Nashville Bar Journal | February/March 2021

MIKE ABELOW, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE SAPP, Managing Editor

LAUREN POOLE, Managing Editor

JILL PRESLEY, Layout/Design/Production

EDITORIAL COMMITTEE

RAMONA DESALVO

TIM ISHII

KELLY FREY

SUMMER MELTON

ROB MARTIN

BART PICKETT

KATLIN RYAN

KRISTIN THOMAS

JONATHAN WARDLE

NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly 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 Jill.Presley@ 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 2,700+ members—is the largest metropolitan bar association in Tennessee.

FROM THE PRESIDENT

Disaster Response | Mike Abelow

The Nashville Bar Association has unfortunately become one of the most experienced bar associations in the country in responding to disasters. From the 2010 500-year flood, to the 2020 tornado, to the COVID-19 pandemic, we have learned how to deliver critical services quickly and creatively to our members, fellow lawyers, and the community.

That skill was put to use again on the morning of Christmas Day, December 25, 2020, when we received the first reports of a bombing in downtown Nashville on Second Avenue North. Former NBA President Jonathan Cole of Baker Donelson, who was President during the 2010 flood, and former NBA President Laura Baker of the Law Offices of John Day, who served during last year’s tornadoes and pandemic, immediately offered their help and hard-earned expertise to assist with our response. The NBA Young Lawyers Division President Joseph Hubbard of the Kay Griffin firm offered insight from personal experience: his law firm’s offices are in the Washington Square building on Second Avenue and his input grounded our discussions in what lawyers in the area most needed.

Through bar member Worrick Robinson, IV, we contacted Metro Police and FBI personnel, and obtained a tour of the area so that we could better understand what the impact of the bombing would be on our members and the community. This was of significant assistance as we began to provide our members with resources and information and provide more concrete assistance to those members who could not access their offices and client files.

Many of you joined the NBA in volunteering office space to our displaced members. The spirit of generosity shown by our members to their colleagues reaffirms one of the distinguishing characteristics of lawyers in Nashville: we may be adversaries in court or across the negotiation table, but even while representing competing interests, we remain fellow members of the bar. It is heartening to be reminded yet again that, in Nashville, that means something real. Collegiality and generosity may be fragile and increasingly rare commodities, but I am proud that the NBA has always been successful in nurturing and maintaining these qualities among its members.

Your service extended to more than just our membership. We reached out to the more than 200 lawyers on Second Avenue North who are not bar members to offer space and other assistance. On Friday, January 15, we are partnered with the Tennessee Alliance for Legal Services, the Tennessee Bar Association, and the Legal Aid Society to offer an online legal clinic to small businesses and individuals impacted by the bombing. This clinic was modeled after the successful online clinic for small businesses that the NBA pioneered with TALS for small businesses economically impacted by COVID-19.

As I write to you, there is much more to be done, and we will not rest on our laurels until we have done all that we are able to do for the victims of the Christmas Day bombing, whether they be members, non-members, small businesses, or individuals in need of legal aid. All of this is made possible by your NBA membership. For that, I thank you. n

FEBRUARY 2020

NOTE: Per CDC guidelines, all meetings will be held virtually until further notice. Please check NashvilleBar.org/ Calendar for the latest updates.

MARCH 2021

2021 NBA BOARD OF DIRECTORS

MICHAEL ABELOW, President

MARTESHA JOHNSON, President-Elect

LYNNE INGRAM, First Vice President

DANIEL BEREXA, Second Vice President

JOSH BURGENER, Secretary

JUSTIN CAMPBELL, Treasurer

FLYNNE DOWDY, Assistant Treasurer

LELA HOLLABAUGH, General Counsel

JOSEPH HUBBARD, YLD President

LAURA BAKER, Immediate Past President

HON. MELISSA BLACKBURN, First Vice President-Elect

LIZ SITGREAVES, Second Vice President-Elect

BAHAR AZHDARI

JAZ BOON

BRIGID CARPENTER

RAQUEL EVE OLUYEMO

SAM FELKER

LORA BARKENBUS FOX

MARY TAYLOR GALLAGHER

JEFF GIBSON

PAZ HAYNES

KIM LOONEY

HON. ELLEN HOBBS LYLE

MARLENE ESKIND MOSES

JUNAID ODUBEKO

KAYA GRACE PORTER

TIM WARNOCK

LUTHER WRIGHT, JR.

HON. BILL YOUNG

GULAM ZADE

NBA TEAM

MONICA MACKIE, Executive Director

CAMERON GEARLDS, CLE Director

TRACI HOLLANDSWORTH, Programs & Events Coordinator

JILL PRESLEY, Marketing & Communications Director

SHIRLEY ROBERTS, Finance Coordinator

VICKI SHOULDERS, Membership Coordinator, Office Manager

Hear Ye, Hear Ye | Events of Interest

Liberty Bell Award Nominations

Nominations are now being sought for the Liberty Bell Award, which will be presented during the Law Day Luncheon at a date to be determined. This award is given to the person or group—not necessarily attorneys or law related groups—who has promoted a better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government. Nominations should be submitted to the NBA Community Relations Committee via Traci.Hollandsworth@nashvillebar.org no later than Friday, March 12. n

Jack Norman, Sr. Award Nominations

Nominations are being sought for the Jack Norman, Sr. Award, which will be presented during the NBA Law Day Luncheon at a date to be determined. Nominations and supporting documentation should be emailed to the NBA Criminal Law & Criminal Justice Committee Co-Chair, Ben Raybin, at braybin@ nashvilletnlaw.com no later than Friday, March 12. Visit NashvilleBar.org/Awards to learn more. n

HAVE AN IDEA FOR AN ARTICLE?

We want to hear about the topics and issues you think should be covered in the journal. Send your ideas to Jill.Presley@nashvillebar.org

In celebration of the American Bar Association’s Law Day, the Nashville Bar Association invites you to join us at a date to be determined, at the Downtown Renaissance Hotel for our Law Day lunch.

For the latest information, stay tuned to NashvilleBar.org/LawDay

ABOUT THIS YEAR’S LAW DAY THEME:

The rule of law is the bedrock of American rights and liberties—in times of calm and unrest alike. The 2021 Law Day theme—Advancing the Rule of Law Now— reminds all of us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice. n

WE’VE GOT YOU COVERED! Visit NashvilleBar.org/CLE for the latest.

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 Vicki.Shoulders@nashvillebar.org with questions or to learn more.

Due to health and safety concerns of participants and staff surrounding COVID-19, we will be continuing with virtual programs for the forseeable future. Thank you for your patience!

2021 LIVE ZOOM SEMINARS

Life After the Vaccine: Legal Issues for the Workplace and Campuses

February 18 | 12:00-1:00pm

Mike Krause, Bradley

Chuck Mataya, Bradley

Navigating Employer Obligations under the FFCRA, Emergency FMLA Expansion, and CARES Act

February 24 | 12:00-1:00pm

Kevin Klein, Klein Solomon Mills, PLLC

Paige Lyle, Klein Solomon Mills, PLLC

NBA Professional Development CLE Series

March 2 | Leveraging LinkedIn

March 9 | How to Become a Partner

March 23 | Maximixing Professional Effectiveness

March 30 | Overwhelmed, Overstretched, and Over It!

DISTANCE

CREDITS WITH SEMINAR WEB

NEW MEMBERS

(NOVEMBER 1 - DECEMBER 31)

Joseph Bucaro

Whitney Culbreath

Kevin DeHart

Sean Flood

Emily Gould

Christopher Harrelson

Keith Heath

Justin Heeg

Samuel Henninger

Amber Kaset

Maral Mara

Kenshandra Mitchell

Grace Cooley Peck

William Pugh

Anthony Schlehuber

Austin Shaffer

Rebecca Toca

Check out our new and improved digital CLE platform with online seminars available at NashvilleBar.org/DistanceLearning! Choose from the following relevant and focused topics:

Accounting for Nonprofits | Block Chain

Client Privilege | Corporate | Depositions

Elder Law | Ethics | Family Law | Federal Practice

Government | Guardian Ad Litem | History

Immigration Law | Probate | Real Estate

Solo & Small Firm | Technology | Trial Practice | Wills

Lydia Sherene Wade

Chris Warren

A Tale of Two Nashville Giants: Napier & Looby’s Legacy of Law

James Carroll Napier and Zephaniah Alexander Looby are known for lending their monikers to the Napier Lobby Bar Association. The Association was founded in 1933 in Nashville for African Americans, prior to the integration of the Nashville Bar Association in 1966.

These trailblazing attorneys made a name for themselves during a time when there were very few African Americans practicing law in Nashville. Although Napier was 56 years Looby’s senior, in 1928, he and Looby were the only two African American lawyers practicing in Nashville.

My family knew both men well, as my great, great grandfather Prince Albert Ewing was the first African American lawyer in Nashville in 1871, and my grandfather Rev. Richard Albert Ewing was Napier’s minister, giving his eulogy in 1940.

James

Carroll Napier

On June 9, 1845, James Carrol “JC” Napier was born near Nashville. It was not until three years after his birth, in 1848, that Napier and his parents were granted their freedom. The Napiers believed in the power of education and opened a school to educate freed African Americans in Nashville at a time when few were educated. The Napier’s school was short-lived as the State of Tennessee closed it due to laws making it illegal to teach African Americans how to read and write.

Napier Meets John Langston

Despite early setbacks in education and equality in the South, Napier persevered with the most significant event of his early years occurring on December 30, 1864, when he met John Mercer Langston. Langston was visiting Nashville in 1864

to speak to the victorious US Colored Troops and others following the Battle of Nashville. Four years after his visit, Langston would become the founding Dean of Howard University’s Law School, the first African American law school in the US.

After his brief meeting of Langston, Napier continued to pursue his education and graduated from the newly formed public schools for African Americans in Nashville. His education continued when his family moved to Ohio, where he attended Wilberforce College and Oberlin College, where Langston had earlier graduated.

Napier returned to Tennessee and was appointed by Governor William Brownlow to serve as the Commissioner of Refugees and Abandoned Lands in Davidson County, where he was charged to audit the claims of citizens whose property was destroyed during the Civil War. Following this appointment, he traveled to Washington, DC where he was appointed as a State Department Clerk, the first African American to do so.

In 1870, Napier’s path again crossed with Langston when he enrolled at Howard University Law School where Langston was serving as the Dean. Napier was one of the best law students, and was remembered for his oration in a speech he delivered titled, “Let the Jury Respond to the Facts.”

Napier & Nashville

In 1872, Napier was licensed to practice law and returned to Nashville. The following year, Napier married Langston’s youngest daughter, Nettie. Napier was one of a small number of African American lawyers who practiced law in the 1870s and still remained involved in politics. From 1878 to 1885, Na(continued on page 8)

Feature Story | A Tale of Two Nashville Giants (continued from page 7)

pier served in the Nashville City Council until the Jim Crow segregation and gerrymandering caused the local districts to no longer have a majority African American district.

Napier and other African American professionals established an African American business district in Downtown Nashville on 4th Avenue between Martin Luther King, Jr. Boulevard and Deaderick Street. African American lawyers, doctors, newspapers, undertakers, and businesses operated in this area. In addition, Napier and other business leaders established the One Cent Saving Bank in his office on 4th Avenue, which is known today as Citizens Bank, the oldest continuously operating African American Bank in America.

Napier served as the cashier of the bank and was appointed by President Taft as the Register of the US Treasury in Washington, DC. From 1911 to 1913, Napier served in this important role and his signature appeared on all US currency.

Napier continued to practice law in his 80s and 90s and was active in Nashville law and politics. In 1933, 41 years after the first Davidson County Colored Bar Association was started in 1892, the JC Napier Bar Association was founded for African American lawyers. Napier was later appointed to the new Nashville Housing Association in 1938, becoming the first African American to serve on a city board.

Alexander Looby

Z. Alexander Looby was born in Antiqua, British West Indies, in 1899. He came to the US as a child and graduated from Howard University. Later, he graduated from Columbia University with an LLB in 1925, and received the

prestigious Doctorate in Jurisprudence from New York University in 1926.

Looby moved to Nashville in 1926 and took a job as an Associate Professor of Economics at Fisk University. In 1928, he passed the Tennessee Bar Exam in the Fall with the highest score in Tennessee that session and started practicing law.

The first generation of African American lawyers in Nashville after the Civil War had moved away retired and died. When twin brothers and lawyers Prince Albert Ewing and Taylor G. Ewing died in 1921 and 1922, J.C. Napier was the only African American lawyer left in Nashville.

In 1928, when Looby opened his office, Napier and Looby were the only African Americans practicing law in Nashville. Just as Napier pushed for the education of African Americans early in his career, Looby saw the need to educate African Americans as lawyers. With no options in Tennessee for African Americans to receive a legal education, Looby opened up the Kent College of Law in 1932 and served as Dean. He closed the school in 1941 after the Tennessee Supreme Court made two years of college a requirement to attend law school and increased the hours to 720 hours of training.

The short-lived law school did graduate Vernette Grimes who, in 1939, became the first African American woman to pass the Tennessee Bar Exam, and Bob Lillard, who became the first African American to serve on the Nashville Bar Association Board of Directors in 1971.

Looby and the NAACP

In 1939, Looby worked on the first of many cases for the National Association for the Advancement of Colored

People (NAACP) with Thurgood Marshall, suing the University of Tennessee to allow attendance of African American students. In 1942, the two sued the City of Nashville over discrimination of African American public school teachers making less than white teachers. Looby continued to advocate for African American lawyers and became President of the J.C. Napier Bar Association in 1943.

Looby was hired by the NAACP in 1946 to work with Thurgood Marshall to defend 25 African Americans charged with attempted murder of 4 white police officers after recent unrest in Columbia, Tennessee. Shots fired at these officers hit each one when they refused to leave the area after a controversial arrest of an African American on attempted murder charges, sparked by an argument with a white clerk who crashed through a window. The case attracted national attention, as later two African Americans in jail awaiting trial were killed by Columbia policemen. Marshall and Looby received an acquittal of 23 of the 25 charges from the all-white jury and only one African American was later tried and convicted of murder in 1947.

Looby ran for City Council in 1951 and won, becoming the first African American on the City Council since 1911 when JC Napier was elected. He continued to sue the City of Nashville for discrimination against African Americans. In 1957, after Brown v. Board of Education, when Nashville refused to integrate its schools, Looby won his case in federal court to open the previously white Nashville schools to African Americans.

In 1960, Looby represented the African American college students, including John Lewis and Diane Nash, who led the nonviolent peaceful protest

(continued on page 23)

2020 Election Roundup

2020 saw Tennesseans vote in both local and national elections. In Davidson County, unopposed TN House of Reps were elected as follows, Representatives Bo Mitchell of District 50, Bill Beck of District 51, Jason Powell of District 53, Vincent Dixie of District 54, John Ray Clemmons of District 55, Harold Love of District 58, Jason Potts of District 59, and Darren Jernigan of District 60 ran unopposed and were elected to their respective seats. In District 52, Mike Stewart defeated Donna Tees, and in District 56, Bob Freeman defeated Diane Canada.

In Williamson County, incumbent Brandon Ogles retained his seat as Representative in District 61. Glen Casada retained his seat in District 63, as did Sam Whitson in District 65.

However, there were some notable shifts in incumbent representatives in other counties in the mid-state. In Wilson County, Clark Boyd ran unopposed in District 46 and incumbent Susan Lynn defeated Tom Sottek in District 57. In Sumner County, incumbent Terri Lynn Weaver defeated Paddy Sizemore in District 40, and William Lamberth ran unopposed in District 44, as did Johnny Garrett in District 45. In Robertson County, Sabi Kumar defeated Jennifer Foley in District 66. Lastly, in Rutherford County, Tim Rudd defeated Mary Vaughn in District 34, Charlies Baum defeated Ma-

riah Phillips in District 37, Bryan Terry defeated Matt Ferry in District 48, and Mike Sparks defeated Brandon Thomas in District 49. On the Senate side of the Tennessee General Assembly, Senator Dawn White was reelected to represent portions of Rutherford County, including LaVergne, Smyrna and part of Murfreesboro. Senator Shane Reeves was elected to represent the remainder of Rutherford County. In Wilson County, Senator Mark Pody won reelection. Turning to the Davidson County delegation, Senator Ferrell Haile of District 18 was reelected to his seat. In District 20, Senator Heidi Campbell defeated incumbent Steve Dickerson.

Tennesseans elected Bill Hagerty for Tennessee’s open seat in the US Senate, replacing retiring Senator Lamar Alexander; Representatives Scott DesJarlais of District 4 (Rutherford and Bedford counties, half of Maury county, and other counties in southern Middle Tennessee); Jim Cooper of District 5 (Davidson and Dickson counties, and half of Cheatham County); John Rose of District 6 (Robertson, Sumner, and Wilson counties, half of Chetham County, and other counties in northern Middle Tennessee); and Mark Green of District 7 (Montgomery, Hickman, and Williamson counties, half of Maury county, and other counties in Middle and West

CAN YOU NAME THESE PEOPLE?

Be the first person to email the correct answer to Jill.Presley@nashvillebar.org, and your name—along with the correct answer—will appear in the next issue.

DEC/JAN GOLDEN OLDIES

Congratulations to Chancellor Anne Martin who identified the individuals in last issue’s photo! From left to right: Nikki Bartley-Smith, Martha Boyd, Anne Arney, Judge Ana Escobar, Jim Weatherly, Patricia Eastwood, and Jonathan Cole.

The NBA is Bringing Tennis Back!

Stay tuned for details on how you can sign up for the Spring 2021 NBA Tennis Tournament!

BACKGROUND CHECK

Mike Abelow | Bart Pickett

so he could attend Washington & Lee University School of Law. During their time in Lexington, the couple got married and Mike discovered meaning in the law, helping inmates at the Alderson WV Federal Prison for Women. He enjoyed being a real lawyer and helping them with real civil and criminal legal issues.

years later. He started out practicing mostly business litigation, but over time he has added bankruptcy to account for about 50% of his practice.

The end of 2020 saw our successful—albeit virtual—Annual Banquet introduce many of us to our 2021 NBA president, Mike Abelow. Following in the footsteps of recent past presidents (including his three partners who previously held the same role), Mike excitedly took the reins.

The son of computer programmers (back before computers were popular), Mike spent his formative years growing up in Lincoln, Nebraska. When he was 14, his family moved to Baltimore, Maryland, where his maternal family lived. While in high school, Mike excelled in debate and earned a scholarship to James Madison University (JMU) in Virginia.

Reminiscing on his time at JMU, he looks back at himself as a total nerd. In addition to the debate team, he was a member of a service fraternity, which at the time, fancied themselves quite the party animals. During his junior year, he headed off to France to study for a semester program where he met his future wife, Cynthia.

After graduating college in 1996, Mike took a job working construction to fill the void. Eventually, Mike and Cynthia headed to Lexington, Virginia,

Following graduation, Mike headed north to clerk for a US Court of Appeals Judge in Rochester, New York. After completion of the one-year clerkship, Mike moved to DC where he took a job with a large litigation firm, and Cynthia started at Georgetown Law. Mike practiced government contracts and insurance coverage litigation. He later landed at the Federal Trade Commission’s Bureau of Consumer Protection as a litigator where he had planned to work for the remainder of his career.

Not long after, in what he thought was more of a joke, Mike got a call from his best friend, Phil Cramer, who he knew from Baltimore and who was a partner at Sherrard & Roe. Phil told him of a younger litigation partner who had left to go in-house and thus a potential opening. When Mike and Cynthia discussed the idea of leaving DC, it seemed more and more enticing, particularly since the couple had three young children. After coming to Nashville and meeting all the people at Sherrard, Mike and Cynthia packed up and moved the family to the South in 2007. Since then, Cynthia’s parents and Mike’s uncle have also seen the great things Nashville has to offer and also moved to Nashville.

Mike started as an associate at Sherrard but became partner a few

Inspired by his firm’s encouragement to be involved in the bar and community, Mike dove into NBA involvement. The Francophile particularly enjoyed the Sister City Committee and its connection to Caan, France. He has been on three of the bar trips to France and has chaired the committee. He also is a former chair of the Federal Court Committee. Outside of the bar, he has chaired the Tennessee Justice Center Board, and is a board member of the Nashville Urban Debate League.

The Abelows live in Oak Hill with their four children (three girls and one boy) ranging in age from 21 to 10 years old, a dog, three cats, and their quarantine-inspired pet chickens. Since the chickens’ favorite treat is mealworms, Mike has started a mealworm farm to raise them from larvae. When not tending to the chickens, you might also find him playing his new favorite sport of pickleball, along with other bar members, including Phil Cramer and Brian Roark. n

BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups in litigation throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

Editorial |

Tennessee) were all elected to the US House of Representatives. For the presidential election, Tennessee’s 11 electoral votes went for President Donald Trump.

Many states saw an overwhelming increase in the number of voters who utilized absentee or mail-in voting options due to the spread of the novel coronavirus, COVID-19.1 In the days immediately after the election, the Trump campaign quickly filed lawsuits in many states, including Michigan, Wisconsin, Georgia, and Pennsylvania.2 The majority of the suits were eventually dismissed.3

Despite the high drama, a winner was declared in Democratic nominee Joe Biden and on December 14, the members of the Electoral College met in the various state capitols and awarded 305 votes to Vice President Biden.4 On January 6, members of the US Senate and House of Representatives gathered to formalize the results of the Electoral College.5 Some members of the Senate and House planned to object to the results of certain state elections.6 However, a protest in support of President Trump became riotous and some individuals physically breached the Capitol building.7 As Senator Ted Cruz objected to Arizona’s election results, the Senate was forced to recess.8 After Capitol police regained control of the Capitol complex and the Senate and House resumed their sessions, many of the legislators withdrew their objections to the Electoral College results. Vice President Mike Pence, as the President of the Senate, confirmed the results of the Electoral College around 3:40am on Thursday, January 7, 2021.9

The high drama and deep divide of America seen through the presidential election of 2020 will be remembered and studied by many for years to come. Some will remember it as the election of

the first woman, first African American, and first Asian American becoming Vice President of the United States in the same year as the 100th anniversary of the ratification of the Nineteenth Amendment. All will remember the turbulence and unrest. The silver lining of this tumultuous time in American history is that voter turnout for the November 2020 election was the highest in 120 years. Now that is something to celebrate.10 n

This article represents the opinions of the author and not necessarily those of the Office of the Tennessee Attorney General and Reporter.

Endnotes

1 Michael Wines, As Trump Disputes Election Results, Republicans Target Voting by Mail, The New York Times (Dec. 10, 2020).

2 Brett Samuels, Trump campaign sues to halt vote counting in Michigan, The hill (Nov. 4, 2020); Scott Bauer, Biden narrowly wins Wisconsin; Trump to call for recount, sTar TribuNe (Nov. 5, 2020); Alison Durkee, Judge Says Trump Campaign Has ‘No Evidence’ To Support Georgia Mail-In Ballot Claims, Forbes (Nov. 5, 2020); Josh Gerstein, Trump campaign revises Pennsylvania suit, again, PoliTico (Nov. 18, 2020).

3 Alison Durkee, Trump And The GOP Have Now Lost More Than 50 Post-Election Lawsuits, Forbes (Dec. 9, 2020).

4 Jeremy Herb, Electoral College affirms Biden win, shaking loose fresh Republican recognition, CNN (Dec. 14, 2020).

5 Nicholas Wu & Camille Caldera, What to expect when Congress meets to count Electoral College votes and Republicans object usa TodaY (Jan. 6, 2021).

6 Natalie Allison, Marsha Blackburn, Bill Hagerty reverse course, vote to uphold presidential election, TeNNesseaN (Jan. 6, 2021).

7 Capitol building breached by pro-Trump mob, The washiNgToN PosT (Jan. 6, 2021).

8 Caroline Linton & Melissa Quinn, Key Republican senators withdraw objections to Electoral College count after Capitol siege, CBS News (Jan. 7, 2021).

9 Melissa Quinn, et al., Pence announces Biden’s victory after Congress completes electoral count, CBS News (Jan. 7, 2021).

10 Kevin Schaul, et al., 2020 turnout is the highest in over a century The washiNgToN PosT (Nov. 5, 2020).

SAMANTHA SIMPSON is an Assistant Attorney General at the TN Attorney General, Criminal Appeals Division. She serves as an Arts Immersion co-chair in the NBA YLD, as an Archivist for LAW, and on the Executive Council for the Criminal Justice Section of the TBA. She also serves on the Membership Committee of the American Inn of Court at Belmont University College of Law.

2020 Election Roundup (continued from page 9)

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Dating Apps: Be My Valentine? | Bill

based on our survey, these are the most promising.

Ramsey & Phillip Hampton

When the NBA Editorial Committee asked us to write an online dating article for our Valentines issue, we went what the ****?! Bill is happily married. We don’t know how he managed to trick Lisa. And Phillip’s phone is ringing off the wall with calls from admirers. Nevertheless, out of a sense of duty, we have done our research by talking to users of several of these services, so here you go.

Now that we have COVID-19, gone are the days of going to bars, concerts, or large parties to try to find a mate. However, we have heard that workout classes are still a place to meet your match. So, maybe you should try a dating app. As always, Bill and Phil are here for you, giving advice on all things tech (even dating).

First, the basics. You must be ready to sell yourself. If the thought makes you break out in hives, then dating apps are probably not for you. Second, you need to decide on your goals. Do you want a long-term relationship? Or, do you just need some companionship, even if just for a night or two? Third, you need to be aware of the risks of meeting strangers via the internet. Fourth, in these pandemic days, you should consider confining your first “date” to a video chat or two. That gives “Zoom went the strings of my heart” a whole new meaning.

Here is our list of the top 10 dating services. There are many more, but

Tinder has a very large user base, and is ideal for those who don’t want to fill out a huge background form so that they can be matched via some sophisticated algorithm. It is for those who base their decisions totally on looks. Users just scroll through pictures and swipe right if you like and left if you don’t. You can upgrade (at a cost) for features such as unlimited swipes, undoing left swipes, and sending “Super Likes.”

Bumble is the “Sadie Hawkins Day” of the online apps. On this service, women must make the first move. Matches expire in 24 hours, but women can avoid messages from weirdos. You can also look for BFFs who are considered “just friends.”

OkCupid is the app for those who are left-leaning politically. It allows the use of many gender identities (12 to be exact) and even more sexual orientations. Users can even choose the pronouns to be used when being referred to. It also features “deal breaker” questions you can ask your potential date. It does have an algorithm to suggest potential matches.

Facebook already knows most everything about you. Why not give it even more personal data through Facebook Dating? The good news is that it is free. The bad news is there is no video chat feature. Of course, you have to have a Facebook account, but Facebook says the information is not used on the public side of Facebook. Sure.

The Grindr app is strictly for men looking to date other men. It has been around for a good while and is quite successful. It is geared primarily for a quick, casual date.

Eharmony is a more traditional on-

line dating service and is well-known because of all the advertising and its longevity. It is designed for those who want to find long-term relationships. It is expensive, but has a good success rate.

POF (Plenty of Fish) is a very popular dating app across the globe. It has over 70 million users in English speaking countries. I guess there are “too many fish in the sea,” The Marvelettes sang. It also allows video dating and, in fact, encourages it. The parent company owns several other online dating services, including Tinder, but sexy language in your profile will get you banned—like Trump and Twitter.

Hinge is for those that don’t necessarily want to commit to a relationship (as on eharmony), but want something more serious than a Tinder date. You can build detailed, creative profiles. In fact, you are encouraged to do so. Tinder’s parent company owns this one, too.

Our expert consultants, especially those in the legal field, like The League a lot, because you must qualify and be accepted on this service. It is intended for the ambitious, career-oriented “elite.” It is meant to be an exclusive club, and assesses your LinkedIn and Facebook accounts to see if you are worthy. You can be admitted via a reference from someone who has already been admitted.

If you’d like to learn more, there is a comprehensive list of all online dating services on Wikipedia that compares all their features. Hopefully, though, COVID-19 will lighten up and you can go back to bars to “look for love in all the wrong places.” n

See you next month, Bill & Phil

LEGISLATIVE COLUMN

Capitol

Notes |

Peggy Sue, the Beagle Hound

regular 2021 session is expected to end in early May.

Davidson County Legislative Leaders

LAWYER REFERRAL & INFORMATION SERVICE

That idea would go down like a shot dog.

TN Constitution Article II, Section 8

Tennessee’s State Constitution requires a newly elected General Assembly to convene on the second Tuesday in January, and so they have. Tennessee is one of 45 states that will have a legislative session in 2021, and 40 of those states were scheduled to go into session in January. Then along came a pandemic with Tennessee now at the center of it all. The states have all taken different approaches with some charging ahead, and others with a more cautious approach. Senate Speaker Randy McNally and House Speaker Cameron Sexton have been reelected and have appointed the committees for the two houses. Jointly, the two houses have also elected three constitutional officers: comptroller, treasurer, and secretary of state.

Governor Bill Lee called an extraordinary legislative session that convened on January 19 to deal with education issues. The General Assembly then reconvened in regular session on February 8 and began serious deliberations on Governor Lee’s proposed budget for the 2021-2022 state fiscal year. Other issues expected to dominate the 2021 legislative session include election security and gubernatorial authority during a state of emergency. While the virus makes all scheduling tentative, the

Senator Ferrell Haile, who represents all of Sumner and Trousdale counties and a chunk of Davidson County, maintains his position as Senate Speaker Pro Tem and as a trusted lieutenant of Republican Senate Speaker Randy McNally. Representative Vince Dixie, who was just elected to his second term in November for the 54th state house district in Davidson County, succeeds Nashville attorney Mike Stewart as the House Democratic Caucus leader.

State Comptroller Justin Wilson

Attorney Justin Wilson has announced that at age 75 he will not seek a 7th term as Tennessee’s comptroller. The primary responsibility of the comptroller is to perform financial and performance audits of state agencies and their grant recipients and financial audits of local governments. It sounds and is dry, but the office has consistently offered wise financial counsel to state and local leaders, and the office is largely responsible for the state’s solid financial position. We wish Justin a happy wag of the tail as he writes his next chapter.

Calendar Notes

1. The 112th General Assembly will reconvene in regular session on February 8.

2. The deadline to introduce general bills in the State Senate is the close of business February 11.

3. The State and the NBA will observe Presidents’ Day on February 15. n

PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

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Immigration Snapshot for Employers During COVID-19

Can our foreign national employee work from home? If so, does our company have to notify the government?

With the exception of an H-1B employee, a foreign national can work from any location. Most work visas are not location-specific, and no notice to the government is required if a foreign national employee changes worksites. In contrast, an H-1B visa is location-specific and the employee must work at one of the following:

• the worksite approved by the United States Citizenship and Immigration Services;

• an alternative worksite that is within the Metropolitan Statistical Area (MSA) where the approved worksite is located; or

• an alternative worksite within “normal commuting distance” of the approved worksite.1

If an alternative worksite within the MSA is used, the employer must post a notice for 10 consecutive business days regarding that alternative worksite. The posting must begin on or before the day that work begins at that location. It can be accomplished by electronic means or by placing a hard

copy notice in two conspicuous locations at that alternative workplace.2 (Ironically, if the employee is working from home and a hard copy notice is used, the posting must occur at two locations within their own home.)

If the employee will instead work outside of the MSA, the employer must file an amended H-1B petition. The petition must be filed before the employee moves to the new work location. However, an approval does not have to be in hand before that work begins.3 An employer may opt for USCIS “premium processing” in order to obtain a response within 15 calendar days after filing. Otherwise, the decision can be several months in the making. If the amended petition is denied, the employee must return to work at the previously approved work location.

For situations requiring an immediate move to a new MSA before an amended petition can be filed, the “short term placement” rule may provide relief if the employer meets all the following requirements:

• It does not already have a Labor Condition Application (LCA) for that occupation at any location in the new MSA;

(continued on page 18)

• It continues to pay at least the required wage under the LCA for the original work location;

• It pays all lodging, travel, meals, and related expenses during the placement at the new location (even on non-working days);

• It does not employ the individual at the new location for more than 30 days in the aggregate per year; and

• It holds the approved amended H-1B petition in hand by the 30th day or returns the worker by that time to the previous work location until the petition approval does arrive.4

The term “workday” means any day during which an H-1B worker performs any work at any worksite within the short-term area of employment. Workdays counted toward the limit include nonconsecutive days and days spent at different worksites. However, non-working weekends, holidays, or other non-workdays do not count toward the 30-day maximum, even if the H-1B worker remains during those

placement. To qualify for a 60-day short-term placement, an employer must also show that the H-1B worker:

• Maintains an office or workstation at the initially approved worksite;

• Spends a “substantial amount of time” at that worksite during a one-year period; and

• Resides in the area of that approved worksite and not in the area of the short-term worksite.

Conclusion

The business immigration landscape is rapidly changing as immigration is a political powder keg that is subject to frequent executive orders and occasional sweeping legislation. As the immigration picture continues to evolve, we welcome any questions you may have relating to employment-based work permits and travel. n

Endnotes

1 20 C.F.R. § 655.715 and 655.731.

2 20 C.F.R. §655.734. The USDOL has stated that, during COVID-19,

and the new worksite is within the same MSA or normal commuting distance

VICTORIA GENTRY is Managing Attorney at The Immigration Group, which handles temporary and per-

The Case for Extending Child Support

Twenty-six years ago, Tennessee shifted to an income share model for child support, seeking to put everyone on a fair and level playing field. The theory was that both parents would contribute pro rata to the child support and need of the children based on their actual income. Unfortunately, one of the unintended consequences of increasing child support when a parent had fewer days, was to make counting the days and fighting over the children both a financial and an emotional issue. Once again, in 2014, Tennessee enacted the “Tennessee Promise,” which paid for the first two years of community college for Tennessee residents to have a more educated workforce, and providing post-secondary education. Tennessee became the first state in the country to offer high school graduates two years of university or technical college tuition-free. The goal was to boost college education rate by 15% in the next five years to put Tennessee in the top among states competing for the jobs in the future. However progressive and well intended, the income share model and Tennessee Promise together cause a predicament for parents and children when it comes to support.

As we look at these principals together, we should ask, does Tennessee Promise fall short when at the same time we

terminate child support under Tennessee Code Annotated Section 34-1-202(b)? Tennessee’s statute on termination of child support is as follows:

“Parents shall continue to be responsible for the support of each child for whom they are responsible after the child reaches 18 years of age if the child is in high school. The duty of support shall continue until the child graduates from high school or the class of which the child is a member when the child attains 18 years of age graduates, whichever occurs first. If either parent dies or is incapable of acting, the guardianship of each minor child shall devolve upon the other parent.”

Thus, the child is suddenly faced with perhaps continuing to live with a parent who has now lost their child support, while trying to move forward with their education.

It seems logical and rational to this writer to extend child support for any full-time student taking part in the Tennessee Promise and continuing to reside with the payee or primary residential parent. This could only have a positive impact on the number of students that are able to take advantage of the Ten-

(continued on page 20)

Editorial | The Case for Extending Child Support (continued

nessee Promise, and eliminates the unfair, undue burden on one parent to help the child achieve their full potential and further their education. Numerous other states have provided for child support to be extended, so there is a precedence for this around the country.

Interestingly, there are 10 states and 2 territories that extend child support when there is a full-time student, and they do so in various manners. These provide some guidance on how Tennessee might approach this problem. Some of these states are as follows1:

Mississippi: Miss. Code Ann. § 9311-65(8)(a). Child support to 21 years of age unless child marries or joins military; child support ceases upon the age of majority. Stokes v. Martin, 596 So.2d 879 (Miss. 1992). If the parties agree, support may continue beyond the age of majority. Since the age of majority is 21, support for college expenses may be ordered up to that age.

Missouri: Mo. Rev. Stat. § 452.340. Child support to 18 years of age, or until graduation from secondary school, or age 21, whichever occurs first. Mo. Rev.

Stat. § 52.340(5). If the child is enrolled in an institution of higher education or vocational school full-time, the parental support obligation shall continue until the child completes his education or until the child reaches the age of 21, whichever occurs first. Mo. Rev. Stat. § 452.340(5). If the child is enrolled in an institution of higher education or vocational school full-time, the parental support obligation shall continue until the child completes his education or until the child reaches the age of 21, whichever occurs first. New York: N.Y. Family Court § 413(1)a. Child support to 18 years of age; but child support may continue until the child reaches 21 years of age. N.Y. Dom. Rel. Law § 240(1-b)©(7); See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991). A court may award educational expenses, such as for college or private school or for special enriched education. The parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent an express agreement to do so.

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from page 19)

Thus, two states which border Tennessee, Mississippi, and Missouri, allow exactly the extension that I would urge Tennesseans to consider. There are certainly safety bells that can be placed in this. For example in Hawaii, at least 3 months prior to the child’s 19th birthday, the parent has to send a notice to the child and the custodial parent that the perspective child support will be suspended unless proof is provided by the custodial parent or adult child prior to their 19th birthday that they are presently enrolled as a full-time student or have been accepted into a program and plans to attend as a full-time student the next semester in a university, college, or vocational school. This also allows the court to have continuing jurisdiction to modify or revoke a judgment or order for future education or support. I have no doubt that there would be heavy lobbying against extending child support by parents who do not want to pay the possible three additional years of child support, but again, if we want to achieve the Tennessee Promise, this would be a large step to allow children of all socioeconomic groups to have additional support or continued support to assist them in their efforts to obtain higher education. Education is the key to our democracy. n

Endnotes

1 Information provided by the National Conference of State Legislatures 2020.

HELEN SFIKAS ROGERS is the founding member of the firm of Rogers, Kamm & Shea—now Rogers, Shea & Spanos—with offices in Davidson and Williamson Counties, where she has practiced for over 35 years. She is a Rule 31 mediator and trained in collaborative law. Helen is a fellow of the Nashville Bar Association and American Bar Association.

HOMEMADE BROWNIES

Before law school, I ran a small artisan shop called Hillsboro Chocolate Company. While we specialized in handmade truffles and filled chocolates, we also offered one delicious baked item—homemade brownies. This brownie recipe serves as the perfect canvas for your Valentine’s favorite flavors, matching beautifully with peanut butter, chocolate chips, nuts, or fruit. In the shop, we topped our brownies with homemade salted caramel.

Whether you are spending your Valentine’s Day celebrating friendship, love, or taking care of yourself, whip up a batch of these brownies, mix in your favorites, and enjoy. n

Directions

Ingredients

• ½ cup salted butter, melted (if you substitute unsalted butter, add ¼ teaspoon kosher salt)

• ½ cup unsweetened cocoa (not Dutchprocessed)

• 1 cup sugar

• 2 eggs (room temperature is best)

• 1 tablespoon vanilla extract (use high quality vanilla here, it’s worth it! Madagascar Bourbon or Mexican pure vanilla extracts are my favorites)

• ½ cup all-purpose flour

• any mix-in you’d like (chocolate chips, pecans, caramel, peanut butter, etc.)

Note: The order of ingredients matters. Following the steps below will help ensure that your brownies have the right consistency and mouthfeel.

1. Preheat oven to 350°F.

2. Line 8-inch square pan with foil. I fold my foil into a rectangle so it lays flat on the bottom of the pan and drapes over its opposing sides without crinkling. This prevents uneven cooking and helps the brownies come out of the pan. Grease bottom and sides.

3. In a bowl, melt ½ cup of butter. Be careful not to heat the butter too much or you will end up with scrambled eggs later on. Add ½ cup cocoa to the butter and stir until combined.

4. Add 1 cup of sugar and mix together. It should form a grainy paste. Don’t be alarmed.

5. Add each of your eggs to your mixture one at a time. Stirring between eggs.

6. Add 1 tablespoon of vanilla extract and stir.

7. Fold in ½ cup flour. If you are using any mix-ins, add those in now as well. (Note: Feel free to top your mixture with your additions instead of mixing them in if you’d prefer.) Combine your ingredients together, careful not to overmix. Mix just until you can no longer see the flour. The mixture will be thick. Again, don’t be alarmed.

8. Spread mixture into your prepared pan and bake until done, approximately 25 minutes. Be sure not to overbake or your brownies will be dry and your Valentine will be sad.

9. After you remove from the oven, use your foil to remove brownies from the pan in one sheet; allow brownies to cool on a cutting board.

10. Once cooled completely, cut into triangles, and serve.

Hearsay | Honors & Awards, On the Move, Firm News

HONORS & AWARDS

Connie Lewis Lensing of Bradley has been named the 2020 Outstanding Volunteer Fundraiser by the Association of Fundraising Professionals Memphis Chapter. As a member of Bradley’s Litigation Practice Group, Lensing has extensive experience handling litigation defense and prevention, as well as domestic employment matters.

Rita Roberts-Turner has been appointed to serve as a board representative to the counsel on the WKU Alumni Board of Directors’ newly formed Diversity and Inclusion Council. Roberts-Turner, a 1993 alumna, serves as Chief Administrative Officer for WeGo Transit/ Nashville MTA.

ON THE MOVE

Lisa Bashinsky and Sarah Locker have been elected to member level at GSRM Law. Bashinsky is a member of the firm’s Business and Corporate section and focuses her practice in the areas of business transactions. Locker is a member of the firm’s Litigation section and focuses her practice on real estate and insurance, municipal liability, civil rights, police liability, and governmen-

tal tort liability.

Timothy Capria and Keaton Osborne have been elevated to partner at Bradley. Capria is a member of the Intellectual Property Practice Group and focuses his practice on acquiring IP, patent opinion practice, and enforcing IP rights. Osborne is a member of the Banking and Financial Services Practice Group and focuses his practice on commercial finance and intellectual property.

Scott Douglass has been named a shareholder of Patterson Intellectual Property Law. Douglass concentrates his practice in the areas of trademarks, copyrights, and data privacy. He litigates trademark, trade dress, and copyright claims in federal courts across the country and represents companies and individuals acting as both rightsholders asserting their rights and defendants accused of infringing others’ rights.

Marisa Garcia has joined Neal & Harwell, as an associate in the firm’s litigation group. Prior to attending law school, Garcia served as a member of the US Air Force and spent most of her service as a Security Forces Phoenix Raven. Garcia earned her JD, cum laude , from Belmont University College of Law in

May 2020.

Cornell Kennedy and Amy Rao

Mohan have been named members at Sherrard Roe Voigt & Harbison. Kennedy practices primarily in the areas of general corporate law and health care. He represents companies and individuals in business formation and dissolution, acquisitions, and various other operational matters. Mohan founded and heads the firm’s crisis management/ media relations practice group, which helps both businesses and individuals in connection with civil and criminal matters or outside of a litigation context

Mike Krause has joined Bradley’s Nashville office as a senior advisor in the Government Affairs and Economic Development practice groups. Krause represents clients before the executive and legislative branches of government in both Tennessee and Washington, DC. He previously served as Tennessee Higher Education Commission’s executive director, the coordinator for all statewide higher education efforts relative to COVID-19, and as senior staff member for Governor Haslam.

Robert Leonard has joined Bradley as an associate in the Real Estate Practice Group. Leonard is a business and commercial real estate attorney who focuses in the areas of commercial real

Hearsay |

estate transactions, commercial leasing, land development, and commercial lending and general corporate work.

Linda Nathenson has become a member of North, Pursell & Ramos. Nathenson’s practice focuses on the defense of health care providers. She also provides medical risk management and seminars to her clients. She previously worked at Levine, Orr & Geracioti.

Nathan Sanders and Jeffrey Zager have been elected partners at Neal & Harwell. Sanders joined the firm in 2016 and focuses his practice on appellate matters, False Claims Act lawsuits and investigations, and various other types of civil litigation. Zager has been with Neal & Harwell since 2015 and focuses his practice on complex civil litigation and appellate matters.

Bethany Vanhooser has joined Bone McAllester Norton as the firm’s newest attorney. Vanhooser previously worked at Bone McAllester Norton as a summer associate, law clerk at the UT Office of the General Counsel, and summer associate at Woolf, McClane, Bright,

Honors & Awards, On the Move, Firm News

Allen & Carpenter. She graduated from UT College of Law and served as editor-in-chief of the Tennessee Law Review

John Wilks has been named a partner at Martin Heller Potempa & Sheppard. Wilks has been with the Hillsboro Village based firm since 2015 and practices in the areas of Personal Injury, Family Law, Real Property and Title.

FIRM NEWS

Mark Baugh has been elected by Baker Donelson’s shareholders to serve as a member of the firm’s board of directors for a three-year term. Baugh chairs the firm’s Diversity Committee, and under his leadership, the firm has been recognized for its diversity and inclusion efforts by the Human Rights Campaign, the Leadership Council on Legal Diversity and Vault, Inc., and recently achieved Mansfield Certification Status.

Bradley is pleased to announce the launch of its Black-Owned Small Business and Nonprofit Clinic in Nashville. The firm has partnered with the Arts & Business Council of Greater Nashville and its Volunteer Lawyers & Professionals for the Arts program to provide accessible and affordable business-oriented legal services to Black-owned small businesses and nonprofits. n

A Tale of Two Nashville Giants (continued from

page 8)

of the downtown Nashville lunch counters. Looby’s house, located across from Meharry, was bombed on the morning of April 19, 1960. This unsolved bombing was believed to send a message to Looby and the Civil Rights movement to stop their protests.

The opposite occurred as 4,000 students marched to the Historic Courthouse that day. Diane Nash confronted Mayor Ben West, asking if segregation at lunch counters was right, and the Mayor responded it was not. The next day, the gym was packed as Looby, still shaken, was staged to hear words of encouragement from his friend Dr. Martin Luther King, Jr., who had rearranged his schedule to come to Nashville to give his support for Looby and the students.

Looby would later leave his last mark on Nashville government when he was appointed to the group of civic leaders who lobbied, wrote the charter, and helped successfully pass Metro Government in 1962.

JC Napier and Z Alexander Looby had an impact on law, education, and politics in Nashville and nationwide. Both were highly educated and believed that the law was the way to help African Americans obtain equality. These Nashville lawyers opened doors and tore down barriers, which continues to benefit generations of lawyers in Nashville and in the US. n

DAVID S. EWING is a ninth generation Nashvillian and Historian. His great, great grandfather Prince Albert Ewing was the first African American lawyer in Nashville.

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