Nashville Bar Journal | April 2016

Nashville Bar Journal

APRIL 2016 • VOL 16 • NO 3

Unwell Tracy Kane

In re: Telehealth Noel Bagwell

The Encryption Conundrum Kristin Thomas

Prosecution for Failure to Vaccinate Paul DeWitt

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $245 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking.

Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*

Terms and Conditions: Offer valid beginning with the enrollment of Nashville Bar Association membership year beginning November 1, 2015. Offer expires March 31, 2016. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible. You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $245 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by June 30, 2016. FSR: Use promo code NBADUE. ©2015 First Tennessee Bank National Association. Member FDIC.

Articles

Departments

6

2

From the President

4

Communique

Unwell Lawyers and the Art of Practicing Wellness

Tracy Kane

10

In re: Telehealth

11

2016 Diversity Summit in Review

14

The Encryption Conundrum

16

Non-Profit Spotlight: Make-A-Wish

20

Noel Bagwell

Joycelyn Stevenson

Race Judicata • Arts Immersionn NBA Calendar of Events

Continuing Legal Education (CLE)

Raquel Bellamy

Center Insert

Kristin Thomas

Marjorie Kaup Haines, Esq.

Prosecution for Failure to Vaccinate Paul DeWitt

Columns

22 23 24 25 26

12

Gadget of the Month

19

Capitol Notes

100% Club Members NBA Member Benefits Disclosure

Announcements • People on the Move • Firm News

2016 Premier Members, New NBA Members, Dial-A-Lawyer Classifieds

Bill Ramsey & Phillip Hampton Nathan H. Ridley

Golden Oldies

Who can name these guys?!

Be the first person to email the correct answer to jill.presley@nashvillebar.org and your name (along with the correct entry) will appear in next month's issue. Additionally, if you have any photos to submit for the Golden Oldies, please send to the email above.

March 2016 Golden Oldies James C. Hofstetter of Hofstetter & Hofstetter correctly identified the individuals in the March 2016 Golden Oldies photo. Pictured (left to right) were Randy Kennedy, C. Alan Lancaster, and Bert Haywood. Great job, James!

' A Monthly Publication of the Nashville Bar Association

Joycelyn A. Stevenson, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com Eleanor Wetzel, Managing Editor eleanorwetzel@jis.nashville.org

E�������� C�������� Noel Bagwell Kimberly Faye Carline Sapp Hudson Tim Ishii Tracy Kane Everette Parrish Bart Pickett Matthew Pierce Bill Ramsey Mike Sandler Kristin Thomas Jonathan Wardle Victoria Webb Eleanor Wetzel David Winters

N�������� B�� A���������� S���� Monica Mackie Executive Director ----------Shirley Clay Finance Coordinator Wendy Cozby Lawyer Referral Service Coordinator Traci Hollandsworth Programs & Events Coordinator Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator Jill Presley Marketing & Communications Coordinator Vicki Shoulders Membership Coordinator • Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 2429272. Periodicals Postage Paid, Nashville, TN (USPS 021-962).

Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219 No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee.

The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

N�������� B�� A���������� 150 4th Ave N, Suite 1050 Nashville, TN 37219 615.242.9272 • NashvilleBar.org

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Nashville Bar Journal • April 2016

From the President

A Day in the Life of the NBA President

By Joycelyn A. Stevenson (Okay… Three Days) I thought I would give our readers some insight into the life of an NBA President. I am often asked what a typical day is like and—given my activities in recent weeks—I thought this theme would be a good way to give an account of what we as an association are tackling in relation to other associations around the country, especially in light of where I wrote this article.

Along with our Executive Director, Monica Mackie, I attended the Bar Leaders Institute in Chicago, Illinois, sponsored by the American Bar Association (ABA) the week of March 14. This conference is typically attended by presidents-elect but I decided to attend again this year to strengthen relationships with other associations and to gain ideas on how to grow our own. During our three days at this conference, we learned a great deal about some of the common concerns among bar leaders related to how to stay relevant and have a critical impact on our membership.

Day 1: March 16, 2016 On the first day, I attended a large dinner for the executive directors and officers of bar associations around the country. My table mates included representatives from the Cincinnati Bar Association and the Virginia Bar Association. We then attended an Improv show at Second City, which is a famous club where many talented people like Stephen Colbert, Tina Fey, and others got their start. Luckily, I was not pulled on stage, but did enjoy watching another audience member have his text messages read aloud in front of his parents at the next table.

Day 2: March 17, 2016 The ABA President, Paulette Brown, addressed the crowd and provided an overview of the program for the week. We heard from four former bar presidents from New York, Louisiana, Massachusetts, and Ohio on their experiences, how they prepared for their year, and lessons learned. We heard from executive directors and past presidents on how boards should interact with staff, and how to handle unforeseen and controversial bar issues. We heard stories from the Louisiana Bar Past President on the plans he made for his year when Hurricane Katrina hit. It was insightful to learn how bar associations must adapt to what is relevant in the hearts and minds of its members, and that sometimes the board’s agenda must take a back seat to important events in our communities. This phenomenon is not foreign to the NBA and brought back memories of the courageous work of Jonathan Cole’s administration during the 2010 flood and how the NBA served as a thoughtful leader and community service arm for our city.

Later in the day, we broke for concurrent workshops where we could choose what topic we preferred to explore in greater detail. Monica chose the “Bar Leader as Designer” program and I chose the workshop entitled, “Maximizing Member Engagement through Micro-Volunteerism.” My workshop supported my theory that in order to reach more members and gain new ones, we have to provide opportunities for individuals to get involved at different levels outside of normal committee work.

The workshop provided some great insight into other bar associations and efforts to target individuals for small service projects in order to build a foundation for a larger relationship in the future. Many members are not able to commit to set meetings every month at the same time, but they can volunteer to clean the courthouse, build a home for a needy family, archive photos for the bar association, and work on web design.

It was a very interesting dialogue and I look forward to working with our board on implementing some of the suggested strategies.

2016 NBA BOARD OF DIRECTORS

Our lunch involved a speech by Paulette Brown, who has made a vow to visit bar associations in each state during her tenure. I had an opportunity to speak briefly with her and thank her for her upcoming visit to Nashville on April 30. We will be providing more details on her visit soon and are very excited that she is taking time out of her schedule to meet our members and our leadership.

Day 3: Friday, March 18, 2016 Friday began with a leadership planning breakfast in which bars of similar sizes were grouped together at one table to talk about their successes, issues, concerns, and strategies for the upcoming year. We sat with representatives from Delaware, Knoxville, and West Virginia and discussed some of the challenges of being a voluntary bar association instead of mandatory (which applies to many state bar associations across the country). One of the universal themes seemed to be getting members to renew their membership, finding new members, and making the case for membership in local bar versus others, especially when many attorneys are paying dues out of pocket and/or many law firms are electing to pay for one association or none. We bragged about our 100% Club and the large number of solo practitioners who support our bar, as well as our efforts to reach out to law students in order to build a pipeline to bar leadership. We learned more about the work of the National Conference of Bar Presidents (NCBP) and how they can assist local bar associations like the NBA. NBA Past-President Jonathan Cole will be the incoming President of the NCBP next year and will, as always, represent our bar with distinction and humility.

The next program was very interesting. It was a lightning round with bar communications experts where they were thrown controversial topics and received one minute to formulate a response on the spot. The exercise highlighted how bar leaders should handle the media when tricky issues arise. We also heard from a representative from Arizona’s state bar who is an expert on communications. We learned that in order to stay relevant, all bar associations must embrace technology in new and interesting ways. I felt good about our current efforts at the NBA to revamp our website, branding, and databases to more efficiently communicate with our membership. We will have more information on those efforts in the coming months.

I then attended the scariest program of the week for me, which was a workshop entitled, “Communication without Fear: President’s Pages and Social Media.” I have to admit that I am the last person in the world who is not on Twitter. Monica has vowed to get me logged on so I can start communicating about the great things we are doing at the NBA. During the event, we sent pictures to our new Marketing and Communications guru, Jill Presley, who posted information on our NBA Twitter and Facebook pages in real time. There will be much more of that to come this year so start following us now @NashvilleBar and Facebook.com/NashvilleBarAssociation if you haven’t already done so!

Joycelyn A. Stevenson, President Nathan H. Ridley, President-Elect Matt Potempa, First Vice President Andrea P. Perry, Second Vice President April Knox, Secretary Eric W. Smith, Treasurer Stephen G. Young, Assistant Treasurer Edward D. Lanquist, Jr., Immediate Past President Justin McNaughton, YLD President Lela Hollabaugh, General Counsel Irwin J. Kuhn, First Vice President-Elect Claudia Levy, Second Vice President-Elect Mark S. Beveridge Robert C. Bigelow Hon. Joe P. Binkley, Jr. Hon. Sheila D. Calloway Kay Caudle Jacqueline B. Dixon Samuel P. Funk Margaret M. Huff Hon. William C. Koch, Jr. Ryan D. Levy Wendy Longmire Hon. Randal S. Mashburn Erin Palmer Polly David L. Raybin Sara F. Reynolds Saul A. Solomon Laura Smith Tidwell M. Bernadette Welch

NASHVILLE BAR ASSOCIATION Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed, and keep connected with fellow attorneys.

From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system.

I immediately left the conference, hopped on a plane, and headed back to Nashville full of ideas and suggestions in preparation for the Executive and Finance meetings that occurred the following week.

Our Bar Association is much more than just a collection of services. The power of our membership lies in the power of the people.

While the summary of my three days in Chicago is not exhaustive of all that occurred—there were a couple of NBA fires we had to manage on the road—it is indicative of the thought process that goes into every decision that the board makes.

My hope is that it shows the commitment of our board and staff to evolve and effectively lead the Nashville Bar Association. n

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

Got an Idea for an NBJ Article?

We want to hear about the topics and issues readers think should be covered in the magazine. Send ideas to jill.presley@nashvillebar.org!

Nashville Bar Journal • April 2016

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communiqué The 2016 NBA / NBF Golf Tournament

Presented by the Nashville Bar Association & Nashville Bar Foundation WHEN: Thursday, May 19, 2016 (12:00pm – Range Balls Available | 1:00pm – Shotgun Start) WHERE: Vanderbilt Legends Club, Franklin, TN ENTRY FEES: (includes range balls, greens fee, cart, beverages, snacks, and dinner) NBA members on or before May 12: $140.00 Non-NBA members on or before May 12: $160.00 We will have a cook-out and prizes at the conclusion of play. There will be team prizes and individual contests (longest drive, longest putt, closest to pin, etc.). To register, visit NashvilleBar.org. If you have any questions, please contact our Programs & Events Coordinator, Traci.Hollandsworth@nashvillebar.org. n

presented by THE ARTS & BUSINESS COUNCIL OF GREATER NASHVILLE in partnership with THE NASHVILLE BAR ASSOCIATION YOUNG LAWYERS DIVISION

May 25, 2016

An evening that showcases live music, pop-up performances, and interactive art. Details regarding featured talent and the silent auction will be announced soon. This event will also feature delicious local fare and ample libations. Arts Immersion is the summer event for everyone from young professionals to artists of all disciplines to music industry veterans—the perfect blend of suits and skinny jeans.

Patron Company ticket packages are available for $400 (10 tickets and recognition in promotional materials) at ABCNashville. org/What-We-Do/Arts-Immersion. Individual tickets are also available for $40 per ticket online or $50 at the door.

All proceeds from Arts Immersion support the Arts and Business Council’s Volunteer Lawyers & Professionals for the Arts program which has provided over $2,000,000 of free legal services to the Nashville arts and entertainment community, serving over 2,500 artists and 400 arts organizations. n

NBA Calendar of Events April 13 Historical Committee Meeting 11:30am (Hal Hardin's Office)

April 19 Ethics Committee Meeting 12:00pm

April 21 (continued) Executive Committee Meeting 4:45pm

NALS 12:00pm

April 20 Memorial Committee Meeting 12:00pm

April 27 NBF Trustees Meeting 12:00pm

April 21 Editorial Committee Meeting 12:00pm (Neal & Harwell)

April 29 Law Day Luncheon 11:30am (Renaissance Hotel)

April 18 Probate Committee Meeting 11:30am Membership Committee Meeting (Bone McAllester Norton) 12:00pm

Finance Committee Meeting 4:00pm

Committee Meetings are held at the NBA Offices unless otherwise noted. Full calendar online at NashvilleBar.org.

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Nashville Bar Journal • April 2016

Nashville Bar Journal • April 2016

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COVER STORY

Unwell

Lawyers and the Art of Practicing Wellness

By Tracy Kane

You are a “Super Lawyer,”® named “Best of the Bar,” president of this or that organization, recently promoted, won that big case, or received an above-average bonus last year. You are hitting all your marks, but are you well?

Statistics show us that while many of us are "successful" by the measuring sticks of our profession, we are not well. In fact, we are precariously unwell and it is not good for our firms, our clients, our community, our respective families, and most importantly, it is not good for us individually.

Many of us who are even "healthy" are not always—or at least not consistently—"well".

For over two decades now bar associations around the country have been citing statistics that showed 18% of lawyers were problem drinkers (nearly twice the national average at the time)1 and 19% suffered from statistically significant elevated levels of depression (compared to just 3% to 9% of individuals in Western industrialized countries). In response, lawyer assistance programs have been implemented around the country, most of which have been operating for over a decade now. Things should be getting better, right? Wrong.

With the most relied upon statistics for lawyer health and wellness now a quarter of a century old, the American Bar Association (ABA) Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation undertook a new study in 2014, the results of which were just released this past February.2 The report reveals that the wellness landscape is not only not better for lawyers, it is worse and it's particularly worse for young lawyers practicing ten years or less.

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Nashville Bar Journal • April 2016

The recent study, which set out to conduct the most comprehensive national research to date on the topic, reported that 21% of licensed, employed lawyers qualify as problem drinkers, 28% struggle with some level of depression, and 19% demonstrate symptoms of anxiety.3 The study, published in the Journal of Addiction Medicine, found that younger attorneys in the first 10 years of practice exhibit the highest incidence of these problems.4 The study also compared attorneys with other professionals—including doctors—and determined that lawyers experience alcohol-use disorders at a far higher rate than other professions.5 The results also showed that the most common barriers for attorneys seeking help were fear of others finding out and general concerns about confidentiality.6 With all the "programs" and "interventions" that have been instituted over the last two decades, why are we not even incrementally better? You can blame the fragile economy, disruptive technological changes facing the profession (dare I say… “legal industry”), the billable hour, or our constantly-wired lives, but these things can be said of just about any profession or industry sector. Lawyers still outpace all other professions in the percentage that suffer from anxiety, depression, and substance abuse.

Maybe you are asking yourself right now, “why is attorney health and wellness important to the bar? Who cares if I’m happy all the time or not?”

I would venture to say that it's not about trying to make lawyers “happy,” it's about the quality of our professional and personal lives and the sustainability of our profession in a new technological century.

Practicing law is stressful and sometimes your decisions have life or death consequences—or at the very least lifealtering—for your clients. Practicing law often means shouldering the stress and pain and suffering of our clients, but high stakes work is the not exclusive purview of lawyers. Many lawyers seem to wear their misery as a badge of honor; that somehow, if they are the most over-worked and miserable person, it must mean they are the best lawyer to their clients.

understand the chemistry of it. I became proactive and intentional about what I ate and drank. I started to exercise regularly and found a way to stay motivated by training for races. (I am a type-A lawyer after all.) I was fortunate that a temporary health set-back forced me at an early age to change the way I thought about health and wellness from “something to do later” to “something I do every day.”

Unmanaged stress, however, can have a very direct, negative impact on your body, thoughts, feelings and behavior.7 Stressed out, sleep-deprived, unhappy, and unhealthy lawyers do not serve their clients well and often there are tangible signs of this: poor quality work, missed deadlines, poor client communication and responsiveness, and even more egregious acts like alcohol or drug abuse, misuse of client funds, and self-harm like overdose or suicide.

Wellness is not static. It is not something you achieve or a final destination. It is a practice, something lawyers should find quite easy to understand.

I believe it is possible to be both a great lawyer and a healthy lawyer, but it requires prioritizing health and practicing wellness daily.

For me, I did not grow up prioritizing daily health and wellness. I grew up a very Southern girl who loved honeybuns and bacon and hated to sweat. I was active, but did not practice wellness. When I was 20, however, my health seemed to evaporate overnight. I lost my energy and focus and suffered from fast-moving, extreme mood swings. In short, I was going “crazy,” or at least that’s what it felt like.

As it turned out, I was diagnosed with hypothyroidism. As I learned about the condition, I got great advice from my doctor at the time that fundamentally changed how I thought about health. In essence, if I wasn’t starting from my best baseline health, there were limits to what any medication was going to do.

From that point forward, I educated myself about nutrition—vitamins, minerals, chemicals, toxins, fats and carbohydrates, etc. I knew the basics, but I didn’t really

What does it mean to be “well”?

A practice is something that you do every day, not with an expectation of perfection, but in an effort to get a little better—a little more efficient, a little more effective—every day. This is true whether you are practicing an art form, practicing law, or practicing wellness.

In a practice, you focus on daily mastery (not ultimate perfection). In a practice, you expect that some days you achieve the best version of yourself and some days you fall short, but you get up the next day and continue to practice. Even those that practice wellness can get hit with challenges or a loss that throws you off course and leaves you spinning. Sometimes you need help to get back into your practice.

What are the fundamentals of a wellness practice?

In response to the ABA/Hazelden Betty Ford Foundation study, the American Bar Association in collaboration with the ABA Young Lawyers’ Division developed online tools for lawyers focused on four essential elements of health: (1) sleep/ rest, (2) emotional/social connections, (3) physical activity, and (4) nutrition.8 Sleep/rest – Sleep is often one of first and easiest things people trade for a few additional hours to get things done, but scientific studies have started to show that there are not only short-term consequences, but also long-term health impacts.9 Beyond

sleep, there is a growing movement that mindful meditation can be particularly helpful to lawyers to reduce stress and restore civility.10 The Mindfulness in the Law Joint Task Force was established in 2012 to provide information, training, and the opportunity for lawyers to gather to share mindful meditation sittings as a vehicle for restoring civility, decreasing stress, and enhancing the fundamental fabric of the legal community.11 Emotional/social connections – 21st century lawyers often practice in isolation, even when they are in a large firm with tons of people in the building. Lawyers don't often interact with other people outside of email. We write and revise agreements or briefs on our computer alone in our office and circulate drafts by email. We even interface with most courts and administrative agencies today through electronic filing and communication. Research is starting to find a negative health impact related to social isolation, including less resilience to everyday stress as well as things like vascular resistance, a risk factor for hypertension, slower wound healing, and poorer sleep efficiency.12 There is a growing body of research that having meaningful relationships with peers and family (“attachments”) influences health and disease outcomes through different cortisol patterns.13 So spend a few extra minutes over the proverbial watercooler, head to dinner with family or friends, or make the effort to stop by the next NBA Happy Hour.

Physical activity – It probably goes without saying all the positive health impacts of incorporating even moderate physical activity into your life, but did you also know that increased physical activity positively impacts your mental health as well.

Something as simple as a brisk, 20-minute walk can enhance your mood and clear your mind.14 Nutrition – If you can only muster the will to change one health-related aspect of your life, the top of the list should be the substances you ingest. Other than sleep, Continued on page 8 Nashville Bar Journal • April 2016

7

Continued from page 7

it is the most impactful change you can make. Not only does the food you eat affect your physical health in ways such as heart disease and diabetes, but it is the fuel that powers your emotional and mental health. In short, crap in = crap out.

Given that we have known about our profession’s inordinate propensity to be unwell for 25 years and have implemented various programs to improve our state of health in spite of that, and yet wellness among lawyers continues to get worse, I believe a more fundamental shift in both thought and deed must happen to affect change.

What are we going to do about it?

We should start by adopting wellness as part of our core professional values, just like pro bono service and continuing education. We should hold ourselves accountable to our values by recognizing the best examples of good lawyers practicing wellness. We should change the words we use to describe our profession and start mentoring each other in wellness.

You can incorporate small, essential elements of wellness into each day—an apple instead of a candy bar (or maybe just a smaller candy bar…), a 10-minute nap or mindful meditation in the afternoon, a mid-day walk in the sunshine, or a brief but meaningful question for your colleague like, "What was your favorite part of today?"

With all of this in mind, the Nashville Bar Association Attorney Health and Wellness Committee has committed to change the conversation about health by finding big and small ways to support the practice of wellness in our legal community each day, month, and year.

Throughout the year, we aim to provide information about health and wellness topics in the weekly newsletter and monthly in the Journal. We are working on free weekly yoga classes for NBA members as well as regular walking, running, and cycling groups around town. There will be CLEs on implementing a wellness plan at your firm, practicing mindful 8

Nashville Bar Journal • April 2016

meditation, and identifying and supporting—without judgement—those among us who are struggling in their practice.

We will encourage you to run or walk the Race Judicata, play a round of golf in the annual NBA golf tournament, or challenge yourself to walk 10,000 steps per day during the month of November. As we integrate health and wellness information and programming into the daily life of the members, we also want to be sure that we recognize those firms and individuals who embody our values and demonstrate a commitment to the practice of wellness throughout the year.

The Nashville Bar Association Attorney Health and Wellness Committee is ready to change the conversation about health and wellness among Nashville lawyers and we hope that by doing so, little by little we will move into the day where each lawyer in our Bar has a thriving practice in one of the nation’s healthiest professions. n Endnotes 1 The most recent and also the most widely cited research on lawyer substance abuse and mental health issues comes from a 1990 study involving approximately 1200 attorneys in Washington State. See G.A. Benjamin, E. Darling & B. Sales, The prevalence of depression, alcohol abuse, and cocaine abuse among United States lawyers, 13 INT. J. LAW PSYCH. 233-46 (1990).

News Release, ABA Commission on Lawyer Assistance Programs, ABA, Hazelden Betty Ford Foundation release first national study on attorney substance use, mental health concerns (Feb. 3, 2016), available at AmericanBar. org/News/abanews/aba-news-archives/2016/02/aba_hazelden_betty.html; see also Patrick R. Krill, JD, LLM, Ryan Johnson, MA & Linda Albert, MSSW, The Prevalance of Substance Use and Other Mental Health Concerns Among American Attorneys, 10 J. Addiction Med. 46 (Feb. 2016), available at Journals.lww.com/JournalAddictionMedicine/Fulltext/2016/02000/The_Prevalence_of_Substance_Use_and_Other_Mental.8.aspx.

2

3

Krill, et al, supra note 2, at 48-50.

4

Id. at 51.

5

Id. at 52.

6

Id. at 50.

7 See, e.g., Mayo Clinic, Stress symptoms: Effects on your body and behavior (July 19, 2013), MayoClinic.org/HealthyLifestyle/Stress-Management/In-Depth/Stress-Symptoms/ art-20050987; American Psychological Association, Stress Effects on the Body, Apa.org/HelpCenter/Stress-Body.aspx.

Whether or not you are a member of the ABA, you can find news, information, and tips in each of these areas at AmericanBar.org/Groups/Young_Lawyers/Initiatives/ fit_to_practice.html.

8

9 Multiple studies link sleep deprivation to type 2 diabetes, obesity, cardiovascular disease, among other chronic issues.

See, e.g., Division of Sleep Medicine at Harvard Medical School, Sleep and Health, HealthySleep.med.harvard.edu/ Need-Sleep/whats-in-it-for-you/health.

Mindfulness is an awareness of life in the present moment—something many experts and practitioners note is easy to say, but difficult to achieve. We lead busy lives, we constantly hold the past and project the future and in that state of clutter, we experience greater stress and anxiety.

Mindfulness creates the opportunity, no matter how brief, to pause, breathe, and become aware of how we are reacting in a given situation. This instance provides an opportunity to moderate our reaction and respond thoughtfully. See, e.g., Jan. L. Jacobowitz, The Benefits of Mindfulness for Lawyers, 20 TYL (Winter 2016), available to ABA members only at AmericanBar.org/Content/dam/aba/publications/ young_lawyer/TYL_v20n02_WI16_Layout_WEB.pdf273k-2016-03-15.

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11 Id.; see also Mindfulness in Law Joint Task Force, MindfulnessInLawCommittee.com.

John T. Cacioppo & Louise C. Hawkley, Social Isolation and Health, with an Emphasis on Underlying Mechanisms, 46 Perspectives in Bio & Med. S39-S52 (Summer 2003 supp.), available at Psychology.uchicago.edu/People/ Faculty/Cacioppo/jtcreprints/ch03.pdf.

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See, e.g., M.C. Pistole, Amber Roberts & Marion L. Chapman, Attachment, Relationship Maintenance, and Stress in Long Distance and Geographically Close Romantic Relationships, 27 J. Soc. & Personal Relationships 535-552 (2003), Abstract available at ScholarWorks. gvsu.edu/Counseling_Articles/2/; Paula R. Pietromonaco, Casey J. DeBuse & Sally I. Powers, Does Attachment Get Under the Skin? Adult Romantic Attachment and Cortisol Responses to Stress, 22 Curr. Dir. Psych. Sci. 63-68 (Feb. 1, 2013), Abstract available at Ncbi.nlm.nih.gov/pmc/ Articles/PMC4192659.

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14 See, e.g., Kristin Weir, The exercise effect, 42 APA Monitor on Psychology 48 (Dec. 2011), available at Apa.org/ Monitor/2011/12/Exercise.aspx; Gretchen Reynolds, How Walking in Nature Changes the Brain, N.Y. TIMES Well Blog, July 22, 2015, Well.blogs.nytimes.com/2015/07/22/ How-Nature-Changes-The-Brain/?_r=0.

Tracy Kane is a partner with Dodson, Parker, Behm & Capparella, P.C., providing common sense guidance and solving complex problems for individuals, businesses, non-profits, and governmental agencies.

Tracy’s wide ranging practice guides clients through company formation, growth, succession planning, mergers and acquisitions, real estate transactions, intellectual property protection, and regulatory compliance. She is a Tennessee Supreme Court Rule 31 Listed Mediator, graduate of Vanderbilt University Law School and former law clerk to the Honorable Richard Dinkins on the Tennessee Court of Appeals.

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EDITORIAL

In re: Telehealth

Is Telehealth the Prescription for our Ailing Healthcare System?

By Noel Bagwell

Editor’s Note: The NBJ welcomes articles expressing a variety of viewpoints and does not necessarily share the opinions of the authors published within.

incremental payments from hundreds or thousands of patients.

They are designed to bill a handful of large entities—insurance companies—not individuals who walk in the door.”5

A Healthcare System in Crisis

“[Health care providers] are lousy at doing business with patients because in reality they didn’t have to in the past,” says Ken Kubisty, senior vice president at Advisory Board Consulting and Management.

Obamacare has increased demand for medical services by crowding already burgeoning emergency rooms with even more patients, worsening the U.S. health care crisis, even as the country faces a shortage of physicians. Dr. Ryan A. Stanton, a physician at the bustling Georgetown Community Hospital right outside of Lexington, Kentucky, is among the thousands of doctors who foresaw the very real risk that a flood of newly insured patients might crash the U.S. health care system.

"People turn to the ER because they have no other place to go after hours or they don't have access to a level of appropriate primary care," Stanton said, in 2013. "The ER has become the safety net of our health care system. We can't turn anyone away like a doctor's office could. ...I worry though with [Obamacare] this will significantly increase patient volume.”1 According to the Association of American Medical Colleges, in 2013, the U.S. was about 20,000 doctors short of the number needed to supply adequately the demand for medical services.

Moreover, “half of the nation’s physicians are over age 50—meaning many are at or near retirement age. And it’s not just doctors who are in short supply; we also need more nurses, according to the American Medical Association.”2 Today, things aren’t much better. It’s now harder to recruit new doctors into the medical industry, given that more than half of hospital bills don’t get paid.3 Before Obamacare, 90% of hospitals’ and other health care providers’ reimbursement came from insurers.4 The entire health care industry’s “[b]illing practices are not designed to collect small, 10

Nashville Bar Journal • April 2016

It’s worth recalling that President Obama said, in an interview with George Stephanopoulos in 2009, “For us to say that you’ve got a responsibility to get health insurance is absolutely not a tax increase,” and when asked, point-blank, whether he rejected that the individual mandate is a tax increase, Obama replied, “I absolutely reject that notion.”6 Of course, on June 28, 2012, the Supreme Court ruled 5-4 that Obamacare is only constitutional because the individual mandate—the penalty individuals must pay for not buying health insurance—can be considered a tax.7 That tax increase has had widespread consequences.

The “new normal” is for patients to sign up for health insurance plans high deductibles and low monthly premiums, in order to meet their regulatory obligation and avoid being taxed under Obamacare for not having health insurance. Then, when they get hit with a big medical bill, they just don’t pay it—often, because they can’t.

Nearly a quarter of the U.S. has a $2,000 deductible, according to Larry Van Horn, executive director of health affairs at Vanderbilt University's Owen Graduate School of Management. “That’s a staggering bill to pay before insurance coverage kicks in,” says Van Horn, “considering nearly two-thirds of Americans have less than $1,000 in savings, according to gobankingrates.com.”8 Patients have been oblivious to the true cost of health care for decades, because they have only ever had to meet the co-payment amounts on their deductibles. The rest of the cost of their medical bills has

been borne by their insurance providers; so there has been little incentive for patients to care about the cost of medical services beyond the cost of their deductible.

Incentives matter. The U.S. will continue to experience a shortage of doctors—probably a worsening one—until it learns that lesson. Fewer doctors will choose to practice medicine if physicians cannot have reasonable assurance they will be paid for their services. Such assurances are ephemeral, at best, when more than half of hospital bills go unpaid. As recently documented in The Tennessean: “Patients have to adapt to a new reality. That’s true.

But so are providers. So are hospitals. They are chasing more dollars from patients,” said David Frederiksen, CEO of PatientFocus. ”It’s important to be persistent and polite with patients.”

Frederiksen is trying to improve the way hospitals interact with patients once the bills start arriving. Nashville-based PatientFocus will explain a bill to patients and try to get them on a payment plan to keep them away from debt collectors.

“As long as they are willing to send me something every month I will keep them out of b a n k r u p t c y, i n t e r m s o f t h i s ,” h e s a i d .

There will still be people who can’t, or won’t pay.

Frederiksen said he expected the majority of people would opt for a payment plan but that’s not been the case.

About 10 percent of people choose a longtime payment option. About 30 percent choose to pay in full.

The rest choose not to pay. They get thrown back to the hospital for a decision about whether to send the account to debt collection agency or write it off.9 So, what’s the prescription for our ailing health care system?

Obamacare has made a mess of things, but it is a massive new federal entitlement program, and repealing it will be next to impossible. All participants in the market for medical services, therefore, must adapt to the new risk-allocation structures in the post-Obamacare healthcare regulatory environment. For that to happen, we need to find ways to make more goods and services available to more people at lower cost. In other words, we need to innovate.

Telehealth: A Prescription for Savings?

Telehealth is one type of innovation that could permit healthcare providers to serve a higher volume patients at lower cost, thereby lowering costs for patients while maintaining the high revenues health care providers need in order to operate. However, telehealth is fraught with peril on multiple fronts and at all levels. Doctors face serious challenges in avoiding telehealth malpractice claims.

Nurses who are regulated in a Nurse Licensure Compact state, which include about half the states in the U.S., “can easily practice

in another state as long as they abide by the rules of practice in the new state.”10 That might sound great, but “the implementation of the Nurse Licensure Compact has yielded somewhat mixed results,” because “some states complain that careless enforcement among some Compact states allows underperforming nurses to game the system to their advantage, enabling them to practice in other Compact states when they should not be allowed to do so.”

The unintended consequences and shortcomings of these massive regulatory schemes, including Obamacare, and, to a lesser extent, the Nurse Licensure Compact, throw into stark relief a shrewd observation Austrian economist and Nobel Laureate F.A. Hayek made almost 30 years ago: “The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.”11 When regulations make desirable activities economically infeasible, we are all impoverished. Such impoverishment is the demonstration to which Hayek referred.

Clearly, telehealth is an innovation which can achieve the ends of a capitalistic enterprise—to provide more goods and services to more people at lower cost, improving the prosperity of all. But, can we make it work in our current regulatory climate?

Whether the federal and state governments in the United States will kill this innovation with suffocating, burdensome, nighincomprehensible regulation is still an open question, but my Magic 8-Ball says, “Signs point to ‘YES.’” Such an impoverishment would fit the trend in our society towards higher regulation, less economic freedom, and lower quality of life. Every time the private sector tries to do something innovative or exciting, the government finds a rationalization, usually in the name of “protecting” people, for burying the innovation under a mountain of regulation. This is why we can’t have nice things, like equity crowdfunding, telehealth, or private space exploration. Thank God for inefficiency, though. As Eugene McCarthy said, “The only thing that saves us from the bureaucracy is inefficiency. An efficient bureaucracy is the greatest threat to liberty.”12 Saving Telehealth from Leviathan If the future of telehealth looks bleak to you, your optometrist is doing his job right; but there is still time to right the ship. After all, telehealth regulation is still in its infancy. What we need is a clear, simple, limited regulatory structure which eliminates uncertainty and allocates risk in economically viable ways, because “when relevant state and federal regulations are not clear, parties may over-comply to avoid liability,” raising costs and manifesting other unintended consequences.13 Simplifying the medical regulatory structure starts with deregulating, or, at least, drastically reducing the regulation of the medical industry. Do we really need HIPAA, the ARRA, the FTC Act, and “myriad state law components” of regulatory schemes, ostensibly designed to protect patients’ rights to privacy, which are “not generally preempted by federal law—the particulars [of which vary] greatly from state to state”?14 “Not incidentally, some states have special privacy and disclosure requirements pertaining to telemedicine.”15 Isn’t that a bit much?

Continued on page 15

Nashville Bar Journal • April 2016

11

BILL & PHIL'S GADGET OF THE MONTH

The Samsung Galaxy S7 Edge

By Bill Ramsey & Phillip Hampton

Just as surely as the days start getting longer and warmer as the calendar flips into spring, we begin to get antsy as Samsung and Apple start their annual rollout of new phones. Not content with last year's "must have" technology, we usually raid the Spring Break trip fund to pad Samsung's and Apple's bottom line by buying their latest and greatest. This year was no different. When Samsung revealed the latest incarnation of its immensely popular Galaxy S line of phones, the Galaxy S7 and S7 Edge, the question for us was not "if we should buy?", but "when can we buy?". And so, after dispensing no small amount of digital currency from our smart wallet—more on that gadget in a subsequent article—we bought the beautiful and curvy Galaxy S7 Edge.

Now we promise we are not geeky pervs, but, out of the box, we have to admit that the S7 Edge is one sexy smart phone. It is sleek and thin with a beautiful and vibrant display curving around both sides of the phone. The immediate effect that we noticed is that the viewing experience—whether internet, photos, videos, or even email—is more immersive. The two-sided curved screen gives the impression of a never ending display that seems to lift the contents off the screen. The glass and metal body of the phone gives it a sturdy feel without being heavy.

The 5.5 inch display is smaller than Phil's previous huge Note 5 display and about the same as Bill's iPhone 6Plus display, but not as large as Bill’s other phone, the S6 Edge+. Phil thought he would have trouble adjusting to a smaller display, but the curved aspect of the display sort of masks its smaller size. Furthermore, the S7 Edge is a good fit for your hand (even if you happen to have smallish hands like a certain presidential candidate).

So the S7 Edge won us over with its sexy looks; but was it smart?

In a word, "Yes!” The S7 Edge, running the latest version of Android—Marshmallow—is quick and powerful. The battery life—which always seems to be a problem with our phones—so far has been phenomenal. Other reviews that we have read tout a 20-hour battery life. We haven't pushed it that far, but we have not dipped passed 50% for day-long activity. One of the first things we did was to put in a security lock code (as everyone should do to protect your privacy and security). We were

very pleased to try the fingerprint authentication to unlock the phone, which works very well. Also, the camera, as is the case on most recent Samsung phones, takes stunning photos and videos.

Of course, the sentinel feature of the S7 Edge is the edge panel that you can bring up on the edge of the phone with a quick finger swipe. This panel is actually multiple customizable pages that you can bring up on the side to provide quick shortcuts to favorite apps, contacts, or even simple tasks—such as creating a calendar entry. Have you ever flipped through several screens on your phone looking for a particular app that you have no idea which screen it was saved on? It can be very frustrating when you have more popular app icons than can fit on the phone's home screen. In this scenario, the Edge panel can serve as an extension of the home screen where you can put shortcuts to your favorite apps. Another feature of the Edge panel that we thought was cool is something called Edge "lighting". With this feature turned on, when you get a call from a favorite person from your Contacts list, the phone will emit a color associated with that contact.

Yet another unique feature that we like on the S7 Edge is the default display that shows when the phone is not active. Somehow Samsung has engineered the screen to emit a dim display even when the phone is "off" without draining the battery. This feature called "Always On Display" shows the date and time along with alerts for missed calls or incoming texts when the phone is inactive. Do you know how many times we "wake" our phones just to check the time or if we have missed a call?

Samsung tells us the average user checks his or her smartphone 150 times per day. That number can be cut dramatically—and battery life can be extended significantly—by taking advantage of the "Always On Display" feature.

We were not thrilled that Samsung, following a pattern of recent releases, did not make the S7 Edge battery removable. As long as the battery continues to perform as well as it has so far, however, this "shortcoming" should not be a problem. Storage space is another limitation that vexes us on many digital devices.

We were very pleased that Samsung brought back the microSD Continued on page 13

12

Nashville Bar Journal • April 2016

EARN YOUR CLE WITH QUALITY NBA DISTANCE LEARNING SEMINARS NBA TELEPHONE SEMINARS NATIONAL FACULTY & CURRENT TOPICS AT OUR FINGERTIPS 12:00pm – 1:00pm (CST) DISTANCE LEARNING CREDIT

TABLE OF CONTENTS PAGE 2

LIVE CLE SEMINARS PAGE 3

LIVE CLE SEMINARS

APRIL Apr 12

Escrow Agreements in Business Transactions

Apr 13

restrictive & Protective Covenants in real Estate

Apr 14

Governance for Non-profits

Apr 15

Estate Planning for Guardianship and Conservatorships (Live replay)

Apr 18

Estate & Trust Planning for Non-Traditional Families (Live replay)

Apr 19

Director and Officer Fiduciary Duties & Liability

Apr 20

Drafting Employment Agreements, Part 1 (Live replay)

Apr 21

Drafting Employment Agreements, Part 2 (Live replay)

Apr 22

Ethics for Estate Planners (Dual)

Apr 25

Choice of Law and Choice of Forum in Contracts (Live replay)

Apr 26

Employees, Secrets and Competition: Non-Competes and More

Apr 27

Planning with Single Member LLCs, Part 1 (Live replay)

Apr 28

Planning with Single Member LLCs, Part 2 (Live replay)

Apr 29

Ethical Issues in Buying, Selling or Transferring a Law Practice (Live replay)(Dual)

MAY May 2

2015 religion in the Workplace (Live replay)

May 3

Taking a Credit Interest in Stock or Membership Interest

May 4

Ethics and Drafting Effective Conflict of Interest Waivers (Dual)

May 5

Understanding and Counseling Trustees about their Duties, Part 1

May 6

Understanding and Counseling Trustees about their Duties, Part 2

May 9

Health Care Issues in Estate Planning (Live replay)

May 10

Ethics and Establishing and Ending an Attorney/Client relationship (Dual)

May 11

Adding a New Member to an LLC

May 12

2016 Ethics Update, Part 1 (Live replay) (Dual)

May 13

2016 Ethics Update, Part 2 (Live replay) (Dual)

PAGE 4

WEBINARS, PLI LIVE WEBCASTS & ONLINE COURSES PAGE 5

MOVIE WEBCASTS PAGE 6

CLE REGISTRATION FORM

SUPPORT YOUR LOCAL BAR ASSOCIATION! NBA CLE STAFF Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator

SEE ADDITIONAL COURSES AT NASHVILLEBAR.WEBCREDENZA.COM

Nashville Bar Association • Continuing Legal Education • NashvilleBar.org/CLE • 615.242.9272

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APRIL 12, 2016

SUCCESSION PLANNING FOR LAWYERS

REGISTRATION 1:00pm SEMINAR 1:30pm – 4:50pm 3.0 CLE Hours – 2.5 General | .5 Dual

WHO SHOULD ATTEND: All lawyers—even in firm settings—need to plan for retirement, illness/disability, or death, and its effect on their practice and clients.

COST NBA Members: $139 (received before or on Apr 8); $149 (received after Apr 8) Non-NBA Members: $279 (received before or on Apr 8); $289 (received after Apr 8)

TRANSITIONING, SELLING, OR CLOSING YOUR LAW PRACTICE

OVERVIEW: All lawyers face the reality of eventual retirement, illness/disability, or death.

There are many critical elements to consider including firm strategic planning and revenues, file retention, transitioning staff and files, and more. In all cases, the clients’ interests must be protected, creating an ethical obligation for you to plan.

Learn how to plan now—before a crisis. Find out the choices that you can make to minimize tax impacts and properly value the transition, the basics of practice organization, succession planning, the sale of a practice, and current ethics rules governing a lawyers’ transition out of practice.

FACULTY:

Marisa Combs, Lewis Thomason J. Dale Crow, Crow Friedman Group, a Risk Strategies Company Wes Pennington, III, Frazier & Deeter, LLC Sasan Zamani, Frazier & Deeter, LLC

PRODUCER:

Susan Blair, Nashville Bar Association

JOIN THE NBA AND SAVE $$$ $385 (received before or on Apr 8) $395 (received after Apr 8)

(Fee includes 2016 NBA membership year and seminar at NBA Member rate.)

LOCATION Nashville Bar Association 150 4th Ave N, Suite 1050 Nashville, TN 37219 PARKING • 4th Ave next to One Nashville Place • 4th Ave across from One Nashville Place • Commerce Street • Main Library (between 6th & 7th Avenues) Registration must be received on or before Apr 8 to guarantee written materials at the program. refund or credit will not be issued after Apr 8; however, a substitute may attend for a registered participant.

VISIT NASHVILLEBAR.ORG/CLE FOR MORE INFORMATION!

APRIL 21, 2016

CONCUSSION: HOT TOPIC IN SPORTS LAW WHO SHOULD ATTEND: Attorneys who deal with sports law or have an interest in finding out more about this significant issue will benefit from this program.

OVERVIEW: Concussions and other sports-related injuries have become a major topic of discussion at all levels of competition. Laws, court decisions, and recently adopted league policies have forced those involved in sports competition to pay much closer attention to the possible permanent damage that can result from concussions and other head injuries.

All 50 states have enacted laws to protect junior high and high school athletes. The NCAA has adopted rules governing collegiate sports competition. The NFL and other professional sports leagues have been forced by lawsuits to adopt new rules to protect their players.

Hollywood even got into the picture in December with the release of the motion picture Concussion.

Please join your colleagues for HAPPY HOUR after the program, sponsored by the Sports, Entertainment & Media Law Committee.

FACULTY:

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Dr. Lucy Ledbetter, Tennessee Neurology Specialists Matt Banker, Associate Athletic Director for Compliance, University of Louisville Richard Colbert, Kay, Griffin, Enkema & Colbert, PLLC Isaac Conner, Stewart Johnson Conner & Manson, LLP Courtney Wilbert, Kay, Griffin, Enkema & Colbert, PLLC

PRODUCERS: John P. Williams, Tune, Entrekin & White, P.C. Sara Reynolds, Anderson & Reynolds, PLC

REGISTRATION 1:00pm SEMINAR 1:30pm – 4:55pm 3.0 CLE Hours – General COST NBA Members: $139 (received before or on Apr 19); $149 (received after Apr 19) Non-NBA Members: $279 (received before or on Apr 19); $289 (received after Apr 19) JOIN THE NBA AND SAVE $$$ $385 (received before or on Apr 19) $395 (received after Apr 19)

(Fee includes 2016 NBA membership year and seminar at NBA Member rate.)

LOCATION

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PARKING

• 4th Ave next to One Nashville Place • 4th Ave across from One Nashville Place • Commerce Street • Main Library (between 6th & 7th Avenues) Registration must be received on or before Apr 19 to guarantee written materials at the program. refund or credit will not be issued after Apr 19; however, a substitute may attend for a registered participant.

Nashville Bar Association • Continuing Legal Education • NashvilleBar.org/CLE • 615.242.9272

APRIL 25, 2016 REGISTRATION 11:30am SEMINAR 12:00pm – 1:00pm 1.0 CLE Hour – General COST NBA Members: $45 (received before or on Apr 23); $55 (received after Apr 23) Non-NBA Members: $89 (received before or on Apr 23); $99 (received after Apr 23) JOIN THE NBA AND SAVE $$$ $289 (received before or on Apr 23) $299 (received after Apr 23)

(Fee includes 2016 NBA membership year and seminar at NBA Member rate.)

LOCATION Nashville Bar Association 150 4th Ave N, Suite 1050 Nashville, TN 37219 PARKING • 4th Ave next to One Nashville Place • 4th Ave across from One Nashville Place • Commerce Street • Main Library (between 6th & 7th Avenues) Registration must be received on or before Apr 23 to guarantee written materials at the program. refund or credit will not be issued after Apr 23; however, a substitute may attend for a registered participant.

VISIT NASHVILLEBAR.ORG/CLE FOR MORE INFORMATION!

LOCAL PRACTICE IN BANKRUPTCY COURT, BUT NOT IN THE LOCAL RULES CO-SPONSORED WITH THE NBA BANKRUPTCY COURT COMMITTEE

WHO SHOULD ATTEND: Attorneys whose practice leads them to Bankruptcy Court, representing debtors, creditors, and/or trustees OVERVIEW: Do you ever have an issue in a bankruptcy case and review the local rules only to remain uncertain of the correct course of action? Through hypothetical scenarios, the faculty will explain best practices for navigating potential pitfalls associated with practice before the Bankruptcy Court.

YOU WILL BENEFIT BY LEARNING BEST PRACTICES REGARDING: 1. Communications with the Court, the Chapter 13 Trustee’s office and the Clerk’s office.

2. Issues concerning Section 341 Meetings of Creditors.

3. Procedural issues concerning motion practice.

4. Procedural issues concerning adversary proceedings, including pretrial conferences.

NOTE: A boxed lunch will be provided by the seminar sponsor.

Please register before or on April 23 to guarantee a lunch at the program.

FACULTY:

James Davis, Office of the Chapter 13 Trustee for Middle District of TN Courtney Gilmer, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Matthew Loughney, US Bankruptcy Court, Middle District of TN Judge Randal Mashburn, US Bankruptcy Judge, Middle District of TN

PRODUCER:

Robert Miller, Manier & Herod, PC Gulam Zade, LogicForce Consulting, LLC

MAY 11, 2016 REGISTRATION 11:30am SEMINAR 12:00pm – 4:20pm 4.0 CLE Hours – General

HEALTH LAW INSTITUTE

COST NBA Members: $195 (received before or on May 9); $205 (received after May 9) Non-NBA Members: $389 (received before or on May 9); $399 (received after May 9)

WHO SHOULD ATTEND: New health law attorneys, health law attorneys seeking a refresher course on several timely and important topics, and non-health law attorneys seeking an overview of federal and state health care fraud and abuse laws, HIPAA, telemedicine and health care decision making

JOIN THE NBA AND SAVE $$$ $439 (received before or on May 9) $449 (received after May 9)

(Fee includes 2016 NBA membership year and seminar at NBA Member rate.)

LOCATION Nashville Bar Association 150 4th Ave N, Suite 1050 Nashville, TN 37219 PARKING • 4th Ave next to One Nashville Place • 4th Ave across from One Nashville Place • Commerce Street • Main Library (between 6th & 7th Avenues)

INSTITUTE HIGHLIGHTS 1. An overview of some of the most important health care laws commonly encountered by health care lawyers and non-health care lawyers alike.

2. Timely information on recent and proposed developments in fraud and abuse, HIPAA, telemedicine and health care decision making.

3. Basic information for those unfamiliar with health law topics or needing a refresher course.

4. Helpful tips to help lawyers detect health care fraud and abuse issues.

5. A discussion of important considerations relating to end-of-life issues and the use of health care powers of attorney, living wills/advanced directives and advance care plans.

FACULTY:

Michaela Poizner, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Kyonzté Hughes-Toombs, Tennessee Department of Health Professor Deborah Farringer, Belmont University School of Law Mark Ison, Sherrard & Roe, PLC Travis Lloyd, Bradley Arant Boult Cummings LLP

PRODUCER:

Mark Ison, Sherrard & Roe, PLC

Registration must be received on or before May 9 to guarantee written materials at the program. refund or credit will not be issued after May 9; however, a substitute may attend for a registered participant.

Nashville Bar Association • Continuing Legal Education • NashvilleBar.org/CLE • 615.242.9272

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LIVE CLE ETHICS WEBINARS FEATURING SEAN CARTER, ESQ.

The Nashville Bar Association partners with Sean Carter and MCLE Plus to bring you CLE Netshows—entertaining and content-filled ethics and professionalism live webinars. Sean and Stuart are not only nationally recognized education experts, but also excellent communicators who actually make learning fun. Both received rave reviews from area lawyers for their inperson NBA CLE seminars. Watch your inbox for program details and registration links! You can also register at NashvilleBar. org/CLE.

APRIL WEBINAR LINE-UP Apr 18

It’s Not The Fruit, It’s The Root: Getting To The Bottom Of Our Ethical Ills Noon – 1:00 p.m. Central Time 1.0 CLE Hour – Dual – Distance Learning Credit

Apr 20

Nice Lawyers Finish First Noon – 1:00pm CST 1.0 CLE Hour – Dual – Distance Learning Credit

Apr 30

The Ethys Awards 10:00am – 12:00pm CST 2.0 CLE Hours – Dual – Distance Learning Credit

PLI & THE NASHVILLE BAR ASSOCIATION BRING YOU LIVE WEBCASTS The Practicing Law Institute and the Nashville Bar Association are working together to bring PLI’s sophisticated and cutting-edge programs to Tennessee attorneys through live webcasts held in the NBA Conference Center.

Attorneys attending the live webcasts at the NBA office will earn “live” CLE credit!

Visit NashvilleBar.org/CLE for course details and to register. All start times listed below are Central Standard Time.

April 20, 2016 June 2, 2016 June 30, 2016

Financial Services Conflicts of Interest & Fiduciary Duties 2016 Appellate Advocacy 2016 Writing for Litigators 2016

12:00 – 4:00pm 1:00 – 5:00pm 1:00 – 4:15pm

Questions? Contact Christine Seisler at PLI at cseisler@pli.edu or 212.824.5798.

NBA ONLINE CLE • PERSONALIZED LEARNING ON YOUR SCHEDULE N is the exclusive online support network for the NBA

Check out these NEW online courses and rEGISTEr NOW at NashvilleBar.org/CLE. remember to check back often for more upcoming class offerings and schedules!

Ethics and Professionalism: Dealing with the Media in High Profile Cases David raybin and Benjamin raybin present real-life suggestions to navigating this thicket where an errant comment can be on Facebook in 30 seconds. (1.0 Dual CLE Hour) Ethics and Professionalism: Attorneys’ Ethical Use of Social Media Sandra Garrett discusses the ethical challenges presented by social media and the guidelines for compliance with the rules of Professional Conduct. Find out about the Board’s new Formal Ethics Opinion 2015-F-159 regarding an attorneys’ use of “the cloud.” (1.0 Dual CLE Hour) Tennessee Public Records Act: Current Issues Proper interpretation of the Tennessee Public records Act has been the subject of numerous controversies in the last year.

Saul Solomon and John Williams discuss these issues from different perspectives. (1.0 General CLE Hour)

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Nashville Bar Association • Continuing Legal Education • NashvilleBar.org/CLE • 615.242.9272

Put some DRAMA into your CLE with these engaging movie webcasts!

ALL WEBCASTS ARE ON MONDAYS OR WEDNESDAYS. REGISTRATION MUST OCCUR AT LEAST ONE HOUR PRIOR TO THE PROGRAM. Distance Learning Credit

The Art of Advocacy

What Can Lawyers Learn from Actors?

Ben Franklin on Ethics

Facilitated by Katherine James

Featuring Christopher Lowell

June 1 11:00am – 2:30pm CST 3.25 CLE Hours

April 27 • June 15 11:00am – 12:00pm CST 1.0 CLE Hour

General - Distance Learning

Clarence Darrow:

Crimes, Causes, and the Courtroom

Dual - Distance Learning

Impeach Justice Douglas!

Featuring Graham Thatcher as Clarence

Featuring Graham Thatcher

May 11 • June 29 11:00am – 2:15pm CST 3.0 CLE Hours

June 8 11:00am – 2:15pm CST 3.0 CLE Hours

Dual - Distance Learning

Lincoln on Professionalism

Dual - Distance Learning

Thurgood Marshall’s Coming Featuring T. Mychael rambo

April 27 • June 15 12:15pm – 1:30pm CST 1.25 CLE Hours Dual - Distance Learning

Make Your Witness a STAR!

May 25 11:00am – 1:40pm CST 2.5 CLE Hours Dual - Distance Learning

Maxims, Monarchy and Sir Thomas More

Facilitated by Katherine James

Featuring Graham Thatcher

April 13 11:00am – 1:30pm CST 2.25 CLE Hours

June 22 11:00am – 12:15pm CST 1.25 CLE Hours

General - Distance Learning

Dual - Distance Learning

For movie webcast details and to register, go to Periaktos.Bizvision.com.

Brought to you by the Nashville Bar Association CLE and Periaktos Productions, LLC. . . . The dramatic difference in CLE.

Nashville Bar Association • Continuing Legal Education • NashvilleBar.org/CLE • 615.242.9272

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Continued from page 12

expansion slot on the S7 Edge so we can add more storage capability. Bill’s S6 Edge+ does not have this feature, and the processor is not quite as powerful as the S7 Edge.

So, after we prodded and poked our new S7 Edge to find out about all these cool new features, we decided to make a call.

We are happy to report that the S7 Edge does indeed work as a phone. But it seems with each new release of these increasingly smarter smart phones, the main purpose of the device—to make phone calls—is an afterthought. Not a problem for us. We demand a lot more out of our devices; and, in the case of the Galaxy S7 Edge, the fact that it looks so good in doing what it does is just an extra bonus. In the words of Fernando Lamas, “It’s better to look good than feel good.” This phone looks good and feels good. In fact, “it looks mahvelous.” n Until next time, Bill & Phil

MEETING SPACE @ THE NBA CENTER

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

For more information, contact vicki.shoulders@nashvillebar. org and indicate the date, time, and meeting room preference.

Please note that meeting space is subject to availability.

Nashville Bar Journal • April 2016

13

The Encryption Conundrum Apple vs. the U.S. Government

By Kristin Thomas

Editor's Note: As this issue was going to press, the government withdrew from its lawsuit against Apple. Although the lawsuit has concluded, the privacy war continues to go viral.

On February 16, 2016, U.S. Magistrate Judge Sheri Pym of the U.S. District Court’s Central District of California issued an order requiring Apple to assist the FBI in unlocking an iPhone formerly used by San Bernardino mass shooter Syed Rizwan Farook. With the release of Judge Pym’s order, the battle over the balance of preserving citizen’s privacy rights while maintaining national security interests publically entered the technological age. The court did not specifically order Apple to break the encryption now installed on all iPhones, but the order does require the company create software that the FBI can use to circumvent the encryption on the iPhone by bypassing the disable and self-destruct features that are triggered after multiple unsuccessful login attempts.

The implications of a ruling in favor of either party in this landmark case will reverberate throughout the nation, including cases in Tennessee. Indeed, this is not the first time Tennessee has weighed the delicate balance between law and data privacy.

As a result of the 2012 Eastern District of Tennessee, 6th Circuit Court of Appeals ruling in USA v. Skinner, that the US government can track cell phone location in real time without a warrant, the General Assembly of Tennessee passed SB2087/HB20871 in mid-2014, prohibiting the government from obtaining GPS location without a court authorized search warrant.

of 17892, which was used against Apple before.3 There are currently 12 cases in 4 states involving the DOJ filing an All Writs Act demand on Apple.4 Encrypted devices provide an interesting legal conundrum: Although nothing is warrant-proof, encryption creates devices that offer such robust security features that the government, and in this case the maker of said device, cannot access its content once locked.

Apple argues that complying with the court order would require the company create a tool that allows access to any iPhone through a backdoor vulnerability. Should such a backdoor or tool to circumvent the encryption features on iPhones exist, motivated parties like hackers, cyber-criminals, and repressive regimes could exploit it, negating the use of encryption entirely. In essence, Apple argues that in order to execute a search warrant on your neighbor’s home, the judge requires the FBI has access to master keys for every house that uses locks manufactured by a company.

Though encryption is a topic regularly debated in legal and regulatory circles, this is the most public legal case to test issues surrounding its use. In it, both sides provide interesting arguments that should be thoughtfully considered.

While the government argues that they will only use this tool to unlock this one phone, there is no guarantee that this will hold true. Once such a tool is created or a backdoor vulnerability is installed, it is only a matter of time before someone steals this tool or discovers a way to exploit this vulnerability. In fact, it would not be the first time such a backdoor vulnerability was exploited.

During its first several years in business, Facebook had a master password that allowed access to any user account; it was exploited for unauthorized access both internally by Facebook employees and externally once discovered.5 While Facebook doesn’t have the resources our government has, a variety of government agencies are hacked regularly. Most recently, a 15-year old from England managed to socially engineer his way into accounts belonging to officials at the DOJ, FBI, and DHS.6

The government argues that this case involves accessing one cell phone in the interest of national security and in an effort to collect potential actionable intelligence from a deceased mass shooter. To support its case the DOJ references the All Writs Act

There are other alternatives to no access or creating a backdoor vulnerability. One suggestion being posed and debated amongst information security professionals is to create duplicate encryption keys—one key resides with the user/owner of the device and

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the duplicate key is securely stored by the company and relinquished upon receipt of a search warrant. Creating duplicate keys still carries risks and there are security issues to overcome, but those risks are fewer than those of the two options currently offered in this case.

This case will not be the last time courts are requested to weigh the privacy rights of all individuals against national security interests. These arguments are not easy to reconcile and, no matter what precedent is set, the ramifications have far-reaching consequences. Eventually, such an issue may require a ruling from a higher court or legislative/regulatory direction to ensure personal privacy is preserved without creating warrant-proof devices. n Endnotes Tennessee General Assembly, SB2087/HB20087, wapp.Capitol.tn.gov/Apps/BillInfo/Default. aspx?BillNumber=SB2087&ga=108.

1

2 Wikipedia, All Writs Act, en.Wikipedia.org/wiki/ All_Writs_Act.

Andrew Crocker, Judge to DOJ: Not All Writs, Electronic Frontier Foundation (Oct. 12, 2015), eff.org/ deeplinks/2015/10/judge-doj-not-all-writs.

3

Mike Masnick, The List Of 12 Other Cases Where The DOJ Has Demanded Apple Help It Hack Into iPhones, Tech Dirt (Feb. 23, 2016), TechDirt.com/ Articles/20160223/07015733683/list-12-other-caseswhere-doj-has-demanded-apple-help-it-hack-intoiphones.shtml.

4

Phil Wong, Conversations about the Internet #5: The Anonymous Facebook Employee, The Rumpus (Jan. 11, 2010), TheRumpus.net/2010/01/Conversations-AboutThe-Internet-5-Anonymous-Facebook-Employee/?all=1.

5

Lorenzo Franceschi-Bicchierai, Police Arrest Second Alleged Member of Teen Group that Hacked CIA Director, Motherboard (Feb. 18, 2016), Motherboard.Vice.com/ Read/Police-Arrest-Second-Alleged-Member-of-TeenGroup-that-Hacked-CIA-Director.

6

Kristin Thomas is the owner of KT Designs, LLC, where she consults with litigation teams nationwide on argument strategy, demonstratives development, jury consulting, and presentation technology in a wide range of practice areas. Interested parties are welcome to contact her by email at kt@kt-designs.org or by phone at 202.554.0272.

In re: Telehealth Continued from page 11

Beyond issues of privacy, concerns abound over jurisdiction and other procedural issues, choice of law, the duty of care a telehealth provider has to a patient, and issues relating to the prescribing of medications.

In fact, “the majority of legal actions that have been brought against telehealth providers proceeded as a result of telemedicine practitioners prescribing medications over the Internet, rather than actions having been brought because care was negligently administered through telemedicine.”

In Hageseth v. Superior Court, a Colorado-based doctor prescribed the generic alternative to Prozac to a patient in California. The only interaction the doctor had with the patient was that the patient completed a questionnaire. The patient ultimately committed suicide.

The San Mateo District Attorney’s office filed a criminal complaint. The California Court of Appeals, an intermediate-level state court, held that California had jurisdiction in the case, despite the fact the doctor never entered the state, because the defendant intended his acts to have effects in California.16 In United States v. Kanner, an online prescribing company owned by the defendants allowed their customers to receive non-controlled prescription drugs over the Internet, only requiring them to answer questions on a medical questionnaire; physicians never saw the patients; and there was no previous physician-patient relationship.17 The Kanner case went on to be heard before the U.S. Court of Appeals in the Eighth Circuit, where Marshall Neil Kanner conditionally pled guilty to conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D), 841(b)(1) (D)(2), 846, 856(a)(1), and 861(a)(1), and conspiracy to launder money from the drug conspiracy, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i), 1956(a)(1) (B)(i), 1956(h), and 1957. The district court sentenced Kanner to 32 months imprisonment to be followed by a 2-year

term of supervised release. The court also entered a preliminary forfeiture order of $1,875,861.03. Kanner appealed the denial of his motion to dismiss the indictment as to the drug conspiracy charge, his money laundering conspiracy conviction, and the forfeiture judgment, but the Court affirmed the judgment.

In United States v. Hernandez, without previously examining the patient, a Florida doctor “administered” non-controlled substances “over the Internet.”18 “Federal prosecutors had spent two years building their argument against doctors, pharmacists, and businessmen who were operating an internet pharmacy network. But midway through the trial, their efforts unraveled in spectacular fashion. The case … featured misconduct by the prosecution, misconduct by the jury, two mistrials, and a judge refusing to sentence two men who'd pleaded guilty. In the end, the U.S. Attorney's Office was forced to turn tail and release defendants they once labeled as peddling pharmaceuticals illegally.”19 If we are going to encourage innovative solutions to our healthcare crisis, an enormous aspect of which is the shortage of doctors and nurses, we are going to need to make some changes. Ideally, the next President will work with Congress to repeal Obamacare. Whether or not that happens, however, lawmakers must find ways to ease up on the regulation of prescription drugs, controlled substances, and non-controlled substances; establish some clear rules about where a state’s jurisdiction begins and ends with respect to the provision of a doctor’s services; and reduce and simplify privacy regulation. Finally, we need to establish a national consensus regarding what telehealth service providers’ duties of care are, with respect to their patients. It makes absolutely no sense for them to have the same duty of care as that had by a physician or nurse who treats the patient face-to-face. Ultimately, if patients want to opt for a lower-cost alternative to seeing a physician or nurse face-to-face, they’re going to have to accept (and assume) a little more of the risk of using that lower-cost health care provider.

Continued on page 21 Nashville Bar Journal • April 2016

15

Non-Profit Spotlight: Make-A-Wish of Middle Tennessee

By Marjorie Kaup Haines, Esq.

Make-A-Wish has been enriching the lives of children with life-threatening medical conditions since 1980. The organization was founded after a little boy named Christopher Greichus from Phoenix, Arizona, realized his heartfelt wish was to become a police officer—he simply wanted to “catch bad guys". Upon hearing this, on April 29, 1980, a group of police officers arranged for a helicopter to fly Chris to the Department of Public Safety headquarters where he was given a tour, a “Smokey Bear” hat, and an officer’s old badge; he became Arizona’s first and only honorary DPS officer.

The officers realized the child didn’t have much time left. The next day they went to the business that makes all of the officer’s uniforms and ordered one in Chris’s size; employees worked all night to have it ready by the next day. A group of officers took the uniform to his house where they set up traffic cones for Chris to steer his batterypowered motorcycle through to qualify for a motorcycle officer’s wings. However, when they returned the following day to present Chris with his wings, he had been admitted back into the hospital. With his DPS gifts all around him and clutching his new wings, Chris gave a last smile for the men who had done so much for him in such a short time. He passed away on May 3, 1980, and was given the ceremony for a fallen police officer.

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The mission statement of Make-A-Wish is “We grant the wishes of children with lifethreatening medical conditions to enrich the human experience with hope, strength and joy.” With the help of generous donors and 32,000 volunteers worldwide, MakeA-Wish has collectively granted more than 350,000 wishes worldwide, making it the world’s largest wish-granting organization.

What would YOUR wish be?

I wish to GO: Some kids want to travel to their favorite theme park, go on a cruise, see snow for the first time, or attend a major sporting event or concert.

I wish to MEET: Some kids want to meet their favorite athletic, recording artist, public figure, or movie star.

I wish to HAVE: Some kids want a computer, a pet, a shopping spree, or something they have coveted for a long time.

I wish to… Some wishes may not fit into these categories (remember Batkid?!), but that doesn’t mean it’s not possible.

Wish Eligibility To be eligible for a wish, the child has to be between 2½ and 18 years of age at the time of the referral and have a life-threatening medical condition (a progressive, degenerative, or malignant condition that has

placed the child’s life in jeopardy), and has never received a previous wish granted by Make-A-Wish or any other wish-granting organization. One of the myths about Make-A-Wish is that the child has to have a terminal illness.

I recently discussed Make-A-Wish with Middle Tennessee’s branch President and CEO, Beth Torres. One of their main fundraising events is the upcoming Walk for Wishes 2016 presented by Franklin Kia, which will take place on April 16, 2016, at Bicentennial Capitol Mall State Park in Nashville.

She also discussed Kids For Wish Kids, which is an extremely popular program for kids because it is managed by kids! This custom-tailored fundraising program provides local schools and youth organizations the opportunity to engage in philanthropy and service activities to help grant the wishes of Middle Tennessee children with life-threatening medical conditions. This program encourages community service, leadership, volunteerism, and teamwork.

Kids For Wish Kids provides a hands-on experience for students to help raise funds to grant wishes. This program helps build school spirit and creates partnerships outside of the classroom. It also allows for everyone involved to “share the power of a wish!”

I recently went through volunteer training at the Make-A-Wish Middle Tennessee chapter. It’s surprisingly easy to be a wish granter! Once the referral has been made—through medical professionals, parents, or children themselves—and the child has been determined eligible, an enthusiastic wish team visits the child and their family to learn the child’s one true wish. These committed volunteers connect with wish children, awaken their imaginations, and help them envision an experience with the power to change lives. The wish granters create an unforgettable experience driven by the child’s creativity. They strive to personalize each wish and to make it match the wish kid’s idea of a perfect day.

A majority of wishes involve Disney and the Give Kids The World Village which is a non-profit resort that creates magical moments for these children and their families and plays a huge role with Make-A-Wish. I am in the process of assisting in planning the wish reveal party for my first little wish kid; she’s only three and I’m showering her with Disney Princess dresses! Her family— including dad, mom, and little sis—are going to Give Kids The World Village for a week of fun, excitement, and a personalized experience just for her. I just know I’m going to cry.

How Can You Help?

Referrals If you know of a child that would benefit from Make-A-Wish, give the local branch a call at 615-221-2200. They take referrals for every single part of the USA and can get the wish referred to the appropriate branch.

Donate Donate online at MiddleTennessee.Wish.org.

Volunteer Fundraising, Office Assistance, Public Speaking, Special Events, Translating, and Wish Granting. Other opportunities besides wish granters are people with special talents. Do you have a particular skill or opportunity? Call Make-A-Wish; they may not have a child whose wish fits into your skill set, but when something comes up, they will get a hold of you.

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Be a Wish Granter Contact Val Haines at vhaines@middletennessee.wish.org to register for training.

legalsolutions.com/get-ready Visit MiddleTennessee.Wish.org to learn more or follow them at Facebook.com/MakeAWishMidTN. n

© 2015 Thomson Reuters S020713/7-15 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.

This spotlight on Non-Profit Organizations was submitted by Marjorie Kaup Hainses, Esq. 615.818.6988 • margehaines@aol.com Nashville Bar Journal • April 2016

17

2016 Diversity Summit in Review

By Raquel Bellamy I complained just a bit on the way to the 2016 Diversity Summit, hosted by the Nashville Bar Association. Even I—Chair of the NBA Diversity Committee—had my doubts about a mid-week summit with no CLE credit! We can all understand the pangs of deadlines and “more important” activities. Little did I know, amazing insights and connections were on the horizon. Next time, I hope you will take the afternoon off with unclenched teeth, and join the conversation! Here are my top five takeaways from this year’s Diversity Summit.

For Young Lawyers: Treat partners like customers, NOT teachers & mentors. Werten Bellamy eloquently reminded young lawyers that they are hired to provide a good service. He dissected the path to success within a law firm and encouraged young lawyers to adjust their mindsets. He asked, “Are you victims of all of the barriers in your way?” If so, he encouraged lawyers to try be purposefully driven for greater productivity. My favorite piece of advice was that young lawyers should aim for good customer service, viewing partners as their customers.

Nashville overwhelmingly supports diversity! Allow me to set the scene. The event began with moving comments from Mayor Megan Barry. Mayor Barry reiterated her commitment to diverse initiatives for the city of Nashville and energized guests for the day ahead. The room was packed with lawyers, judges, law students, and other professionals who enjoyed a complimentary lunch, thanks to the generosity of many event sponsors of the local bar.

For Diverse Job Candidates: Be intentional about developing a personal brand. As the day continued, we heard from the likes of Samar Ali (Bone McAllester Norton, PLLC), Margaret Behm (Dodson Parker Behm & Capparella, PC), Judge Richard Dinkins (Tennessee Court of Appeals), Harold Love, Jr. (State Representative, District 58), Yanika Smith Bartley (Asurion), and others. All gave fantastic words of wisdom on building a personal brand and expanding opportunities in Nashville.

For Employers: You cannot manage what you do not measure.

I believe that the hardest step in increasing diversity in the legal profession is taking an introspective look at the state of diversity in your firm. However you define diversity, are you implementing practices to hire candidates that meet your definition? Lisa Howe of the LGBT Chamber of Commerce reminded audience members that very often employers are not even tracking their progress on hiring LGBT job applicants. Audience members asked panelists about the difficulties of actually finding qualified minority candidates. Charles Bone, a founding partner at Bone McAllester Norton, PLLC, has apparently found the “fountain of diversity.” Speaking on the private sector panel, he boldly declared that qualified diverse candidates are not hard to find.

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A good team is critical to success. I must mention the diligent subcommittee chairs who planned this event. Tim Capria, Erica Watson, and their team worked tirelessly behind the scenes.

Joycelyn Stevenson, President of Nashville Bar Association, gave her full support and time. The event also was made possible by the amazing leadership and staff of the Nashville Bar Association, including Executive Director Monica Mackie, Traci Hollandsworth, Shirley Clay, and Jill Presley. n Raquel Bellamy is an associate at Branstetter Stranch & Jennings PLLC. She currently serves as this year’s NBA Diversity Committee Chair.

Capitol Notes

By Nathan H. Ridley When opportunity comes, it’s too late to prepare.

—John Wooden, former UCLA men’s basketball coach and winner of 10 national championships Talk about Sucking all the Oxygen out of the Building In 1992, Ron Ramsey won his bid for elective office to the State House at age 37 by 119 votes in a 4-person hotly contested August primary election. Fast forward to Wednesday, March 16, 2016, when Speaker Ramsey stepped down from the Senate podium after announcing that he would not seek reelection to his Senate seat during the upcoming election cycle. Arguably, the state’s most powerful political figure, Speaker Ramsey, lover of his family, country music, and Mountain Dew, spoke fondly of his grandchildren and his desire to spend more time with them. Rather than celebrating his career, the capital crowd acted in typical fashion immediately pondering Ramsey’s successor.

Names under early consideration include, Majority Leader Mark Norris, Caucus Leader Bill Ketron, Speaker Pro Tem Bo Watson, Commerce Committee Chair Jack Johnson, and Finance Ways and Means Committee Chair Randy McNally. The Senate Republican Caucus will formally make its choice after the November elections. Speaker Ramsey will continue to serve as Speaker until his successor is elected on January 10, 2017. Speaker Ramsey is owed a debt of gratitude for his willingness to serve and to lead.

On the Litigation Front At the request of Tennessee Attorney General Herbert Slattery, the General Assembly is on the verge of passing legislation dealing with lawsuits against a state employee or official in his or her individual capacity. Under the present law, Tennessee follows the American rule of each party being responsible for his or her attorney fees. If a state employee, however, is sued in his or her official capacity, the state attorney general defends the employee and the state will pay any damages awarded. If the state employee is sued in his or her individual capacity, the state employee is responsible for his or her attorney fees and any damages.

purports to apply to a claim filed in federal court.

Checklist for April 1. Be sure everyone in your shop, your household, and otherwise in your sphere of influence is registered to vote.

2. Sign up for the 13th Annual LogicForce Race Judicata, which will be held on April 9th along the Harpeth River Greenway at Edwin Warner Park. It’s a good event put on by the Young Lawyer Division. While the course is flat and fast, it’s still ok to start slow and then taper off for your finish.

3. Plan on attending this year’s NBA Law Day Luncheon on Friday, April 29. Invite a lawyer who is not an NBA member to attend with you.

Calendar Notes April 7, 2016, is the qualifying deadline for candidates to run for the General Assembly in the 2016 elections. All 99 state house districts, including 10 here in Davidson County will be up, and the even numbered senate districts, including 2 here in Davidson County will be up.

The 2016 legislative session is beginning to wind down. Be sensitive to the usual weekly schedules being different in the coming weeks if you try to contact legislators. The budget conversation will soon begin to dominate the days. Adjournment is expected

by April 21. n Nathan H. Ridley is an attorney with the Nashville firm of Bradley Arant Boult Cummings LLP. You may contact him by email at nridley@babc.com.

SB 2377/HB 1679 would entitle the prevailing state employee to reasonable attorney fees and costs in defending the claim brought against an employee in the employee’s individual capacity. Bill supporters used the word “frivolous” frequently, while bill opponents mentioned the difficulty of bringing sexual harassment cases and the present rule governing frivolous cases. Senate floor action saw the defeat of an amendment removing the bill’s application to elected officials. After the House considers a technical amendment, the bill will be sent to Governor Haslam for his consideration. If the bill becomes law, it would take effect on June 1, 2016, and would apply to claims filed after that date. Interestingly, the bill

Nashville Bar Journal • April 2016

19

Prosecution for Failure to Vaccinate A Tennessee Historical Case Study

By Paul DeWitt

Dr. Jonas Salk’s polio vaccine, introduced to near unanimous acclaim in 1955, was a huge advance in the fight against paralytic polio, a scourge in post-war America. Field trials conducted on school children in Nashville and across the country the year before had proven his killed-virus vaccine to be extremely effective. Local public health departments all across the United States were authorized in 1955, to vaccinate thousands of public school children.

An aggressive public relations campaign, funded by the March of Dimes from entirely private donations, succeeded in convincing most parents, but not all, to have their children vaccinated.

Nashville played no small role in the rollout of the vaccine. Dr. John Lentz, director of the city’s public health department, was actually the first public health officer in the nation to require all public and private school children to receive the Salk vaccine. As a result, by 1956, virtually every Nashville school-aged child had received the shots. The incidence of polio dropped dramatically.

By 1957, the number of new polio patients in Tennessee had dwindled to approximately 150, and nationally to approximately 5000. Contrast this to 1952, when over 57,000 new polio cases were reported nationwide.

In our city and state, a number of attorneys, judges, and legislators played a significant role in the campaign to eradicate polio by imposing the State’s police power on families who resisted the call to vaccinate.

At the urging of Dr. Lentz and the Davidson County Board of Health, the Tennessee legislature passed a statute in 1957, allowing all county health departments to require polio shots for school children. Failure to do so was a criminal misdemeanor. Yes, parents who refused to have their children vaccinated for polio could go to jail for up to six months and be fined up to $100 upon conviction.

Dr. Lentz had been chief public health officer in Davidson County since 1920. Small in stature physically, Lentz nonetheless cut a large 20

Nashville Bar Journal • April 2016

figure in both the medical and legal communities in Nashville.

So energetic was he that he intervened personally in cases where parents were reluctant to have their children vaccinated. And when on one occasion his efforts got him nowhere, he prevailed upon the Davidson County District Attorney to prosecute.

In 1959, Ben and Eulola Gamble, parents of Goodlettsville Elementary School students Arthur Ray and Elizabeth Gamble, refused to allow public health nurse Stella Crawford to give the children polio shots at the school. Hearing of this, Dr. Lentz called the Gamble home twice but got no answer. Dr. Lentz then took it upon himself to visit the Gamble home in person to urge the family to take the vaccine. But none of these efforts worked.

Recalling those days now in a telephone interview, Arthur Gamble said, “Dad told him no. My father was a stubborn man and just wasn’t going to let some doctor tell him what he could do with his children.”

Not to be deterred, Dr. Lentz then turned to law enforcement.

He urged District Attorney Harry Nichol to prosecute Gamble.

Indeed Nichol obtained an indictment from the Davidson County Grand Jury charging Ben Gamble with a violation of the statute, whereupon Gamble retained Cookeville attorney Elmer Langford to defend him.

On Monday, August 3, 1959, Davidson County Criminal Court Judge Homer B. Weimer empaneled an all-male jury for what turned out to be a one-day trial.

Assistant District Attorney Bob Warner handled the trial for the prosecution. Warner called six witnesses to testify. Among them were Dr. Lentz and Eulola Gamble.

Mrs. Gamble testified that Arthur had received one Salk vaccine in 1955. “He’s likely to have died,” she testified. ”I made a vow to

God that I’d never make my children take another one. I think God is more important than any man on earth.”

Defense attorney Langford chose not to call his client to the stand nor put on proof of any kind.

of criminal prosecution to support and enforce a community-held standard of public health. The issue appears to have not come before Tennessee courts since then, and the Gamble decision remains as controlling law.

Paul DeWitt is an Assistant District Attorney with the Davidson County District Attorney’s Office.

You may contact him by at pauldewitt@jis.nashville. org or at 615.862.5500.

In his closing summation, prosecutor Warner pointed to the community interest as overriding any individual or family autonomy. “It is a question of [Gamble’s] refusal on the one hand and the health and welfare of the community on the other.

We have an interest in individual liberty, but there are certain times when the health and welfare of the community must take precedence over an individual’s assertion of alleged personal rights.”

The jury returned a guilty verdict after only 35 minutes of deliberation. As punishment, Judge Weimer imposed a $100 fine.

On appeal to the Tennessee Supreme Court, Langford made various arguments challenging the constitutionality of the private act authorizing the County Board of Health to criminalize the failure of a parent to have children vaccinated. But, the Tennessee Supreme Court rejected the challenge and upheld the conviction. Gamble v. State, 333 S.W.2d 816 (Tenn. 1960).

“I guess dad was running short of money paying attorney fees, court costs, etc. and he probably worried about being prosecuted again. So Dad finally paid the $100 fine and took my sister and me to be vaccinated by a doctor in Ridgetop,” said Arthur Gamble recently. “The story was in the paper and we actually received contributions from people who’d read about it and took our side,” added Gamble. No family member ever contracted polio.

There were—and still are, in the context of other vaccinations such as measles—many incidences where states invoke their authority to compel an individual to be vaccinated. But only once has a State has resorted to criminal prosecution. The prosecution of Ben Gamble in Nashville in 1959 is, as far as I can find, the only example of the use

In re: Telehealth Continued from page 15

If we don’t make some of these changes soon, our health care crisis will continue to worsen, we will have fewer doctors, and, ultimately, even more people will die from preventable medical conditions as the result of inefficient, ineffective government regulation. n Endnotes Jen Christensen, Doctor shortage, increased demand could crash health care system. CNN.com (Oct. 2, 2013), Cnn. com/2013/10/02/Health/Obamacare-Doctor-Shortage.

1

F.A. Hayek & W.W. Bartley, the Fatal Conceit: The Errors of Socialism (Univ. Chicago Press 1988).

11

12

Time magazine (12 February, 1979).

Daniel J. Gilman, Physician Licensure and Telemedicine: Some Competitive Issues Raised by the Prospect of Practising Globally While Regulating Locally, 14 J. Health Care L. & Pol'y 87 (2011), available at DigitalCommons.law. umaryland.edu/jhclp/vol14/iss1/4. Cf. STEVEN SHAVELL, FOUNDATIONS OF ECONOMIC ANALYSIS OF LAW 224-29 (2004) (discussing behavior where the duty of care is uncertain and parties misperceive or overestimate the level of care expected of them).

13

Id. See also Linda Dimitropoulos, Privacy and Security Solutions for Interoperable Health Information: A Nationwide Summary 6-11 (2007), available at Rti.org/Pubs/ Nationwide_Summary.pdf (discussing provider concerns about liability, risk management, and regulatory obligations); Gilman, supra note 13, at 333-34 & nn. 286-94 94 (regarding liability concerns and HIT as well as citing variation among state laws relating to privacy of health information as a factor to consider in the creation and implementation of health exchanges). For a general overview of state law provisions, see Joy Pritts et al, The State of Health Privacy, A Survey of State Health Privacy Statues (2d ed. June 2003), available at Hpi.georgetown. edu/Papers.html (click on “Medical Privacy”).

14

Gilman, supra note 13. See CAL. HEALTH & SAFETY CODE § 123149.5 (West 2006) (telemedicine data included in a patient's medical record); COLO. REV. STAT. ANN. § 25-1-801(d)(4) (West 2008) (telemedicine data included in a patient's medical record); OKLA. STAT. ANN. tit. 36, § 6804(A)(4) (West 2009) (requiring providers to give telemedicine patients "[a] statement that patient access to all medical information transmitted during a telemedicine interaction is guaranteed, and that copies of this information are available at stated costs, which shall not exceed the direct cost of providing the copies . . . .").

15

Hageseth v. Superior Court, 150 Cal. App. 4th 1399, 1417 (2007); see also Stumpf, supra note 10.

16 2

Id.

3 Holly Fletcher, Why more than half of hospital bills don't get paid, Tennessean, Mar. 7, 2016, available at Tennessean.com/Story/Money/Industries/Healthcare/2016/03/07/Why-More-Than-Half-Hospital-BillsDont-Get-Paid/81297202.

4

Id.

5

Id.

United States v. Kanner, No. 07-CR-1023-LRR, 2008 WL 2663414 (N.D. Iowa June 7, 2008); see also Stumpf, supra note 10.

17

United States v. Hernandez, No. 07-60027-CR-ZLOCH (S.D. Fla.). ; see also Stumpf, supra note 10.

18

Deidra Funcheon, Jurors and Prosecutors Sink a Federal Case Against Internet Pharmacies, New Times, Apr. 23, 2009, available at BrowardPalmBeach.com/News/Jurorsand-Prosecutors-Sink-a-Federal-Case-Against-InternetPharmacies-6326977.

19

Chris Good, Obama in 2009: The Individual Mandate Is Not a Tax, ABCnews.com (June 28, 2012), ABCnews. go.com/Blogs/Politics/2012/06/Obama-in-2009-itsnot-a-tax.

6

7

Id.

Fletcher, supra note 3; see also Elyssa Kirkham, 62% Of Americans Have Less Than $1,000 In Savings, Survey Finds, GOBankingRates (Oct. 4, 2015), GoBankingRates.com/ Savings-Account/62-Percent-Americans-Under-1000Savings-Survey-Finds.

8

9

Fletcher, supra note 3.

Attorney Noel Bagwell is President and Chief Legal Counsel of Executive Legal Professionals, an innovative business law firm that provides business legal services and strategic legal counsel to business leadership.

I Stumpf, esq., The Impact of the Nurse Licensure Compact on Telehealth Providers (White Paper), Center for Telehealth & e-Health Law (2010), available at Ctel. org/Research.

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Nashville Bar Journal • April 2016

21

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

Contact vicki.shoulders@nashvillebar.org if you have any questions. Thank you for supporting your local bar association!

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (104) Bone McAllester Norton, PLLC (39) Brewer, Krause, Brooks & Chastain, PLLC (12) Buffaloe & Associates, PLC (4) Burrow Lee, PLLC (3) Butler Snow LLP (58) Cameron Worley, P.C. (3) Cornelius & Collins, LLP (17) Corrections Corporation of America (9) Dobbins, Venick, Kuhn & Byassee, PLLC (4) Dodson Parker Behm & Capparella, P.C. (10) Farris Bobango, PLC (5) FordHarrison LLP (4) Frost Brown Todd LLC (27) Grissim & Hodges (3) Hale & Hale, PLC (4) Hall Booth Smith, P.C. (11) Haynes, Freeman & Bracey, PLC (4) Hollins, Raybin & Weissman, P.C. (6) Holton & Mayberry, P.C. (4) Howard Mobley Hayes & Gontarek, PLLC (8) Law Offices of John Day, P.C. (6) Leader, Bulso & Nolan, PLC (5) Legal Aid Society of Middle Tennessee and the Cumberlands (12) Leitner, Williams, Dooley & Napolitan, PLLC (8) Levine, Orr & Geracioti, PLLC (6) Lewis Thomason (28) Lieff, Cabraser, Heimann & Bernstein (4) Littler Mendelson, P.C. (8) Loeb & Loeb, LLP (5) Martin Heller Potempa & Sheppard, PLLC (6) 22

Nashville Bar Journal • April 2016

May, Hagan & Todd, PLLC (3) McAngus Goudelock & Courie, LLC (7) Mink & Duke, PLLC (3) MTR Family Law, PLLC (3) Nashville Electric Service (4) Neal & Harwell, PLC (31) Nelson Mullins Riley & Scarborough (14) North, Pursell & Ramos, PLC (8) Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (14) Ortale, Kelley, Herbert & Crawford (23) Patterson Intellectual Property Law, PC (20) Prochaska Quinn & Ferraro, P.C. (3) Reid Leitner Law Group, PLLC (3) Reno & Cavanaugh PLLC (5) Riley Warnock & Jacobson, PLC (18) Robinson, Reagan & Young, PLLC (4) Sarah Cannon Research Institute (3) Shackleford, Bowen, McKinley & Norton, LLP (7) Sherrard & Roe, PLC (34) SIMS|FUNK, PLC (3) Smythe & Huff (4) Spicer Rudstrom, PLLC (13) Stites & Harbison, PLLC (30) Taylor, Pigue, Marchetti & Blair PLLC (6) Tennessee Justice Center (4) Trauger & Tuke (5) Watkins & McNeilly, PLLC (11) Waypoint Law PLLC (3) Weatherly, McNally & Dixon, PLC (3) White & Reasor, PLC (6) Wiseman Ashworth Law Group, PLC (7)

NASHVILLE BAR ASSOCIATION Benefits of Membership

The Nashville Bar Association helps build a sense of community and camaraderie among our members and comes with tangible and intangible benefits for your career, profession, and community. Our members come from the public and private sectors, from large multi-state firms to solo practices; they are judges, in-house counsel, law students, paralegals, educators, and everything in between.

HERE ARE A FEW OF THE MANY REASONS TO BELONG TO THE NBA...

• Connect with Your Local Legal Community The NBA provides numerous opportunities to meet and connect with other Nashville-area attorneys. Through networking, social events, continuing education, committee work, and other career and personal development opportunities, we help bring our profession together.

• Learn from the Experts Attend NBA CLEs to hear from law practice leaders who will share their expertise and practical experience. Be educated, enlightened, and even entertained by keynote speakers and other special guests from the legal community—local, regional, and national.

• Expand Your Business and Client Base Build relationships, network, and gain referrals through activities and programs, CLEs, committee work, volunteer projects, or by joining the NBA Lawyer Referral and Information Service at the member rate.

• Be a Leader Set the pace in the legal community by serving on committees, publishing Nashville Bar Journal articles, helping produce or present CLE seminars, joining the Young Lawyers Division, participating on the NBA Board, or working with the Nashville Bar Foundation.

• Be a Better Lawyer Learn from fellow lawyers and judges at NBA events. Enhance your professional development through high-quality CLE programs and committee in-service meetings, and stay informed with insightful and timely articles in the Nashville Bar Journal.

• Sharpen Your Practice Skills with CLE Attend our innovative, and engaging CLE courses featuring local, regional, and national presenters. Our skilled faculty will keep you current on the nuts and bolts of the law, local rules and customs, ethics and professionalism, winning practice strategies, and key practice procedures—all at special NBA member rates.

• Give Back to the Community Serve the public and help improve the image of lawyers by participating in community service projects offered by the Young Lawyers Division and the NBA throughout the year, volunteer for Dial-A-Lawyer—a free call-in service where members provide general legal information to the public, or help with one of the many projects offered through the Minority Opportunities Program.

• Meet New People Don’t just hang out with familiar faces. Use social gatherings, NBA CLE’s, committee work, and Young Lawyer Division events and community projects to build your network of contacts throughout Nashville and surrounding counties.

• Refresh and Renew Yourself Take time out from your daily routine to attend a Bar event or activity—such as the annual Golf Tournament, Free Member Picnic or one of our many Happy Hour gatherings—and catch up with old friends or unwind with new ones.

AND MORE...

• Use the NBA Center—to hosts meetings, arbitrations, depositions, and other events. Members may also use the NBA’s Guest Attorney Office when they need an “office away from the office” with internet and phone access.

• Visit our Online Career Center—where you can post your resume, search job postings, and access the career resources library.

• Receive Announcement Emails—covering timely events, membership news, spotlighted events, and CLE announcements.

• Participate in our Lawyer2Lawyer Mentoring program—a web-based resource designed to connect experienced attorneys with newer attorneys who desire assistance with substantive legal issues or the personal and professional demands of practicing law.

• Use the NBA Attorney Directory—to find names, photos, and contact information for Davidson County lawyers and judges, firm listings, court information, and areas of practice of local attorneys.

Nashville Bar Journal • April 2016

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Disclosure Lisa P. Binder, member at Neal & Harwell, PLC, has been listed as a Family Mediator by meeting the requirements of Tennessee Supreme Court Rule 31. Binder has been with the firm since 2005. In addition to domestic mediations, she focuses her practice on civil and criminal litigation with a concentration in family law, including prenuptial agreements, divorce, and child custody. She is experienced in collaborative divorce law and routinely assists artists through the nuances of division of assets, including royalties, writer’s rights and residuals.

She earned her J.D. from the University of Mississippi Law School in 1980, and holds a B.A. with honors from Tulane University.

She previously served as president of the Family Law Section of the Mississippi Bar and served as a court-appointed mediator.

Binder is a member of the American Bar Association, Tennessee Bar Association, Nashville Bar Association, and Mississippi Bar Association. She is also a member of Trial Lawyers for Public Justice, and previously served on the Board of Jewish Family Services.

J. Gregory Grisham has joined the Nashville and Memphis offices of FordHarrison as Partner.

Grisham has over 25 years of experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States.

He is rated AV Preeminent by Martindale Hubbell and has been selected for inclusion in Mid-South SuperLawyers and in Best Lawyers in America in the area of Labor and Employment Litigation. He has helped employers avoid claims, charges and lawsuits with a focus on preventative practices as well as representing employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation.

Additionally, Girsham's practice includes the defense of property owners and property management companies in federal and state housing discrimination charges 24

Nashville Bar Journal • April 2016

\Dis*clo”sure\ (n) The act of revealing, releasing, or bringing to light relevant information concerning NBA Members and Staff.

Announcements n People on the Move n Firm News

CONGRATULATIONS TO THE NASHVILLE BAR FOUNDATION 2016 CLASS OF FELLOWS! Michael G. Abelow Mary Beth Ausbrooks Laura B. Baker Charles Robert Bone Samuel T. Bowman Paul Kent Bramlett C. David Briley Matthew R. Burnstein Jean Byassee David Cañas James R. Cartiglia Catherine A. Caster Robert F. Chapski Jennifer Gingery Cook Phillip F. Cramer Alexander Davie Ralph DeMarco David N. Garst Lynda Motes Hill Timothy T. Ishii Brendi Kaplan Suzanne Kessler Ryan D. Levy James Mackler Richard Manson Rocky R. McElhaney, II Austin L. McMullen Margaret Moore Valerie Diden Moore Junaid Adetayo Odubeko Lea Carol Owen Jason M. Pannu Michelle Poss Matt Potempa Stephen H. Price Scott A. Rhodes Marissa Moses Russ Peter C. Sales Carolyn W. Schott Blaine H. Smith Eric W. Smith Richard E. Spicer Nancy Wood Stabell Camille Webb Steward Richard F. Warren, Jr. Benjamin Whitehouse Benjamin E. Winters Jessalyn H. Zeigler

and litigation. He also advises Tennessee Public Charter Schools in education law and workplace compliance matters.

Linda Knight and her husband Dick were jointly named as the 2016 Distinguished Alumni of the Year for Cumberland School of Law. The “Distinguished Alumnus/ Alumna of the Year” award is given to a Cumberland graduate who has distinguished herself/himself in the practice of law, to the community, and leadership in the profession. Typically, only one alumnus is selected for this award, but this year for the first time, Cumberland is honoring both Linda and Dick “because there is no question that both of you have exceeded the criteria of this award, and it is certainly fitting.” Dean Strickland will present the awards during Cumberland’s reunion reception on April 8th.

Linda Rose presented on “The ‘Real Book’ on Immigration for Musicians” at SXSW, one of the largest music, film, and technology conventions in the country. Rose is a musician herself; thus, her firm Rose Immigration Law Firm, PLC, focuses on legal services for the music and entertainment industries. n Nashville Bar Association members may send Disclosure announcements to jill.presley@nashvillebar.org.

Submissions are subject to editing.

2016 NBA PREMIER MEMBERS Frank Abernathy Elizabeth Alexander Gail Vaughn Ashworth Heidi Barcus Mark Beveridge Joe P. Binkley, Jr. C. Dewey Branstetter Jr. Kenneth Sherman Byrd Christopher Cardwell Kathryn Caudle Mark P. Chalos John Ray Clemmons Lewis Conner Patricia Cottrell John Day Joy Day Robert Dempsey David Downard Blair Durham John Floyd Keith Frazier Grant Glassford Charles Grant Jay Harbison William Harbison Marian Harrison Trey Harwell Aubrey Harwell Lisa Helton Paul Housch R. Jan Jennings Jordan Keller John Kitch William Koch Irwin Kuhn Ed Lanquist Andrew Laufman Thomas Lawless

Claudia Levy Randal Mashburn Amanda McClendon Rocky McElhaney Robert Mendes Jeffrey Mobley Marlene Moses Patricia Moskal Michael Mossman Mattison Painter David Parsons Gregory Pease Tracy Powell David Raybin Sara Reynolds Maria Salas Kathryn Sasser Carolyn Schott Nathan Shelby Kimberly Silvus Elizabeth Sitgreaves Eric Smith Saul Solomon John Spragens Michael Stewart James Stranch III James Stranch IV Claire Thomas Hon. Aleta Trauger Howard Vogel Michael Wall Elizabeth Washko James Weatherly Peter Weiss Thomas White Thomas Wiseman Stephen Young

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs and Services.

Contact vicki.shoulders@nashvillebar.org for details.

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

Thank you to our March volunteers!

Tom Lawless Michael Smith

To volunteer your time, please contact our LRIS Coordinator at wendy.cozby@nashvillebar.org.

Pro Bono credit does apply and dinner will be provided.

Welcome New NBA Members!

Heidi A. Barcus Caleb L. Barron Alaina Beach Alexandra Don Chandler Farmer Chambre Malone Benjamin William Perry Alyssa Rayne

Rachel Rodriguez Susanna Sells Jennifer Skarda Jordan Sluder Kimberly Stark Lauren Travis Megan Wamsley

Nashville Bar Journal • April 2016

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ADVERTISE YOUR PRODUCTS OR SERVICES HERE! Contact jill.presley@nashvillebar.org for more information.

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The Nashville Real Estate Market is Exploding.

Make sure YOUR listing gets SEEN.

Join the NBA LRIS! WE MARKET & ADVERTISE YOUR SERVICES!

Join the NBA LRIS—the exclusive referral service for the Nashville Bar Association—and your practice will benefit from our unique marketing and advertising programs.

ADVERTISE IN THE NBJ CLASSIFIEDS! Available Categories Positions Available, Expert Witness, For Sale, Positions Wanted, Technical Support Services, Office Space, Litigation Services, Office Sharing, Accounting, Forensic Document Examiner, etc.

Classified Advertising Rates

Line Ads: $85 for the first 50 words and $1.25 for each additional word. Must be received no later than the 15th of the month prior to publication.

Display Ads: $400 for 1/3 page • $325 for 1/4 page • $275 for 1/8 page Visit NashvilleBar.org/NashvilleBarJournal for more information.

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Nashville Bar Journal • April 2016

In addition to our online presence—which attracts clients nationwide—LRIS receives client referrals through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other Bar Associations, and the Social Security Administration. In 2015, member attorneys collected nearly $400,000 in fees generated by referrals from LRIS. For information on joining the NBA LRIS, contact wendy.cozby@nashvillebar.org or visit NashvilleLawyerReferral.org.

The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.

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Elder Law Practice of Timothy L. Takacs

DIAGNOSIS: Elder Care Confusion Do your clients have the symptoms? Exhausted. Uncertain. Unprepared. Terrified.

Exhausted: Frazzled by the competing demands of work, family and caregiving

Uncertain: No time to do the research needed to make good decisions about their loved ones’ future

Unprepared: No plan for the time when they can no longer manage their loved one’s care at home

Terrified: Worried that if long-term care outside the home is needed, the nursing home will take everything their loved one worked a lifetime to earn Elder Law Practice of Timothy L. Takacs has the antidote. It’s called a Life Care Plan.

Loved ones get the care they need.

Family assets are protected. Family caregivers enjoy compassionate support throughout the long-term care journey.

Don’t let your clients struggle alone. Refer them to Elder Law Practice of Timothy L. Takacs. For two decades, improving quality of life for elders and the families who love and care for them has been our primary focus. We can help your clients, too.

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

Life Care Planning Elder Law Estate Planning Care Coordination