Nashville Bar Journal | August/September 2017

JOURNAL Journal Journal

AUGUST/SEPTEMBER 2017 | VOLUME 17 | NO. 4

FEATURE

Changes to Department of State Visa Process

ALSO

Syria and the Refugee Crisis Juvenile Immigrants Prepare for an Audit!

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $255 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking.

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*Terms and Conditions: Offer valid August 1, 2017 - April 30, 2018. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum

opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible. You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $255 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by April 30, 2018. FSR: Use promo code NBADUE. ©2017 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

JOURNAL 6 Journal Journal AUGUST/SEPTEMBER 2017 | VOLUME 17 | NO. 4

FE ATU R E

Changes to Department of State Visa Process Rose Hernandez

DE PA R TM E N TS

From the President

2

Calendar of Events

3

Hear Ye, Hear Ye

4

Nathan H. Ridley

Board Elections Brews for Backpacks Directory Photography

Membership Dues

The Watergate CLE Tuesday Night Fever Tune Award Nominations

Syria and the Refugee Crisis 11 Caroline Hudson

Prepare for an Audit!

27

Jordan McQuown Juvenile Immigrants 29 Everette Parrish

19 28

CO L UMNS

Member Updates

34

Capitol Notes 15

Peggy Sue, the Beagle Hound

38

CLE Schedule 100% Club

Hearsay

Background Check 13

Bart Pickett

Gadget of the Month 17

Bill Ramsey & Phillip Hampton

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL JOURNAL FROM THE PRESIDENT Bang | Nathan H. Ridley Journal Bang the Drum Slowly. Bang the Drum. Big Bang Theory.

Journal For popular culture—whether in film, music, television, or

NATHAN H. RIDLEY, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

ramseywt@nealharwell.com

ELEANOR WETZEL, Managing Editor

eleanorwetzel@jis.nashville.org

EDITORIAL COMMITTEE NOEL BAGWELL CHANDLER FARMER KIMBERLY FAYE CAROLINE HUDSON TIM ISHII CALLIE JENNINGS TRACY KANE ROB MARTIN LEE NUTINI EVERETTE PARRISH BART PICKETT BILL RAMSEY ARRIN RICHARDS MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 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.

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content.

NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 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.

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even a news story of gun violence—bang is a word with some noise about it.

Lawyering is hard. The deadlines are nearer than they appear. The emails from clients and adversaries demand attention and we cannot hide from their electronic fingerprints. Policy makers do not have the focus that we as advocates would hope for.

Lawyering is hard. Taking on another’s burden is both noble and exhausting. Bang, the gavel falls, and the decision is not what we had sought for our client. We must explain why the young father’s deportation order is now final even though his spouse and children are U. S. citizens.

Lawyering is hard. The July 16 heartbreaking story in the New York Times entitled, “The Lawyer, The Addict”, was not in the glossy magazine section but the lead article in the business section. Peter—the lawyer in the article—stressed about the competition, his compensation, the clients and their demands, and his fear of losing them. Peter was very smart and his hourly rate of $600 compensated him well for his work. July 2015 found him dead of a systemic bacterial infection common to intravenous drug users.

Lawyering is hard. Lisa Smith—a New York attorney in recovery—notes in her book, Girl Walks Out of a Bar, about her firm, “I could never let them know what was happening.

It wasn’t just because I was ashamed, which I was, it was also because of the stigma attached to substance abuse by lawyers. If they found out, overnight I’d go from being viewed as hard-working and smart to weak, defective, and untrustworthy.”

Lawyering is hard. The 2016 report from the Hazelden Betty Ford Foundation and the American Bar Association published by the American Society of Addiction Medicine in its January/February Journal analyzed responses of 12,825 licensed attorneys across 19 states. Attorneys experience problematic drinking that is hazardous, harmful, or otherwise generally consistent with alcohol use disorders at a rate much higher that other populations.

For example, 85% of lawyers drink compared to 65% of the general population. Patrick Krill—the study’s lead author—also left it to speculation what motivated 75% of attorneys to skip over the section on illicit drug use as if it wasn’t even there. The study concludes with the need for greater education aimed at prevention, along with public awareness campaigns within the profession designed to overcome the pervasive stigma surrounding substance abuse disorders and mental health concerns.

Bang. Lawyering is hard. The legal profession does try to help. The ABA has its Commission on Lawyer Assistance Programs. Closer to home, the TBA has the Tennessee Lawyer Assistance Program (TLAP), and our own NBA has its Attorney Health & Wellness Committee working in conjunction with the TLAP program.

Naiveté does not go so far as to expect a single journal piece to change the culture of a hard-drinking profession. Just maybe though, may you escape the office for an outing, even if just to walk around the block and ask a colleague to join you. Ask them how they are. Your words will be soft, but this simple act will carry the noise of a Bang.

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Calendar of Events | Full calendar online at NashvilleBar.org/ AUGUST 2017 M O N D AY

T U E S D AY

W E D N E S D AY

NBA Board Mtg | 4:00pm

T H U R S D AY

Dial-A-Lawyer | 6:00-8:00pm

1 LAW Board Mtg | 11:30am

NBF Leadership Forum Steering Committee Mtg 4:00pm

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Historical Committee Mtg 11:30am | Hal Hardin’s Office

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YLD Board Mtg | 12:00pm Stites & Harbison

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7 Ethics Committee Mtg | 12:00pm

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F R I D AY

Membership Committee Mtg 12:00pm

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NALS Mtg | 12:00pm Memorial Service Committee Mtg 12:00pm

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10

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Diversity Committee Mtg | 12:00pm YLD Brews for Backpacks 5:30pm | Craft Brewed NBF Trustees Mtg | 12:00pm

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3 CLE Committee Mtg | 11:30am

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18

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Diversity Summit Committee Mtg 12:00pm | Conference Call

NBA Karaoke Happy Hour (aka Tuesday Night Fever) 5:30pm | Alley Taps

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The Watergate CLE | 9:00am Montgomery Bell Academy

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SEPTEMBER 2017 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

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

FOLLOW US:

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

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@NashvilleBar Dial-A-Lawyer | 6:00-8:00pm

Membership Committee Mtg 12:00pm

Diversity Committee Mtg | 12:00pm

Holiday | NBA Offices Closed

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5 LAW Board Mtg | 11:30am

6 Historical Committee Mtg 11:30am | Hal Hardin’s Office

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8

14

15

CLE Committee Mtg | 11:30am

YLD Board Mtg | 12:00pm Stites & Harbison

11 Probate Committee Mtg | 11:30am

12 Ethics Committee Mtg | 12:00pm

NALS Mtg | 12:00pm

13

Memorial Service Committee Mtg 12:00pm

Editorial Committee Mtg 12:00pm | Neal & Harwell, PLC NBF Trustees Mtg | 12:00pm

18 Attorney Directory Photography Appointment Only | Call 800-580-5562 to book your appointment now!

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19 Attorney Directory Photography Appointment Only | Call 800-580-5562 to book your appointment now!

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20 Attorney Directory Photography Appointment Only | Call 800-580-5562 to book your appointment now!

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Finance & Executive Committee Mtg 4:00pm

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Attorney Directory Photography Appointment Only | Call 800-580-5562 to book your appointment now!

22 Attorney Directory Photography Appointment Only | Call 800-580-5562 to book your appointment now!

20th Annual FREE Member Picnic 5:30pm | Walk of Fame Park

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AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL JOURNAL Journal Journal

Hear Ye, Hear Ye |

Events of Interest

2017 NBA BOARD OF DIRECTORS NATHAN H. RIDLEY, President

ERIN PALMER POLLY, President-Elect IRWIN J. KUHN, First Vice President

CLAUDIA LEVY, Second Vice President KYONZTE HUGHES-TOOMBS, Secretary STEPHEN G. YOUNG, Treasurer JEFF H. GIBSON, Assistant Treasurer JOYCELYN A. STEVENSON, Immediate Past President LAUREN PAXTON ROBERTS, YLD President LELA HOLLABAUGH, General Counsel ROBERT C. BIGELOW, First Vice President-Elect MARGARET M. HUFF, Second Vice President-Elect LAURA B. BAKER MARK S. BEVERIDGE ROBERT C. BIGELOW HON. JOE P. BINKLEY, JR. HON. SHEILA D. CALLOWAY JACQUELINE B. DIXON SAMUEL P. FUNK TRACY DRY KANE HON. WILLIAM C. KOCH, JR. RYAN D. LEVY WENDY LONGMIRE W. BRANTLEY PHILLIPS, JR. DAVID L. RAYBIN SARA F. REYNOLDS ERIC W. SMITH LAURA SMITH DARKENYA W. WALLER M. BERNADETTE WELCH STEPHEN J. ZRALEK

NBA STAFF MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director JAN MARGARET CRAIG, CLE Director VICKI SHOULDERS, Membership Coordinator, Office Manager MARIEL ZELHART, CLE Coordinator

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

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Tune Award Nominations

We are now seeking nominations for the John C. Tune Public Service Award to be presented at the Annual Meeting & Banquet on December 7 at Music City Center. The purpose of the award is to recognize members who make outstanding contributions to the greater Nashville area community while distinguishing themselves as practicing attorneys. To submit a nomination, email Traci.Hollandsworth@nashvillebar.org no later than October 20 expressing why you believe the nominee is deserving of this prestigious award. Visit NashvilleBar.org/Awards for more information. n

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Membership Dues Notice

The 2017 Membership dues year ends on October 31. On August 1, you will be able to renew your membership at NashvilleBar.org/Renew. The NBA Board of Directors met on June 29 and approved a change in the membership dues structure: • No increase – Law Student, YLD, Emeritus, Committee memberships • No increase – Sliding Scale members in the 0-$25,000; $25,000$50,000; and $50,000-$75,000 categories • $10 increase – Associate, Premier, Regular, and Retired members • $10 increase – Sliding Scale members in the $75,000-$100,000 and $100,001-$150,000 ranges • $20 increase – Sliding Scale members in the $150,000+ range

If you have any questions regarding your dues form, member benefits, or changes in the dues structure, please contact Vicki.Shoulders@nashvillebar.org, or 615-242-9272. Thank you for your continued support and membership. n

The Watergate CLE Presented by the NBA Historical Committee Sponsored by

August 29 | 9:00am – 12:15pm | Montgomery Bell Academy Over 40 years ago, Richard Nixon became the only president in U.S. history to resign, in large part because of disclosures about the Watergate scandal by his White House counsel, John Dean.

During this presentation, Dean will be joined by nationally renowned trial expert James D. Robenalt as they tie this historic chain of events to the ethical issues you likely face every day in your practice. Visit NashvilleBar.org/Watergate, or fill out the form on page 24 to register. n

Attorney Directory Photography

Tuesday Night Fever

In Music City, it seems like everybody has talent—even NBA members. If your dream is to be the next Elvis or Beyoncé, make plans to attend this one-of-a-kind evening of karaoke—hosted by NBA member David Anthony—at the NBA’s August Happy Hour (it’s FREE!) on Tuesday, August 22, from 5:30 to 8:00pm at Alley Taps. Free food, free drinks, and lots of free entertainment. Visit NashvilleBar.org/ TuesdayNightFever to get your name on the VIP list now! n

20th Annual FREE Member Picnic Co-Sponsored by Metro Law Department

The 20th Annual FREE Member Picnic will be held on Thursday, September 28, from 5:30-8:30pm at Walk of Fame Park—located downtown across from the Country Music Hall of Fame. For more details and to register, visit NashvilleBar.org/MemberPicnic. We look forward to seeing you there! n

Is your “current” headshot over three years old? If so, it’s time to get a new one taken and the NBA is here to help! Photography for the 2018 Attorney Directory is scheduled for the week of September 25–29 and will be held at the NBA offices. Contact RCL Portrait Design at 800-580-5562 or visit GORCL.com to book your personal photography appointment. There is no cost for this service and you will be able to choose your directory photo immediately. Additional portraits will also be made available to those wishing to purchase them; however, there is no obligation. n

2018 Board Elections

Members of the NBA will be electing six new Directors to serve on the Board for a four-year term commencing January 1, 2018. The 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 Monica.Mackie@ nashvillebar.org or 615-242-9272 to submit your name. All names must be submitted for consideration by August 18. The Board elections will take place in November, and all members whose 2018 membership dues are received no later than October 31 will be eligible to vote. n AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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Feature Story | Rose Hernandez

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NASHVILLE BAR JOURNAL | AUG/SEP 2017

Changes to Department of State Visa Process in Early Stages of Trump Administration Much of the controversy surrounding “extreme vetting” has focused on President Donald Trump’s Executive Order and its visa issuance restrictions on six Muslim countries; however, other recent changes affect many other visa applicants from all around the world. Although this Article addresses the latest interpretation of the travel ban, it also focuses on broader changes to the visa application system. Heightened scrutiny and invasive requests for personal information may be administered on more visa applicants than originally thought—even individuals from visa waiver countries. New visa applicants can expect enhanced skepticism and scrutiny; the Trump administration can expect continued litigation.

Travel Ban 2.0 President Trump’s initial travel ban applied to nationals of seven countries: Iraq, Iran, Yemen, Sudan, Syria, Somalia, and Libya.

It quickly was enjoined on a nationwide basis, leading to “Travel Ban 2.0” for six countries (Iraq having been removed).1 The U.S. Supreme Court agreed to review the federal court injunctions of this amended travel ban, and on June 26, 2017, the Court partially stayed these injunctions, leaving a limited travel and refugee ban in place.2 As of June 29, consular officers determine whether visa applicants from six countries are exempt from the ban or eligible for a waiver of the ban. If not exempt or waived, applicants are denied.

Categories of exempt people are:

1. People already in the United States as of 6/26/17; 2. People who had valid visas on 6/29/17; 3. People admitted or paroled into the United States on or after 6/26/17;

4. People with valid visas or other travel documents issued on or after 6/29/17; 5. Lawful permanent residents; 6. People who are also citizens of non-banned countries and who travel on their other passports; 7. Certain diplomatic visa holders; 8. Refugees, asylees, and those granted similar relief al ready admitted to the United States; and 9. People with credible claims of bona fide relationship to a U.S. person or entity, including certain family relationships, certain employment relationships, and students enrolled at U.S. universities.3

Following the Supreme Court’s partial stay, the Department of State announced it would narrowly interpret the “bona fide relationship” standard under these definitions: A close familial relationship is defined as a parent (including parent-in-law), spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half, and including step relationships. “Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, and any other “extended” family members.4

Consular officers may consider waiver requests on a caseby-case basis for applicants who demonstrate visa issuance is “in the national interest, when entry would not threaten national security, and denial would cause undue hardship.” Short-term business travelers, tourists, diversity visa applicants, and self-petitioning (continuedononpage page00) 8) (continued

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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Feature Story | workers and investors are most at risk for being banned.

New Questions for Certain Visa Applicants In diplomatic cables dated March 10 and March 15, 2017, Secretary of State Rex Tillerson issued detailed instructions to consular officials for implementing the President’s travel order, which would take effect on March 16, 2017. After the federal courts blocked the revised executive order, a March 16 cable rescinded most of the heightened scrutiny procedures that were to be levied on the six countries from the executive order. However, a new March 17 diplomatic cable emphasized increased scrutiny across the board. A May 4, 2017 Federal Register notice requested emergency permission to begin using a new supplemental questionnaire for certain visa applicants. Thus, while much of the travel ban had been put on hold by the federal courts, the Department of State began collecting additional information from certain visa applicants, despite the fact they never specified which visa applicants will be impacted and no public comment occurred. Few limits are placed on consular officers by the Department of State, which indicated additional screening will be used “to resolve an applicant’s identity or to vet for terrorism or other national security-related visa ineligibilities when the consular officer determines that the circumstances of a visa applicant, a review of a visa application, or responses in a visa interview indicate a need for greater scrutiny.”5 The new requested information includes: • Travel history during the last 15 years, including source of funding for travel;

Changes to Department of State Visa Process...(continued from page 7)

• Address history during the last 15 years; • Employment history during the last 15 years; • All passport numbers and country of issuance held by the applicant; • Names and dates of birth for all siblings; • Name and dates of birth for all children; • Names and dates of birth for all current and former spouses, or civil or domestic partners; • Social media platforms and identifiers, also known as handles, used during the last five years; and • Phone numbers and email addresses used during the last five years.6 In addition, consular officers retain broad discretion to ask for any type of information or documentation related to a visa application.

Who is Under Scrutiny? Background Information Derived from Cables For the most part, the cables ordered officials to deny any visa application that presents “security concerns” and to minimize the number of interviews scheduled each day to guarantee each application is properly inspected.

Arguably the cables’ most concerning and important language gave instruction to consular chiefs in each diplomatic post to convene working groups of law enforcement and intelligence officials to “develop a list of criteria identifying sets of post-applicant populations warranting increased scrutiny.” If a visa applicant falls within one of these identified population groups, she will be considered for enhanced scrutiny and screening. This instruction was not rescinded, and it remains the current policy.

Developing a list of criteria to determine particular populations warranting increased scrutiny opens the door for

consular posts to use race, national origin, and religion as triggering factors for heightened scrutiny. Heightened scrutiny will entail new questions targeting information related to an applicant’s use of social media, her phone, and the Internet.

For example, the cables instructed officials to ask visa applicants for email addresses and social media handles. Moreover, while visitors have had their phones examined at ports of entry, a phone review has not been routinely requested during the visa application stage. With plans to ask applicants for their social media handles and passwords in conjunction with possible phone searches, the vetting process likely will become time-consuming and invasive for many who never envisioned this type of questioning. Refusal risks application denial, creating a tough decision for many applicants who encounter enhanced scrutiny.

Visa Waiver Void for Travelers Connected to Banned Countries The Visa Waiver Program allows nationals of countries with low overstay rates to travel to the United States without obtaining a visa. Travelers from visa waiver countries simply register with an online program called the Electronic System for Travel Authorization (ESTA) where they answer eligibility questions. New FAQs posted to the Department of Homeland Security website regarding ESTA show this program, too, is caught up in the extreme vetting whirlwind.7 Nationals of Visa Waiver Program countries who have traveled to any of the seven original travel ban countries (Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen) any time after March 1, 2011, however, may no longer use Visa Waiver.

The list of countries implicated in the Visa (continued on page 18)

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NASHVILLE BAR JOURNAL | AUG/SEP 2017

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OPERATING

CAN YOU NAME THESE PEOPLE?

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

JUN/JUL GOLDEN OLDIES

For the first time in the history of the Golden Oldies, not one person could correctly identify the individuals in the June/July issue photo. Drumroll, please...

Pictured in the back row (left to right) are Sam Hodges, Bob Tucker, Bill Farmer, Tom Dundan, and Ed Yarbrough. Pictured in the front row (left to right) are Bob Sullivan, Jim Sanders, and Bob Lynch. March, 1980.

Take Us Out to the Ballgame!

In June, First Tennessee and Herman Hicks hosted our NBA Happy Hour at The Sounds baseball game. BEING A MEMBER IS FUN! For photos from this and other NBA events, visit NashvilleBar.org/PhotoGallery. You will also see other photo highlights on pages 32-33.

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NASHVILLE BAR JOURNAL | AUG/SEP 2017

Editorial |

Caroline Hudson

Syria and the Refugee Crisis Like many states, Tennessee has debated acceptance of refugees, and this Article provides an overview of what led to the refugee crisis.

Syria is a country of beautiful mountains, deserts, and coastal plains along the Mediterranean shore, and once was home to diverse religious and ethnic groups, including Arab Sunnis, Alawite Shia, Druze, Christians, Kurds, Assyrians, and Armenians.1 Then, a civil war broke out, which continues today and has forced 11 million Syrians from their home.2 Over 250,000 Syrians have lost their lives in the civil war.3 The civil war started in March 2011, in Deraa, Syria, after President Bashar al-Assad’s regime arrested and tortured teenagers who had painted slogans on a school’s wall. Anti-government demonstrations followed, and Assad’s forces opened fire on those demonstrating against the regime. As a result, several demonstrators were killed and more Syrians took to the street to protest the regime and demand Assad resign. Instead of resigning, Assad used force to crush the demonstrators. Assad’s actions only served to harden the protestors’ resolve, and in July 2011, thousands of demonstrators took to the streets in protest across Syria.4 Eventu-

ally, opposition supporters took up arms to defend themselves and rid their local towns from the government’s security forces.5 The violence of the government escalated, and Syria descended into civil war as the opposition forces (the rebels) created brigades to battle the government forces. In addition to the rebels and the government conflict, the civil war also acquired sectarian overtones, which pitched Syria’s Sunni majority against Assad’s Shia Alawite sect; thus, drawing world and regional powers into the mix.6 The rise of the Islamic State added another dimension to the civil war.

As a result of the above, over 4.5 million people fled Syria— most of which were women and children.7 Around 10% of Syrian refugees have fled to Europe.8 At least 2.9 million registered Syrian refugees are hosted in Turkey.9 A million plus are in Lebanon, and at least 660,000 are located in Jordan.10 Iraq and Egypt also host Syrian refugees.11 An additional 6.5 million are internally displaced in Syria.12 As to the refugees and displaced persons who fled Syria, their journey was far from easy. Some walked or took the risk of getting in a crowded truck or small boat to cross into Europe or a neighbor(continued on page 12)

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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Editorial |

Syria and the Refugee Crisis (continued from page 11)

ing country. Some refugees live in camps, while others live outside the camps to find work as a result of camp overcrowding.13 Some camps restrict refugees from going outside of the camp and searching for work.14 Even if a refugee does not live in a refugee camp, he or she may not be permitted to work without a work permit.15 Many refugees live without electricity and plumbing and live below the poverty line. For example, in Lebanon 70% of the over one million Syrian refugees live below the poverty line with food insecurity continuing to mount.16 For those persons still living in Syria, medical facilities and hospitals are scarce due to destruction and damage. Further, the water supply to these individuals has decreased to less than 50% of its pre-crisis level, and food is scarce.17 Internal aid to these individuals is delivered through regime approved and selected Syrian government ministries and agencies—if delivered at all.18 The Syrian refugee crisis has been deemed the worst humanitarian crisis

since the Second World War.19 To date, the civil war continues with no end in sight, adding to the plight of refugees and the countries that take them in. n Endnotes Syria County Profile, BBC.Com (Apr. 11, 2017), Bbc.com/news/world-middle-east-14703856.

1

2 Syria: The Story Of The Conflict, BBC News (Mar. 11, 2016), available at Bbc.com/news/ world-middle-east-26116868 [hereinafter “Syria”]. See also Tom O’Connor, Why Is Syria At War and Who Is Fighting? A Brief History of the Syrian Conflict Before Trump’s Military Intervention, Newsweek, (Apr. 4, 2017), available at Newsweek.com/syria-war-fighting-historyconflict-trump-military-intervention-580558; Evgeny Afineevsky, Cries from Syria, HBO (2017); James Bowker & Andrew J. Tabler, The Narrowing Field of Syria’s Opposition, Wash.

Inst., available at Washingtoninstitute.org/ uploads/Documents/pubs/Beyond IslamistsTabler.pdf.

issues-depth/refugees/ [hereinafter “Refugees”].

10

Refugees, supra note 9.

11

Refugees, supra note 9.

12

Syria, supra note 2.

13 Inside The Harsh Living Conditions For Syrian Refugees In Turkey, PBS Newshour (Jan. 17, 2016), available at PBS.org/newshour/bb/ inside-the-harsh-living-conditions-for-syrianrefugees-in-turkey/ [hereinafter “Inside Harsh Living Conditions”]. Other examples of refugee camps include Berlin’s Tempelhof airport and is known as German’s biggest refugee camp in Berlin and Zaatari in Jordan. See Tony Paterson, Refugee Crisis: Thousands are Living in Cramped Conditions in a Former German Airport Waiting to be Granted Asylum, Independent (Mar. 24, 2016), available at Independent.co.uk/ news/world/europe/refugee-crisis-thousandsare-living-in-cramped-conditions-in-a-formergerman-airport-waiting-to-be-a6950896.html; Sally Hayden, Inside The World’s Largest Camp For Syrian Refugees, The Irish Times (Mar. 22, 2017), available at IrishTimes.com/news/world/ middle-east/inside-the-world-s-largest-camp-forsyrian-refugees-1.3018821.

3

Syria, supra note 2.

4

Syria, supra note 2.

14

Inside Harsh Living Conditions, supra note 13.

5

Syria, supra note 2.

15

Inside Harsh Living Conditions, supra note 13.

6

Syria, supra note 2.

7

Syria, supra note 2.

8

Syria, supra note 2.

16 Conditions of Syrian Refugees in Lebanon Worsen Considerably, Un News Centre (Dec. 23, 2015), available at Un.org/apps/news/story. asp?NewsID=52893#.WW-GxoTyvIV.

9

Refugees, United Nations, Un.org/en/sections/

17

Refugees, supra note 9.

David Pollock & Andrew J. Tabler, Syria’s Humanitarian Crisis: A Moral and Strategic Issue, Wash. Inst. (Jan. 28, 2013), available at WashingtonInstitute.org/policy-analysis/view/ syrias-humanitarian-crisis-a-moral-and-strategicissue [hereinafter “Humanitarian Crisis”].

18

See P.J. Tobia, The Worst Humanitarian Crisis Since World War II, PBS (July 29, 2015), available at PBS.org/newshour/updates/ worst-humanitarian-crisis-since-world-war-ii/; Humanitarian Crisis, supra note 18.

19

CAROLINE HUDSON is an attorney at the Law Offices of John Day where she represents clients in various tort-related matters. She is a member of the Nashville Bar Association and serves on the Nashville Bar Journal’s Editorial Committee. Hudson received her B.S. and M.A. from Tennessee Tech University and J.D. from The University of Memphis, Cecil C. Humphreys School of Law.

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NASHVILLE BAR JOURNAL | AUG/SEP 2017

BACKGROUND CHECK

Tricia Herzfeld | Bart Pickett

Despite not ever meeting a lawyer growing up, Tricia Herzfeld has always wanted to be one. Herzfeld originally hailed from the blue-collar town of Walled Lake, Michigan. Not many people around Walled Lake went to college, and if they did, they certainly did not leave Michigan.

After receiving an informational postcard from George Washington University, Herzfeld applied and was accepted.

While in college, Herzfeld studied Communications/Public Speaking and graduated in 1997. She took a year off before law school so she could work for the university and get the tuition benefits it offered for its employees. That following year, she started at GWU Law School.

While in law school, Herzfeld began her dedication to helping the less fortunate. In particular, she spent time working on behalf of prisoners. Finding that few people really helped that demographic, she worked tirelessly on behalf of prisoners, including creating a program designed to facilitate the donation of law books from the school and law firms to correctional facilities.

Herzfeld graduated from law school in 2001. Shortly following, her husband Erik found work in Germany and Tricia

in Miami. The couple spent six months in Germany for Erik’s journalism job and then relocated to Miami in 2002, for Herzfeld’s career.

While in Miami, Herzfeld worked at the public defender’s office. Even all these years later, she still remembers the camaraderie and mentoring that made it an extraordinary, wonderful place.

Unfortunately, Herzfeld had to leave that job when her husband found a new position in Charleston, West Virginia.

While there, Herzfeld wound up at an insurance defense firm, which was a complete change but also a good learning experience in civil litigation. Her time in this position did not last too long before the world of journalism changed the family’s future again.

While neither Herzfeld nor her husband had ever been to Nashville, they decided to head to Music City when a job opportunity arose for Erik in the summer of 2006.

After some time adjusting to her then-newborn son and the new city, Herzfeld sought out to start her legal career in Nashville. Looking to return to her passion of helping others, she landed a job at the TN ACLU in January 2007. While working at the ACLU, Herzfeld worked on a wide variety of civil rights issues, reviewed proposed legislation, litigated, and advised on all matters affecting civil rights.

Through her time advocating on behalf of civil rights, Herzfeld got to know local immigration attorney Elliot Ozment.

Seeing the overlapping of the issues of civil rights and immigration, Herzfeld joined Ozment’s firm. While there, she combined her passion for helping the

oft-helpless immigrants with her civil rights experience. She also defended immigrants in criminal matters and advised other criminal defense attorneys on the impact of certain pleas on persons’ immigration status. Herzfeld describes her practice there as the intersection of criminal law with immigration and civil rights.

In October 2016, Herzfeld made a move to local Plaintiffs’ firm, Branstetter, Stranch & Jennings. This position has allowed her to work on behalf of civil rights, though she still retains her passion for helping immigrants and does immigration work when it arises.

Herzfeld has lived in the Sylvan Park Neighborhood since moving to Nashville with her husband, daughter, two sons, and their two new rescue puppies. The mother of three will send her oldest and only daughter off to college out of state in the fall.

In her free time, Herzfeld enjoys spending time with her family and volunteering at the Oasis Center and Conexión Américas. She also sits in one of the two minority party seats of the five-member Davidson County Election Commission. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty

Mutual

Group,

Inc.’s insureds and customers of its affiliated groups throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

13

TENNESSEE CHAPTER

Nashville Area Members recognized for Excellence in the field of Mediation or Arbitration

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 893-4160

Paul DeHOFF (615) 893-8896

Hon. Robert ECHOLS (615) 742-7811

Barry L. HOWARD (615) 256-1125

James KAY (615) 742-4800

Mark LeVAN (615) 843-0300

Gayle MALONE, Jr. (615) 651-6700

David NOBLIT (423) 265-0214

Dan NOLAN (931) 647-1501

Leigh Ann ROBERTS (615) 767-5900

Tracy SHAW (615) 244-3370

Matt SWEENEY (615) 726-5774

John TARPLEY (615) 259-1366

Mark TRAVIS (931) 252-9123

Jack WADDEY, Jr. (615) 850-8752

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

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

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound

The best hockey players are like the best hunting dogs. They are born egotists; they always hunt for their own sake. So you need to nurture them and train them and love them until they start hunting for your sake, too. For their teammates’ sake. Only then can they become really good. Truly great.

—The old coach, Sune, in Fredrik Backman’s novel, Beartown All Done for this Year The General Assembly has finished its work for 2017 and will stand in recess until 12:00pm on January 9, 2018. Governor Bill Haslam proved himself to be more of a workhorse instead of a show pony as four of the top five initiatives listed below are his.

Top 5 Legislative Enactments of 2017 State Budget. Chapter 460 of the Public Acts of 2017 sponsored by Mark Norris and Charles Sargent on behalf of the Haslam Administration is the only bill that had to pass for state government to keep the doors open and the computers humming. Chapter 460 authorizes the expenditure of $37 billion and re-

curring revenues are matched with recurring expenditures. State employees and teachers will receive raises in the range of 3% to 4%. Our state reserves will rise to $800 million for the general fund and $219 million for the TennCare program. The largest component of the $37 billion is almost $18 billion in state tax revenues, but includes $13.5 billion in federal revenues.

Fuel Tax. Chapter 181 sponsored

by Mark Norris and Barry Doss is the Haslam Administration initiative increasing the gasoline tax 6 cents over three years and the diesel fuel tax 10 cents over three years, both as of July 1. After the total increase is implemented, the state fuel tax on gas will be 27.4 cents a gallon up from 21.4 cents, and the tax on diesel fuel will be 28.4 cents a gallon up from 18.4 cents. This is the first increase in the fuel tax since 1989.

The state vehicle registration fee will increase $5 and a new fee of $100 will be assessed on each electric vehicle.

Chapter 181 also includes cuts in the sales tax on grocery food from 5% to 4%, the Hall income tax from 5% to 4%, and the phasing out of the Hall income

tax by 2021.

Rural Broadband. Chapter 228 sponsored by Mark Norris and David Hawk is the Haslam Administration initiative that addresses Tennessee’s digital divide. Governor Haslam nudged AT&T into partnership with our 19 electric membership cooperatives. In summary, Chapter 228 authorizes electric cooperatives to provide broadband services, creates a $30 million incentive fund to be administered by ECD, and funds digital literacy training through local libraries in the amount of about $150,000 per year for three years.

Autonomous Vehicles. Chapter 474 sponsored by Jon Lundberg and William Lamberth deals with Automated Driving Systems (ADS) and was supported strongly by General Motors, as well as Volkswagen, and to a lesser extent Nissan. ADS refers to technology installed on a motor vehicle that has the capability to drive the vehicle without any supervision of the human operator when activated, but may be managed by a human driver.

Tennessee Reconnect. Chapter 448 sponsored by Mark Norris and David Hawk expands Governor Haslam’s Tennessee Promise program. Governor Haslam has set an aspirational goal of 55% of Tennesseans having some sort of degree by 2025; presently the number is 38.8%. Chapter 448 extends the recent Tennessee Promise Scholarship Program for adults to attend community college tuition free.

As the World Turns House. Speaker Beth Harwell has announced her gubernatorial bid. Harry Brooks and Roger Kane—both of Knox County—and Joe Pitts of Montgomery (continued on page 16)

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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Capitol Notes | Montgomery County have announced their intentions not to see re-election.

Craig Fitzhugh of Lauderdale County is still pondering a gubernatorial bid. On the flip side, the newest member of the House is Kevin Vaughan, an engineer and real estate developer from Shelby County who won the June special election to fill the vacancy created by the resignation of Mark Lovell.

Senate. Mark Green of Montgomery County is still smarting from withdrawing his name from consideration as Secretary of the Army, but he is still pondering an electoral run for a federal office or perhaps another appointed federal position. Mae Beavers of Wilson County has begun her gubernatorial campaign. Bill Ketron of Rutherford County is pondering a run for County Mayor in 2018, and that race has a May primary before the August general election. Mark Norris of Shelby County has been nominated to be federal district court judge.

Stay Tuned The official qualifying deadline is 12:00pm on Thursday, February 15, 2018, for local offices such as Davidson County General Sessions Court and Chancery Court with a May primary and August general election. The qualifying deadline is 12:00om on Thursday, April 5, 2018, for state and federal offices in the regular August and November election cycle.

Checklist for August 1. Write a note to your federal elected officials asking them to support full funding for the Legal Services Corporation.

2. Plan to attend the NBA Karaoke Happy Hour (aka Tuesday Night Fever)

16

Peggy Sue, the Beagle Hound (continued from page 15)

on August 22 at Alley Taps in Printers Alley. You may also elect sing (or howl) if you are so inclined. Get your name on the VIP list at NashvilleBar.org/TuesdayNightFever.

3. Register for The Watergate CLE with John Dean and James Robenalt on August 29 at Montgomery Bell Academy to receive 3.0 dual CLE credits. Visit NashvilleBar.org/Watergate for details.

LAWYER REFERRAL & INFORMATION SERVICE

Calendar Notes State and NBA offices will be closed Monday, September 4, for the Labor Day holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to get a hold of.

If you knew Peggy Sue Then you’d know why I feel blue Without Peggy, my Peggy Sue Oh well, I love you, gal Yes, I love you Peggy Sue

Does your practice area focus on immigration?

If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle immigration matters, such as: Waivers

Peggy Sue, Peggy Sue Oh, how my heart yearns for you Oh, Peggy, my Peggy Sue Oh well, I love you, gal Yes, I love you Peggy Sue

Civil & Worker’s Rights

Peggy Sue, Peggy Sue Pretty, pretty, pretty, pretty, Peggy Sue Oh, Peggy, my Peggy Sue Oh well, I love you, gal And I need you, Peggy Sue

For information on joining the NBA LRIS, contact Wendy.Cozby@ nashvillebar.org or visit NashvilleBar. org/LRISAttorneyRegistration. We look forward to hearing from you!

—Buddy Holly, 1957

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Immigration Appeals

Immigration Court

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

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

iOS 11 (Beta Version) & iPad Pro Laptop Replacement at Last?

Ever since Steven Jobs released the first iPad in April 2010, Apple has claimed that the iPad will ultimately replace the laptop computer for both business and personal use. That prediction has yet to come to pass, and, in fact, iPad sales have been decreasing since its sales apex in 2013.

Now, however, Apple has released two new iPad Pro models, and it has released a Beta (trial) version of iOS 11.

Apple now claims that when iOS 11 is combined with the iPad Pro models, it truly becomes a “laptop killer.” We have two observations about these developments. First, we are still not convinced that an iPad can be a complete laptop replacement. Second, since we are the suspicious type, we believe Apple has created the new iPad Pro models and iOS 11 in an effort to convince buyers to ditch their old iPads and buy a new iPad Pro—since the compelling features of the new iOS 11 certainly work best with an iPad Pro. First, let’s talk about the iPad Pro models. After seven years, Apple—with these new pro devices—has taken a giant step forward in its attempt to make the iPad a laptop killer. The 12.9” iPad Pro is not significantly different from previous 12.9” versions, but it does have a faster processor and some other bells and whistles. The big change is in the smaller iPad Pro. The smaller iPad Pro is now a 10.5” model rather than a 9.7” model. The 10.5” is exactly the same overall size as the 9.7”, but it has a thinner bezel, so it now has a 10.5” screen rather than a 9.7” screen. Both models

have a long battery life—significantly longer than most laptop computers.

Apple’s new A10X processor is extremely powerful and fast, and it is very stable when combined with iOS 11.

However, both models are expensive.

The 10.5” model sells for $649 for a 64-gigabyte model, and the 12.9” model costs $150 more than the 10.5”. In order to take full advantage of the capabilities of the Pro models and move it closer to a laptop replacement, you will need to buy a keyboard (cost approximately $159) and the Apple Pencil ($99). It won’t be long until you have $1,000 in your potential laptop killer. We believe you can buy a very, very good laptop computer for $1,000.

Now, onto iOS 11. Although the iOS 11 is still in its beta version, anyone can download and give it a try. There are numerous great features of iOS 11, and it is a substantial improvement over previous iPad operating systems. We experienced a slight learning curve when we tried it out, but the curve was not so steep that it prevented us from taking

advantage of these new features. The biggest change in the operating system is probably in the control center. The look is completely different when you swipe the screen to the right. You get an almost unlimited number of “toggles” you can add to the control center screen for easy access. But don’t get carried away—if you add too many, it will be hard to find the ones you use most often.

Bill’s favorite new feature is the Notes app. He uses it a lot in his dayto-day personal and work life. Notes now supports drag and drop, a built-in scanner, handwriting markup tools, and handwriting recognition. You can tap on the home screen with your iPad pencil, and it will automatically open up Notes.

You can then jot down notes, and they will be converted into text—as long as your handwriting is not too terrible.

Another great feature is the brand new Files app. On older iPad and iOS versions, you could not easily manage files stored on the iPad or on Cloud services. Now there is a dedicated app that allows you to manage your file storage and easily find the files you need, when you need them.

Another neat feature is the new “dock.” It sits at the bottom of the screen ready to pop back up when you need it. You can use it to drag one app over another, for example. The “floating” app will be in a separate window, or you can snap it to the side. You can also drag and drop content between apps, which can be very handy and is “laptop-like.”

There are many more neat, new (continued on page 30)

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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Changes to Dept of State... | Waiver ban is controlled by the Department of Homeland Security. Nationals of visa waiver countries who have dual citizenship in Iraq, Syria, Iran, or Sudan also are banned from visa waiver travel.

A new optional question on the ESTA application requests social media information: “Please enter information associated with your online presence–Provider/Platform–Social media identifier.” Although social media handle questions are mandatory for visa applicants warranting additional scrutiny, they are optional for visa waiver applicants – for now.

Changes to Processing Times President Trump amended a 2012 executive order (titled Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness) that mandated 80% of visa applications be processed within three weeks.8 The new executive order deletes the mandate.9 This change signals a broad shift in attitude to visa applicants from around the world.

Rose Hernandez (continued from page 8)

Possible Effects of New and Forthcoming Policy What does this mean for the majority of travelers—even those from one of the 38 countries in the visa waiver program?

First, the more stringent approach will lead to a backlog at some or all U.S. consulates around the world. Secretary Tillerson admitted that delay in visa issuance was a likely effect of the new policy. It is clear that there will be a significant increase in demands for information from many visa applicants, not just those who come from one of the six countries named in the travel ban.

It will be difficult for individuals to anticipate when enhanced scrutiny is likely to occur. For example, littered throughout the cables is language regarding heightened scrutiny implementation on applicants who have visited or lived in areas controlled by ISIS. This is vague language that can seemingly be applied in various ways with little notice to applicants.

The executive branch’s power over immigration matters can be checked by the courts as we have seen with the

FRANKLIN PRO VIDEO SERVICES, LLC The Historical Committee has completed over 50 oral histories of NBA members!

THANK YOU to Heather Watkins at Franklin Pro Video Services, LLC for donating time to make this possible!

Nashville, TN 37064 | 615-613-1245 Any NBA member age 65 or older may record an oral history.

For information or to schedule your time, contact Gareth Aden at Gaden@gsrm.com or Hal Hardin at HalHardin@aol.com.

18

NASHVILLE BAR JOURNAL | AUG/SEP 2017

saga of the executive order travel ban. In the context of visa adjudications abroad, however, the U.S. Supreme Court’s doctrine of consular non-reviewability has ceded almost total control to the executive branch through the Department of State.10 As such, the Trump Administration likely will lean more on extreme vetting at the U.S. consulate level. n Endnotes 1 Exec. Order No. 13,780, 82 Fed. Reg. 13,209 (Mar. 9, 2017).

2 Trump v. IRAP, 582 U.S. __, Nos. 16-1436 (16A1190), 16-1540 (16A1191), 2017 WL 2722580, at *6 (June 26, 2017).

3 U.S. Department of State, Executive Order on Visas (June 29, 2017), available at Travel.

State.gov/content/travel/en/news/importantannouncement.html.

4

See id.

5 Notice of Information Collection under OMB Emergency Review: Supplemental Questions for Visa Applicants, 82 Fed. Reg. 20,956 (May 4, 2017).

6

Id.

7 See U.S. Customs and Border Protection, Visa Waiver Improvement Program and Terrorist Travel Prevention Act Frequently Asked Questions (June 19, 2017), www.cbp.gov/ travel/international-visitors/visa-waiver-program/ visa-waiver-program-improvement-and-terroristtravel-prevention-act-faq.

8 Executive Order 13597, 77 Fed. Reg. 3373 (Jan. 19, 2012).

9 Executive Order 13802, 82 Fed. Reg. 28,747 (June 21, 2017).

10 Milen Saev, Kerry v. Din, Tenn. Bar J. 22-24 (Nov. 2015).

ROSE HERNANDEZ is a partner at Saev Hernandez Immigration Practice. Her work focuses on permanent residence through employment, particularly the labor certification process. Hernandez is co-chair of the Immigration Committee of the NBA and thanks law clerks Joshua Evans and Matthew Freda for their contributions to this Article.

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. F RI DAY, AUGUST 11 | LIVE SEM I N A R

FR I D AY, A U GU S T 18 | LI V E SEM IN A R

I’M WITH THE BANNED (NO LONGER)

GOVERNMENT PRACTICE

OVERVIEW

The NBA Government Practice CLE seminars are scheduled for Friday, August 18, and Friday, December 15. Each program will offer 6 hours of CLE credit, with the December program offering 3 hours of dual (ethics) credit. Register for both programs and save $125 off the cost of admission. Full agendas available at NashvilleBar.org/GovernmentCLE.

Recently the disparagement clause of the Lanham Act was declared facially unconstitutional in violation of the First Amendment’s free speech clause. Join us for a presentation discussing the Supreme Court’s decision in Matal v. Tam.

OVERVIEW

PRESENTERS

Timothy L. Capria, Bradley Alexandra MacKay, Stites & Harbison, PLLC

Shauna R. Billingsley, City of Franklin Law Department Andree Blumstein, Solicitor General Rachel Buckley, Tennessee Comptroller of the Treasury Paul D. Krivacka, Central Procurement Office Lee Pope, Tennessee Comptroller of the Treasury Nathan Ridley, Bradley, LLP Robyn Ryan, Commerce and Insurance Sara Sedgwick, Office of the Attorney General Jonathan Shaub, Solicitor General’s Office Hon. Bill Young, Chancellor, Davidson County Chancery Court Mandy Haynes Young, Butler Snow, LLP

D E TA I L S

D E TA I L S

Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 – 8:00am

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00am – 4:15pm

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

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0 General

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Location. . . . . . . . . . . . . . . . . . . . AT&T Building, 2nd Fl Theater

COST

COST

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45

August 18 CLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

December 15 CLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250

For registration after August 9, add a $10 late fee.

August 18 & December 15 CLEs. . . . . . . . . . . . . . . . . . . . $375

This seminar is brought to you by the Entertainment, Sports & Media Law and Intellectual Property committees.

PRESENTERS

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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T UE S DAY, AUGUST 2 9 | LIVE SEMIN A R

TH U R S D AY, A U G U S T 31 | LI V E S EM IN A R

THE WATERGATE CLE

PAYING FOR LONG TERM CARE

Featuring John W. Dean & James D. Robenalt

OVERVIEW

OVERVIEW The Nixon Watergate scandal changed the world. John Dean, President Nixon’s Chief White House Counsel, played a key role and testified at Senate Watergate Committee hearings that were watched by millions. Both the Watergate scandal and Dean’s principle-driven actions ushered in much needed legal ethics reforms in the United States.

Participants can expect to gain a working insight into what insurance programs are available for seniors and disabled persons and potential problems associated with these programs. Learn the basics of qualification for TennCare long term care and homebased care benefits as well as Veterans Administration benefits for veterans and surviving spouses who need assistance. Gain a working knowledge of special needs trusts and ABLE savings plans for assisting clients with special needs or relatives of special needs persons wanting to include special needs planning in their estate plans.

PRESENTERS

Over 40 years ago, Richard Nixon became the only president in U.S. history to resign, in large part because of disclosures about the Watergate scandal by his White House counsel, John Dean. During this presentation, Dean will be joined by nationally renowned trial expert James D. Robenalt as they tie this historic chain of events to the ethical issues you likely face every day in your practice.

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 1:30pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 4:50pm

PRESENTERS

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 General

John W. Dean James D. Robenalt

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

D E TA I L S

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . Montgomery Bell Academy | Paschal Theater COST NBA Associate or Law Student Members . . . . . . . . . . . . . $99* NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $149* Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $249 For registration after August 22, add a $25 late fee. *The CLE Easy Pass is not eligible for use with this program.

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Therese Casler, Casler Senior Compass, LLC Travenia Holden, Holden Law Office Rachelle Gallimore-Scruggs, Director, Office of Conservator Management Karl D. Warden, JD, LLM, Karl D. Warden, JD, LLM

NASHVILLE BAR JOURNAL | AUG/SEP 2017

COST Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after August 29, add a $10 late fee.

T UE S DAY, SEPTEMBER 1 2 | LIVE S E M I N A R

TU E S D AY, S E P TE M B E R 26 | LI V E SEM IN A R

ETHICAL AND EFFECTIVE MARKETING THROUGH YOUR LAW FIRM WEBSITE

PRACTICE TIPS & INSIGHTS ON THE BUSINESS COURT DOCKET

OVERVIEW

Join Chancellor Ellen Hobbs Lyle for a presentation on the Tennessee Supreme Court’s Business Court Docket Pilot Project being operated here in Davidson County. The discussion will include basic information about the business court concept, as well as detailed information about the operation of the Pilot Project that will interest practitioners in this area.

Legal practitioners are not always aware of their names popping up on search engines listing them as an “expert” in a field of law. The Rules are very clear on how you can be listed as an expert, but what if you don’t know you’re being listed? What if your website doesn’t even say you’re an expert? How is that word even showing up on search engines? There is a lot behind the scenes that tread on violation of 7.1. You’ll learn about that, as well as some great marketing tips for using video and blogging to boost your business.

You will learn from our experienced presenters the tools and strategies you need to avoid ethical issues that can be created through your website. Stay up-to-date on the ethical rules—like 5.3—that govern marketing through your website, how digital marketing works, ways to assess the content on your website, and how the two year rule—7.2(b)—can be met through skillful use of analytics.

OVERVIEW

PRESENTER Hon. Ellen Hobbs Lyle, Davidson County Chancellor, Part III D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . Chancellor Lyle’s Courtroom, 4th Fl . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Historic Metro Courthouse

PRESENTERS

COST

Sandra Garrett, Board of Professional Responsibility Jane C. Harrison, JD, Kinnard, Clayton & Beveridge

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45

D E TA I L S

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after September 22, add a $10 late fee.

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 2:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:00 – 4:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189 For registration after September 8, add a $10 late fee.

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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P LI LIVE WEBCASTS Li ve CL E Credit f r om Innov a t iv e We bc ast s

N B A O N LI N E S E M I N A R S P ersonal i z ed Learni ng on Your S c h e d u le

is the exclusive online support network for the NBA.

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.

17th Annual Municipal Law Institute August 14, 8:00am – 4:00pm 1.0 Dual | 5.25 General Complimentary breakfast included.

Electronic Discovery Nuts & Bolts September 6, 12:00 – 3:30pm Marketplace Lending and Crowdfunding September 7, 8:00am – 4:00pm

3.0 General

Check out our online seminars at NashvilleBar.org/CLE and register now. There is a variety of relevant and focused topics to choose from including the four new sessions on marijuana laws in Tennessee: THC — Testing, History & Conversation Surrounding the State of Marijuana Laws in Tennessee

6.25 General

Complimentary breakfast included.

Think Like a Lawyer, Talk Like a Geek: Get Fluent in Technology September 14, 8:00am – 4:00pm 1.0 Dual | 5.25 General Complimentary breakfast included.

Electronic Discovery Institute: What Corporate and Outside Counsel Need to Know September 18, 8:00am – 4:00pm 1.0 Dual | 5.0 General Complimentary breakfast included.

Intellectual Property Law Institute October 2-3, 8:00am – 3:15pm 1.0 Dual | 10.5 General Complimentary breakfast included.

Securities Law and Practice: How the SEC Works October 27, 8:00 – 11:30am 1.0 Dual | 2.0 General Complimentary breakfast included.

Developments in Pharmaceutical and Biotech Patent Law November 1, 8:00am – 4:00pm 1.0 Dual | 5.0 General Complimentary breakfast included.

22

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Part 1: Historical Perspective | 1.0 General Part 2: State v. Local | 1.0 General Part 3: Civil Asset Forfeiture | 1.0 General Part 4: What’s on the Horizon | 1.0 General Join us for a conversation about the ever-changing laws related to marijuana in Tennessee. This seminar follows the passage of the measure by the Nashville Metro Council and the recent Attorney General opinion.

W E BI NARS | FEATURING SEAN CARTE R , E S Q. La ugh While You Le a r n

M A R K Y O U R C A LE N D AR S Save the date for these highly anticipated upcoming seminars!

Employment Law Institute October 4 12:00 – 4:30pm 4.0 General NASHTECH (see page 26 for details) October 6 8:00am – 6:00pm 5.0 General

From Competence to Excellence: The Ethycal Imperative for Excellent Client Service August 15, 12:00 – 1:00pm 1.0 Dual It’s Not the Fruit, It’s the Root: Getting to the Bottom of Our Ethical Ills August 22, 12:00 – 1:00pm

1.0 Dual

Yelp, I’ve Fallen for Social Media and I Can’t LinkedOut: The Ethical Pitfalls of Social Media August 29, 12:00 – 1:00pm 1.0 Dual Staying Within the Lines: Avoiding Ethical Penalties & Infractions September 11, 12:00 – 1:00pm

1.0 Dual

The Ties That Bind: Avoiding Inappropriate Entanglements in the Practice of Law September 19, 12:00 – 1:00pm 1.0 Dual Nice Lawyers Finish First September 26, 12:00 – 1:00pm

1.0 Dual

Estate Planning and Probate Practice Institute October 12 12:00 – 4:20pm 4.0 General Family Law Institute October 19 12:00 – 4:30pm 4.0 General Marcia Trimble November 2 1:00 – 4:30pm 3.0 Dual The Bourbon Trail CLE November 3 Kentucky Annual Ethics, Lies, and Videotape, Part XV November 17 1:00 – 4:15pm 3.0 Dual Annual Entertainment, Sports & Media Law Institute December 1 1.0 Dual & 5.0 General Much Ado About Ethics December 8 1:00 – 4:15pm 3.0 Dual Visit NashvilleBar.org/CLE for updates.

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

23

GET A CLE EASY PASS & GO! EASY PASSES PASSES TO TO CHOOSE CHOOSE FROM: FROM: 33 EASY

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Valid from Nov 1, 2016 to Oct 31, 2017.

Purchase your members-only CLE Easy Pass now, and save up to $255 on cutting edge CLE! Choose a CLE Easy Pass that fits your “Live” CLE hour needs and your budget. For questions or to purchase your CLE Easy Pass, email NBA_CLE@nashvillebar.org or call 615-242-9272.

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CANCELLATION: No refund or credit will be issued after 5:00pm two business days ahead of the seminar; however, a substitute may attend for a registered participant. CLE EASY PASS HOLDERS: Cancellation must be received by 5:00pm two business days ahead of the seminar to retain CLE Easy Pass hours.

CLE Easy Passes are non-transferable, and a substitute may not attend for an Easy Pass Holder.

24

NASHVILLE BAR JOURNAL | AUG/SEP 2017

NBA Career Center Employers • Post jobs quickly and easily • Limit applicants to only qualified

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THE #1 CONFERENCE FOR GROWTH-ORIENTED LAW FIRMS & THEIR CLIENTS OCTOBER 6, NASHVILLE MUSIC CITY CENTER

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

UPDATED CYBER SECURITY SCORECARD TO BE UNVEILED LOGICFORCE’s Law Firm Cyber Security Scorecard created quite a stir in the legal industry. Nearly every major legal publication carried news of the findings of the scorecard.

But we’re not done yet. Join us at NASHTECH 2017 on October 6 as we unveil the next edition of the Law Firm Cyber Security Scorecard.

Be the first to know how the legal industry is responding to cyber threats. Compare your law firm’s operations to bestin-class so you can stay ahead of the curve.

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TECH CHECK

Prepare for an Audit! | When it comes to data management and cybersecurity, law firms increasingly are being forced to invest in people, system upgrades, and third-party audits—or risk losing the very clients they work so hard to maintain. LOGICFORCE recently released the first edition of its Law Firm Cyber Security Scorecard, and the statistics are alarming. A key finding is that 34% of the 200 law firms in the study had their data management, cybersecurity policies, and IT practices audited by at least one client last year. That percentage is expected to grow to 65% by 2018. Failure to comply with these audits has resulted in disqualification and loss of future business as corporate procurement and compliance departments influence continues to grow over the selection of outside counsel. Eighteen percent of firms reported the loss of at least one client due to their failure to meet their client’s standards.

According to a Law 360 report, law firm managing partners list cyber security as their number three priority, behind financial profits and generating revenue. Ironically, even though cybersecurity seems to be an area of particular focus, the scorecard data illustrates that law firms continue to struggle with making operational investments and instituting practices that do not provide a quantifiable financial return. Thus, they jeopardize their reputations, client relationships, and financial well-being—especially when you consider that 40% of the breaches that occurred in the study went undetected by the law firm and only 23% of law firms carry cybersecurity insurance.

Recent examples of high-profile hacks include (1) the Panama Papers, where hackers accessed and made

Jordan McQuown

available to the public more than 11 million documents from the Panama-based law firm Mossack Fonseca; (2) Cravath, Swaine & Moore and Weil Gotshal & Manges, where hackers reportedly used information stolen from the firms in an attempt to make millions via insider trading; and (3) last week’s highly publicized ransomware attack on DLA Piper that resulted in the shutdown of the firm’s computer and telephone systems are very concerning. The study shows, however, that all firms regardless of size are in constant jeopardy of breach with an average of 10,000 intrusion attempts daily. The fact is many successful hacks simply do not get media attention but come with the same repercussions.

One such example is Moses Afonso Ryan, a 10-lawyer firm in Providence, R.I., which reportedly paid $25,000 in ransom following a ransomware attack that locked the firm’s computer network (including the files on the network) for three months, and claimed to have lost $700,000 in billing during this time.

Some other key findings are as follows:

• 95% of law firms were not compli- ant with their own data manage- ment and cybersecurity policies;

• 100% of law firms were not com- pliant with their client’s data man- agement and cybersecurity policies; • 53% of law firms have no incident response plan; • 79% of law firms have not imple mented multifactor authentication; • 80% of law firms do not vet the risk of third party service providers; • 88% of AMLAW firms have a cyber security practice.

Thus, it truly is not a question of if, but when a breach will occur. Either law firm leaders must realize they are in the data management and cybersecurity business and are proactively investing in their IT ecosystem in concert with their data management and eDiscovery practices, or they will continue to see a decreasing potential client pool. The firms that get it right will not only improve their overall security and retain clients but also grow revenues and profit—the end game for every business in today’s cyber world. n JORDAN MCQUOWN is the CIO at LOGICFORCE. His mission is to set the technology roadmap across the organization.

He also leads the efforts of the Information Security business unit which provides proactive and reactive information security services to law firms and their clients. He specializes in information technology, cyber security, electronic discovery, and digital forensics.

Join us on October 6 at the Music City Center at the second annual NASHTECH conference—brought to you by LOGICFORCE and the NBA—and earn 5 CLE credits in one day! Visit NashTechConference.com for more details and registration information. n

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

27

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 our annual Attorney Directory. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Patterson Intellectual Property Law, PC (17)

Aaron | Sanders, PLLC (3)

Holton & Mayberry, PC (4)

Anderson & Reynolds, PLC (3) Baker Donelson (110)

Keller, Turner, Ruth, Andrews & Ghanem, PLLC (7)

Raybin & Weissman, PC (6)

Bone McAllester Norton, PLLC (40)

Larry R. Williams, PLLC (3)

Reid Leitner Law Group, PLLC (3)

Branstetter, Stranch & Jennings, PLLC (15)

Law Office of Bart Durham (5)

Reno & Cavanaugh, PLLC (8)

Law Offices of John Day, PC (7)

Riggs Davie, PLC (3)

Brewer, Krause, Brooks & Chastain, PLLC (12)

LBMC, PC (3)

Riley, Warnock & Jacobson, PLC (19)

Leader, Bulso & Nolan, PLC (6)

Robinson, Reagan & Young, PLLC (4)

Buffaloe & Vallejo, PLC (4)

Legal Aid Society of Middle TN (12)

Rogers, Kamm & Shea (6)

Burr & Forman, LLP (24)

Rothschild & Ausbrooks, PLLC (3)

Butler Snow (58)

Leitner, Williams, Dooley & Napolitan, PLLC (12)

Cameron Worley, PC (3)

Lewis Thomason (28)

Cole Law Group (3)

Lieff, Cabraser, Heimann

Shackelford, Bowen, McKinley & Norton, LLP (7)

Cornelius & Collins, LLP (17)

& Bernstein, LLP (4)

Dickinson Wright, PLLC (27)

Littler Mendelson, PC (8)

Sherrard Roe Voigt & Harbison, PLC (35)

Dobbins, Venick, Kuhn & Byassee, PLLC (3)

Loeb & Loeb, LLP (5)

Sims|Funk (3) Smith & Tomkins (3)

Dodson Parker Behm & Capparella, PC (10)

Martin Heller Potempa & Sheppard, PLLC (6)

Smythe Huff & Hayden, PC (3)

McAngus Goudelock & Courie, LLC (7)

Spicer Rudstrom, PLLC (14)

Evans, Jones & Reynolds, PC (6)

MTR Family Law, PLLC (5)

Stites & Harbison, PLLC (31)

FordHarrison LLP (3)

Nashville Electric Service (4)

Frost Brown Todd, LLC (27)

Neal & Harwell, PLC (31)

Taylor, Pigue, Marchetti, & Blair, PLLC (7)

Grissim & Hodges (3)

The Collins Law Firm, PLLC (6)

Gullett, Sanford, Robinson & Martin, PLLC (30)

Nelson, Mullins, Riley & Scarborough (17) North, Pursell & Ramos, PLC (8)

Veazey & Tucker (3)

Hall Booth Smith, PC (13)

Oagletree, Deakins, Nash,

Watkins & McNeilly, PLLC (11)

Harrington Law Office (3)

Smoak & Stewart, PC (14)

Hawkins Hogan, PLC (3)

Ortale Kelley Law Firm (23)

Healthcare Realty Trust, Inc. (3)

OspreyIP, PLLC (4)

28

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Rudy Winstead Turner, PLLC (4)

Trauger & Tuke (5)

Weatherly, McNally & Dixon, PLC (3) Wiseman Ashworth Law Group, PLC (7)

Editorial |

Everette Parrish

Juvenile Immigrants

The Power of Tennessee Courts in Federal Law Juveniles who are not legal U.S. residents but live in Tennessee have a powerful ally in State Juvenile Courts. Just like the “tail wagging the dog”, Tennessee courts with juvenile jurisdiction1 issue orders that the federal government may rely on to lawfully grant citizenship to juveniles under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.2 If the court finds it is in the youth’s best interest to remain in the country and that reuniting the youth with a parent is not possible due to abuse, abandonment, or neglect, then the status of “Special Immigration Juvenile” (SIJ) may be applied to the youth seeking lawful citizenship.3 For a child in America who is not a citizen, the best outcome is often lawful permanent residence, so that the youth may become a naturalized citizen of the United States. State agencies refer to this application process as one seeking “lawful permanent resident” status or “LPR.” Immigrants know it as getting a “Green Card.” According to 8 U.S.C. § 1101 (a)(20), the Aliens and Nationality Act, “[t] he term ‘lawfully admitted for permanent residence’ means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.” Section (a)(13)(A) defines “admission” as,

“with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.”

The U.S. Citizenship and Immigration Services (USCIS) is the responsible agency that determines SIJ status. The required form to be completed is entitled, “Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.” The form’s instructions state that to be eligible for SIJ status, the juvenile must be:

1. Present in the United States; 2. Unmarried and under 21 years old; 3. Declared dependent by a juvenile court or placed in the custody of a state, individual or entity; 4. Determined by a juvenile court to not be able to be re united with one or both parents due to abuse, neglect, abandonment or the like under Tennessee law; and 5. The subject of the court’s determination that it would not be in the juvenile’s best interest to be returned to the country of citizenship or last habitual residence.

The juvenile’s birth certificate or evidence of age must be included with the completed petition form, along with the relevant

(continued on page 30)

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

29

Editorial |

Juvenile Immigrants (continued from page 29)

court orders. Best practices for Tennessee attorneys assisting clients in SIJ status matters include contemporaneously submitting with the I-360 form any affidavits, specific findings of fact, and other relevant evidence that establish the findings contained in the court orders. Court orders alone should not be relied upon exclusively if there are other factual accounts within the individual juvenile’s story which would compel consideration of this special status by USCIS. Additional requirements apply if the juvenile is in the custody of the U.S. Department of Health and Human Services (HHS).5 The Administrative Office of the Courts’ website offers a Juvenile Court 2015 Mid-Winter Conference presentation by Steven Weller of the Center for Public Policy Studies entitled, Immigration Issues in Child Welfare Proceedings.

It states, “SIJ status is not a grant of permanent residency. In order to remain permanently in the U.S., the juvenile must file a separate application for adjustment to LPR (Green Card) status. The grant of SIJ status does not guarantee that USCIS will grant LPR status.”6 The presentation also lists other conditions that may prevent LPR status, including the following:

30

• Known or reasonably believed to have engaged in drug trafficking; • Being a drug addict; • Having engaged in prostitution; • Violation of protection order; • Use of false documents; • Having a mental condition that is a threat to others; or • Violent offenses, sex offenses, and gang activities which can be particularly problematic for the juve nile, as these offenses can lead to denial of any immigration benefits.

In the past two years, the number of petitions under SIJ status have increased dramatically. Statistical data from the U.S. Citizenship and Immigration Services report that in 2010-2014, only a few thousand petitions were received in any given year, while in 2015 the number rose to 11,500, and in 2016, to nearly 20,000. There is currently a 10,000-case backlog of pending applications, but the percentage of those approved, once processed, is over 90%.7 Changes to the present laws affecting SIJ status may be monitored by following the House of Representatives bill, H.R. 391, Asylum Reform and Border Protection Act of 2017, introduced on January 10 and co-sponsored by Representative Diane Black of Tennessee. n Endnotes 1

Tenn. Code Ann. § 37-1-103, 104 (2017).

2

Pub. L. 110–457, 122 Stat. 5044.

3

8 U.S.C § 1101(a)(27)(J) (2015).

Gadget of the Month (Continued from page 17)

features in iOS 11 when combined with the iPad Pro. We really like them a lot, but we still cling to our laptops. There are many iPad apps that do everything we need to do for office and work, but we do not feel we can meaningfully work without a mouse and menus. iPads will not allow the use of a mouse.

We think “mouselessness” is a real draw back. We just cannot get used to all the mouseless pinching, holding, swiping, dragging, and all that stuff. Maybe this is just an indication that we are old fossils and can’t get used to the new interface metaphors and the new ways iOS 11 and the iPad Pro do things.

We understand the power, and the ability is there. We just don’t think it works as well as the traditional menu-driven mouse-centered interface. But, the new iPad system is getting there. If you can afford it, give it a try. n

U.S. Citizenship & Immigration Services, Green Card (rev. July 10, 2017), Uscis.gov/greencard.

See you online next month.

For additional resources on this standalone topic, refer to the HHS Office of Refugee Resettlement, Acf.hhs.gov/org.

— Bill and Phil

4

5

Steven Weller, Presentation Materials for Center for Public Policy Studies and the State Courts Initiative, Immigration Issues in Child Welfare Proceedings, (Feb. 13, 2015), available at Tennessee Administrative Office of Courts website, Tsc.state.tn.us/sites/default/files/docs/ weller_tennessee_slides_2-13-15.ppt.

6

USCIS, Data Set Form I-360 Petition for Special Immigrant Juveniles (data organized by fiscal year quarters 2012-2017), Uscis.gov/tools/ reports-studies/immigration-forms-data/data-setform-i-360-petition-special-immigrant-juveniles.

See the second quarter of fiscal year 2017 for the most recent data.

7

NASHVILLE BAR JOURNAL | AUG/SEP 2017

EVERETTE PARRISH is a regular contributing committee member of the Nashville Bar Journal and maintains a juvenile, family, and criminal defense practice in middle TN.

We have expanded our civil rights and public interest practice into the South with the opening of our Nashville office.

David Sanford Chairman

Jeremy Heisler

New York Managing Partner

Kevin Sharp

Nashville Managing Partner

Sanford Heisler Sharp represents attorneys and executives nationwide in gender and race discrimination matters. We represent employees in wage and hour cases, relators in qui tam actions, and victims of a broad range of financial abuse.

New York

Washington, DC

San Francisco

San Diego

Nashville

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

sanfordheisler.com

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PHOTO GALLERY

June & July 2017 Summer Highlights

YLD’s “Study Break” Happy Hour at Jackalope Brewery

NBA Family Zoo Day

NBA Family Zoo Day 32

NASHVILLE BAR JOURNAL | AUG/SEP 2017

PHOTO GALLERY

June & July 2017 Summer Highlights

NBA Happy Hour + Sounds Game Night

The Circuit & Chancery Court Committee’s Collegiality Coffee

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

33

Welcome New Members!

Congratulations on your new membership! Thank you for joining the NBA and all that it has to offer. We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org for questions and general information.

NEW MEMBERS (MAY 1 - JUNE 30) Patrick G. Aerts Ashton Banta Christopher Beverly Meredith Billings Rachel Dix Bishop Fred Bissinger Eliot Blackburn Diana L. Bradford Jerry A. Bridenbaugh William L. Burns, IV Jackson Cates Kevin Christopher Sam Coleman

Joseph B. Damon Janae P. Davis Kerry Dietz Jeremy L. Elrod Alexander Fasching Brandon D. Fersten T. Roe Frazer, II Kelley Gilbert Sonja Hann Emily Harvey Robert C. Haskins Brittany N. Hayes T. Leigh Hearn-Rushton

Joe Heeter Stephanie Hoffmann Ann E. Hogan Kirsten L. Jacobson Robert D. James Mark A. Kilgore Tara M. Lay Elizabeth Logsdon Matthew B. Long Sarah Beth Loucks Peter C. Louis Gene Martin Jocelyn D. Mims

Free. Anonymous. Confidential.

Local: (615) 741-3238 Toll Free: (877) 424-8527 www.tlap.org 34

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Lee T. Nutini Alexandra Owen Ansley F. Owens Byron Pugh Shane Ramsey Evan S. Rothey Grant L. Ruhl Bradley J. Sayles Thomas J. Smith Chelsea Sudbury Woodrow Trondsen Andrew Vance Ashley Wilson

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.

2017 PREMIER MEMBERS

Gail Vaughn Ashworth

Aubrey Harwell, Jr.

Andrea Perry

Heidi Barcus

Trey Harwell

Tracy Powell

Mark Beveridge

Lisa Helton

David Raybin

Hon. Joe Binkley, Jr.

Jamie Hollin

Sara Reynolds

Jonathan Bobbit

Paul Housch

Nathan H. Ridley

Charles Bone

Margaret Huff

George Rowlett

C. Dewey Branstetter, Jr.

R. Jan Jennings

Carolyn Schott

Kenneth Byrd

J. Phillip Jones

Kimberly Silvus

Christopher Cardwell

Andrew Kaufman

Eric Smith

Kay Caudle

Jordan Keller

Saul Solomon

Mark Chalos

John Kitch

John Spragens

William Cheek, III

Hon. William Koch, Jr.

Joycelyn Stevenson

John Ray Clemmons

Irwin Kuhn

Michael Stewart

Hon. Patricia Cottrell

Ed Lanquist, Jr.

James Stranch, III

John Day

Thomas Lawless

James Stranch, IV

Joy Day

Claudia Levy

Claire Thomas

Karl Dean

Hon. Randal Mashburn

Hon. Aleta Trauger

Jacqueline Dixon

Sam McAllester, III

Howard Vogel

David Downard

Hon. Amanda McClendon

Michael Wall

Blair Durham

Rocky McElhaney, II

Elizabeth Washko

John Floyd

Bob Mendes

Jim Weatherly, Jr.

Keith Frazier

Jeffrey Mobley

Peter Weiss

Grant Glassford

Margaret Moore

Thomas White

Richard Green

Marlene Moses

Larry Williams

John Griffin, Jr.

Patricia Head Moskal

Thomas Wiseman, III

Jay Harbison

Mattison Painter

Ed Yarbrough

William Harbison

Rose Palermo

Stephen Young

Hon. Marian Harrison

Gregory Pease

Stephen Zralek

AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS AND SERVICES!

The Affinity Program is a partnership between the NBA and local businesses that fosters a mutually beneficial relationship between the NBA, its members, and participating local businesses. In order to take advantage of these new member benefits, present your NBA membership card to the business. Don’t have a membership card? Email Mariel.Zelhart@nashvillebar.org and she will send one your way!

Save 10% on case management software, private cloud solutions, and fully managed solutions portfolios.

Receive 10% off a purchase of $30 or more.

Promotional value valid on food and beverages.

Minimum purchase of $30 is required, before tax and gratuity. Available at both the Nashville and Brentwood locations.

(Midtown & Brentwood)

Save 20% off all menu items. Alcohol excluded.

Cannot combine with other offers. (Downtown)

Receive a 25% discount on three books: Day on Torts: Leading Cases in Tennessee Tort Law (3rd Edition & 2016 Supplement), Tennessee Law of Civil Trial (2014), and Tennessee Tort Reform Statutes and Related Case Law (20082016) (Green Hills)

Receive a complimentary dessert with the purchase of an entrée. (12 South) Receive 10% off of your lunch or dinner order.

Excludes alcohol. (Midtown)

Receive 15% off all services offered.

(Brentwood) Receive 10% off any resume rewrite. Valued at $300. (Green Hills)

Receive 10% off all corporate bulk orders. To redeem, call Batch at 615-931-3912.

(Germantown) Receive 15% off any purchase at the Goo Goo Shop and Dessert Bar. (Downtown/SoBro)

Sign up for a complimentary Brooks Brothers Corporate Membership Card online at BrooksBrothers.com. As a Brooks Brothers Corporate Member, you will receive an everyday 15% savings on full priced merchandise at Brooks Brothers stores, by phone, and online at BrooksBrothers.com. (Midtown & Brentwood)

36

Receive 20% off all services offered.

(Green Hills)

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Get to and from select NBA events with ease thanks to our ridesharing partner, Lyft! If you’re new to Lyft, visit lyft.com/i/nba2017 and you’ll get up to $10 each of your first 5 rides. Already have Lyft? Save 10% off two rides to/from select events with the code provided to you in event promotions at NashvilleBar.org. (Nashville)

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(Sylvan Park)

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Receive 10% off Pilates equipment, classes, and class packages. Not applicable on membership or unlimited packages. (Melrose)

POLISHED First-time clients receive a free haircut with any color service; $5 off blowout services.

(Green Hills)

All members will receive employee pricing on new and pre-owned vehicles (excludes limited edition vehicles), 10% discount on service and parts at both locations, personal service advisor assigned to member, free oil and filter change on first visit. (Mt. Juliet)

Enjoy 10% off all food and products. Excluding alcohol, tobacco, and art. (Downtown/SoBro) The leader in smartphone, Mac/PC, iPad/Tablet & other small electronic repair

Save 10% on all coaching packages. (Nashville)

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Present membership card for 10% off food and beverages (excludes alcohol), private dining room fee waived for groups of eight or more, and/or Complimentary prosecco toast.

(Downtown)

Receive a 10% discount on one and two year subscriptions to The Sewanee Review, America’s longest-running literary quarterly. Subscribe now to read the best fiction, poetry, and essays being written in America today!

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(Green Hills)

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Receive 15% off your order using the discount code: BLUEGOLD15. Visit our website at ProFlowers.com today.

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AUG/SEP 2017 | NASHVILLE BAR JOURNAL

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Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Brandon Bass, a shareholder at the Law Offices of John Day since 2010, recently was named “Outstanding Trial Lawyer of the Year” by the Tennessee Trial Lawyers Association. His practice focuses on helping people who have been seriously injured or who have lost a loved one due to the negligence of another. Bass is a graduate of Purdue University and the University of Tennessee College of Law. Hal Hardin has been elected unanimously by the National Association of Former United States Attorneys board to serve as NAFUSA president-elect. President Jimmy Carter, with unanimous Senate approval, appointed Hardin U.S. Attorney for Middle Tennessee in 1977. Returning to private practice after his U.S. Attorney stint, Hardin opened an office as a sole practitioner where he practices a variety of civil and criminal law.

Hardin has been the recipient of the NBA’s Norman Award for Criminal Law Excellence and The Rutherford Award as well as past NBA vice-president.

Lauren B. Jacques, an attorney with Bradley, LLP, is the recipient of the firm’s Cameron J. Miller Award for 38

Excellence and Community Service.

The award honors an associate who exemplifies the excellence of Cam Miller, who died in June 2012, battling cancer while in his first year of practice. The award includes a donation to a charity in Miller’s memory, a cash donation of $10,000 to Nashville’s New Beginnings Center where Jacques serves on the board.

Leadership Music, a non-profit educational organization, recently selected Stites & Harbison, PLLC attorney Stephanie Taylor as one of 49 industry leaders to join the Class of 2018.

The annual program offers a forum for established music industry leaders to identify and explore issues affecting the music industry. Taylor’s practice focuses on the entertainment and music industry. Taylor spent nearly two decades as a professional violinist and fiddle player while building her entertainment law practice.

The Nashville Area Chamber of Commerce and YP Nashville named David Wicker, partner at Stites & Harbison, PLLC, as one of the five finalists for the 2017 Nashville Emerging Leader Awards in the legal services category.

Wicker focuses his practice on all aspects of commercial real estate.

Baker Donelson announces Jonathan Cole and Nancy A. Vincent have become Rule 31 Listed General

NASHVILLE BAR JOURNAL | AUG/SEP 2017

Civil Mediators for the state of Tennessee and now members of Baker Donelson’s Center for Dispute Resolution.

Cole, a shareholder and a member of Baker Donelson’s Financial Services Litigation Group with significant experience representing national financial institutions, broker-dealer and businesses in a variety of cases. He is listed in Best Lawyers in America® and currently serves as President of the National Conference of Bar Presidents. He founded and has served as the chair of the Firm’s award-winning Pro Bono program and is a Fellow of the American, Tennessee, and Nashville Bar Foundations. He also is a former president of the NBA. Vincent is of counsel and a member of the Firm’s Commercial Transactions & Business Counseling Group where she concentrates her practice in the areas of government bid disputes, state and federal procurement transactions, and administrative law.

Vincent is also able to serve as an arbitrator. She is a member and former Second Vice President of the Board of Directors for the NBA, an alumna of the 2010 Class of Leadership Nashville, a two-term General Counsel for the Nashville Area Chamber of Commerce, and a member of the Nashville Sports Authority.

ON THE MOVE Joseph C. Johnsen has joined Smith & Tomkins. Johnsen’s practice will focus on premises liability defense, automobile liability defense, products liability defense, and construction defect defense. He graduated from Drake University Law School and is a member of the Nashville and Tennessee Bar Associations.

I’Ashea Myles-Dihigo has joined Williams, Dooley & Napolitan, PLLC. Myles-Dihigo focuses her practice on litigation and dispute resolution— specifically in the areas of construction law, real estate law, commercial litigation, and employment law. She received her law degree from Belmont University College of Law, where she was a Bell Tower Law Scholar. The Tennessee Supreme Court recently recognized her as an Attorney for Justice for her pro bono service. She serves on the board of the United Way of Cannon and Rutherford Counties and the TBA’s Young Lawyer’s Division.

Lindsay Norfleet has been named an associate attorney at Martin Heller Potempa & Sheppard, PLLC. Lindsay graduated summa cum laude from Tennessee State University in 2009 and earned her J.D. from Belmont University College of Law in 2015.

Norfleet joined MHPS in 2016 where she worked as a case manager in the

firm’s personal injury practice.

Hannah Smith has joined Sherrard Roe Voight & Harbison.

Smith will focus on trusts, estates, and tax law. She graduated from Vanderbilt University Law School and earned her LL.M. in Taxation at the University of Florida Levin College of Law. Smith is a member of the Nashville, Tennessee, and American Bar Associations.

John C. Wright has joined Dickinson Wright, PLLC’s Nashville office as Of Counsel. Wright focuses his practice on counseling clients in various corporate matters, business insolvencies and restructurings, and commercial litigation. Wright received his J.D. and LL.M. in Bankruptcy from St. John’s University School of Law. Legal Aid Society of Middle Tennessee and the Cumberlands has announced the addition of Alysse Gregory, Dorie Williams, and Heather Duggan, and the promotion of Joshua Thomas and Brittney Jerkins.

PROUD TO SUPPORT THE NASHVILLE BAR ASSOCIATION HERMAN HICKS

Vice President Private Client Relationship Manager (615) 734-6186 • hahicks@ftb.com

©2017 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

PROMOTE YOUR FIRM! RENT OUT OFFICE SPACE!

ADVERTISE IN THE NBJ CLASSIFIEDS! Booking now for the October/November issue. Ads due no later than September 1.

CLASSIFIED ADVERTISING RATES LINE ADS $85 for the first 50 words and $1.25 for each additional word. Must be received no later than the 15th of the month prior to publication.

DISPLAY ADS $400 for 1/3 page $325 for 1/4 page $275 for 1/8 page

Visit NashvilleBar.org/ NashvilleBarJournal for more information.

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

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

By joining the NBA, you not only gain access to cutting edge educational programs, fun networking events, and leadership opportunities within Nashville’s legal community—you invest in your future by becoming a member of the “it” bar association in the “it” city.

Get Connected

Don’t just hang out with familiar faces! Join your fellow attorneys at one or more of our social gatherings held throughout the year— happy hours, the annual free member picnic, golf tournaments, trivia nights, committee meetings, and community projects—and build your network of contacts throughout the Nashville community.

Expand Your Business

Our exclusive Lawyer Referral and Information Service provides the groundwork you need to build your clientele. Established over 25 years ago, the NBA LRIS refers over 6,000 callers to Nashville area attorneys and agencies each year.

Stay Informed

Join the YLD

If you are a licensed attorney and are either under 36 years of age or have graduated from law school within the previous 12 years, take advantage of our exclusive Young Lawyers Division. An excellent, fresh addition to your NBA membership!

Give Back

Volunteer for Dial-A-Lawyer—a FREE, monthly, call-in service where members provide general legal information to the public, participate in community service projects offered throughout the year, or help with one of the many projects offered through the Diversity Committee.

Be a Leader

Receive a FREE annual subscription to our award-winning bi-monthly magazine, the Nashville Bar Journal. Enjoy insightful, relevant, and thematic articles in print or digital format—or both—it’s your choice.

Set the pace in the legal community by serving on committees, writing articles for the Nashville Bar Journal, helping produce or present CLE seminars, participating on the NBA and/or YLD Boards, or working with the Nashville Bar Foundation.

Sharpen Your Practice Skills

Refresh and Renew

The NBA is your local source for cutting edge CLE. Our skilled presenters 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.

Take a moment to reflect on our bi-monthly wellness column. Watch out for our weekly Mindful Moment, or snack on something healthy while attending your next CLE...

Just a few ways the NBA can help you while juggling that big stack of motions, litigation preparation, or racing to that next meeting.

NBA Strategic Partners

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NASHVILLE BAR JOURNAL | AUG/SEP 2017

Receive the NBA Weekly Update eblasts every Thursday covering membership news, special updates, spotlighted events, court announcements, your 7-day CLE forecast, and member photo galleries.

Visit the NBA Career Center online as an employer or a job seeker where you can list job postings, upload your resume, search job postings and resumes, and access the career resources library.

Reserve an office or board room in downtown Nashville to host meetings, arbitrations, and depositions for attorneys who need a convenient place to meet. The NBA provides a Conference Center, a Board Room, and an Attorney Guest Office, complete with Wi-Fi and video-conferencing, available to all members.

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

Save money on personal and business expenses while taking advantage of the many discounts that our Exclusive Sponsors, Strategic Partners, and Affinity Program offer—banking, dining, credit card processing, clothing—just to name a few!

The NBA Historical Committee Presents...

THE WATERGATE CLE Featuring John W. Dean & James D. Robenalt August 29 | 9:00am – 12:15pm | 3.0 Dual | Montgomery Bell Academy*

Register now at NashvilleBar.org/Watergate, or use the form on page 24. *Lyft rideshare member discounts and shuttle service to/from downtown will be provided.

A SPECIAL THANK YOU TO OUR SPONSORS!

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