Nashville Bar Journal | August/September 2016 by Nashville Bar Association

JOURNAL Journal Journal

AUGUST/SEPTEMBER 2016 | VOLUME 16 | NO. 6

FEATURE

What Have You Done for Me Lately? ALSO

Your NEW NashvilleBar.org That Ray of Blanton Sunshine A Brief Look at the Cybersecurity Reference Model

GIVING BACK IS A GREAT INVESTMENT That’s why we’re proud to sponsor community-minded organizations like the Nashville Bar Association.

From copiers to commercial buildings, our business credit products keep your legal practice moving forward. At First Tennessee, we know that business investments come in all shapes and sizes. That’s why we offer a full suite of business credit solutions to help you move forward no matter how big or small the purchase. Working together, we can find solutions for you today and as your legal practice grows. Herman Hicks Private Client Relationship Manager

511 Union St. • Nashville, TN 37219 (615) 734-6186 • hahicks@ftb.com

JOURNAL 6 Journal Journal AUGUST/SEPTEMBER 2016 | VOLUME 16 | NO. 6

FE ATU R E

What Have You Done for Me Lately? Andrea Perry

DE PA R TM E N TS

From the President

Hear Ye, Hear Ye

Joycelyn Stevenson

Brews for Backpacks Membership Dues 2017 Board Elections Annual Member Picnic Tune Award NBA Happy Hour Directory Photography

CLE Section

Your NEW NashvilleBar.org 11 Jill Presley

Brief Look at the Cybersecurity Reference 25 AModel

Member Benefits 30 100% Club 31 Premier Members 32 Affinity Program 33 Hearsay 34 Classifieds 36

Jordan McQuown & John Sweeney

That Ray of Blanton Sunshine 27 John C. McLemore My Almost Moment in History 29 John C. McLemore CO L UMNS

Member Spotlight Gareth Aden

Nashville Bar Foundation Spotlight 13 Bob Mendes Gadget of the Month 14 Bill Ramsey & Phillip Hampton AUG/SEP 2016 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL JOURNAL FROM THE PRESIDENT | Joycelyn A. Stevenson Improving the Practice of Law Journal Through Education, Service, & Fellowship When I was in law school, I was struck by the varied reaJournal sons why my classmates were motivated to attend law

JOYCELYN A. STEVENSON, Publisher WILLIAM T. RAMSEY, Editor-in-Chief

ramseywt@nealharwell.com

ELEANOR WETZEL, Managing Editor

eleanorwetzel@jis.nashville.org

EDITORIAL COMMITTEE DAVID ANTHONY NOEL BAGWELL KIMBERLY FAYE CALLIE HINSON CAROLINE HUDSON TIM ISHII TRACY KANE EVERETTE PARRISH BART PICKETT MATTHEW PIERCE BILL RAMSEY TAMICA ROSS MIKE SANDLER REBEKAH SHULMAN KRISTIN THOMAS JONATHAN WARDLE VICTORIA WEBB ELEANOR WETZEL DAVID WINTERS NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419. No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal. NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615.242.9272 • NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,500 members—is the largest metropolitan bar association in Tennessee.

school and practice law. For some, law was the family business, others it was a way to fill out their professional journey and resumes, and for many it was an academic challenge that other professions do not share. Despite the many reasons, there was an altruistic core that was central to all of our journeys that still resonates today. In my humble opinion, bar associations all across the country, like the Nashville Bar Association, are the keepers and protectors of that core. I became a member and involved with the NBA early in my career because of service and fellowship. The NBA has a rich and important history of service to this community. I am in awe of the number of members and past presidents who have served such important roles and have been critical to the administration of justice and civil rights in this city, state, and country. We have benefited greatly from their service, which teaches us that we have a responsibility to our community as much as we have to ourselves. I am also mindful that there are many giants in our legal community who were unable to join the NBA but had just as big of an impact on critical legal decisions and served as mentors and advisors to many of our members. We have lost many of these legal pioneers in the last few years, but we will continue to honor their memories by building on the foundation they left behind. The NBA provides numerous opportunities for its members and friends to be involved. Throughout the years, I worked on multiple activities, volunteered for speaking engagements, and eventually was elected to the board. The fellowship component of the NBA’s mission is the one that is the most understated―yet one of the most important. Our happy hours, service projects, annual picnic, and annual meeting provide invaluable networking opportunities that have a profound impact on an attorney’s legal career and leadership. Lives and perspectives can be changed when attorneys―sometimes adversaries―are able to fellowship with one another on a regular basis. If you are reading this article as a member, then you have already taken a step in the right direction by joining the NBA. Our job is to get you engaged in the bar so that you remain a member and, more importantly, encourage others around you to do the same. In case you have not noticed we have a brand new website, a new logo, and a bigger presence on social media―please visit the NBA on Facebook, Twitter, and LinkedIn. We are also engaging in more community service activities, including upcoming projects organized by our Community Relations Committee, our Young Lawyers Division, and the Continuing Legal Education and Diversity Committees. In addition to spreading the word about how great it is to be an NBA member, we encourage you to figure out how you can lend your talents to a committee or project this year. If you are interested in serving on the board, please submit your name for nomination or nominate a colleague so that we continue having informed, diverse, and robust discussions about the future of our bar association. My membership in the NBA played an important role in my growth and development as an attorney and provided the leadership tools for my service as president. Please let us know how we can make your membership more meaningful. Thank you for choosing the NBA. n

NASHVILLE BAR JOURNAL | AUG/SEP 2016

CALENDAR OF EVENTS

August 2016 | Full calendar online at NashvilleBar.org/Calendar. S U N D AY

M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY

S AT U R D AY

Diversity Committee 12:00pm

LAW Meeting | 11:30am

8 Probate Committee 11:30am

3 Historical Committee 11:30am | H. Hardin’s Office

Gov’t Attny Committee w/ Hon. Karl Dean 12:00pm Metro Dept of Law

Retirement Reception for Chancellor McCoy 3:00pm Metro Courthouse

Ethics Committee 12:00pm

Memorial Service Committee | 12:00pm

4 4th Annual Brews for Backpacks | 5:30pm Craft Brewed

16 Solo & Small Firm Committee Cocktail Hour 5:30pm Taco Mamacita

19th Annual Carbolic Smoke Ball | 8:00pm Acme Feed & Seed

17 Circuit & Chancery Committee Meeting | 4:00pm

5 NBF Leadership Forum Meeting | 4:00pm

NBF Trustees | 12:00pm NBA Happy Hour 5:00pm First Tennessee Park

Justice A. A. Birch Statue Dedication 5:00pm

Committee Meetings are held at the NBA Offices unless otherwise noted. FOLLOW US:

Facebook.com/NashvilleBarAssociation LinkedIn.com/Company/Nashville-Bar-Association @NashvilleBar

CAN YOU NAME THESE PEOPLE?

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

JUN/JUL 2016 GOLDEN OLDIES

Frank Drowota correctly identified the individuals in the June/July 2016 Golden Oldies photo. Pictured (left to right) were John Kelly, Senator Joe Haynes, Richard Bird, and Tom Peebles. Congratulations, Frank!

AUG/SEP 2016 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL JOURNAL Journal Journal

2016 NBA BOARD OF DIRECTORS JOYCELYN A. STEVENSON, President

Hear Ye, Hear Ye |

Events of interest

The 4th Annual YLD Brews for Backpacks

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

NBA STAFF 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 Director JAN MARGARET ROGERS, CLE Director VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN 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.

2017 Membership Dues Notice

The NBA membership dues year ends on October 31, 2016. This year, beginning on August 1, you will be able to renew your membership on NashvilleBar.org/JoinRenew. Once logged in, simply click on the Renew button and follow the prompts. Be sure to complete your submission before October 31 so that you may participate in the NBA board elections in November. Review your information closely to ensure that your listing is correct, as this data will be imported into our database for use in the Attorney Directory and all other NBA communications. If you have any questions regarding your dues form or member benefits, please contact Vicki.Shoulders@nashvillebar.org or call 615-242-9272. n

NASHVILLE BAR JOURNAL | AUG/SEP 2016

2017 Board Elections

Members of the Nashville Bar Association will be electing six new Directors to serve on the NBA Board for a four-year term commencing January 1, 2017. The NBA Nominating Committee is meeting soon to discuss potential nominees. If you are an active member of the NBA and are interested in being considered for Board service, please contact the Executive Director of the NBA at Monica.Mackie@nashvillebar.org or 615-242-9272 to submit your name. All names must be submitted for consideration by August 19. The Board elections will take place in November, and all members whose 2017 membership dues are received no later than October 31 will be eligible to vote. n

The 19th Annual Free Member Picnic Co-Sponsored by Metro Law Department

The 19th Annual Nashville Bar Association Member Picnic will be held on Thursday, September 22 from 5:30-8:30pm at the Walk of Fame Park, located centrally downtown between the Country Music Hall of Fame, Downtown Hilton Hotel, and the Schermerhorn Symphony Center. We are pulling out all stops for this family-friendly NBA member picnic held in the heart of downtown Nashville! Enjoy catering by Nashville’s own Jack’s BBQ, an open bar full of local beers and wine, outdoor games including cornhole and ping-pong, door prizes, and live music. For more details and to register, visit NashvilleBar.org/MemberPicnic. We look forward to seeing you there! n

? Tune Award Notice

The Nashville Bar Association is seeking nominations for the John C. Tune Public Service Award to be presented at the Annual Meeting & Banquet on December 8, 2016. This award recognizes the NBA member who has shown the highest degree of dedication to his or her work as an attorney while also making outstanding contributions to the greater Nashville community. Because the John C. Tune Public Service Award is considered the highest award which can be bestowed upon a member, the NBA decided that the award does not have to be given annually, but only when there is a deserving recipient of this award. If you would like to submit a nomination, please provide a detailed letter by email expressing why you believe the nominee is deserving of this prestigious award. Send all nominations to Traci. Hollandsworth@nashvillebar.org. n

NBA Happy Hour | Thirsty Thursday

The next NBA member happy hour is set for Thursday, August 25 from 5:00-7:00pm at First Tennessee Park, home of the Nashville Sounds! The team is away and we will have full access to the park thanks to our Exclusive Sponsor, First Tennessee Bank. RSVP now at NashvilleBar.org/HappyHour. n

2017 Attorney Directory Photography

Is your “current” headshot over three years old? If so, then it’s time for a new one! Photography for the 2017 Attorney Directory is scheduled for the week of September 19 - 23. The sessions will be held at the NBA Offices located at 150 4th Ave N, Ste 1050, Nashville, TN 37219. Please contact RCL Portrait Design at 800-580-5562 or visit GORCL.com to book your personal photography appointment. n AUG/SEP 2016 | NASHVILLE BAR JOURNAL

Feature Story | Andrea Perry

Member Testimonials

he NBA is committed to improving our profession, and I have a professional responsibility to support an organization with that mission. Further, my NBA membership provides me with many benefits including excellent CLE programs at convenient locations and reasonable prices. It also provides opportunities to network with members of our profession whom I otherwise would not see but for NBA’s events, programs, and socials. — Judge Frank Clement

he Nashville Bar Association is my constant connection to local attorneys. It has been invaluable in helping me build relationships with lawyers in practice areas different from my own, and with those whom I would likely not have another reason to know. The NBA meetings, CLE programs, and social events provide unbeatable opportunities to meet and visit with fellow lawyers. These opportunities allow me to maintain not just professional relationships and referral networks with attorneys around middle Tennessee, but also friendships. I enjoy the practice of law immensely more because of my involvement in the Nashville Bar Association. — Jenney Keaty

embership in the Nashville Bar Association has afforded me opportunities for networking, for volunteer and leadership roles in the Young Lawyers Division, and for interacting with colleagues. Through my membership in the NBA, I have forged lasting friendships with fellow attorneys and have developed a support network of seasoned attorneys and mentors. Additionally, NBA membership has provided me with access to high quality CLE programs that have enabled me to stay abreast of current trends and changes in the law that impact my practice. The benefits of an NBA membership are innumerable. — Nicole Paulk

NASHVILLE BAR JOURNAL | AUG/SEP 2016

’m privileged to be a member of several bar associations and grateful for the different opportunities each has brought. What I appreciate most about the NBA and what I think makes it stand out is its unique ability to draw together local lawyers and legal professionals from a variety of backgrounds and interests into one place. There’s value as a criminal defense attorney to be a member of TACDL. There’s value as someone who celebrates diversity to be a member of the Napier-Looby Bar Association. There’s value as a public defender to be a part of Gideon’s Promise. The niche that the NBA fulfills—specifically with my experiences in the Criminal Justice Committee—is the opportunity to fellowship and debate with district attorneys, judges, law clerks and other professionals whose work is affected by or impact my own but who aren’t members of those other organizations. It’s also helpful to get to know what other experts in their fields are doing. I frequently will have a client who is not just facing a criminal charge but is also dealing with immigration, eviction, divorce, child custody, property division, etc. The NBA brings together the broadest spectrum of lawyers who are also well-versed in Nashville’s jurisprudence. Getting to know lawyers from these other practices helps my own and helps my clients. — Daniel Satterfield

What Have You Done for Me Lately? If you polled hundreds of bar associations and asked them to name their most critical resource, you would get an almost unanimous response: members. Without members, a bar association cannot exist. Members are essentially the lifeline of a bar association. This issue of the Nashville Bar Journal is devoted to you, our members. Over the course of a year, you receive a myriad of solicitations from various membership organizations, e.g., local gyms, online giants like Amazon and Netflix, and yes, the Nashville Bar Association (NBA). Prior to investing in any solicitation, the prime question is, “What are the benefits of joining?” As outlined in the testimonials shared by lawyers on page six, people join their local bar association for a number of reasons, including the opportunity to develop relationships with other lawyers, access to valuable information or resources, the chance to interact with judges and other officials, or simply because it is the right thing to do. In 2000, I joined the NBA for all those reasons. For me, it was the logical next step and my firm agreed as evidenced by its financial commitment to have 100% participation of its lawyers in the NBA. Shortly after joining, I learned about the NBA High School Intern Program, and immediately got involved. As a young lawyer, my involvement with the NBA helped me sharpen my leadership skills through my committee service, enhanced my business development skills through networking, and played an instrumental role in increasing diversity in the Nashville legal industry. Above all, I formed lasting friendships with other lawyers that have benefited me personally and professionally. The NBA gave me personal and professional development opportunities that I would not have otherwise had.

As a result of today’s legal job market being very tight and firms and lawyers being more concerned about how their dollars are spent, it is more important than ever that bar associations be able to answer when asked the million dollar question made famous by Janet Jackson in the 80s―what have you done for me lately? In order to answer this question and address the current trends and changes in the legal market, the Membership Committee, along with the NBA Board of Directors, decided to revamp its membership benefits to ensure that a membership in the NBA paid for itself. First, the Membership Committee launched the Affinity Partner Program, which debuts in this issue. The Affinity Partner Program involves local Nashville vendors partnering with the NBA to offer our members valuable discounts at great businesses such as hot, new restaurants like Chauhan Ale & Masala House and Trattorria Il Mulino, retailers like Brooks Brothers and Two Rivers Ford, and service providers like Life Coach Heather Hubbard, among others― with additional partners being added as the program grows. When dining at or visiting one of these Affinity Partners, NBA members can enjoy discounts simply by logging in to NashvilleBar.org/ AffinityProgram on their smartphone and showing the Affinity Program page. Social opportunities through the NBA are better than ever. The Membership Committee recently birthed a new Social Committee tasked with creating unique ways for bar members to interact. The Social Committee has continued hosting frequent Happy Hours, which have been well attended and hugely successful. They have also added events like the NBA Day at the Zoo and Trivia Night to the schedule. (continued on page 8)

AUG/SEP 2016 | NASHVILLE BAR JOURNAL

Feature Story | In order to increase its relevancy, the NBA decided to rebrand. Those efforts can be seen through the new NBA logo, layout of the Nashville Bar Journal, and the more interactive website, NashvilleBar.org. The updated website allows members to access photos from recent events, peruse the Nashville Bar Journal, and register for upcoming CLE seminars. Additionally, as a way to offer more value to members, the NBA is launching “Fundamental Fridays”, a program focused on getting newly licensed attorneys, first year in practice, acclimated to the practice of law by teaching them the practical skills that law school does not teach—such as drafting effective documents, conducting depositions, complying with local rules, and more as noted on the website. The program will be invaluable to firms and government institutions as it will help young lawyers develop their skills, and it will help train the increasing number of young lawyers who hang their own shingle.

What Have You Done for Me Lately? (continued from page 7)

In the upcoming months, the NBA also will offer a comprehensive, handson workshop on how to launch a successful solo practice. This, in addition to our existing resources–from offering a place to meet with clients, conference room space, and discounts on professional liability insurance–will enable solo practitioners to better run their practice. As it comes time to renew your NBA membership, you will notice the Membership Committee instituted an auto-renew option. This option was developed following the feedback we received from a Phone-A-Thon reaching out to members who had yet to renew their membership last year. During these calls, many members shared that they were unaware their membership had expired and had simply forgotten to renew. The NBA auto-renew option relieves the burden on members who intend to continue their membership. These positive results are attributable to the efforts of a great President,

an amazing Executive Director, a dynamic Board of Directors, and a Membership Committee like no other. These initiatives resulted in a 300-plus surge in the NBA’s membership between the months of January and June and enabled the NBA to show its members and potential members what we have done for you lately. n ANDREA PERRY concentrates her practice in the areas of real estate, commercial lending, general corporate, entertainment and tax-exempt organizations. She currently serves on the Board of Directors of the Nashville Bar Association as the Second Vice President as well as the Board of Directors for Rocketown and the Children’s Theatre. Andrea is also a member of the Rotary Club of Nashville. In 2012, she was the recipient of the Athena Young Professional Award. Andrea graduated magna cum laude from the University of Memphis with a Bachelor of Arts. She attained her Juris Doctor from Vanderbilt University Law School, where she served as Co-Founder and Associate Editor for the Vanderbilt Journal of Entertainment Law and Practice.

LAWYER REFERRAL & INFORMATION SERVICE

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. 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 NashvilleBar.org/LRISAttorneyRegistration.

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA 8

NASHVILLE BAR JOURNAL | AUG/SEP 2016

MEMBER SPOTLIGHT

Paparazzo to the NBA | Gareth Aden His face has been ubiquitous at Nashville Bar events for more than 40 years. His camera has witnessed annual banquets, bar picnics, and events—even funerals—for years. This month, the Nashville Bar Journal (NBJ) asked John McLemore to tell us how he created a history in photographs of the Nashville Bar Association (NBA), and what he and the NBA have in mind for the future.

NBJ: John, how did this “Bar Photographer” thing begin? McLemore: Before I became a lawyer, I was a reporter for the now defunct Nashville Banner. From the day I was hired in May 1970, until I left five years later, I covered courts. Even though I was not a photographer by profession, I carried a camera and took candid shots around the courthouse. I still have some of them. Shortly after I graduated from law school in 1974, John Kelley asked me to use my reportorial skills to create and edit an NBA newsletter, The Docket, which began publication in 1975. It was very simple: a legal size sheet folded into three panels. This was the foundation for what has become today’s Nashville Bar Journal. NBJ: As I recall, there were not many photos in The Docket.

McLemore: There were not. We had almost no budget. I splurged in November to publish photos of the nominees for the NBA Board of Directors. I went to the courthouse or to the offices of the nominees and got headshots. It proved helpful and popular. Next, I began taking photos of the new officers at the annual banquet and publishing it in the January issue. NBJ: And then? McLemore: When I started taking my camera to the annual banquet, I could not resist taking candids of anyone who wouldn’t run away. That led to the publication of a collage front and back on a much larger sheet. We called it the “Photoextravaganza” and the bar membership loved it. We would meet at someone’s home with a group of young lawyers. Bill McHugh joined us. He knew all the old lawyers. We would identify every photo we could. Out came the scissors, and assembly began. Jimmy Cheshire skillfully penned in the names. These montages were a big hit for The Docket. They are historical documents now kept at the Metro Archives. NBJ: How long did you serve as Editor for The Docket? McLemore: My run ended in 1983, but by then, I was hooked on bar photography and just kept on taking photographs at all NBA events. I tried to label every photo I could. I had begun to realize that these photos told a history of our Bar. At the end of each year, I would place the pictures—and film negatives—in a plastic page binder and deliver it to the NBA offices for safe keeping.

Half-Page Ad

NBJ: Almost every Nashville lawyer

tells us they recall receiving from your law office photos of themselves taken at bar events…how did this happen? McLemore: Yes! We all know that it is fun to get a shot of yourself, especially when you are having fun with friends… so our law firm decided to make extra prints, place them in a cardboard frame and send them as a gift. It was a marketing tool. It makes me feel good even today to visit an office and see one of our “gift photos” on display. We even acquired a computer program in later years that allowed us to put captions on the face of each photo. I don’t know if it brought us much business, but it generated a lot of “thank yous” and good will. All along I had a dream of having a searchable database of NBA photos. We have all of our photos since 2007 and a few black and white shots from the early years. In fact, many of the “Golden Oldies” photos are from pictures I took when I was editor of The Docket. NBJ: Sounds exciting! Tell us about that. McLemore: Well, I have all of the digital photos I have taken of NBA events on my home computer. I also had captions with them but–incredibly– when my computer crashed two years ago, we lost the caption metadata but not the photos. NBJ: Oh, no! McLemore: Really! But the good news is that I had used the identifying information in the metadata to superimpose the captions on each NBA photo. You can see it and read it. You just can’t copy and paste it. It has been a lot of work to replace the database, but I am (continued on page 12)

AUG/SEP 2016 | NASHVILLE BAR JOURNAL

Editorial |

Jill Presley

Your NEW NashvilleBar.org Have you heard the big news? Probably so, as we officially announced the launch of our newly redesigned website—NashvilleBar.org—last month. However, we wanted to remind you that during the lengthy process, we focused on how to make our website a better and more efficient gateway between our benefits and the membership that we serve (that’s you!). Our new website will make it easier for you—the NBA member—to obtain the products and services that aid your practice. NashvilleBar.org is now loaded with helpful resources delivered in a clean, responsive design. Menu bars along the top and sidebars on every page make it easier find the information you are looking for with ease. Some key features of the website are: Fresh look, intuitive navigation, and mobile-optimization “My NBA” members only landing page Searchable member directory Find an attorney by practice area Secure online invoicing and payment system NBA listservs, both member- and committee-based

One of the most exciting aspects of our new website is the members’ only “My NBA” landing page, which is the key to all of your NBA membership information. From your personalized “My NBA” page, you will be able to securely access: All of your current membership information Live CLEs you have completed and course credit information Outstanding invoices for NBA services Credit card payment information securely stored for future use Your own LRIS Client Referrals/Retained Cases activity (if applicable) To access your “My NBA” page, click the “Log In” button in the top right-hand corner of the home page. You will need to set up a username and password by clicking the “I forgot my username or password” link (even though you haven’t actually set one up yet). This will prompt you through set up. A couple of things to keep in mind as we work through this transition phase: (continued on page 12)

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Editorial |

Your NEW NashvilleBar.org (continued from page 11)

We are unable to populate your “My NBA” page with historical transactions. For information on anything that happened before June 1, 2016, please contact our office. Certain aspects of the website are still being built and fine-tuned. Some of these areas include the interactive listservs for various NBA membership segments, access to magazine archives, and LRIS activity prior to launch of the new site. We hope you enjoy the new and improved look and feel of NashvilleBar. org as much as we do. Thank you for your membership and for supporting the NBA. We look forward to serving you! n JILL PRESLEY, Marketing & Communications Director for the Nashville Bar Association, has over 16 years of collective marketing and communications experience. She specializes in branding, website management, digital and print advertising, creative direction, development of promotional materials, email and content marketing, print publications including the newly rebranded Nashville Bar Journal, along with process improvement, project management, and negotiation in cost-saving.

(continued from page 9)

rebuilding it now. I just finished 2012 and started 2011 a couple of nights ago. I try to work on it every night. NBJ: What are the plans for all of these photos? McLemore: While I was still serving on the NBA Board, we formed a team of three—Monica Mackie, Wade Sims of Patterson Intellectual, and me. We have been working for over a year to find a way to make our photo collection available to the membership and SmugMug was the winner. We have already posted several thousand photos. NBJ: Where can we find these? McLemore: Go to Photos.NashvilleBar. org or visit NashvilleBar.org/PhotoGallery. The photos are searchable alphabetically so it is easy to find any member’s photos. The NBA has decided on a very affordable price scale to order the photos and several sizes are available. In the future, the NBA photo archive will be discovered by regular folks working on their family trees. We will sell some

RESERVE OUR FACILITIES

The Nashville Bar Association offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville. We have a spacious Conference Center and a smaller Board Room—both of which have free Wi-Fi access, phone, and video-conferencing— available for your use. For more information, contact Vicki.Shoulders@nashvillebar.org or visit NashvilleBar.org/ReserveOurFacilities.

NASHVILLE BAR JOURNAL | AUG/SEP 2016

pictures when that happens. NBJ: Who will be the next “bar paparazzo”? McLemore: Wade Sims is covering the Young Lawyers Division now. We need younger lawyers who love photography to join us. Taking pictures is only half the job. A photo is worthless without identifying information. When you put the two together you are building a photo history. I have loved doing it, but I won’t be around forever. I have to believe there are others who will enjoy being a “bar paparazzo” as much as I have. And while we are fishing for volunteers, we need someone to start shooting NBA videos. We have some 8 millimeter home movies of NBA functions from the 1950s, but no videos yet. NBJ: But is the rumor true that the Nashville Bar Association By-Laws state that no official bar event can happen without you and your camera? McLemore: Nope. It says being an NBA member won’t be half as much fun without the photos. NBJ: Thank you for the interview and for your years of photographic history given to the NBA. McLemore: Thank you. Now, smile and look candid! n GARETH ADEN Gareth Aden has a broad range of trial experience developed from over four decades of practice. Gareth has tried multi-week cases in state and federal courts in Tennessee and throughout the Southeast. He has successfully represented clients from a broad range of industries, including railroad and transportation, insurance, real estate and construction, among many others.

SPOTLIGHT

25 Years of Foundation Fellows | Bob Mendes

There has been a thread of introspection running through my summer as I turn 50 this year. It has been 25 years since I graduated from law school in 1991, which is the same year the Nashville Bar Foundation Fellows was created. My feelings about the Fellows program are the same as for my career―25 years is a long time, but it is just getting going. The Fellows program started with high ideals. The program was established when the venerable Charlie Warfield was president of the Nashville Bar Association and Judge Cliff Knowles was president of the Nashville Bar Foundation. From the beginning, there were two goals. The first goal was to publicly honor lawyers who have distinguished themselves both in their law practices and their service to Nashville. The second goal was to support the Foundation’s work through the Fellows’ financial contributions. The Fellows program gives life to the Foundation’s mission, which is to support programs that promote respect for the law, to preserve the honor and integrity of the legal profession, to foster collegiality, and to improve the administration of justice in Nashville. The programs the Fellows have supported over the years are too many to mention. Most recently, the Fellows created

the Foundation’s Leadership Forum―a local leadership program designed to help lawyers with three to eight years of experience realize their full potential as leaders in our community. The inaugural class of Fellows was impressive, and it is unabashedly amazing 25 years later. The group’s accomplishments are too numerous to catalog, but it is safe to say that the 1991 class of Fellows shaped our city and our bar from the 1950s through today. All these years later, the Foundation now has 744 Fellows. We are at our best when we apply our skills, education, experience, and judgment for the greater good. In a participatory democracy built on the rule of law, lawyers are obligated to lead, solve, and be the voice of fairness and equity in society. I urge you to honor what the Fellows have accomplished and what they will continue to accomplish in the years to come. Be inspired to add to the Fellows’ legacy. The members of the 1991 inaugural class of Foundation Fellows is listed below. When you see them, please thank them for laying the groundwork for the continued success of our Nashville Bar Foundation. Lew Conner Half-Page Ad Cissy Daughtrey Maclin Davis Frank Drowota Doug Fisher Harris Gilbert Juliet Griffin Jonathan Harwell Doug Henry Cliff Knowles Rose Palermo

Jack Robinson, Sr. Woody Sims Don Smith Aleta Trauger Charlie Warfield Ed Yarbrough Deceased James Vance Berry Cecil Branstetter Charles Cornelius William Dearborn Frank Ferris Frank Gorrell William Harbison Ruth Kinnard William M. Leech, Jr. Jack Norman, Sr. William Ortale David Rutherford Val Sanford Rebecca Thomas William Waller, Jr. Avon Williams William R. Willis, Jr. A complete list of Fellows from 1991 may be found on NashvilleBar.org/ Fellows. n BOB MENDES practices business law at Waypoint Law, PLLC. He was president of the NBA in 2011 and president of the NBF from 2012 to 2014. Bob used David Rutherford’s Bench and Bar, II as a resource in writing this article, and highly recommends Rutherford’s book as the best source for the history of our bar. You may order a hardcover copy at NashvilleBar. org/BenchAndBar. Follow Bob on Twitter @ mendesbob.

AUG/SEP 2016 | NASHVILLE BAR JOURNAL 13

Bill & Phil’s Gadget of the Month | Bill Ramsey & Phillip Hampton

Bluesmart Luggage It is no secret that we like all things classified as “smart” technology. From smartwatches and socks to smart light bulbs and coffee makers, we have it all just about covered. Most of us can agree that the one area we could use some extra “smartness” is during travel. You know how it is. Long security lines, delayed flights, no power outlets for our drained devices, and no comfort for our aching feet. Travel can be a real pain. So when we heard about a new line of smart luggage, we were all ears. The Bluesmart company developed a suitcase with some embedded technology that we found incredibly intriguing. So much in fact that we purchased their debut suitcase dubbed “Bluesmart One”. We are told that Bluesmart One was featured on the popular television show “Shark Tank”; however, we did not see it there first. We blindly ordered the suitcase based on an advertisement we picked up at a tech show. When our Bluesmart One first arrived, we thought we had been scammed as it was dead on arrival. There was zero battery life in the suitcase and when we plugged it in to charge, absolutely nothing happened. To their credit, the customer service folks helped us through some troubleshooting measures, and when all else failed, they shipped us a brand new replacement suitcase. Bluesmart One II turned out to be a winner. First of all, the suitcase is small enough to fit in most overhead luggage bins. It has a hard-shell exterior, which we are told is water resistant but have not tested...yet. There is an easily-accessible front compartment for 14

electronics or files. It has hubless wheels that turn in all directions, making it very easy to roll this case across the parking lot or the airport terminal. Although not quite as roomy as we had hoped, this is a handsome little case. Aesthetics aside though, we had to investigate what made this suitcase so smart, and we were quick to find out. First, Bluesmart has a companion app that syncs with the case and controls all of the embedded technology. We downloaded the app on our smart phone and watched it do its tricks. We discovered that we can pull up the location of the suitcase via the GPS tracker function in the app. So when we land in Nashville and our suitcase is on a plane headed for Chicago, we do not have to wait for the airline folks to track it down. Rather, we can tell them ourselves how they screwed up and where to find our luggage. Another useful feature is the ability to lock the suitcase via the app. The instructions indicate that this lock is “TSA compliant,” and we have had no security incidents so far. A further safeguard for protecting your luggage is the autolock feature. If this feature is turned on, the suitcase automatically locks when it gets out of Bluetooth range from your phone and automatically unlocks when you get within range. Very convenient. The app also allows you to determine the weight of the suitcase. We, however, found this feature not terribly useful for the Bluesmart One because of its small size―it is so small it is unlikely that you will be carrying anything that will be over the weight limit for the airlines.

NASHVILLE BAR JOURNAL | AUG/SEP 2016

Nonetheless, we would love to have this feature on some of our larger, non-smart suitcases. Perhaps future Bluesmart products will be larger in size. Another cool feature is the ability to turn on a small LED light on the suitcase via the app. We like to see heads turn in the baggage claim area when our suitcase comes out of the chute with a blue light glowing. Probably one of the most useful features is the ability to charge other electronic devices directly from the suitcase. There is a USB port on the outside of the case and one inside the outer storage pouch. One of our pet peeves is to be on the last leg of a flight late in the day in some far flung airport with no juice left in our phone. Inevitably, the “early birds” have commandeered all the electrical outlets in the waiting area, leaving us to burn as the last bit of battery drains from our phone. No more. We can simply plug our phone or tablet directly into the suitcase via a USB cable. Voilà! We have our own portable power supply. After using the Bluesmart One for several months, we really do like it. As we mentioned, we wish it was a little roomier on the inside. As it is, however, it is perfect for short, overnight trips that do not require a lot of packing. It is a little pricey at $449, but we realize that sometimes you have to pay for smartness. If Bluesmart comes out with a larger smart suitcase in the future, we will probably get that too―provided it does not break the bank. n Until next time, Bill & Phil

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration visit NashvilleBar.org/CLE. T HURS DAY, AUGUST 11 , 2 0 1 6 | LIVE S E M I N A R

WHAT THE FAA’S NEW DRONE RULE MEANS FOR YOUR CLIENTS OVERVIEW

M ON D AY S , A U G U S T 22 & 29 , 2 0 1 6 TWO FR E E C LE C R E D IT S

THE C.A.R.E. PROGRAM OVERVIEW

Seminar w/ lunch. . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

The C.A.R.E. Program (Connecting Attendance to Results in Education) is a community-based truancy intervention program created by Metro Nashville Public Schools, Metro Student Attendance Center, and Advocates for Women’s and Kids’ Equality. This program will train attorneys about our state’s truancy laws, the truancy adjudication process, the structure of The C.A.R.E. Program, and the boundaries of the attorney-client (student) relationship. Volunteer attorneys must attend an initial training in order to represent a student this fall. Following the training, attorneys will serve as pro bono legal counsel and positive role models for the duration of Juvenile Court Supervision related to the child’s truancy. One case will last approximately 15-20 hours over the course of a few months. Attorneys will advocate for the best interest of the child and assist the family in identifying resources that will improve attendance. In addition to gaining valuable courtroom experience in a non-adversarial setting, volunteer attorneys will help reduce truancy in our community one student at a time.

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

PRESENTERS

Find out what the dramatically new FAA regulations governing the commercial use of drones mean for your clients! Learn: • What is needed to operate a commercial drone. • The distinction between hobby and commercial use. • The risks associated with unlawful operation. • The business opportunities associated with drone use. • The interaction of state and federal laws in regard to drones. PRESENTER James E. Mackler, Frost Brown Todd, LLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after August 9, add a $10 late fee.

Rachel Darby, Bureau of TennCare Sara Beth Meyers, Assistant Attorney General Honorable Jennifer Wade, Magistrate and Director, Metro Student Attendance Center D E TA I L S Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30am – 10:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General | 1.0 Dual Location:. . . . . . . . . . . . . . . Metro Student Attendance Center 945 Doctor Richard G. Adams Dr Nashville, TN 37207 Free for NBA-members and non-members. Coffee and donuts included. AUG/SEP 2016 | NashvilleBar.org/CLE

F R I DAY, AUGU ST 2 6 , 2 0 1 6 | LIVE SEMI N A R

THURSDAY, SEPTEMBER 15, 2016 | LIVE SEMINAR

STATE GOVERNMENT PRACTICE

SUPREME COURT REVIEW 2016: CURRENT ISSUES AND CASES UPDATE

OVERVIEW The NBA has been the state government CLE provider for over 20 years, offering cutting edge programming that fits your needs. This year’s seminar includes a variety of relevant government topics: • Recent Developments in Regulatory Taking Law • State Procurement • General Government Real Estate Procurement and Dispositions • Legal Overview of Tennessee’s Department of Treasury • New Developments and Best Practices in Rulemaking • The Ridley Report I PRESENTERS Christy Allen, Assistant Treasurer for Legal, Compliance and Audit, Department of Treasury Wayne Gregory, Rulemaking Coordinator, TN Department of Environment and Conservation Jenny Howard, General Counsel, TN Department of Environment and Conservation Paul D. Krivacka, General Counsel & Director of Compliance, Central Procurement Office James Murphy, Attorney at Law, Bradley Taylor Passons, Attorney, State of TN Real Estate Asset Management Kelley Pruett, Attorney, State of TN Real Estate Asset Management Nathan Ridley, Attorney at Law, Bradley Emily Urban, Attorney, TN Department of Environment and Conservation D E TA I L S

Co-sponsored with the NBA Federal Court Committee OVERVIEW Join Vanderbilt Law Professors Suzanna Sherry and Brian Fitzpatrick as they review the Supreme Court’s latest term and the impact of the Court’s vacancy resulting from the Honorable Justice Scalia’s passing. PRESENTERS Brian T. Fitzpatrick, Professor of Law, Vanderbilt Law School Suzanna Sherry, Herman O. Loewenstein Chair in Law, Vanderbilt Law School D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00am – 12:10pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General Location:. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189 For registration after September 13, add a $10 late fee.

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00am – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0 General Location:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AT&T Building 333 Commerce St, 1st Floor Auditorium, Nashville, TN 37201 COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $275 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $549 For registration after August 24, add a $10 late fee. To view special rate for government attorneys, visit NashvilleBar.org/CLE. NashvilleBar.org/CLE | AUG/SEP 2016

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TUESDAY, SEPTEMBER 20, 2016 | LIVE SEMINAR

FRIDAY, SEPTEMBER 23, 2016 | LIVE SEMINAR

WHAT BUSINESS LAWYERS NEED TO KNOW ABOUT CORPORATE IMMIGRATION

HOW CAN CELL PHONE DATA WIN YOUR NEXT CASE?

OVERVIEW Business immigration frequently crosses over into corporate law and employment law. Legal counsel should be aware of the benefits and pitfalls associated with the corporate sponsorship of foreign national employees. Increased federal fines, effective August 1, 2016, make compliance an essential part of the business and employment lawyer’s knowledge base. Learn: • An understanding of the nuts and bolts of corporate work visas. • The latest overview on I-9 compliance, including the new federal fine levels. • How to assess company exposure related to termination of a foreign national employee. PRESENTER Dan White, The Immigration Group, PC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am Seminar w/ lunch. . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location:. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after September 16, add a $10 late fee.

OVERVIEW Find out how cell phone data can win your next case: • Learn what phone encryption is, what it does, and how it works. • Form an educated opinion on the role of technology companies, encryption, and federal law enforcement on the national security stage. • Gain insight into how encryption and investigation technology will affect civil and criminal legal practice as well as the development of technology. • Gain an understanding of current technology trends in the society. • Understand issues faced by investigators with regards to cloud based evidence. • Be better equipped to guide new technological evidence through the legal system. The morning session covers “Apple v. FBI: The Legal Dispute over Phone Encryption.” The afternoon session is “Leveraging Social Media and Cloud Data to Accelerate Investigations.” PRESENTERS Jim KempVanEe, LogicForce Consulting Richard Littlehale, TBI Criminal Investigation Division Bill Ramsey, Neal & Harwell, PLC Ben Raybin, Raybin & Weissman, PC David Raybin, Raybin & Weissman, PC Wade Sims, Patterson Intellectual Property Law D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00am – 2:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General Location:. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389 For registration after September 21, add a $10 late fee. Complimentary lunch included! AUG/SEP 2016 | NashvilleBar.org/CLE

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T H URS DAY, OCTOBER 6 , 2 0 1 6 | LIVE SEM I N A R

TUESDAY, OCTOBER 18, 2016 | LIVE SEMINAR

ESTATE PLANNING & PROBATE INSTITUTE

FAMILY LAW INSTITUTE

OVERVIEW At the annual Estate Planning and Probate Institute, stay up-todate on recent Tennessee legislative and case law developments, learn essential tools every estate planner and probate attorney needs to keep in mind when dealing with Powers of Attorney, and hear tips from the bench – Davidson, Sumner, Rutherford and Williamson counties. Highlights include: • Recent Tennessee Legislative and Case Law Developments • “SUPER” Powers of Attorney: The Battle of Good vs. Evil • Special Needs Trusts and Related Considerations • View from the Bench and Bar PRESENTERS Hon. Elaine Beeler, Clerk & Master, Williamson County Jaclyn K. Berry, Vice President and Senior Trust Officer, Cumberland Trust Hon. Toby Gilley, Probate Court Judge, Rutherford County Paul A. Gontarek, Howard Mobley Hayes & Gontarek, PLLC Will Harrison,Greater Nashville Regional Council, State Health Insurance Program Coordinator Andra Hedrick, Gullett, Sanford, Robinson & Martin, PLLC Hon. Randy Kennedy, Circuit Court Judge, Davidson County Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC Hon. Louis W. Oliver, III, Chancellor, Sumner County Blaine Smith, Bass Berry & Sims PLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am

OVERVIEW Highlights include: • Significant Family Law Cases and Statutes • The Use of Vocational Analysis in Assessing Child Support and Alimony • Perspectives from the Judges PRESENTERS Hon. Mike Binkley, Circuit and Chancery Court Judge, 21st Judicial District Gregory D. Smith, Stites & Harbison, PLLC Hon. Philip Smith, Circuit Court Judge, 20th Judicial District David R. Strauser, Professor, Department of Kinesiology and Community Health and Department of Special Education, University of Illinois at Urbana-Champaign D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 4:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General Location:. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389 For registration after October 14, add a $10 late fee.

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 4:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General Location:. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389 For registration after October 4, add a $10 late fee.

NashvilleBar.org/CLE | AUG/SEP 2016

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THURSDAY, OCTOBER 27, 2016 | LIVE SEMINAR

THURSDAY, NOVEMBER 10, 2016 | LIVE SEMINAR

EMPLOYMENT LAW INSTITUTE

BLANTON!

OVERVIEW

• EEOC’s Select Task Force on the Study of Harassment in the Workplace • In-house perspectives on employment law • Gender identity discrimination, including employers’ obligations related to bathrooms

Forty years ago, Tennessee Governor Ray Blanton and scandals in our state government were a national news sideshow. This program will focus on those legal issues and those lawyers relating to this important part of Tennessee history. The issues range from an investigation over the sale of surplus property to the granting of pardons and paroles for profit and the sale of liquor licenses. These issues and others led to an early swearing in of a governor and a crisis in Tennessee government.

Highlights include:

PRESENTERS Allison Bussell, Klein Bussell, PLLC Ashley Gillard, Permobil, Inc. Kevin Klein, Klein Bussell, PLLC Mark Stamelos, Ford & Harrison, LLP D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am Seminar w/ lunch. . . . . . . . . . . . . . . . . . . . . . . 12:00 – 4:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General Location:. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

PLANNING COMMITTEE Hon. Joe Brown, Magistrate, U.S. District Court Honorable Ben Cantrell, Retired Bill Cohen, Vanderbilt Law School Frank Grace, Retired Hal Hardin, Hal Hardin Law Office Hon. William C. Koch, Jr., Dean, Nashville School of Law Edward D. Lanquist, Jr., Patterson Intellectual Property Law Bob Lynch, Jr., Bob Lynch Law Monica Mackie, Nashville Bar Association John C. McLemore, Law Office of John C. McLemore, PLLC Dianne Neal, Nashville School of Law E. Scott Neely, State of Tennessee David Raybin, Raybin & Weissman, PC Emily A. Shouse, Patterson Intellectual Property Law Hon. Aleta A. Trauger, Judge, U.S. District Court Ed Yarbrough, Bone McAllester Norton, PLLC

For registration after October 25, add a $10 late fee. D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location:. . . . . . . . . . . . . Nashville Public Library, Main Library 615 Church St, Nashville, TN 37219 COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE You must register at NashvilleBar.org/Blanton to attend!

AUG/SEP 2016 | NashvilleBar.org/CLE

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THE #1 CONFERENCE FOR GROWTH-ORIENTED LAW FIRMS OCTOBER 13, NASHVILLE MUSIC CITY CENTER

ACQUIRE GREAT CLIENTS. GROW WALLET-SHARE. PROTECT YOUR BRAND.

EARN 5 CLE CREDITS IN ONE DAY. Most lawyers probably don’t see technology as the key to new growth. But we do. Why? Technology is now a key component of nearly every legal action. Yet think about it. How many technology classes did you take in law school? The good news is that you are not alone. Most GC’s also don’t know enough about technology to feel entirely comfortable navigating those waters. This means you have a big opportunity - if you take advantage of it.

Keynote Address By:

Hon. Shira A. Scheindlin

That’s why you need NASHTECH. Co-sponsored by the Nashville Bar Association. Visit our website to learn more and to register today.

SPONSORS

NASHTECHCONFERENCE.COM ,,,

UPCOMING LIVE SEMINARS

P LI LI V E WE B C A S TS

Nashtech Legal Technology Symposium Thursday, October 13 (see opposite page for details)

Annual Federal Court Seminar Advanced Federal Courts Thursday, November 3

Directed Trust Laws Monday, November 7

Business Law Institute Monday, November 14

Annual Ethics, Lies, and Videotape, Part XIV Friday, November 18

Elder Law Basics How to Help Clients who are Seniors or Have a Family Member with Special Needs Tuesday, November 22

Annual Entertainment Law Seminar Friday, December 2

Negotiations

Monday, December 5

The Use of Depositions at Trial Wednesday, December 7

A Comedy of Ethics Friday, December 9

Ethics and Professionalism in Government Practice Thursday, December 15

PLI and the NBA provide sophisticated programs to Tennessee attorneys through live webcasts held at the NBA Conference Center. Attendees will earn live CLE credit. Registration is free for PLI’s Privileged members. Visit NashvilleBar.org/CLE for course details and to register. Nuts and Bolts of Electronic Discovery Thursday, September 8, 8:00 – 11:30am

3.0 General

Complimentary breakfast included.

Hot Issues in Executive Compensation Friday, September 16, 8:00am – 4:45pm 6.2 General | 1.0 Dual Complimentary breakfast included.

33rd Annual Section 1983 Civil Rights Litigation Thursday, September 29, 8:00am – 4:00pm 6.2 General Complimentary breakfast included.

White Collar Crime: Prosecutors and Regulators Speak Friday, September 30, 8:00am – 4:00pm 5.0 General | 1.0 Dual Complimentary breakfast included.

Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media Thursday, October 20, 8:00am – 4:15pm 6.5 General Complimentary breakfast included.

Fundamentals of Swaps & Other Derivatives Monday, October 24, 8:00am – 4:00pm

6.0 General

Complimentary breakfast included.

Life Sciences: Navigating Legal Challenges in the Drug and Device Industries Wednesday, November 2, 8:00am – 4:00pm 6.0 General Complimentary breakfast included.

Developments in Pharmaceutical and Biotech Patent Law Wednesday, November 9, 8:00am – 4:00pm 5.0 General | 1.0 Dual Complimentary breakfast included.

AUG/SEP 2016 | NashvilleBar.org/CLE

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W E BI NARS | F EATURING SEAN CARTER , E S Q. The Nashville Bar Association partners with Mesa CLE to bring you CLE Netshows—entertaining and content-filled ethics and professionalism webinars. Register at NashvilleBar.org/CLE.

N B A TE LE S E M I N A R S N at i onal Facul t y & R el evant To p ic s 12:00 – 1:00pm For registration, visit NashvilleBar.WebCredenza.com. AUGUST

Legal Ethics is No Laughing Matter August 16, 12:00 – 1:00pm

1.0 Dual

Lies, Damn Lies & Legal Marketing August 23, 12:00 – 1:00pm

1.0 Dual

Yelp, I’ve Fallen for Social Media and I Can’t Get LinkedOut: The Ethical Pitfalls of Social Media August 30, 12:00 – 1:00pm 1.0 Dual Staying Within the Lines: Avoiding Ethical Penalties & Infractions September 12, 12:00 – 1:00pm

1.0 Dual

Don’t Try This At Home: Why You Should Never Emulate TV Lawyers September 20, 12:00 – 1:00pm

1.0 Dual

The Passion of a Barrister: An Ethical Lawyer is a Happy Lawyer September 26, 12:00 – 1:00pm

1.0 Dual

NBA ONLINE SEMINARS P erso n l i zed Le a r ning on Your Sc he d ul e

is the exclusive online support network for the NBA.

Nobody Told Me There’d Be Days Like These!

Stress, Pressure and Ethical Decision-Making in the Practice of Law This highly interactive program provides a fresh, practical perspective on the fundamental question, “Why do ‘good’ lawyers ‘go bad’?” A brand new short film, this CLE concerns the intersection of ethical decision-making and the day-to-day stress encountered by attorneys. (2.0 Dual)

Aug 11 | Overtime, Exempt and Non-Exempt: 2016 Wage and Hour Update, Part 1 Aug 12 | Overtime, Exempt and Non-Exempt: 2016 Wage and Hour Update, Part 2 Aug 16 | Real Estate Finance, Part 1 Aug 17 | Real Estate Finance, Part 2 Aug 18 | Estate Planning for Portability Aug 19 | Choice of Entity for Nonprofits & Obtaining Tax Exempt Status Aug 22 | Estate and Trust Planning for Short Life Expectancies Aug 23 | Drafting Employment Separation Agreements Aug 24 | Sales of Family Businesses: An Interdisciplinary Approach, Part 1 Aug 25 | Sales of Family Businesses: An Interdisciplinary Approach, Part 2 | Aug 26 Ethics and Establishing and Ending an Attorney-Client Relationship (Dual) Aug 30 | Guarantees in Real Estate Transactions

SEPTEMBER Sep 1 | BYOD (Bring Your Own Device to Work) & Social Media Employment Law Issues in the Workplace | Sep 2 Governance for Nonprofits Sep 7 | Selling an LLC Interest - Including Unexpected Tax Consequences Sep 8 | 2016 Nonprofit Law/Exempt Organizations Update Sep 9 | 2015 Fiduciary Litigation Update Sep 13 | Opinion Letters in Real Estate Sep 14 | Management and Voting Agreements in Businesses Sep 15 | Liquidated Damages in Contracts Sep 16 | The Ethics of Creating Attorney-Client Relationships in the Electronic Age (Dual) Sep 20 | Estate Planning for Firearms Sep 21 | Choice of Entity for Service Businesses Sep 22 | Structuring an Equity Investment in Real Estate Sep 23 | Ethics and Keeping Secrets or Telling Tales in Joint Representations (Dual) Sep 26 | Drafting Promissory Notes to Enhance Enforceability Sep 27 | Understanding and Drafting Ground Leases, Part 1 Sep 28 | Understanding and Drafting Ground Leases, Part 2 Sep 29 | Estate Planning for Liquidity

NashvilleBar.org/CLE | AUG/SEP 2016

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GET A CLE EASY PASS & GO! 3 EASY PASSES TO CHOOSE FROM:

8-HOUR CLE PASS

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$265 (2 free CLE hours = $95 savings)

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AUG/SEP 2016 | NashvilleBar.org/CLE

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Editorial |

Jordan McQuown & John Sweeney

A Brief Look at the Cybersecurity Reference Model A Security-Based Approach to the EDRM The EDRM (eDiscovery reference model) is one of the most popular conceptual eDiscovery models that legal and technology firms use to make the eDiscovery process as efficient and error-free as possible. It refers to nine stages that are vital to the discovery process: (1) information governance, (2) identification, (3) preservation, (4) collection, (5) processing, (6) review, (7) analysis, (8) production, and (9) presentation. These stages are divided by professional skill sets and largely organized to help legal firms have an easier time calculating the overall needs and costs of a project. Originally created by the EDRM organization and fostered by George Socha and Tom Gelbmann, the EDRM has been useful for law firms and technology groups for years. These days, however, there is one angle in the legal profession that needs to be given preference: cybersecurity. As the legal technology industry moves toward a reality which must take cybersecurity concerns into consideration and embraces commoditization, new skill sets, and new technology knowledge bases, the need for a new reference model that prioritizes cybersecurity concerns arises. That brings us to the TRU Cybersecurity Reference Model, also referred to as the CSRM. The CSRM was created by an

award-winning legal recruiting firm called TRU Staffing Partners with the intention of creating a practical, modern technology model that focuses on security needs through the lens of professional skill sets. Essentially acting as a skills-based guide to the functions and job responsibilities most needed in the legal technology industry in regards to security, the CSRM helps clarify what skills are required and serves to reference which stages are in high demand. There are six primary stages in TRUâ&#x20AC;&#x2122;s CSRM: 1. Technology Inventory An organization must first perform an audit of their current technology. This includes networks, hardware and software, mobility potential, application development, and contingency plans. Useful skill sets/certifications: Network engineering, disaster recovery, business continuity. GIAC Systems and Network Auditor (GSNA) and GIAC Critical Controls Certification (GCCC). 2. Assess A company must evaluate its current digital security configuration and adjust any policies as needed to fit the project (continued on page 26)

AUG/SEP 2016 | NASHVILLE BAR JOURNAL 25

Editorial |

A Brief Look at the Cybersecurity Reference Model (continued from page 25)

adequately. Internal and external protections including online, mobile, and even any potential insider threats must all be considered. Useful skill sets/certifications: Digital security/cybersecurity, information governance. Certified Information Systems Security Professional (CISSP), Certified Ethical Hacker (CEH) and GIAC Penetration Tester (GPEN) certifications as well as system auditing certifications like the Certified Information Systems Auditor (CISA) certification. 3. Compliance and Governance Organizations are required in this stage to ensure all involved parties comply and adhere to the same digital standards. Useful skill sets/certifications: Information governance. Certified Security Compliance Specialist (CSCS), Certified HIPAA Administrator (CHA), Certified HIPAA Professional (CHP), Check Point Certified Security Administrator (CCSA), and Certified Information Privacy Professional (CIPP) certifications.

4. Security Architecture and Systems This stage includes the development, evaluation, and implementation of all current and emerging security technologies including SIEM, identity management, persistent threat analysis tools, threat visualization tools, and firewalls. Both security-by-design and privacy-by-design concepts may be utilized. Useful skill sets/certifications: Digital security/cybersecurity. The Certified Information Systems Security Professional (CISSP)13 certification is the most prominent here, followed by the CESG Certified Professional (CCP) and CompTIA Advanced Security Practitioner (CASP) certifications. 5. Monitor A business must have the ability to monitor for and evaluate security threats quickly and efficiently. Centralized security operations centers (SOCs) are ideal for this task and can be set up either internally or outsourced to a managed provider.

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Useful skill sets/certifications: Digital security/cybersecurity, managed security. The GIAC Continuous Monitoring Certification (GMON) is recommended for this stage, but many application-specific certifications are also appropriate. 6. Respond If a security threat is identified during any process, it must be properly isolated and eliminated. Any damage and data loss must be assessed and restored if possible. Useful skill sets/certifications: Cybersecurity, digital forensics, reverse malware engineering, incident response, disaster recovery. Forensic certifications including the GIAC Certified Forensic Examiner (GCFE) and GIAC Certified Forensic Analyst (GCFA) are useful as well as incident response certifications like the GIAC Certified Incident Handler (GCIH). Malware engineering certifications such as the GIAC Reverse Engineering Malware (GREM) and Certified Malware Reverse Engineer (CCMRE) are also useful. Both the CSRM and EDRM models naturally share a few similarities. The information governance stages and respond stages contain the most overlap. Both models make heavy use of digital forensics, utilizing the same tools and collection methodologies. Organizations wishing to adopt the CSRM should focus on the areas where the models differentiate and encourage team members to familiarize themselves with the latest cybersecurity practices and challenges in order to improve the discovery team’s approach to digital security. n JORDAN MCQUOWN, CISSP and JOHN SWEENEY are partners at LogicForce Consulting, LogicForce.com.

Editorial |

John C. McLemore

That Ray of Blanton Sunshine Forty years ago, the scandals of former Tennessee Governor Ray Blanton in our state government were a national news sideshow. The sale of liquor licenses to patrons and pardons to inmates who could raise the cash were the dominant stories in every newspaper and broadcast media from the mountains to the Mississippi. As the administration of Governor Blanton began to disintegrate in the fall of 1978, everyone waited for what was then called “the next news cycle” to find out what more could possibly go wrong. Those who remember this interesting time in our state’s history are quick to recount Governor Blanton being forced out of office and Governor Lamar Alexander being sworn in three days early. Many believed it was essential to invest the new governor on January 17, 1979, rather than the scheduled inauguration day, January 20, because three more days would result in the release of scores of state prisoners who had paid for their pardons. The United States Attorney believed it, as did high-ranking state officials, both elected and appointed. But, there was a great deal more to the story. In order to tell it, on November 10, 2016, the Nashville Bar Association is going to turn back the clock in the auditorium of the

Downtown Public Library to election day 1974, when the parody of Dottie West’s country music classic County Sunshine was blaring from radios, televisions, and sound trucks across the state: He’s the Democrat for our future, our man for the governor’s chair; Young or old, black or white, he listens because he cares. His record speaks out loudly, for years he’s served us proudly. We need a Ray of Blanton Sunshine! The November 10 program, entitled Blanton!, will serve as the 2016 installment of the NBA’s continuing legal education programs on the history of our bar. Admission is free to NBA members. Tickets will be distributed on a first come, first served basis. As inauguration day 1975 approached, there was a group of lawyers—most of whom were practicing in Nashville—whose lives would be impacted by the events of the coming four years. The State of Tennessee would likewise be impacted by the actions of those lawyers. Some would investigate and prosecute and some would hold our state together as the government spun out of control, while others would defend those who were accused. (continued on page 28)

AUG/SEP 2016 | NASHVILLE BAR JOURNAL 27

Editorial |

That Ray of Blanton Sunshine (continued from page 27)

Many of those lawyers are still alive and will participate in the program. A primary objective will be to present the overlapping storylines so the various imbroglios can be unraveled in the context of time, the schemes, those involved and how they related to the Governor Blanton’s administration. During the Blanton years, there were many events in our state government, any one of which would have marked an administration’s place in history. Some of the issues on Governor Blanton’s plate included: An investigation resulting in indictments for the disposal of state surplus property, primarily automobiles, to patrons for less than adequate consideration. The corruption of the Alcoholic Beverage Commission, which awarded friends of the administration liquor store licenses and granted transfers of existing licenses to new more profitable locations. The granting of pardons to prison inmates, at first as political patronage and ultimately for profit. The Justice Department sent a special prosecutor to Nashville with the assignment of cleaning up bid rigging on state and interstate highways—something that had become a way of life in Tennessee road building. Although bid rigging preceded the Blanton administration by decades, the Blanton family had its own construction company, B&B, headquartered in Adamsville. As the dust settled on everything else, Governor Blanton’s brother Gene would be convicted of bid rigging and income tax evasion. In the midst of this was the 1977 Constitutional Convention, which played out without the first suggestion of impro28

priety or scandal. It is interesting to note that, as a result of the Convention, consecutive four-year gubernatorial terms were approved. The Governor would be allowed to succeed himself in office. The 10% cap on lending in Tennessee was dropped as was the Constitutional office entitled “County Ranger.” If Farmer Brown’s livestock strayed from his farm, roundup and return became a problem for the sheriff. As a result of the Convention, Governor Blanton could have run for re-election in 1978. There were scores of reasons he did not. The program is designed not only to present what happened but also examine why it happened. Ray Blanton, a Democrat, was a former one-term member of the State House of Representatives and a three-term Congressman from West Tennessee. He cut his teeth on the last vestiges of a one-party system where the governor called the shots upon the advice and consent of political bosses, the Speaker of the House, and the Speaker of the Senate. The political climate across the nation—particularly the south—was undergoing sweeping change. The 1960s had been dominated by the civil rights movement and protests against the War in Vietnam. In 1968, Tennessee dropped General Nathan Bedford Forrest’s birthday as a close-the-state-offices holiday. In 1970, Winfield Dunn, a dentist from Memphis, was elected the first Republican governor of the state since Alfred A. Taylor was elected in 1920. Blanton rolled into office in 1974, riding the anti-Republican Watergate wave. He won the Democratic primary August 1, 1974—eight days before President Richard M. Nixon resigned— and then defeated Lamar Alexander in the November 5 general election. The

NASHVILLE BAR JOURNAL | AUG/SEP 2016

gubernatorial election occupied a time period when nationwide the press became much more aggressive and the electorate traded trust for skepticism. Blanton apparently wanted to return Tennessee to the one-party system that had been business as usual from the 1930s to the 1960s. The times they were changing, and a reversal of that kind would have been difficult, if not impossible, for the most gifted politician. The new governor’s leadership skills were limited. The Blantons were from the country. He had grown up in West Tennessee near the Shiloh Battlefield. He was not a good fit with the wealth and power in Nashville. The jokes told about the governor and his first lady by the Music City elite were cruel. A story circulated through every church and civic club in Middle Tennessee that the ladies living on Curtiswood Lane had invited Mrs. Blanton to join them on a shopping expedition to select new linoleum for the floors of the governor’s mansion. In the past, those in political circles knew who the governor’s political bosses were but their names were not a matter of public record. Governor Ray Blanton began his administration by naming his patronage chief in each county. That done and a glass of whisky poured, the Blanton train rolled out of the station. n For five fun-filled years, from May 1970 to April 1975, JOHN MCLEMORE was the reporter who covered courts for the now defunct Nashville Banner. During that time he attended the Nashville YMCA Night Law School, now the Nashville School of Law. When he left journalism and took up law, he was asked to serve as the first editor of the NBA’s newsletter The Docket which evolved into the Nashville Bar Journal. John practices bankruptcy law and serves as receiver in the state and federal courts.

My Almost Moment in History | The Tennessean, the Democratic voice in Middle Tennessee, supported Ray Blanton early in his 1974 campaign against Republican nominee Lamar Alexander, but as the election drew closer, its news articles turned negative towards Blanton. Blanton was the victor, nonetheless, and on election night, November 5, the newly elected governor walked into the empty City Room of the now defunct Nashville Banner, which had supported Alexander. I was a journeyman reporter, not a political reporter, but a court reporter.. As a result, I was assigned to pick up return tabulations from the Election Commission, as they became available,

and bring them straight to the paper. I made my final run to the Commission, and on my way to the Banner, I realized that the Davidson County votes were in. I knew from the election analysis on my car radio that Blanton was the winner. I arrived at the Banner and sat on, not at, my desk, and helped myself to the buffet catered by a local meat and three. Blanton approached and extended his hand. I put down my paper plate. “I’m Ray Blanton,” he said, clearly exhausted. “I hear you won,” I said. “That’s what they tell me,” he replied. “Is there anyone here?” “Looks like I’m it,” I said. “Give it an-

John C. McLemore

other hour, and this place will be crawling with reporters and editors. Right now I don’t know where they are.” It was at that moment I could have become a footnote to history. The following words were on the tip of my tongue: “Governor, you had better watch out. We [the Banner] do not like you at all. And, from what I’ve been reading lately, the folks across the hall [The Tennessean] don’t like you much either. Step out of line and you will end up in prison.” It was one of the few times in my life that I kept my big mouth shut. I could have been the Nostradamus of the Nashville Banner. n

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Member Benefits A FEW OF THE MANY REASONS TO BELONG TO THE NBA

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 multistate firms to solo practices; they are judges, in-house counsel, law students, paralegals, educators, and everything in between.

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.

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 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

Participate 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 CLEs, committee work, and Young Lawyer Division events and community projects to build your network of contacts throughout Nashville and surrounding counties.

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.

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.

NBA Strategic Partners 30

NASHVILLE BAR JOURNAL | AUG/SEP 2016

Refresh and Renew Yourself

Attend a Bar event or activity—such as the annual Golf Tournament, Free Member Picnic, or one of our many Happy Hour gatherings.

And More...

Use the NBA Center 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. 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.

Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed on NashvilleBar. org/100%Club, in the Nashville Bar Journal, and in the annual Attorney Directory. To become part of NBAâ&#x20AC;&#x2122;s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today! Aaron | Sanders, PLLC (3)

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AUG/SEP 2016 | NASHVILLE BAR JOURNAL 31

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

2016 PREMIER MEMBERS FRANK ABERNATHY ELIZABETH ALEXANDER GAIL VAUGHN ASHWORTH HEIDI BARCUS JOE BEDNARZ JOE BEDNARZ, JR. MARK BEVERIDGE JOE P. BINKLEY, JR. JONATHAN BOBBIT C. DEWEY BRANSTETTER, JR. KENNETH BYRD CHRISTOPHER CARDWELL KATHRYN CAUDLE MARK P. CHALOS JOHN R. CLEMMONS LEWIS CONNER PATRICIA COTTRELL JOHN DAY JOY DAY

ROBERT DEMPSEY JACQUELINE DIXON DAVID DOWNARD BLAIR DURHAM JOHN FLOYD KEITH FRAZIER GRANT GLASSFORD CHARLES GRANT JOHN GRIFFIN JAY HARBISON WILLIAM HARBISON MARIAN HARRISON AUBREY HARWELL TREY HARWELL LISA HELTON PAUL HOUSCH R. JAN JENNINGS JORDAN KELLER JOHN KITCH WILLIAM KOCH IRWIN KUHN

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CAROLYN SCHOTT NATHAN SHELBY KIMBERLY SILVUS ELIZABETH SITGREAVES ERIC SMITH SAUL SOLOMON JOHN SPRAGENS MICHAEL STEWART JAMES STRANCH, III JAMES STRANCH, IV CLAIRE THOMAS ALETA TRAUGER HOWARD VOGEL MICHAEL WALL ELIZABETH WASHKO JAMES WEATHERLY PETER WEISS THOMAS WHITE THOMAS WISEMAN STEPHEN YOUNG

WELCOME NEW NBA MEMBERS! JESSICA L. ABBEY NICOLE AVRAMOVICH KALEY BELL WILLIAM J. BLACKFORD CRYSTAL COCHRAN JORDAN C. CONNELL CHRSITIAN COOPER MICHAEL DRIVER

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NASHVILLE BAR JOURNAL | AUG/SEP 2016

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JUSTIN A. SCHOBER EMMA W. SHOLL JENNIFER THOMAS SHAINA O. THOMSON AMANDA R. THORNTON JOHN J. WILLIAMS, JR. PALMER H. WILLIAMS

Affinity Program NEW! Exclusive member savings on local products and services!

The Affinity Program is a partnership between the NBA that fosters a mutually beneficial relationship between the NBA, its members, and local businesses. In order to take advantage of these new member benefits, log in to NashvilleBar.org/AffinityProgram to show the business you are an NBA member. Check out our new Affinity Partners below!

For a full list of our Affinity Partners and to see discount information, visit NashvilleBar.org/Affinity Program.

AUG/SEP 2016 | NASHVILLE BAR JOURNAL 33

Hearsay | Announcements, People on the Move, Firm News HONORS & AWARDS Ann Peldo Cargile and J. Thomas Trent, Jr., Nashville partners at Bradley, were selected for inclusion in the Who’s Who Legal: Real Estate 2016. This is the third consecutive year that Cargile and Trent have been included in the Who’s Who. Cargile focuses her practice in commercial real estate, including leasing, finance, and joint ventures. Trent is a member and former chairman of Bradley’s Real Estate team and the current chairman of the Firm’s Economic Development team. Trent primarily practices in commercial and real estate transactions. Bruce C. Doeg and Samuel F. Miller, Nashville shareholders of Baker Donelson, were named IP Stars in the 2016 Managing Intellectual Property’s IP Handbook. Doeg practices primarily in the area of business law with an emphasis in technology, life sciences, and intellectual property. Miller is the co-chair of the Firm’s Intellectual Property Litigation Team, and he focuses on individuals and businesses involved with intellectual property and technology transactions and disputes. Robert W. Briley was elected to Shuttleworth Williams, PLLC’s Board of Directors. Briley received his J.D. from Van-

derbilt Law School in 1997, and then completed a judicial clerkship with Judge Thomas Brothers. In 1998, he was elected to represent the 52nd Legislative District in the House of Representatives of the 101st Tennessee General Assembly. He was re-elected to the 102nd—105th Tennessee General Assemblies. During his 10 years in the House, he served in several leadership positions, including Majority Floor Leader and Chairman of the House Judiciary Committee. Greg Grisham was elected as a 2016 “Fellow of the College” by The College of Labor and Employment Lawyers. He is a partner in the Nashville office of FordHarrison LLP, and has over 25 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States. Membership in the College is by invitation only, honoring those lawyers who have demonstrated to their peers, the bar, bench, and public through long performance related to the practice of labor and employment law that they meet the highest professional standards. The 21st Annual Induction Dinner will be held November 12, 2016, in Chicago, Illinois. Randall L. Kinnard of Kinnard Clayton & Beveridge received the 2016 “Outstanding Trial Lawyer of the Year” award from the Tennessee Association for Justice in

NASHVILLE BAR JOURNAL | AUG/SEP 2016

honor of his superior skills and achievements in civil justice. Patricia Head Moskal, Nashville partner at Bradley, has been selected among the “Top 250 Women in Litigation” for 2016. Moskal has been recognized in Benchmark “Top 250 Women in Litigation” since 2012, and is the only Tennessee attorney named to this year’s list. Moskal focuses her practice in business and commercial disputes, particularly focusing in state and local tax litigation, appellate litigation, and government contracts and bid protects. Legal Aid Society of Middle Tennessee and the Cumberlands launched the Gilbert Family Fellowship on July 6, 2016. The fellowship will be the first legal assistance program in Tennessee specifically targeting children and young adults in both urban and rural communities. The program is made possible by a $100,000 donation from Harris A. Gilbert, a longtime supporter of Legal Aid Society and an attorney with Wyatt Tarrant & Combs LLP, with support from his children. The following Legal Aid Society attorneys were named Gilbert Family Fellows: Paige Barbeauld, Clarksville; Sonya Bellafant, Columbia; Kimi DeMent, Nashville; Cherrelle Hooper, Gallatin; Aimee Luna, Murfreesboro; Rachel Moses, Cookeville; Rae Anne Seay, Tullahoma; Emma Sholl, Nashville; and Theresa-Vay Smith, Oak Ridge. ON TH E M O VE Maggie Rowland has been selected as a judicial clerk to Senior Judge John Trice Nixon, United States District Court, Middle

District of Tennessee. She earned her J.D. from Belmont University College of Law. Rowland is a member of the American Bar Association, Tennessee Bar Association, Nashville Bar Association, Tennessee Intellectual Property Law Association, American Association for Justice, and Lawyers’ Association for Women. Christopher E. Thorsen joined Baker Donelson as a shareholder in the Firm’s Business Litigation Group. He represents businesses and individual directors and officers in bet-the-company litigation and arbitration matters involving corporations, individuals, the Securities Exchange Commission, the Department of Justice and state securities law enforcement agencies across the country. He also represents clients in commercial disputes, including matters involving enforcement of contracts, fraud, misappropriation of trade secrets, and breach of non-compete and non-solicitation agreements. He is listed in Best Lawyers in America in the area of Commercial Litigation and is a member of the American, Nashville, and Tennessee Bar Associations and is a three-time Tennessee Attorney for Justice. F I R M NEWS Baker Donelson is pleased to announce that its Health Law Department was selected as one of the top 10 of Modern Healthcare’s “Largest Healthcare Law Firms” and ranked seventh in the 2016 annual listing of the largest health care law firms in the country. The Firm’s Health Law Department was also ranked 5th on the American Health Lawyers Association’s “Top Honors of 2016.” Additionally, Baker Donelson is pleased

to announce that the Firm has been certified for the second consecutive year by the Women in Law Empowerment Forum (WILEF) as a Gold Standard Firm. WILEF’s Gold Standard Certification emphasizes leadership roles achieved by equity in women partners. Baker Donelson was 1 of 31 law firms across the county to earn this certification. Bradley is pleased to announce that 2016 is the third year the firm has been named by Working Mother and Flex-Time Lawyers as one of the “50 Best Firms for Women”—founded in 2007 to recognize firms that lead the industry in initiatives for women’s business development and career advancement as well as offering flexible work arrangements and generous paid parental leave, among other important benefits. Bradley’s Winn Initiative, named after Ellene Winn, includes multi-generational mentoring groups and family-friendly client events designed to foster an environment of inclusiveness. Furthering the effort to build its ranks of female leaders, the firm regularly participates in the Momentum women’s leadership program. Rocky McElhaney Law Firm expands by hiring three new trial attorneys: James Klein from Miami, Florida; Mac Allen from Big Stone, Virginia; and Hunter Higdon from Orlando, Florida. Klein brings to the Firm his experiences as a judicial clerk, as an intern in the Florida Office of the Attorney General, and his work as a Dean’s Fellow in the area of Torts. Allen graduated from Virginia Tech and received his J.D. from Ole Miss before being sworn in as a member of the Tennessee Bar in 2016. Higdon hails from Orlando, where he operated his own injury law firm. His prior experience as a claims adjuster for an insurance company makes him an invaluable asset to the team. Stites & Harbison is pleased to announce that the Firm earned honors in

the BTI Power Rankings 2016: The Law Firms with the Best Client Relationships. The Firm was recognized by clients for its client relationships and was named to the Honor Roll of Core Firms in Transportation and to the Honor Roll of Recommended Firms in Transportation. These honors rank Stites & Harbison as among the top 10% of law firms serving the transportation industry. n

DIAL-ALAWYER

Dial-A-Lawyer is held the first Tuesday of each month, and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact our LRIS Coordinator at Wendy.Cozby@nashvillebar.org. Pro Bono credit applies and a complimentary dinner will be provided. Thank you to our July volunteers!

CHRIS BOIANO HELEN CORNELL SHEA FORGETY TOM LAWLESS JOE RUSNAK

AUG/SEP 2016 | NASHVILLE BAR JOURNAL 35

Classifieds OF F I CE SPACE

APPELLATE BRIEFS and ARGUMENT

Midtown/West End. Small established law firm seeks compatible attorney with existing business to share space and overhead in a collegial supportive environment. Spacious offices overlooking Centennial Park; conveniently located near I-440 and I-40; reserved covered parking, ample parking for clients. Kuhn@dvlawfirm.com. Call Irwin Kuhn or Jean Byassee at 615-321-5659.

THOMAS F. BLOOM, J.D. (Emory, 1977) 615.260.5952 | BloomAppeals.com

Downtown. We have furnished offices and conference rooms available next door to the courthouse downtown. Includes reception, lobby, kitchen. Available by the hour, day, week, month, or more on 15th Floor UBS Tower with 24 hour access. File storage available. Call for details 615-928-1900. IntelligentOffice.com. White Bridge/Belle Meade. Established Law Firm: 3rd Floor, 85 White Bridge, 37205 (next to J. Alexander’s). Convenient location, 10-12 minutes to courthouse. Spacious 14’ x 14’ office, includes use of conference room, reception area, kitchen. Telephone, internet services, more available as extras. Parking included. $1,200/month + extras. 615-256-8127; ren@dhhrplc.com. Downtown. Class A Office Space furnished with phone and trained reception

Retained by attorneys throughout the State for over 30 years to draft briefs and/or argue cases in over 300 appeals, State and Federal. Research assistance also available. Lowest hourly rates for highest quality representation. References available upon request.

staff to represent your firm. Conference rooms, file storage, and 24 hour access. Great views on 15th floor next door to courthouse downtown. Phone system tracks billable time for your client call-in/ outs. Call for details 615-928-1900. IntelligentOffice.com. West End and 31st Ave. Rare West End Class A Space: One American Center Tower, 4281 RSF office suite sublease available with up to 10 windowed offices, 2 conference rooms, reception area, kitchen, and garage parking. 10 minutes to downtown, 2 minutes to I-440. Phone, internet possible. Direct lease possible. Please contact Christina Primm at 615-467-3503. ATTO R N E Y S E RV I C E S Consulting Appellate & Trial Attorney. Attorney with 20 years’ experience in courts throughout Middle Tennessee, as well as all levels of State courts includ

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ADVERTISE IN THE NBJ CLASSIFIEDS! 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

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NASHVILLE BAR JOURNAL | AUG/SEP 2016

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When your clients are dealing with the long-term illness or disability of an elderly loved one, point them in the right direction with a referral to Elder Law Practice of Timothy L. Takacs. Our multi-disciplinary practice empowers families to respond to quality of life concerns that asset-focused firms don’t address, such as care coordination, patient advocacy, and insurance issues. 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.

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