Nashville Bar Journal | Summer 2025

SUMMER 2025 | VOLUME 25 | NO. 2

FEATURE Amending the Constitution ALSO

Nashville Bar Foundation: In Focus

A Sampling of Constitutional Issues Before the US Supreme Court: 2024 Term Cybersecurity and Data Protection: Protecting Law Firms from Rising Digital Threats

Nashville Bar Association’s

28th Annual FREE Member Picnic WEDNESDAY

17

SEPTEMBER

5:30pm - 8:30pm

First Horizon Park

New Locatio

n!

Nashville Sounds Stadium

19 Junior Gilliam Way, Nashville, TN 37219

Join us for an exclusive evening with the Nashville Bar Association at First Horizon Park during Member Appreciation Month.

Enjoy a family-friendly, casual environment, taco bar, fun outdoor games, colleagues galore, and an open bar stocked with beer and wine.

Save your spot today at

NashvilleBar.org/Picnic To learn more about sponsorship opportunities, visit NashvilleBar.org/PicnicSponsorships

SUMMER 2025 | VOLUME 25 | NO. 2

DEPARTMENTS 4 From the President Joseph Hubbard

5 Hear Ye, Hear Ye

ARTICLES 11

Amending the Constitution

by Summer Geyer

22

Nashville Bar Foundation: In Focus

25

A Sampling of Constitutional Issues Before the US Supreme Court: 2024 Term

by Candi Henry

Tune Award Nominations 2025 NBFLF Graduation 2025 Pride Parade Annual Member Picnic 27th Annual Carbolic Smoke Ball 2025 Board of Directors Election Have an Idea for a CLE?

8 Calendar of Events 30 barBites 33 CLE Schedule 44 Hearsay 47 100% Club

by Susan McDonald

COLUMNS 28

Cybersecurity and Data Protection: Protecting Law Firms from Rising Digital Threats

by Doug Geoffrey

17 Background Check Bart Pickett

19 Gadget of the Month

Bill Ramsey & Phillip Hampton

23 Capitol Notes

Peggy Sue, the Beagle Hound

SUMMER 2025 | NASHVILLE BAR JOURNAL

3

From The President Joseph Hubbard

One of the great strengths of a municipal bar association like the NBA is our connection to our local community. We live where we work, and we have the opportunity to serve our neighbors and develop relationships with each other in ways that other bar associations cannot.

From my perspective, that local connection extends first and foremost to those who work in and around the courts, both in Davidson County and throughout the Middle District. The judges, clerks, deputies, and other courthouse staff do so much important work that impacts the people and businesses of Tennessee and others beyond our borders. Those public servants make the practice of law possible for many attorneys, including me.

Our relationship with the judiciary is important to the NBA, and NBA leaders have been seeking ways to reaffirm and grow that connection. Jeanne Heaton, Sherie Edwards, and I have spent the last couple of months meeting with our state and federal trial court judges to identify more ways to collaborate, connect, and communicate with the judiciary. In the coming months, we hope to build on those conversations with some new opportunities for you.

I’ve also learned a lot just by listening to our judges. During one meeting, former NBA president, Hon. Barbara Holmes, remarked to me on the history of Law Day and the non-partisan ideals which led to its establishment. I take a page out of her book to share some of that history here.

In 1958, President Eisenhower proclaimed Law Day as a day of national dedication to the principles of government under law. Eisenhower, a former five-star Army general during World War II, knew what a society without rule of law looked like. In a speech broadcasted on April 30, 1958, Eisenhower said, “In a very real sense, the world no longer has a choice between force and law. If civilization is to survive, it must choose the rule of law.”

It is no small accident that Law Day occurs on May 1, which Congress officially designated by joint resolution in 1961. In other parts of the world, that date marks May Day, or the International Workers’ Day. May Day had communist overtones in the minds of Americans, and Eisenhower and Congress were happy to suppress its celebration here. The Soviets held massive military parades on May Day, where soldiers and citizens marched past Lenin’s tomb in Red Square alongside military armaments. One year, Kliment Voroshilov (then, Defense Commissar and, later, Chairman) was quoted as saying, “We not only know how to fight—we love to fight.”

Thankfully, we’ve rejected that kind of celebration in the United States, along with the idea that the law is whatever a king or tyrant or despot declares it to be. Law Day offers us a moment to reflect on the kind of society that rule by law allows us to build and maintain—one that is more peaceful, orderly, transparent, and predictable.

For our Law Day celebration locally, we were joined not only by judges and lawyers, but also by students at all grade levels from kindergarten to college and their proud parents. 2025 has produced some new and extraordinary stressors for our profession and the judiciary, and this year’s event made me wonder why we don’t invite the public into our world more often. Education is in our mission statement, after all.

Lawyers are uniquely positioned to share our ideals and principles with the nonlawyers in our lives, whether they be in our homes, our schools, our legislature, or in Washington, D.C. Rule of law makes the everyday fabric of our lives possible, and it is critical that we use all our advocacy skills and knowledge to stand up for it. It’s not always easy to know the path ahead these days but, with courage, I’m sure that lawyers will help find the way.

Joseph Hubbard, 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 Jonathan Wardle

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

to

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 2,400 members — is the largest metropolitan bar association in Tennessee.

Hear Ye, Hear Ye Joseph Hubbard, President Sherie Edwards, President-Elect Marie Scott, First Vice President Christen Blackburn, Second Vice President Deadrick Thaxton, Secretary S. Jae Lim, Treasurer Billy Leslie, Assistant Treasurer Lela M. Hollabaugh, General Counsel Callie Hinson, YLD President Bahar Azhdari, Immediate Past President Ben Raybin, First Vice President-Elect Hon. Anna L. Escobar, Second Vice PresidentElect

BOARD OF DIRECTORS Josh Burgener Daniel Clayton

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.

2025 NBF LEADERSHIP FORUM GRADUATION

In 2014, the Nashville Bar Foundation (NBF) established the NBF Leadership Forum — a local leadership program for lawyers with three to eight years of experience — designed to bring together emerging leaders who participate in monthly workshops for nine months to help them realize their potential and to benefit the legal profession and our local community.

Erin Coleman Beau Creson Elizabeth Foy Shellie Handelsman Jay Harbison Cherrelle Hooper Lauren Kilgore Joy Longnecker Hon. John R. Manson Casey Miller Worrick G. Robinson IV Bruce Shanks John Tarpley Leigh Walton Hon. Stephanie Williams Tyler Yarbro NBA TEAM Jeanne B. Heaton, Executive Director Adrienne Bennett Cluff, Marketing & Communications Coordinator Peyton Hosale, CLE Coordinator Traci Hollandsworth, Director of Programs & Events Annie Holmes, LRIS, Member Database, & Operations Coordinator Corinna Saporito, Development Coordinator 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@

On May 1, at the NBA Office, the 2025 Nashville Bar Foundation Leadership Forum Class graduated. If you know any class members listed below, please take a moment and share your regards. Congratulations to all participants on your hard work – we know it will pay off!

Pooja Bery Madison Biggs Amanda Bradley Garrah Carter-Mason Erica Davis Chantley Frazier Kate Hamilton Marilyn Higdon Lorne Hiller Abby Hodgdon JP Horton Sarah Ingalls Pirjin Laser For more information on NBFLeadershipForum.

Kendria Lewis Eric Lyons John Murphy Jordan Neiderland Lauren Rota Evan Rothey Emily Schiller Chicoya Smith Gallman Rachel Sodee Diamond Stewart Roach Kristen Walker John Williams the

program,

visit

Nashvillebar.org/

2025 PRIDE PARADE

Celebrate Pride in Nashville with the NBA Diversity Committee & the Stonewall Bar Association of Tennessee as we walk in the Pride Parade on Saturday, June 28. RSVP to reserve your spot in line at NashvilleBar.org/PrideParade. The group will meet and walk to the line-up position together. Our line-up number will be published as soon as we receive it.

Thank you to our Pride sponsor Law Offices of John Day! Thank you to our 2025 Diversity Committee Sponsors: Spencer Fane and Evernet.

nashvillebar.org.

SUMMER 2025 | NASHVILLE BAR JOURNAL

5

Hear Ye, Hear Ye (cont.)

ANNUAL MEMBER PICNIC (IT'S FREE)

The 2025 Annual FREE Member Picnic will be held on Wednesdsay, September 17, from 5:308:30pm, at the new location of First Horizon Park, home of the Nashville Sounds. This event is a part of Member Appreciation Month and free for NBA members to attend. A family-friendly, casual environment, taco bar, fun outdoor games, colleagues galore, and an open bar stocked with beer and wine. For sponsorship and registration information, visit NashvilleBar.org/Picnic or email Traci.Hollandsworth@nashvillebar.org and Corinna.

Saporito@nashvillebar.org We look forward to seeing you there!

27TH ANNUAL CARBOLIC SMOKE BALL

Carbolic Smoke Ball is the annual cocktail and dance party hosted by the NBA Young Lawyer's Division. Named after the infamous case, Carlill v. Carbolic Smoke Ball Co., the evening features music and dancing, heavy hors d'oeuvres, an open bar, and a festive atmosphere. Lawyers, spouses, friends, and families are invited to join and support the NBA, the YLD and selected beneficiaries.

This year, the festivities will commence on Friday, August 22, at Emerson Hall. To learn more, visit NashvilleBar.org/CarbolicSmokeBall.

2025 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, 2026. If you are an active member of the NBA and are interested in being considered for Board service, please submit your name for consideration at NashvilleBar.org/ BoardNominations no later than Friday, August 1. The election will take place in November, and all members whose 2026 membership dues are postmarked no later than October 31 will be eligible to vote.

HAVE AN IDEA FOR A CLE?

We are always looking for creative and relevant CLE seminar ideas! If you have an idea or would like to see a specific topic in the coming months, please visit NashvilleBar.org/CLE to submit the idea.

We appreciate you!

THE NASHVILLE BAR ASSOCIATION YOUNG LAWYERS DIVISION PRESENTS

THE 27TH ANNUAL

EMERSON HALL

7:30pm to 10:30pm

ALL PROCEEDS TO EVENLY BENEFIT NASHVILLE CHILDREN’S ALLIANCE COURT APPOINTED SPECIAL ADVOCATES

6

NASHVILLE BAR JOURNAL | SUMMER 2025

THANK YOU TO OUR 2025 LAW DAY SPONSORS Diamond Level Corporate Sponsor

Diamond Level Law Firm Sponsor

Platinum Sponsor

Gold Sponsors

Silver Sponsors

Bronze Sponsors

State Trial Court Judges

Calendar of Events

June

August

Bankruptcy Section Meeting 12 NBA 12:00pm | Bradley

Board Meeting 5 NBA 4:00pm | NBA Office

School Intern Lunch & Learn 13 High 12:00pm

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

Board Meeting 18 YLD 12:00pm | Neal & Harwell

Committee Meeting 13 Historical 11:30am | NBA Office & Zoom

19 NBA Office Closed | Holiday

Administrator Lunch 19 Firm Amerigo's

School Intern Lunch & Learn 20 High 12:00pm

Board Meeting 20 YLD 12:00pm | Neal & Harwell

Family Event: Let's Go to the Ballgame 20 Memorial Committee Meeting 21 Summer 5:15pm-9:00pm | First Horizon Park 12:00pm | Zoom Committee & Stonewall Bar Happy Hour 21 NBF Trustees Meeting 24 Diversity Canvas 12:00pm | NBA Office School Intern Lunch & Learn 27 High 12:00pm Pride Parade 28 NBA 10:00am | Broadway

Annual Carbolic Smoke Ball 22 27th 7:30pm-10:30pm | Emerson Hall

September 1 NBA Office Closed | Holiday

July

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

1 Dial-A-Lawyer 6:00-8:00pm | NBA Office 4 NBA Office Closed | Holiday

Committee Meeting 10 Historical 11:30am | NBA Office & Zoom

Committee Meeting 9 Historical 11:30am | NBA Office & Zoom

Board Meeting 17 YLD 12:00pm | Neal & Harwell

Board Meeting 16 YLD 12:00pm | Neal & Harwell

Committee Meeting 17 Memorial 12:00pm | Zoom

School Intern Farewell Lunch 18 High 12:00pm

Free Member Picnic 17 NBA 5:30pm-8:30pm | First Horizon Park

NashvilleBar.org/Calendar

Volunteer for Dial-A-Lawyer Dial-A-Lawyer is held the first Tuesday of each month from 6:00-8:00pm, and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact NBAFrontDesk@NashvilleBar.org.

Complimentary dinner is provided.

To learn more, visit NashvilleBar.org/DialALawyer

8

NASHVILLE BAR JOURNAL | SUMMER 2025

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 (February 1 - April 30) Brian Alford Madison Bagsby Ben Barton Jake Bostick Randi Bruce Garrah Carter-Mason Jansen Carver Zane Cavender Carol Chen

Sydney Lee Ashley Li Kathleen Martini Susan McDonald Marcella McGuinness Simone Wu McGuinness Misha Nesbitt Toni Ojoyeyi Dean Oldham

Claire Dunkley Deja Evans Ayanna Freeman Armon Ghayoumi Katy Haggard Zack Henson Marilyn Higdon Hollis Hoggard Michael Iadevaia Samantha Joseph Wendy Keegan Randy Kennedy

Priya Patel William Peltier Matt Pennington Hayley Pitts Barrett Rivera Carole Rizkallah Raygan Robertson Collin Saulters Miles Schiller Katy Valesky Dan Werner

Letters to the Editor Dear Editor, I enjoyed reading Brittany Ford’s piece Navigating Nashville’s Legal Job Market: Evolving Priorities for Students and Employers. She mentions the number of students seeking legal employment in the Nashville area from the three Nashville law schools. In addition to these schools, The University of Tennessee College of Law also has many students seeking employment in Nashville. For the graduating class of 2024, 34% of our students accepted employment in the city, and a total of 77% accepted employment within the state. Employment and hiring priorities are evolving as noted by Ms. Ford, and our students are well-prepared to meet the challenges of both.

Christie Laird Middle Tennessee Career Specialist The University of Tennessee College of Law

SUMMER 2025 | NASHVILLE BAR JOURNAL

9

Amending the Constitution Summer Geyer is an Associate with Buchalter, P.C. where she practices commercial litigation and specializes in construction law. Summer earned her J.D. from Belmont College of Law, and for five years thereafter, served as an Adjunct Professor and Mock Trial Head Coach at Belmont University. In her free time, Summer enjoys traveling, singing, and spending time with her husband, Dayne, and Great Dane, Baron.

Since its adoption by the Constitutional Convention on September 17, 1787, nearly 12,000 amendments to the U.S. Constitution have been proposed.1 Of those 12,000, only 27 have been ratified; 10 of those 27 were ratified in 1791 and are commonly known as the Bill of Rights.

It is not easy to amend the Constitution. Some of the most frequent topics for proposed amendments are abortion, religion, the Electoral College, the federal budget, and electoral term limits.2 How to Amend the US Constitution The process for amending the Constitution is set forth in Article V, which offers two general methods for passing an amendment to the Constitution and two methods for ratifying a passed amendment.

Under the first, Article V provides that “on the Application of the Legislatures of two thirds of the several States,” Congress “shall call a convention for proposing amendments.” In other words, two-thirds of the State legislators could ask Congress to call for a Constitutional Convention (like the one Hamilton was chosen for in that one musical), where delegates or representatives of the States would gather to revise the Constitution. This method of proposing amendments has never been used.

Alternatively, under the second method, a member of the Senate and the House must each propose a resolution for a Constitutional amendment in their respective chambers.3 The resolution must then be

approved by several committees before being put to a floor vote.4 Once on the floor, the resolution must pass by two-thirds vote in the House and Senate, with no changes.5 A proposed amendment is not required to be sent to, or signed off on, by the President.

After the amendment passes both the House and Senate, Congress determines which method the States must follow in order for proposed amendments to be ratified. The first method, and the one most commonly used, starts with a letter of notification to the Governor of each State sent by the Archivist of the United States, who heads the National Archives and Records Administration.6 The Governors then formally submit the amendment to their State legislatures for ratification or rejection.7 When a State ratifies a proposed amendment under this method, it sends the Archivist an original or certified copy of the State action.8 If an amendment is ratified by three-fourths, or 38 States, the proposed amendment becomes part of the Constitution.9 Alternatively, Congress may require States to call for State convention, at which a group of elected delegates are tasked with ratifying or rejecting a specific amendment. If an amendment is ratified by three-fourths of the State conventions, the proposed amendment becomes part of the Constitution. This method has only been used one time for the TwentyFirst Amendment, which repealed the Eighteenth (continued on page 12)

SUMMER 2025 | NASHVILLE BAR JOURNAL

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Feature Article (cont.)

number of congressmen in that State.20 A ball would be picked at random and the chosen State’s candidate would become president.21 In 1893, Representative Lucas M. Miller of Wisconsin – who only held one term in the House – proposed several constitutional amendments, including amendments to abolish the Army and Navy, eradicate pension laws, and (my personal favorite) to change the country’s name to “the United States of the Earth.”22 Evidently, Mr. Miller’s constitutional aspirations fell short.

Amendment establishing Prohibition.10 Tennessee ratified the 21st Amendment through a State convention on August 11, 1933, making it the 19th state to do so.11 When the requisite number of States ratify a proposed amendment, the Archivist of the United States prepares and certifies a formal proclamation pursuant to 1 U.S.C. 106(b).12 The Certified Proclamation is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.13 Rejected Amendments 11,985 amendments to the US Constitution have been proposed from 1789 through January 3, 2025, which means that around 11,958 have been rejected.14 In 1838, the “Dueling Ban Amendment” was proposed

by Representative William Stephen Morgan of Virginia after two tragic duels, including one between two Representatives of Tennessee.15 In 1826 Representative Sam Houston of Tennessee and General William A. White dueled, and General White was seriously wounded.16 Less than eight years later, Representatives Jonathan Cilley of Maine and William Graves of Kentucky dueled, resulting in Cilley’s death.17 The Dueling Ban would have prohibited any person involved in a duel from holding federal office.18 While considered, the amendment did not pass. Luckily, by 1868, 80% of Southern States, including Tennessee, added anti-dueling provision to their Constitutions.

In 1846, there was a call for an amendment that would provide for presidential election by lottery.19 Each State would choose a candidate, and then the name of each State would be written on a number of balls equal to the

12

NASHVILLE BAR JOURNAL | SUMMER 2025

Recent Efforts to Amend the Constitution The most recent amendment was adopted not long ago. On May 7, 1992, the 27th Amendment was ratified, which states that “[n]o law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

The two most recent U.S. Presidents have called for amendments to the U.S. Constitution. In 2024, President Joe Biden called for an amendment, known as the No One Is Above the Law Amendment, to override the Supreme Court’s decision Trump v. United States, 603 U.S. 593 (2024), in which the Court held that presidents were immune from criminal prosecution for acts conducted under the executive’s core constitutional authority and presumptive immunity for “official acts.” The No One Is Above the Law Amendment would eliminate all “immunity for crimes a former president committed while in office.” Needless to say, the amendment was not ratified.

Just three days after President Donald Trump took office, House Joint Resolution 29 was filed. This Joint Resolution proposes a constitutional amendment that would changes the amount of terms a President could serve: No person shall be elected to the office of the President more than three times, nor be elected to any additional term after being elected to two consecutive terms, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than twice.

This means that President Trump would be able to run for a third term, as his first two terms were not consecutive. However, other former Presidents like Barack Obama, George W. Bush, and Bill Clinton, would still be prohibited from running again.

Senate (Jan. 15, 2025), https://www.senate.gov/legislative/

The Tennessee Constitution The first Tennessee Constitution was adopted in 1796.23 It was drafted in Knoxville by a convention of 55 delegates and sent to Congress for approval. The bill granting Tennessee statehood was signed by President Washington on June 1, 1796.23 The drafters of the 1796 Constitution borrowed much of the language in the Tennessee Constitution from the constitutions of North Carolina and Pennsylvania.24 A State constitutional convention adopted a new Tennessee Constitution in 1834 and again in 1870, which then remained unchanged until 1953, making it “the nation’s oldest unamended state constitution.”25 The process for amending Tennessee’s Constitution arises from Article XI, Section 3, of the Tennessee Constitution. In short, amendments must be passed by two consecutive General Assemblies and then voted on by “the people at the next general election in which a governor is to be chosen.” The proposed amendment must be passed by a simple majority of the first General Assembly and then by a two-thirds majority of the second General Assembly (Tennessee’s General Assembly currently has 33 Senators and 99 Representatives).26 Because the amendment must be voted on “at the next general election in which a governor is to be chosen,” the Constitution can only be amended during a gubernatorial election year, which is typically every four years.

There are currently three constitutional amendments to the Tennessee Constitution that will be presented to voters during the next gubernatorial election in 2026.

One amendment seeks to prohibit taxation of property by the State.27 Another seeks to expand the rights of crime victims by, among other things, permitting them to be present at all public criminal proceedings, be heard at parole hearings, receive notice of release of a criminal, and to seek fully and timely restitution from the offender.28 The third proposed amendment would give Tennessee judges the ability to deny pre-trial bail for up to 70 different criminal offenses.29 n

Face Steep Challenges, National Constitution Center (Jan.

MeasuresProposedToAmendTheConstitution.htm.

Ben Leubsdorf, Proposals to Amend the U.S. Constitution:

2

Fact Sheet, Congressional Research Services (Dec. 17, 2024), https://www.congress.gov/crs-product/R47959.

3

Scott Bomboy, Newly Proposed Constitutional Amendments

30, 2025), https://constitutioncenter.org/blog/newly-proposedconstitutional-amendments-face-steep-challenges.

4

Id.

5

Id. Constitutional Amendment Process, National Archives

6

(Aug.

15,

2016),

https://www.archives.gov/federal-register/

constitution.

Id.

7 8

Id.

9

Id.

10

Cong. Rsch. Serv., ArtV.1 Overview of Article V, Amending the

Constitution, Constitution Annotated, https://constitution. congress.gov/browse/essay/artI-S7-C3-1/ALDE_00001053/ (last visited May 17, 2025).

Repeal of Prohibition, Tennessee State Library and Archives,

11

(last visited May 17, 2025), https://sharetngov.tnsosfiles.com/ tsla/exhibits/prohibition/repeal.htm#:~:text=Tennessee%20 was%20the%2019th%20state,regarding%20alcohol%20 sales%20and%20consumption.

12

Constitutional Amendment Process, supra note 2.

13

Id.

14

Measures Proposed to Amend the Constitution, supra note 1.

15

H.R. Res. 8, 25th Cong. (1838).

16

Id.

17

Id.

18

Id.

19

H.J. Res. 8, 29th Cong. (1846).

20

Id.

21

Id.

22

Scott Bomboy, Five “unusual” amendments that never made

it into the Constitution, National Constitution Center (Feb. 23,

2018),

https://constitutioncenter.org/blog/five-unusual-

amendments-that-never-made-it-into-the-constitution.

23

Tennessee State Constitution, Tennessee Secretary of State (last visited

May 17, 2025), https://sos.tn.gov/civics/guides/tennessee-stateconstitution.

24

Id.

25

Id.

26

About the Tennessee Legislature, Tennessee General

Assembly (last visited May 17, 2025), https://wapp.capitol.tn.gov/ Apps/GeneralAssembly/About.aspx.

27

Footnotes

H.J. Res. 81, 113th Gen. Assemb. (2024).

28

H.J. Res. 94, 113th Gen. Aseemb. (2024).

Measures Proposed to Amend the Constitution, United States

29

S.J. Res. 0025, 114th Gen. Assemb. (2024).

1

SUMMER 2025 | NASHVILLE BAR JOURNAL

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What a law firm should be.

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Gail Ashworth

William Harbison

David Raybin

Bahar Azhdari

Jay Harbison

Ben Raybin

Laura Baker

Aubrey Harwell, Jr.

Nathan Ridley

Daniel Berexa

Trey Harwell

Tabitha Robinson

Michael Berman

William Haynes, III

Worrick Robinson, IV

Blake Bernard

Lisa Helton

Christopher Sabis

Hon. Joe Binkley, Jr.

Zachary Henson

Marie Scott

Hon. Melissa Blackburn

Lela Hollabaugh

Bruce Shanks, Jr.

Christen Blackburn

Cherrelle Hooper

Joseph Shelton

Tamara Block

Paul Housch

Kimberly Silvus

Charles Bone

Joseph Hubbard

Elizabeth Sitgreaves

Jaz Boon, II

R. Jan Jennings

Laura Smith

Dewey Branstetter, Jr.

Jordan Keller

Saul Solomon

Josh Burgener

Jenny Kiesewetter

Michael Stewart

Kenneth Byrd

Lauren Kilgore

Gerard Stranch, IV

Christopher Cardwell

John Kitch

James Stranch, III

Loy Carney

William Koch, Jr.

Chris Tardio

Mark Chalos

Irwin Kuhn

John Tarpley

William Cheek, III

Edward Lanquist, Jr.

Hon. Jim Todd

Daniel Clayton

Tom Lawless

Hon. Aleta Trauger

Seth Cline

Billy Leslie

Howard Vogel

Todd Cole

Wendy Longmire

Michael Wall

Christopher Coleman

Joy Longnecker

Leigh Walton

Erin Coleman

Kim Looney

Elizabeth Washko

Grover Collins

Randal Mashburn

Jim Weatherly

Lewis Conner Jr.

Sam McAllester, III

Carolyn Wenzel

Beau Creson

Marcia McShane

Memorie White

John Day

Bob Mendes

Thomas White

Joy Day

Casey Miller

Hon. Stephanie Williams

Jacqueline Dixon

Margaret Moore

Thomas Wiseman, III

Sherie Edwards

Patricia Moskal

Talley Wood

Keith Frazier

Phillip Newman

Tyler Yarbro

Barry Gammons

Paul Ney, Jr.

Edward Yarbrough

David Garrison

Andrew Noell

Bill Young

Andy Goldstein

David Parsons

Stephen Young

John Griffin, Jr.

Gregory Pease

Gulam Zade

Thomas Hager

Andrea Perry

Stephen Zralek

Amy Hampton

Kaya Porter

Shellie Handelsman

Tracy Powell

SUMMER 2025 | NASHVILLE BAR JOURNAL

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Background Check | Judge Lynne Ingram 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.

When Judge Lynne Ingram does something, she dives in passionately. Her tenure on the bench thus far has been no exception. Judge Ingram’s path to the bench started back in high school when she accompanied her mother to family court where Judge Ingram saw a female family court judge who inspired her to ultimately go to law school.

Born in Columbia, South Carolina, Judge Ingram grew up the youngest of three girls. She went to high school in Greenville, South Carolina. After high school, she attended the University of South Carolina where she majored in English. While there, Judge Ingram served as captain of the nationally ranked mock trial team. Following her graduation in 2000, she moved north to attend Western Michigan Cooley Law School.

There, Judge Ingram attended year-round and finished her classes in just two years. She also managed to compete on national mock trial and national moot court teams. Judge Ingram laughs that by the time she got into a real courtroom, she felt at home due to her years of practice.

Once Judge Ingram finished her law school classwork, she moved to Phoenix, Arizona, where she did an internship at the Maricopa County Attorney’s Office in the fall of 2002. After studying for and passing the February 2003 bar, she joined the MCAO and was able to handle fifteen felony jury trials while in the Vehicular Crimes Unit. Ultimately, Judge Ingram left the MCAO and joined a mid-sized firm. She spent almost two years as an associate and a contract attorney.

Judge Ingram recalls a desire to return to public service and asked a judge friend to lunch that resulted in her meeting an Assistant U.S. Attorney while in Phoenix. That informal meeting led to her interest and pursuit of becoming a federal prosecutor. She started in the Immigration Unit but ultimately worked in the Organized Crime and Drug Enforcement Task Force Unit. Judge Ingram enjoyed the work, but she grew tired of the Phoenix heat. She jokes that she’s still trying

to get that heat out of her system When looking for a new locale, Judge Ingram focused on returning to the South. Her oldest sister lived in Nashville at the time, and the U.S. Attorney’s office had an opening, so Judge Ingram applied and was hired by then U.S. Attorney Ed Yarbrough. She moved to Nashville in February 2009 as an Assistant U.S. Attorney in the Narcotics Unit while also handling a variety of criminal cases, including child exploitation and human trafficking cases. Judge Ingram tried twenty-three jury trials in federal court in the Middle District of Tennessee.

After a stint in private practice, Judge Ingram joined the Legal Aid Society of Middle Tennessee and the (continued on page 18)

SUMMER 2025 | NASHVILLE BAR JOURNAL

17

Background Check (cont.)

Cumberlands as the Lead Family

with him as she could not work

with her three children (12, 10, and 5)

Law

2020.

at Legal Aid and run in a partisan

and their two rescue dogs. Ingram

While there, she primarily handled

election due to federal funding. She

spends most of her free time at

cases involving domestic violence,

remained at Worrick’s firm until she

her children’s sports events but

including divorces and orders of

was elected as the judge for the

when she’s not, she enjoys running,

protection.

Eighth Circuit Court of Davidson

Pilates, and biking. Since coming to

County.

Nashville, Judge Ingram has been

Attorney

in

October

Judge Ingram knew she wanted to be a judge and believed 2022 was

Judge Ingram loves being on the

actively involved in the bar, including

the time for her to run. She invited

bench. She is quick to offer help to all

serving on the NBA and NBF boards

Worrick Robinson to lunch. Having

her colleagues including handling

and the Steering Committee for the

never met him, she told him her

all minor settlement approvals and

NBF Leadership Forum. n

desire to become a judge and asked

assisting with conservatorships and

for his help. Worrick encouraged

criminal trials.

her to run and offered her to work

Judge Ingram lives in Oak Hill

Thank You to Our 2025 Diversity Committee Sponsors

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NASHVILLE BAR JOURNAL | SUMMER 2025

Gadget of the Month | AI Detectors: Who Will Get Busted? Does It Really Matter?

BennettCluff@nashvillebar.org, or me at ramseywt@gmail.com.

Arguably, if an author uses AI, that author is using the ideas and words of another and passing it off as the author’s own. Some would say that is plagiarism. Others, however, would argue that authors do that all the time by reading the work of others and using that work for ideas for the author.

This concern has triggered the development of applications call “AI Content Detectors.” There are several on the market now, and there are many reviews comparing the results of several of these apps.

In this article, I will review my five favorite detectors.

Unless you have been living under a rock, you have been inundated with news about Generative AI (ChatGPT, etc.). All businesses, including law firms and the courts, are struggling with developing rules to govern the use of AI. Some courts have developed local rules governing the use of AI (and disclosure of its use). Some courts just rely on Rule 11 for enforcement. Most large law firms have strict policies governing its use, but, as you have seen, there have been several instances where large (and small) law firms have been embarrassed by “hallucinations” created by the use of AI in court and in expert opinion submissions.

Do you, our gentle readers, think that the Nashville Bar Journal should disclose the use of AI in our articles, or even ban its use?

If you wish to voice your opinion, please email Adrienne at Adrienne.

GRAMMARLY (Grammarly.com) (free and paid versions) I chose Grammarly for my first review, primarily because of the irony related to this product.

Grammarly has been around since 2009 as a product to improve grammar, tone, and spelling in writings, especially student writings. Before the onslaught of Gen AI, Grammarly did a decent job of detecting plagiarism. Now, however, Grammarly has its own AI product which helps you write using AI and, at the same time, helps avoid detection. The irony is that Grammarly now has its own AI detection product. The product helps you disguise the use of AI when you write, but I found that it performed poorly at detecting the use of AI in the works of others. It was less that 50% accurate.

GPTZero (gptzero.com, free and

paid versions) GPTZero is generally considered to be one of the best in this class.

In my testing, I found it to be about 75% accurate in detecting the use of AI. Like Grammarly, it does not store or share information submitted to it, so it preserves confidentiality of your information. I like it because the paid versions have very sophisticated tools for detecting the use of AI and plagiarism. For example, it can identify commonly used “AI words;” it can conduct an “advanced scan” to find the use of AI (even if someone has tried to cover it up); and it can even verify the sources you cite.

MONICA (monica.im) (free and paid versions) This detector is the new kid on the block. It is getting rave reviews, and, in my testing, it is clearly one of the best. I found its accuracy to be very high (over 90%). I understand that it runs the content through several other detectors. It is very simple to use – you just paste the text you are checking into the app or web page. It will provide a detailed analysis of whether it detects the use of AI and why. Then, it will offer to rewrite the content into more “humanlike” writing. I used that feature, and the result fooled the other detectors I tested….

ORIGINALITY (originality.ai) (no free version and can be expensive) This product is designed for teachers, web publishers, marketers, etc. who want to verify whether authors have employed (continued on page 20)

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19

Gadget of the Month (cont.)

the use of AI in preparing their content. It uses a color-coded system to identify content that is likely AI-written or likely humanwritten. I found this product to be very accurate as well (over 90%). It is very easy to use. My concern is that I could not verify whether Originality shares the content submitted. Of course, this is a concern for those of us who submit confidential information of client-related information for review.

20

QUILLBOT (quillbot.com) (free version and one paid premium option) This is another detector that did well in my testing. Its accuracy approached 95%. It breaks the results into four categories: AIgenerated, AI-generated and AI-refined, human-written and AI-refined, and human-written.

It really did well. For example, it placed my Grammarly-improved content into the third category and

NASHVILLE BAR JOURNAL | SUMMER 2025

place. Originality refined content in the second category. It was also easy to use – you just paste the text directly into the AI detector. It also has several components: an idea generator, a summarizer, a translator, a grammar checker, and more. Based upon my research, it protects the data you submit for review and does not share it.

There you have it. If you use AI to create content, you may get busted.

However, many of these products, help writers alter their content to avoid the detection of the use of AI. Of course, there is a larger issue here. If a lawyer uses AI to assist in the creation of content, should he or she disclose its use. And, of course, all factual assertions, sources, and legal citations should (and, indeed must) be checked for accuracy.

Again, please email us with you input on the use of AI for articles in the NBA Journal.

See you later, Bill n

Mark Your Calendars Saturday, June 21

Wednesday, September 17

First Horizon Park

First Horizon Park

Tuesday, June 24

Saturday, October 11

NBA Summer Family Event: Let's Go Out to the Ballgame!

NBA Diversity Committee & Stonewall Bar Association of Tennessee Happy Hour

NBA Annual Free Member Picnic

YLD 22nd Annual EpiOn Race Judicata Edwin Warner Park

Canvas Thursday, November 20 Saturday, June 28

Walk in the Pride Parade with the NBA

Fall Memorial Service

Downtown Presbyterian Church

Downtown Nashville Thursday, December 11 Friday, August 22

The 27th Annual Carbolic Smoke Ball

Annual Meeting & Banquet Music City Center

Emerson Hall

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

Can You Name These People?

Golden Oldies

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.

Spring Golden Oldies Congratulations to Junaid Odubeko at Bradley for correctly identifying the indivuals in last issue's photo!

Individuals are listed from left to right: Charles Bone, Stacey Garrett (Koju) and Aaron Rochelle.

SUMMER 2025 | NASHVILLE BAR JOURNAL

21

Nashville Bar Foundation: In Focus Candi Henry serves as Chief Legal Counsel for the Greater Nashville regional Council, which means she spends an inordinate amount of time misspelling both counsel and council. GNRC is a governmental entity comprising 13 counties and more than 50 cities in upper Middle Tennessee.

The Nashville Bar Foundation advances justice through targeted non-profit financial support, civic-minded education, and the development and celebration of a respected legal community. Each year, the NBF awards grants to deserving non-profit organizations that further the goals and chartered purposes of the Foundation. This series profiles current grant recipients.

Nashville Conflict Resolution Center (NCRC) NCRC provides free mediation services, especially for people who can’t afford attorneys or who are part of communities that historically have not had equal access to justice. NCRC works closely with the courts to serve the communities of greater Nashville. Cases are referred to NCRC by General Sessions Courts, Juvenile Courts, DA Offices, Law Enforcement, and other community partners.

NCRC’s Victim-Offender Mediation Program is a diversionary program that helps both adults and teens resolve issue—such as allegations of assault harassment, and vandalism—that would be criminal charges if matters proceeded to court. The Parenting Mediation Program helps parents and guardians create parenting plans that protect their kids from violence.

And the Civil Mediation Program helps families avoid eviction and helps small businesses avoid bankruptcy.

NCRC maintains a dedicated presence in certain General Sessions courts to be available to accept referrals and resolve cases.

Board members who are also Nashville Bar Association Members include Nina Kumar of Nashville Surgical Instruments; Bill Norton III of Bradley; Heather Howell Wright of Buchalter; Elizabeth Ryan, Managing Staff Attorney for the Tennessee Supreme Court; Phillip

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Byron Jones of Evans, Jones & Reynolds, PC; Ginger Connell of Gullet Sanford Robinson & Martin PLLC; and Ken Bryant of Burr & Forman, LLP. Tennessee Justice for our Neighbors (TNJFON) Founded in 2008, TNJFON has assisted nearly 5000 clients in a variety of immigration matters, with a focus on representing low-income individuals who are eligible for humanitarian forms of relief.

TNJFON clients include survivors of domestic violence, labor or sex trafficking, and other serious crimes. The organization also serves children who have been abused, abandoned, or neglected by a parent.

TNJFON partners with Vanderbilt University to host monthly legal clinics. This law school clinic model educates law students on immigration law, allows law students to work directly with clients, and provides legal services to individuals who could not otherwise afford legal representation.

Board members for the 2025 fiscal year who are also Nashville Bar Association members include Jesse Harbison of Harbison Law PLLC; Ocasha Musah of Bradley; and Hannah E. Webber of Bass, Berry & Sims, PLC. Thank you to these organizations for your work advancing justice and to the NBA members who donate their time and money to support these worthy causes. n

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.

“Voters can smell inauthenticity the way a bloodhound tracks a scent.”

All Done for this Year. The General Assembly adopted HJR 707 on the evening of April 22 and completed its work around 7:15 for the 2025 regular session. They will stand in recess until noon on Tuesday, January 13, 2026 for the second year of the 114th General Assembly. Bills that were not killed during the 2025 session remain on life support for the 2026 session. With the adoption of HJR 707, the statutory blackout period for political contributions expires. We can anticipate calls with invitations to dog parties seeking contributions.

Top Five Legislative Enactments.

Appropriations Bill. SB 1431 / HB 1409 by the Majority Leaders and the Finance Committee Chairs.

Spending totals $59.76 billion which is a small decrease from last year, due to a decrease in federal funding.

Something new this year for the Lee Administration is a recommendation for the issuance of almost one billion dollars in general obligation bonds for capital projects. Having flush revenues in years past, the Lee Administration has used cash to pay for some capital projects. Tennessee, however, will continue to be debt adverse with new debt service payments being only 1.76% of the state budget, and still no highway debt.

(Chap. 530, effective 7/1/2025) Bond Bill. SB 1430 by Johnson / HB 1407 by Lamberth authorizes the issuance of general obligation bonds largely for higher education capital projects such as a new chemistry building at the University of Tennessee in Knoxville and renovations to the Murphy Center at Middle Tennessee State University in Murfreesboro.

(Chap. 528, effective 5/21/2025) Education Freedom Scholarship Act. SB 6001

by Johnson / HB 6004 by Lamberth establishes a scholarship / voucher program with state tax dollars for students to attend private schools. The amount of

the scholarship is $7,300 per student. The Governor’s proposal provides public funds to 20,000 students statewide to attend a private school for the first year.

The number of students eligible will grow by 5,000 students in the second year. The formula for the first year contains a high income limit, but in the second or subsequent year, the bill has no income limits. (Chapter 7 of the 1st Extraordinary Session of 2025, effective for the 2025-26 school year) Wetlands Regulation. SB 670 by Taylor / HB 541

by Vaughan is a response to the 2023 unanimous U.S. Supreme Court decision in Sackett v. EPA. The bill establishes four categories of wetlands: artificial, low quality, moderate quality, and high quality and exempts certain isolated wetlands from mitigation and permitting requirements depending on the size and quality of the wetland. (Chap. 437, effective 7/1/2025) Sales Tax on Tires allocated to TDOT. SB 144 by Walley / HB 969 by Hawk allocates an estimated $80 million recurring from the state sales and use taxes on tires to the transportation department. Historically, the department has been funded with revenues generated by taxes on fuel. (Chap. 508, effective 7/1/2025) Wag of the Tail (1). The General Assembly included in the Appropriations Act a total of $17 million in new (continued on page 24)

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Capitaol Notes (cont.)

funding for indigent defense counsel in criminal cases.

Of these funds, $13 million are recurring and $4 million are nonrecurring. Success has many fathers, but special howls of gratitude go to Chief Justice Holly Kirby, Governor Bill Lee, Finance Committee Chairs, Senator Bo Watson and Representative Gary Hicks, and our colleagues at the Tennessee Bar Association.

Wag of the Tail (2). Not too long ago, our fearless leader, NBA President Joseph Hubbard, spoke eloquently at a Nashville Bar Foundation event on the importance of the rule of law. We all know that our judicial branch is the weakest of our three branches without the patronage of the executive or the purse strings of the legislative. As legal beagles we are all called to howl loudly in support

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NASHVILLE BAR JOURNAL | SUMMER 2025

of the rule of law with independent judges, trial by jury, equal justice under the law, and restraint on the arbitrary use of government power.

Calendar Notes June 5-8 June 12-15 June 15 June 19 June 30

-

July 1 July 4

-

CMA Festival Bonaroo Music & Art Festival Father's Day Juneteenth holiday Deadline for the Metro Council to act upon the Mayor's Proposed Budget First Day of the State's new fiscal Year Independence Day Holiday n

A Sampling of Constitutional Issues Before the US Supreme Court: 2024 Term Susan McDonald offers commercial mediation services, including Early Dispute Resolution, based in her office in Nashville.

Under Article III, Section II of the United States Constitution, the Supreme Court serves as the nation's final court of appeal for all legal disputes involving that Constitution. How often does the Supreme Court directly interpret specific constitutional provisions? And how many provisions of the Constitution are reviewed?

A sampling of Constitutional issues presented to the Court in the October 2024 term shows that the Court is considering cases arising under Articles I, II, III, and VI, as well as amendments 1, 4, 5, 7, and 14. Note that most of these cases have not yet been decided, but will be resolved before the end of the 2024 term in July 2025.

Article I Federal Communications Comm. v. Consumers’ Research, 145 S.Ct. 587 (2024) (granting cert.)

• Decision below: Consumers’ Research v. Federal Communications Comm., 109 F.4th 743 (5th. Cir. 2024).

• Questions presented: - Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the amount that providers must contribute to the Fund.

- Whether the Commission violated the nondelegation doctrine by using the Administrator's financial projections in computing universal service contribution rates.

- Whether the combination of Congress's conferral of authority on the Commission and the Commission's delegation of administrative responsibilities to the Administrator violates the nondelegation doctrine.

Article II Kennedy v. Braidwood Management, Inc., 145 S.Ct. 1038 (2025) (granting cert.)

• Decision below: Braidwood Management, Inc. v.

Becerra, 104 F.4th 930 (5th Cir. 2024).

• Question presented: Whether the court of appeals erred in holding that the structure of the Task Force violates the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the HHS Secretary’s supervision.

Article III Gutierrez v. Saenz, 145 S.Ct. 118 (2024) (granting cert.)

• Decision below: Gutierrez v. Saenz, 93 F.4th 267 (5th Cir. 2024) • Question presented: Does Article III standing require a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment?

Diamond Alternative Energy, LLC v. Environmental Protection Agency, 145 S.Ct. 980 (2024) (granting cert.)

• Decision below: Ohio v. Environmental Protection Agency, 98 F.4th 288 (D.C. Cir. 2023) • Question presented: Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties.

Laboratory Corp. of America Holdings v. Davis, 145 S.Ct. 1133 (2025) (granting cert.)

• Decision below: Davis v. Laboratory Corp. of America Holdings, 2024 WL 489288 (9th Cir. Feb. 8, 2024) • Question presented: Whether a federal court may certify a class action pursuant to Federal Rule of (continued on page 26)

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25

A Samping of Constitutional Issues Before the US Supreme Court (cont.)

Civil Procedure 23(B)(3) when some members of the proposed class lack any Article III injury.

ARTICLE VI Martin v. United States, 145 S.Ct. 1158 (2025) (granting cert.)

• Decision presented: Martin v.

United States, 2024 WL 1716235 (11th Cir. Apr. 22, 2024).

• Questions presented: - Whether the Constitution's Supremacy Clause bars claims under the Federal Tort Claims Act when the negligent or wrongful acts of federal employees have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law.

- Whether the discretionaryfunction exception is categorically inapplicable to claims arising under the law enforcement proviso to the intentional torts exception.

Fourteenth Amendment, Process Clause 26

Due

Glossip v. Oklahoma, 145 S.Ct. 612 (2025) • Decided: Glossip v. Oklahoma, 145 S.Ct. 612 (2025).

• Decision below: Glossip v. State, __ P.3d __, 2023 OK CR 5, 2023 Okla.

Crim. App. LEXIS 4, 2023 WL 3012463; • Questions Presented: - 1a. Whether the State’s suppression of the key prosecution witness’s admission he was under the care of a psychiatrist and failure to correct that witness’s false testimony about that care and related diagnosis violate the due process of law.

- 1b. Whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims.

- 2. Whether due process of law requires reversal, where a capital conviction is so infected with errors that the State no longer seeks to defend it.

Fourteenth Amendment, Equal Protection Clause U.S. v. Skrmetti, 144 S.Ct. 2679 (2024) (granting cert.).

• Decision below: L.W. v. Skrmetti, 83 F.4th 460 (6th Cir. 2023) • Question Presented: Whether Tennessee Senate Bill 1 (SBl), which prohibits all medical treatments intended to allow "a minor to identify with, or live as, a purported identity inconsistent with the minor's sex" or to treat "purported discomfort or distress from a discordance between.

First Amendment Free Speech Coalition, Inc. v. Paxton,

NASHVILLE BAR JOURNAL | SUMMER 2025

144 S.Ct. 2714 (2024) (granting cert.)

• Decision below: Free Speech Coalition, Inc. v. Paxton, 95 F.4th 263 (5th Cir. 2024).

• Question Presented: Whether the court of appeals erred as a matter of law in applying rationalbasis review to a law burdening adults’ access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done.

Catholic Charities Bureau, Inc. v.

Wisconsin Labor & Industry Review Commission, 145 S.Ct. 980 (2024) (granting cert.)

• Decision below: Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission, 3 N.W.3d 666 (Wis. 2024).s • Questions presented: - Does a state violate the First Amendment's Religion Clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state's criteria for religious behavior?

In addressing federal constitutional challenges, may state courts require proof of unconstitutionality "beyond a reasonable doubt?"

Mahmoud v. Taylor, 145 S.Ct. 1123 (2025) (granting cert.)

• Decision below: Mahmoud v.

McKnight, 102 F.4th 191 (4th Cir. 2024).

• Question presented: Do public schools burden parents' religious exercise when they compel elementary school children to participate in instruction on gender

and sexuality against their parents' religious convictions and without notice or opportunity to opt out?

the threat doctrine when evaluating an excessive force claim under the Fourth Amendment.

St. Isidore of Seville Catholic Virtual School v. Drummond, 145 S.Ct. 1134 (2025) (granting cert.)

• Decided: 605 U.S. __ (2025); 2025 WL 1132003 (April. 17, 2025) (aff’d by equally divided court).

• Questions presented: - Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students.

- Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.

Fifth Amendment Fuld v.

Palestine Liberation Organization, 145 S.Ct. 610 (2024) (granting cert.)

• Decision below: Fuld v. Palestine Liberation Organization, 82 F.4th 74 (2d Cir. 2023) • Question presented: Whether the Promoting Security and Justice for Victims of Terrorism Act violates the Fifth Amendment.

Firebaugh v. Garland, 145 S.Ct. 1001 (2024) (granting cert.)

• Decided: TikTok v. Garland, 604 U.S. ___, 145 S.Ct. 57, 220 L.Ed.2d 319 (2025).

• Decision below: TikTok, Inc. v.

Garland, 122 F.4th 930 (D.C. Cir. 2024) • Question presented: Whether the Protecting Americans from Foreign Controlled Applications Act, as applied to Petitioners, violates the First Amendment.

Fourth Amendment Barnes v. Felix, 145 S.Ct. 118 (2024) (granting cert.)

• Decision below: Barnes v. Felix, 91 F.4th 393 (5th Cir. 2024) • Question presented: Whether courts should apply the moment of

United States v. Palestine Liberation Organization, 145 S.Ct. 610 (2024) (granting cert.)

• Decision below: Fuld v. Palestine Liberation Organization, 82 F.4th 74 (2d Cir. 2023).

• Question Presented: Whether the Promoting Security and Justice for Victims of Terrorism Act's means of establishing personal jurisdiction complies with the Due Process Clause of the Fifth Amendment.

Seventh Amendment Perttu v. Richards, 145 S.Ct. 119 (2024) (granting cert.)

• Decision below: Richards v.

Perttu, 96 F.4th 911 (6th Cir. 2024).

• Question presented: - In cases subject to the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim?

- The minor's sex and asserted identity," Tenn. Code Ann. § 6833-103(a)(1), violates the Equal Protection Clause of the Fourteenth Amendment.

Louisiana v. Callais, 145 S.Ct. 434 (2024) (noting prob. juris.)

• Decision below: Callais v.

Landry, 732 F.Supp.3d 574 (W.D. La. 2024) • Questions presented: - Did the majority err in finding that race predominated in the Legislature's enactment of S.B. 8?

- Did the majority err in finding that S.B. 8 fails strict scrutiny?

- Did the majority err in subjecting S.B. 8 to the Gingles preconditions?

- Is this action non-justiciable? n

Cybersecurity and Data Protection: Protecting Law Firms from Rising Digital Threats

Doug Geoffrey is an experienced technology and cybersecurity leader with over 30

years of combined expertise in technical IT roles and strategic leadership. He specializes in developing robust cybersecurity frameworks, implementing secure infrastructures, and fostering proactive security cultures. Known for his collaborative approach, Geoffrey effectively mentors teams, driving innovation and continuous improvement in dynamic digital environments.

In today's digital landscape, law firms have become attractive targets for cybercriminals. Packed with sensitive client information, and financial transactions, firms are digital treasure chests ripe for exploitation.

Cybersecurity is an absolute necessity for maintaining client trust, ensuring compliance, and safeguarding valuable assets.

Target on Legal Backs Cybercriminals are eager to infiltrate law firm’s email accounts and case records, getting access to personal or financial information and intercepting conversations to input fake pay links so money is sent to them directly from escrow or trust accounts. When breached, financial loss, damaged reputations, and crippling legal liabilities often follow closely behind any security lapse.

Cyber Threats Against Firms 1. Phishing Attacks: Phishing scams are simple yet effective, tricking even vigilant legal professionals into inadvertently handing over sensitive data or dollars. Hackers disguise malicious links and attachments within seemingly legitimate emails, baiting victims. Most often these emails are nested in conversations that are totally legitimate, making it look like you are requesting payment when it's the cybercriminal!

Defense Tip: To effectively combat phishing, law firms must prioritize training for employees. These sessions should include real-world scenarios, interactive simulations, and periodic testing. Additionally, firms should invest in advanced email filtering solutions capable of detecting and blocking malicious content.

Your IT provider can also keep regular review of your access logs to make sure that all logins come from your location and not outside the country. Lastly, enforcing

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multi-factor authentication (MFA) significantly strengthens security by adding a critical extra layer of protection, ensuring that even if login credentials are compromised, attackers cannot easily gain access to sensitive data.

2. Ransomware: Ransomware locks firms out of their case files, demanding hefty payments for their return.

A notable incident involved Taft Stettinius & Hollister with $598 million in gross revenue for 2023. “In late 2023, the firm experienced a ransomware attack that compromised secondary servers and workstations containing client and personal information, including names, addresses, and SSN of nearly 6,000 individuals.

The firm's IT team worked to restore full access to primary systems, such as email and document management, by the following Monday.” 1 Defense Tip: Law firms can significantly minimize the impact of ransomware by establishing, regularly updated offline backups, ensuring data recovery without needing to pay a ransom. Deploying robust endpoint security software, including antivirus programs and endpoint detection and response (EDR) systems, can detect, isolate, and neutralize ransomware threats before significant damage occurs. A clearly defined incident response strategy with detailed procedures, role assignments, and practiced drills allows for rapid containment and recovery from ransomware attacks, reducing downtime and financial losses.

3. Business Email Compromise (BEC): Cybercriminals impersonating trusted individuals, can fool employees into authorizing large wire transfers overseas.

“In 2013, the NC law firm Wallace & Pittman fell victim

to a phishing scam that resulted in a $336,600 wire transfer to Russia. The breach began when an employee clicked on a fraudulent email link, allowing hackers to install malware that captured the firm's banking passwords. Using these credentials, the cybercriminals initiated the unauthorized transfer to a recipient in Moscow. Upon discovering the transaction, the firm attempted to halt it, but the efforts were unsuccessful. This incident led to a legal dispute between Wallace & Pittman and their bank, Park Sterling Bank, over liability for the loss.”2 Defense Tip: Law firms can defend against BEC scams by implementing strict verification protocols for financial transactions, such as requiring independent, out-of-band confirmation (e.g., phone calls) for large or unusual transfers. Employing strong email authentication technologies, including Domain-based Message Authentication, Reporting & Conformance (DMARC), Sender Policy Framework (SPF), and DomainKeys Identified Mail (DKIM), will help prevent email spoofing.

Instituting multi-step approval processes that involve multiple authorized personnel ensures thorough scrutiny and significantly reduces the likelihood of fraudulent transactions.

4. Insider Threats: Not every threat comes from the outside. Disgruntled or negligent employees can inadvertently or intentionally leak sensitive data, risking massive breaches.

Defense Tip: Law firms must safeguard against insider threats by enforcing strict, role-based access controls, ensuring employees can only access the information essential for their job. Continuous monitoring of employee activity helps quickly identify suspicious

behaviors. Utilizing advanced data loss prevention (DLP) tools can automatically detect and block unauthorized data transfers, further securing sensitive information against potential internal breaches.

5. Third-Party Vendor Risks: Third-party providers, cloud storage, and e-discovery services, can sometimes become a weak cybersecurity link. A single vendor breach could expose multiple firms’ sensitive data.

Defense Tip: Regular vendor security assessments, explicit cybersecurity clauses in contracts, and periodic third-party audits are necessary safeguards.

Compliance and Ethical Obligations Cybersecurity isn't only a practical necessity—it’s also a legal and ethical obligation. The ABA Model Rules of Professional Conduct mandate client confidentiality, and regulations like GDPR require strict adherence to data protection standards. Ignoring these obligations can lead to severe penalties, legal repercussions, and lasting damage to client trust Creating Your Firm’s Cybersecurity Shield Here’s how to reinforce your firm's cybersecurity stature: 1.

Conduct a Comprehensive Risk Assessment Uncover vulnerabilities before cybercriminals do.

2.

Enforce Strong Security Policies and Training Establish clear guidelines and continuously educate staff.

3.

Fortify Network and Endpoint Security Utilize advanced firewalls, antivirus software, and endpoint monitoring tools.

4. Secure Communication

Channels Implement encrypted communications and secure VPN access.

5.

Establish Robust Data Backup & Recovery Plans Ensure frequent backups and reliable disaster recovery tests.

6.

Monitor & Swiftly Respond to Threats Deploy real-time security monitoring and dedicated incident response teams.

The Path Forward In the fight against cybercrime, a proactive approach, supported by strong cybersecurity measures and vigilant compliance with ethical standards, will safeguard your clients, reputation, and future.

EVERNET Consulting has proudly supported legal firms for over 17 years, delivering specialized IT & Marketing solutions. Visit us at evernetco.com/lp/nba/ and let us handle your cybersecurity so you can focus on delivering exceptional legal services. n This article was provided through the NBA's partnership with EVERNET, an IT and Managed Service provider.

Footnotes Staci Zaretsky, "Biglaw Firms Fall Prey to Cyberattacks, With Data Breaches on the Rise," Above the Law, May 2024, https://abovethelaw. com/2024 /05/biglaw-f irms-fallprey-to-cyberattacks-with-databreaches-on-the-rise/.

2 Debra Cassen Weiss, "Law Firm Fell Victim to Phishing Scam, Precipitating $336K Overseas Wire Transfer, Bank Suit Alleges," ABA Journal, 2013, https://www. a b a j o u r n a l . c o m /n e w s /a r t i c l e / law_f irm_fell_victim_to_phishing_ scam_precipitating_336k _ overseas_wire_tran.

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SUMMER 2025 | NASHVILLE BAR JOURNAL

29

barBites | Out of Many, Pesto

Meet Us at the Bar Negroni

Candi Henry serves as Chief Legal Counsel for the Greater Nashville regional Council, which means she spends an inordinate amount of time misspelling both counsel and council. GNRC is a governmental entity comprising 13 counties and more than 50 cities in upper Middle Tennessee.

This year’s Law Day theme is also our country’s motto: e pluribus unum. The Latin phrase, meaning “out of many, one” is quite possibly inspired by the Roman poet Virgil’s recipe for pesto.1 It comes from the poem “Moretum" — translated “salad” but really referring to a handmade paste of cheese, garlic, and dill.

It manus in gyrum: paulatim singula vires deperdunt proprias, color est e pluribus unus, nec totus viridis.

His hand in circles move: Till by degrees they one by one do lose Their proper powers, and out of many comes A single colour, not entirely green Modern recipes have tweaked the ingredients and the process. Here’s a standard.

Ingredients

½ cup toasted pine nuts (Do I use walnuts instead? Absolutely.) ¼ cup f reshly grated Parmesan cheese (If you use the green canister, I

There’s no better drink to pair with your e pluribus pesto than the Negroni — a beverage built on American ingenuity and principles of equality. Cocktails are a U.S. invention that made their way to Europe, picked up wonderful influences, and came back better than ever. The Negroni is made with equal parts gin, Campari, and sweet vermouth.

Ingredients 1 oz. gin (For an added American flare —

will not judge—just this once, for this application.)

and slightly stronger drink — use U.S. Naval proof gin.)

2 tablespoons fresh lemon juice (No, you may not use the stuff that comes out of a yellow plastic lemon-shaped container. I will find you.)

1 oz. Campari (Accept no substitutions.)

1 small garlic clove (Some say this is indispensable. I dispense with it

because I’m a rebel.)

¼ teaspoon sea salt (Or Kosher. That’s fine, too.) f reshly ground black pepper, 3-4 course grinds (If you don’t have a

pepper grinder, it’s time to get one, f riend.)

2 cups basil leaves. (Could you use some f resh spinach or arugula or parsley if you were running short on basil? Of course!)

¼ cup extra-virgin olive oil (Mine’s f rom California.)

Directions Get a food processor. Or use your mortar and pestle if you want to show off. (But if that’s you, bestie, then you’re not following this recipe anyway.)

Pulse the nuts. Add the rest of the ingredients, and give it a whirl.

You’re not looking for a completely smooth paste. Resist the temptation to add more oil. If you need it thinner, add some water —starchy pasta water if you have it.

Pair your pesto with a caprese-inspired salad, mix it with pasta, or just slather it on bread. n

Footnotes The Interwebs have many writeups about this legend. My favorite is here: https://generalist. academy/2020/09/17/out-of-many-pesto/.

1

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NASHVILLE BAR JOURNAL | SUMMER 2025

1 oz. sweet vermouth (You do store your vermouths in the fridge, right?)

Directions Fill your mixing glass with ice, add your liquids, and stir with your bar spoon until drink is well-chilled.

Strain over a single, large, clear ice cube. Express orange peel over drink and garnish with the spent peel. n

Photo by Jay Watson

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.

July 16 | Virtual Seminar

August 22 | Live Seminar

The Lawyer's Guide to Marketing: Leveraging Digital and Personal Networks

Mindset Skills for Well-Being and Thriving in a Legal Career

OVERVIEW

OVERVIEW

Have you ever actually been taught how to market your legal services? Or has your only exposure to marketing come from firms trying to sell you theirs? If you're like most lawyers, marketing remains a mystery — an awkward mix of buzzwords and billboards. But bringing in clients doesn't have to be confusing, uncomfortable, or expensive. Join us for a practical, no-fluff session designed by lawyers, for lawyers, where we dive into what really works when it comes to building a book of business in today's competitive legal landscape.

PRESENTERS Dr. Jen Riley, Vanderbilt University

While legal analysis and knowledge of the law are necessary to success as an attorney, thriving in the profession requires many skills beyond legal acumen. A growing body of research across many fields shows that long-term professional success and satisfaction hinge on attitudes, mindsets, and interpersonal skills that are not well reflected in the academic instruction offered in law school. Moreover, the best understandings of thriving and professional well-being have revealed a complex interplay between individual characteristics, work environment, and professional performance, and that the same skills and mindsets that lead to increased well-being and prevent professional burnout also improve professional performance and productivity.

PRESENTER Elon Slutsky,

Laura Baker,

Fulbright Research Fellow 2024-25

Law Offices of John Day

DETAILS PRODUCER Barbara Moss, Elder Law of Nashville

Seminar.............................................. 1:00pm - 2:00pm Credit....................................... ....................1.0 General Location...................................................... ..NBA Office

COST DETAILS Seminar.............................................. 12:00pm - 1:30pm Credit............................................. ....................1.5 Dual Location............................................................. .. Zoom

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

COST NBA Member...................................................... $75.00 Non-Member..................................... ................. $125.00 Law Student....................................................... ... $0.00 All-Access CLE Pass........................................... . . . $0.00 New Admittee..................................................... .. $0.00

SUMMER 2025 | NASHVILLE BAR JOURNAL

33

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 | Virtual Seminar

September 12 | Virtual Seminar

2025 Who's Hacking Lawyers, and Why?

Microsoft Word Power Tips for Legal Professionals Part I

A Master Series Presented by the Nashville Bar Association

A Master Series Presented by the Nashville Bar Association OVERVIEW

Lawyers are prime targets for hackers due to the nature of privileged client information. In this updated 2024 version of our program, you'll learn about seven recent hacking attacks, who is hacking lawyers, which lawyers are the most likely targets, and how to protect against hacks.

PRESENTER Lenné Eidson Espenschied, Next Level Contracts

DETAILS Seminar.............................................. 12:00pm - 1:30pm Credit..... ........................................ ...............1.5 General Location............................................................. .. Zoom

OVERVIEW

Due to the complex formatting often required with legal documents, many (most) legal users find Microsoft Word to be a constant source of irritation. It's the primary tool used to produce work product, yet many feel it works against them.

Using Word and “clicking around” provides little improvement and no insight. This seminar is designed by a lawyer for lawyers to specifically address these realities. We’ll show you how to fix the common legal drafting problems plaguing you now and avoid them in the future. You’ll learn dozens of tips and techniques you can put into practice immediately. Even if you think you already know Word well, you will learn new things throughout this seminar.

PRESENTER Barron K. Henley,

COST NBA Member...................................................... $70.00 Non-Member..................................... ................. $115.00 Law Student.......................................................... $0.00

Affinity Consulting

DETAILS Seminar.............................................. 12:30pm - 2:30pm Credit....................................... ....................1.5 General Location..................................................... ........ .. Zoom

COST NBA Member...................................................... $82.00 Non-Member..................................... ................ $160.00 Law Student.......................................................... $0.00 New Admittee............................................ ......... .. $0.00

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NASHVILLE BAR JOURNAL | SUMMER 2025

Continued Legal Education (CLE)

September 16 | Virtual Seminar

September 19 | Virtual Seminar

Ethical Considerations for Lawyers Using AI with Oliver Roberts

Microsoft Word Power Tips for Legal Professionals Part II A Master Series Presented by the Nashville Bar Association

OVERVIEW

Stay up to date with the latest ethical guidance and technology practices for AI in legal practice. This CLE reviews cutting-edge AI advancements, confidentiality, accuracy, and compliance challenges, providing lawyers with practical insights to navigate AI responsibly in 2025. In an era of rapid technological innovation, AI continues to transform legal practice. This CLE offers an in-depth review of the latest ethical guidance and technology considerations for lawyers using AI in their work. Designed to address emerging challenges and opportunities, the program equips legal professionals with the knowledge to navigate AI responsibly and effectively.

PRESENTER Oliver Roberts, Holtzman Vogel

OVERVIEW

Due to the complex formatting often required with legal documents, many (most) legal users find Microsoft Word to be a constant source of irritation. It's the primary tool used to produce work product, yet many feel it works against them. Using Word and “clicking around” provides little improvement and no insight. This seminar is designed by a lawyer for lawyers to specifically address these realities. We’ll show you how to fix the common legal drafting problems plaguing you now and avoid them in the future. You’ll learn dozens of tips and techniques you can put into practice immediately. Even if you think you already know Word well, you will learn new things throughout this seminar.

PRESENTER Barron K. Henley, Affinity Consulting

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

COST FREE for Members as part of NBA Member Appreciation Month!

DETAILS Seminar.............................................. 12:30pm - 2:30pm Credit............................................. ...............1.5 General Location............................................................. .. Zoom

COST NBA Member...................................................... $82.00 Non-Member..................................... ................ $160.00 Law Student.......................................................... $0.00 New Admittee..................................................... .. $0.00

SUMMER 2025 | NASHVILLE BAR JOURNAL

35

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.

November 12 | Live Seminar

November 14 | Live Seminar

Legal Lifelines: Guiding Clients Through the Senior Years

The Comedy of Ethics

OVERVIEW

Are some of your clients approaching retirement age or already navigating life beyond 65? As people age, they face a unique set of legal, financial, and healthcare challenges that require thoughtful guidance. From estate planning and long-term care to guardianship and elder abuse prevention, it's essential to understand the key legal issues affecting seniors today.

PRESENTER Barbara Moss, Elder Law of Nashville

DETAILS Seminar.............................................. 1:00pm - 2:00pm Credit..... .................................. ....................1.0 General Location............................................................. .. Zoom

COST NBA Member...................................................... $50.00 Non-Member..................................... ................ $100.00 Law Student.......................................................... $0.00 All-Access CLE Pass............................................ . . $0.00 New Admittee..................................................... .. $0.00

36

NASHVILLE BAR JOURNAL | SUMMER 2025

OVERVIEW

Join the Nashville Bar Association and the Nashville Shakespeare Festival for The Comedy of Ethics: a one-of-akind CLE that brings legal ethics to life through the timeless works of William Shakespeare. Watch professional actors from the Nashville Shakespeare Festival perform powerful scenes from Measure for Measure, King Lear, and more, all woven into an engaging, theatrical exploration of the ethical challenges lawyers navigate every day. Don’t miss this unique blend of drama, insight, and education — where the Bard meets the Bar!

DETAILS Seminar................................................ 1:00pm - 4:15pm Credit............................................. ............ ....... 3.0 Dual Location............................ Nashville Sch ool of L aw

COST NBA Member..................................................... $150.00 Non-Member..................................................... $200.00 Law Student......................................................... $15.00

* Accreditation Pending

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.

The NBA All-Access CLE Pass

Save the Date: Upcoming CLE

For $199, members may register for an unlimited number of any NBA-produced* seminars, both in-person and through Distance Learning throughout Wednesday & Thursday, September 24 & 25

Government Practice Institute

the membership year (November 1

Tennessee State Library & Archives

through October 31**).

Thursday, October 23

The All-Access CLE Pass is exclusive to

The NBA Estate Planning and Probate Institute 2025

NBA members only. For details and

Nashville Bar Association Office

more information regarding the AllAccess CLE Pass, visit NashvilleBar.org/

Tuesday, October 28

Family Law Institute 2025

CLE.

Nashville Bar Association Office Thursday. November 6

The Nashville Bar Association's Annual Historical CLE Metro Government: The Best Idea Nashville Ever Had Nashville Public Library

*Some exclusions for All-Access CLE Pass usage apply for special programming including but not limited to CLE Institutes, Master Series speakers, travel-related CLE, some YLD seminars, and other seminars in which we partner with outside entities. **The All-Access CLE Pass expires annually on October 31. You may purchase a new pass to be used for seminars beyond that date.

SUMMER 2025 | NASHVILLE BAR JOURNAL

37

Nashville Bar Foundation Fellows Gala | March 1, 2025

SUMMER 2025 | NASHVILLE BAR JOURNAL

39

NBA Law Day 2025 | May 1, 2025

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE! SUMMER 2025 | NASHVILLE BAR JOURNAL

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NBA + NBF Golf Tournament | May 20, 2025

Asian American & Pacific Islander Happy Hour | May 15, 2025

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE! SUMMER 2025 | NASHVILLE BAR JOURNAL

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Hearsay | Honors & Awards, On the Move, Firm News Honors & Awards Bradley Arant Boult Cummings LLP is pleased to announce that Alé Dalton has been selected as an “On the Rise in Tennessee” winner by the 2025 Southeastern Legal Awards presented by ALM’s Law.com and the Daily Report. The Southeastern Legal Awards honor attorneys in North Carolina, South Carolina, Georgia, Mississippi, Louisiana, Alabama, and Tennessee who have left an indelible mark on the legal community in the Southeast and beyond through their unwavering dedication to the profession.

An attorney at Bradley since 2016 who was elevated to partner in 2024, Dalton is a member of the firm’s Healthcare Practice Group.

Bradley Arant Boult Cummings LLP is pleased to announce that Brooks R. Smith has been elected a Fellow of the American College of Real Estate Lawyers (ACREL). Founded in 1978, the ACREL is a national association of preeminent commercial real estate lawyers focused on service to clients, colleagues, and the profession. Smith focuses his practice on all aspects of real estate transactions, including borrowerside financings, joint ventures, and development projects on a national basis.

Bradley Arant Boult Cummings LLP is pleased to announce that Preston White has been named to the 2025 Nashville Top 30 Under 30 list by the Tennessee Chapter of the Cystic Fibrosis Foundation. The annual list celebrates some of Nashville’s most accomplished young professionals and philanthropists under 30, recognizing their outstanding contributions to the community while supporting the Cystic Fibrosis Foundation’s efforts to develop treatments and find a cure for cystic fibrosis. White is an associate in the

44

firm’s Real Estate Practice Group. His practice focuses on drafting and editing lease agreements, purchase and sale agreements, financing and ancillary closing documents, and letters of intent, as well as assisting in due diligence.

On the Move Waddey Acheson law firm announced the addition of longtime local attorney W. David Bridgers, bringing experience and expertise to the expanding litigation practice. Bridgers joins Waddey Acheson from Holland & Knight where he was a partner since 2015 when he joined the former Waller Lansden Dortch & Davis firm, which merged with Holland & Knight in 2023.

He has vast experience in healthcare and environmental law, along with various commercial and business litigation and white-collar criminal defense.

Lauren Kilgore has joined Sony Music Nashville & Provident Entertainment as Senior Vice President, Legal and Business Affairs. In her new role, Kilgore will manage and direct the legal activities for both labels, collaborating with various business leaders locally and within Sony Music Entertainment to develop and implement SMN and PE’s legal, business and operational strategies.

Kilgore comes with almost 15 years of experience as an entertainment attorney, representing Grammy Awardwinning artists, producers, songwriters, TV contestants, record labels, publishing companies, managers and other creatives. She has worked with a wide range of clients, including Paramore, Jackson Dean, Ben Williams, Black River Entertainment, Shenandoah and Walk Off Entertainment.

Bradley Arant Boult Cummings LLP is pleased to announce that

NASHVILLE BAR JOURNAL | SUMMER 2025

Katherine Barnes Cohn has joined the f irm’s Nashville office as counsel in the Environmental Law Practice Group. Barnes Cohn has a wide range of environmental law experience, with a particular focus in water law and solid and hazardous waste law, and she also works with clients on administrative, property and contract law, including brownfield agreements. For more than seven years, she served as senior associate counsel at the Tennessee Department of Environment and Conservation (TDEC).

Sherrard Roe Voigt & Harbison is pleased to announce that Robert “Jaz” Boon has joined the firm as a member of its Litigation practice, where he will counsel clients on various business disputes and commercial matters, as well as environmental and health and safety compliance.

Prior to joining the firm, Jaz served as an Assistant General Counsel at Bridgestone Americas, Inc. where he provided legal advice and support for the environmental, health and safety, and sustainability needs of the business. He began his career at Waller Lansden Dortch & Davis, LLP, where he was a member of the firm’s trial and appellate practice group.

Firm News Michaela D. Poizner was named chair of Baker Donelson’s Health Law and Public Policy Department.

As chair of the Health Law and Public Policy Department, Poizner will oversee more than 200 attorneys and public policy advisors across 11 states and Washington, D.C. While serving as the department's chair, she will maintain her legal practice focused on working with provider organizations in the behavioral, medical, and long-term

health care industries to accomplish their strategic business and operational compliance goals.

International law f irm McDermott Will & Emery we l c o m e d f o u r n e w partners to its Health & Life Sciences Practice G ro u p : Ke n M a r l ow , Wells Beckett, Stephen Page, and Spencer Green. Joining from K&L Gates, this group opens McDermott’s new office in Nashville, Tennessee, expanding into a critical market for the healthcare industry. Marlow is a Tier-1 Chambers-ranked practitioner who brings extensive experience assisting health systems, other healthcare providers, and private equity funds with their mergers and acquisitions (M&A), investments, divestitures, and joint ventures. Becket represents healthcare organizations and investors in complex corporate and transactional matters. With his deep understanding of healthcare regulatory, compliance, and operational challenges, he is an asset to both new health industry entrants and traditional healthcare companies navigating the evolving and highly regulated industry.

Page advises clients on strategic, operational, and regulatory matters, including fraud and abuse compliance, self-referral laws, licensure, corporate practice of medicine, and patient privacy. His clients include hospital systems, digital health companies, rehabilitation companies, physician and dental practice management companies, and healthcare investors.

Green focuses his practice on business and corporate matters, including M&A, corporate governance, private f inancing, and joint ventures. His experience spans various industries, with a particular focus on healthcare and digital health companies, and includes working with hospitals, health systems, venture capital funds, management services organizations,

and healthcare technology companies.

B a ke r D o n e l s o n h a s elected new shareholders across the Firm, including Brian C. Pike, Kenny L. Saffles, and Hunter Threet of the Firm's Nashville office. Pike is a member of Baker Donelson's Office of the General Counsel, where he advises the Firm on professional liability defense, contracting, and risk mitigation strategies. Pike also assists the Firm with technology contracting and advises the Firm on artificial intelligence. Saffles represents clients in high-stakes litigation involving commercial disputes, products liability, transportation, f inancial services, premises liability, medical malpractice, fraud, consumer protection, and bad faith, among other areas. His practice includes defending businesses across industries ranging from retailers and financial institutions to manufacturers, health care providers, and insurance companies. A member of the Firm's Corporate Group, Threet helps clients navigate complex investment transactions and acquisitions. He advises venture capital funds, family off ices, and angel investors on structuring, documenting, and closing growth equity investments. As outside counsel to emerging companies in the health care and technology sectors, he provides strategic guidance on commercial contracts, corporate governance, and intellectual property protection.

Bass, Berry & Sims is pleased to announce that Ginna Winf ree Burrell has joined the f irm to lead the Alcoholic Beverage Law practice team. As counsel in Nashville, Burrell brings experience as the former Assistant Director and Interim Director of the Tennessee Alcoholic Beverage Commission (TABC). Burrell’s deep knowledge of state and federal alcoholic beverage laws and regulations allows

her to advise clients like restaurants, retail stores, hotels, bars and others as they navigate permitting and licensing matters. She also counsels the manufacturers, importers, and wholesalers of alcoholic beverages.

Burrell advises clients related to state and federal liquor license requirements, regulatory and enforcement matters, administrative hearings and a wide variety of other legal actions related to alcoholic beverage ordinances and statutes. In her role leading the firm’s Alcoholic Beverage Law team, Burrell will collaborate with colleagues across legal disciplines to guide clients through critical areas including corporate, litigation, government advocacy, distribution and trade, environmental, tax, advertising, marketing, and intellectual property.

Sherrard Roe Voigt & Harbison is pleased to announce that Corey A. Williams has joined the firm as an associate in its Construction and Commercial Litigation practices with experience practicing in state and federal courts and in arbitration on a broad range of litigation matters, with a primary focus on construction matters. Corey graduated magna cum laude from Rutgers Law School where he was an articles editor for the Rutgers University Law Review, a member of the Order of the Coif, and Vice-President of the Veteran’s Law Society.

Bradley Arant Boult Cummings LLP has launched an International A r b i t r a t i o n tea m f o c u s e d o n representing clients globally in international commercial and investment treaty arbitrations.

Bradley’s International Arbitration team provides sophisticated counsel to clients throughout all aspects of the arbitration process, including drafting arbitration agreements, arbitrator selection, interim and emergency relief applications, written submissions, evidentiary hearings and enforcement of arbitral awards. n

SUMMER 2025 | NASHVILLE BAR JOURNAL

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Reserve Our Facilities The NBA offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville. We have a spacious Conference Center and a smaller Board Room – both of which have WiFi access, a computer, and phone – available for your use.

For more information, contact NBAFrontDesk@NashvilleBar.org or visit NashvilleBar.org/ReserveOurFacilities

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

McCracken Kuhn Marks PLLC

Baker Donelson

McDermott Will & Emery

Belcher Sykes Harrington, PLLC

McGlinchey Stafford, PLLC

Brewer, Krause, Brooks, Chastain & Meisner, PLLC

Meridian Law, PLLC

Butler Snow, LLP

Mobley & Gontarek, PLLC

Cole Law Group, P.C.

Nashville Electric Service

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

Neal & Harwell, PLC Nelson, Mullins, Riley & Scarborough, LLP

Cornelius & Collins, LLP

North, Pursell & Ramos, PLC

Dickinson Wright, PLLC

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

Dodson Parker Behm & Capparella, PC Equitable Trust Company Evans, Jones & Reynolds, PC Fisher & Phillips LLP Frazer PLC Frost Brown Todd, LLC Grissim & Hodges Gullett Sanford Robinson & Martin PLLC Hall Booth Smith, PC Hayes Thomas PLC Healthcare Realty Trust, Inc.

Ortale Kelley Law Firm Parker, Lawrence, Cantrell & Smith Patterson Intellectual Property Law, PC Phelps Dunbar LLP Polsinelli, PC Rainey, Kizer, Reviere & Bell PLC Raybin & Weissman, PC Reno & Cavanaugh, PLLC Riley & Jacobson, PLC Rogers, Shea & Spanos, PLLC Sims|Funk, PLC

Holton & Mayberry, PC

Smith Cashion & Orr, PLC

Kay Griffin Evans, PLLC

Smythe Huff & Murphy, PC

Keller, Turner, Andrews & Ghanem, PLLC

Southern Environmental Law Center

Kinnard Law

Spicer Rudstrom, PLLC

Klein Solomon Mills, PLLC

Starnes Davis Florie, LLP

Law Offices of John Day, PC Legal Aid Society of Middle TN Leitner, Williams, Dooley & Napolitan, PLLC Lewis Thomason, P.C. Lieff, Cabraser, Heimann & Bernstein, LLP Lindsey Amonette McCarter Beauchamp + Glassford PLLC Martin Heller Potempa & Sheppard, PLLC Matt Hardin Law, PLLC

Stranch, Jennings & Garvey, PLLC Sutherland & Belk, PLC Swafford Law Taylor, Pigue, Marchetti & Blair, PLLC The Blair Law Firm The Tennessee Justice Center Watkins & McNeilly, PLLC Wiseman | Ashworth | Trauger

May & McKinney, PLLC

SUMMER 2025 | NASHVILLE BAR JOURNAL

47

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