bringing the total number of feet in our household to 32!

Favorite Event: It is impossible to pick just one- I do enjoy the picnic because it brings together so many of my attorney friends from various practice areas across the profession. Fun Fact: These days, I'm cherishing the milestones as my baby discovers herself and the world.

Favorite Event: Annual Picnic Fun Fact: I was born and raised in New York City and finally got to see the Knicks win an NBA Championship

Anderson & Reynolds PLC

Polsinelli, PC

Bradley

Tennessee Housing Development Agency

Baker Donelson

FBT Gibbons

FALL 2026 | NASHVILLE BAR JOURNAL

2026 Board of Directors (Cont.)

Daniel Clayton

Law Office of Daniel Clayton

Jason Gichner

Tennessee Innocence Project

Shellie Handelsman Handelsman Law

Favorite Event: The NBA Member Picnic is my favorite event of Favorite Event: The NBA Picnic - I love getting to see the year. It feels like a high school reunion. I get to check in with so many members of the bar! lawyers who I rarely see but were hugely influential in my career. Fun Fact: One of my favorite summer activities is Fun Fact: I love fishing. Fly fishing is my favorite. Standing in playing lawyers league softball with the Nashville Bar. a river is about the only place where I know how to stay still.

Jay Harbison

Callie Hinson

Lauren Kilgore

Favorite Event: The Annual Banquet (specifically, the cocktail hour).

Favorite Event: Race Judicata—it brings together wellness, connection, and community while reminding us to prioritize ourselves. Fun Fact: My dad taught me to make crowns from table napkins—a skill he picked up waiting tables in college.

Favorite Event: Law Day. I find it so inspirational and a great chance to connect with colleagues! Fun Fact: I love taking my three daughters down the Harpeth during the hot summer months!

S. Jae Lim

Joy Boyd Longnecker

Casey Miller

Sherrard Roe Voigt & Harbison

United States Attorney's Office

Womble Bond Dickinson (US) LLC

Barnes & Thornburg, LLP

Sony Music Nashville

Bradley

Favorite Event: Annual picnic. My kids love the swag Favorite Event: Law Day! Fun Fact: Gardening — it's a grounding, humbling, from our generous sponsors. and rewarding labor of love. Fun Fact: I swam with the sharks this summer.

Favorite Event: Race Judicata for spending time outside with family and friends while supporting great causes. Fun Fact: I enjoy SCUBA diving and Georgia football.

Bart Pickett

Tabitha Robinson

Worrick G. Robinson IV

Favorite Event: The picnic is my favorite because I like door prizes. Fun Fact: 2008 Tomato Art Fest Redhead Contest Winner

Favorite Event: The annual picnic, and for many reasons: the family-friendly environment, delicious barbecue, Deb Varallo's Girl Scout cookies, and the raffles! Fun Fact: I play saxophone and teach saxophone lessons at the W.O. Smith Music School.

Favorite Event: The NBA Softball League is a fun way to spend a night each week in the summer meeting new attorneys and spending time with colleagues you haven't seen in a while. Fun Fact: I'm a new grandfather and I seem to have forgotten more than I remember about caring for infants. But it's been a great way to spend my down time.

Metro Nashville Davidson County Trial Courts

Nashville Electric Service

NASHVILLE BAR JOURNAL | FALL 2026

Worrick Robinson, IV

Get the NBA All-Access CLE Pass The NBA is offering exciting member benefits, including the new All-Access CLE Pass.

Princess Rogers

Gil Schuette

Favorite Event: The picnic because it's a rare time we put titles aside to enjoy each other, eat good food, and create lasting memories. Fun Fact: I am a published author.

Favorite Event: NBA Banquet - reconnecting with old friends and colleagues, celebrating the collegiality that makes Nashville's bar special. Fun Fact: I love hiking in national parks, it's a favorite way to unplug and recharge.

John Tarpley

Leigh Walton

Favorite Event: The Annual Banquet. I love seeing friends there who I have missed over the year. Fun Fact: I grew up on a farm and love to grow things. I can grow vegetables and plants easily. And, I love to tell stories about the farm.

Fun Fact: I am a painter, a hobby I enjoy because you really can’t make mistakes, in sharp contrast from practicing law.

Office of the District Attorney General

Lewis Thomason

Sims|Funk

Bass, Berry & Sims

For $199, members may register for an unlimited number of any NBAproduced* seminars, both online and in-person throughout the membership year (November 1, 2026 through October 31, 2027**). The All-Access CLE Pass is exclusive to NBA members only and available to purchase when renewing. For details and more information regarding the All-Access CLE Pass, contact our CLE Department at NBA_CLE@NashvilleBar.org. *Some exclusions for All-Access CLE Pass usage apply for special programming

Hon. Stephanie Williams

Tyler Yarbro

Metro Department of Law

including

Favorite Event: Member Picnic because it’s good to see everyone in such an easy, relaxed environment. The energy is great! Fun Fact: I love staying at home and doing nothing!

Favorite Event: The NBA banquet and membership meeting is my favorite because it feels festive and draws a broad mix of NBA members. Fun Fact: I enjoy family debates on the topic of our country's best president.

Institutes, Master Series speakers, travel-

Fourth Circuit Court, Davidson County

but

not

limited

CLE

related CLEs, some YLD seminars, and other seminars in which we partner with outside entities. **The

All-Access

CLE

Pass

expires

annually on October 31 and may not be used to register for seminars beyond that date.

NashvilleBar.org/CLE FALL 2026 | NASHVILLE BAR JOURNAL

YLD 23RD ANNUAL EPION RACE JUDICATA SATURDAY OCTOBER 3, 2025 8:30 AM - 11:00 AM

EDWIN WARNER PARK NASHVILLE, TN BENEFITTING ABLE YOUTH & NASHVILLE CHAPTER OF ACHILLES INTERNATIONAL

5K & 10K OPTIONS

FOR RUNNERS AND WALKERS AS WELL AS TEAM COMPETITIONS AND EXCITING POST-RACE ACTIVITIES SUCH AS YOGA, A BEER GARDEN, AND NON-ALCOHOLIC BEVERAGES.

NASHVILLEBAR.ORG/RACEJUDICATA OR USE THE QR CODE ABOVE

100% Club Thank you for supporting your local bar association! The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. To become a part of the NBA's 100% Club, contact NBAFrontDesk@NashvilleBar.org and support your local bar association today!

Anderson & Reynolds, PLC

Matt Hardin Law, PLLC

Belcher Sykes Harrington, PLLC

May & McKinney, PLLC

Bradley

McCracken Kuhn Marks PLLC

Brewer, Krause, Brooks, Chastain & Meisner, PLLC

McGlinchey Stafford, PLLC

Butler Snow, LLP

Mobley & Gontarek, PLLC

Cole Law Group, P.C.

Nashville Electric Service

Collins Legal, PLC Constangy, Brooks, Smith & Prophete, LLP

Nelson, Mullins, Riley & Scarborough, LLP North, Pursell & Ramos, PLC

Cornelius & Collins, LLP

Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

Dickinson Wright, PLLC

Ortale Kelley Law Firm

Dodson Parker Behm & Capparella, PC Equitable Trust Company Evans, Jones & Reynolds, PC Fisher & Phillips LLP Frazer PLC Griffin | Bowen, PLLC Grissim & Hodges Gullett Sanford Robinson & Martin PLLC

Parker, Lawrence, Cantrell & Smith Patterson Intellectual Property Law, PC Phelps Dunbar LLP Polsinelli, PC Raybin & Weissman, PC Reno & Cavanaugh, PLLC Riley & Jacobson, PLC Ryan C. Davis Law, PLLC

Healthcare Realty Trust, Inc.

Sherrard Roe Voigt & Harbison, PLC

Holton & Mayberry, PC

Sherwood Boutique Litigation, PLC

K&L Gates LLP Keller, Turner, Andrews & Ghanem, PLLC Kinnard Law

Sims|Funk, PLC Smith Cashion & Orr, PLC Spicer Rudstrom, PLLC

Klein Solomon Mills, PLLC

Stranch, Jennings & Garvey, PLLC

Law Offices of John Day, PC

Taylor, Pigue, Marchetti & Blair, PLLC

Legal Aid Society of Middle TN Leitner, Williams, Dooley & Napolitan, PLLC Lindsey Amonette McCarter Beauchamp + Glassford PLLC Martin Heller Potempa & Sheppard, PLLC

The Tennessee Justice Center Watkins & McNeilly, PLLC WelbornMalone plc Wiseman | Ashworth | Trauger | Moore | Silvus

FALL 2026 | NASHVILLE BAR JOURNAL