Nashville Bar Journal | October/November 2018

JOURNAL Journal Journal

OCTOBER/NOVEMBER 2018 | VOLUME 18 | NO. 5

FEATURE

Food Truck Nashville: Navigating the Speed Bumps

of Mobile Vendor Regulations ALSO

Culinary Hard Knocks Legal Tourism . . . In Nashville?

Boundless Beverages

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.

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

*Terms

and Conditions: Offer valid April 1, 2018 - April 1, 2019. 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, 2019. FSR: Use promo code NBADUE.

JOURNAL 6 Journal Journal OCTOBER/NOVEMBER 2018 | VOLUME 18 | NO. 5

FE ATU R E

Food Truck Nashville:

Navigating the Speed Bumps of Mobile Vendor Regulations Rachel Schaffer Lawson

DEPA R TM E N TS

From the President

Erin Palmer Polly

Calendar of Events Hear Ye, Hear Ye

Annual Meeting/Banquet Cocktails for Costumes Directory Photography Fall Memorial Service Habitat for Humanity Membership Renewals Swearing-In Ceremony

Tune Awards

COVER PHOTO BY JILL PRESLEY | STREET FOOD THURSDAY | SEPTEMBER 2018

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19 Culinary Hard Knocks: Exploring Nashville’s

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15 CLE Schedule 21 Photo Gallery 48 Hearsay 52 100% Club 56

Board Nominees

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Competitive Restaurant Marketplace

Bradley T. Bald

Legal Tourism . . . In Nashville?

37 Jonathan H. Wardle Boundless Beverages 41 Will Cheek

Agritourism in Tennessee 43 Timothy T. Ishii CO L UMNS

Background Check 13

Bart Pickett Gadget of the Month 19

Bill Ramsey & Phillip Hampton The Stringbean Murders 35

John C. McLemore OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL FROM THE PRESIDENT Kindness Matters | Erin Palmer Polly Journal When I was in elementary school, I rode the Journal bus—bus number 54. And, the boy on whom I had

ERIN PALMER POLLY, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE HUDSON, Managing Editor

JILL PRESLEY, Marketing & Communications Director

EDITORIAL COMMITTEE NOEL BAGWELL JERRY BRIDENBAUGH KIMBERLY FAYE TIM ISHII KELLY FREY ROB MARTIN EVERETTE PARRISH BART PICKETT LAUREN POOLE MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE ELEANOR WETZEL 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 2,700 members—is the largest metropolitan bar association in Tennessee.

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a huge crush, Craig, rode that same bus. I spent weeks trying to get him to notice me, but my efforts were to no avail. Finally, a flash of brilliance hit. I would win Craig over by showing him that I was a super-fast runner and thus very athletic and thus deserving of his affection. As the bus pulled up to my house on the designated day, I took off down the stairs of the bus and across my lawn. I was flying. I didn’t make it far before I hit a rut in the yard and went down—hard and face first—in front of the whole bus. While horrible, that wasn’t the biggest indignity. . .until I realized that my dress flew up and exposed my underwear for everyone on the bus to see.

And, they undeniably saw because I heard a chorus of laughter as the bus slowly drove away from my house.

I dreaded having to get back on that same bus the next day. As I took my first steps onto the bus, the mockery started. But, just as fast as it started, it stopped.

Jeff was in the sixth grade—a pee wee football standout and the most respected kid on the bus—and he firmly told the kids to stop. And, they stopped. I never heard a word about it again. I didn’t know Jeff at the time, but his simple act of kindness changed the trajectory of my elementary school years and still sits with me over 30 years later.

We as lawyers have endless opportunities to show similar acts of kindness to others. We can volunteer with DarKenya Waller and the Legal Aid Society of Middle Tennessee and the Cumberlands, support Michele Johnson and the Tennessee Justice Center, or something that is near and dear to my heart—give time to one of the Nashville Bar Association’s volunteer opportunities—the upcoming Habitat for Humanity build on Saturday, November 3 or Dial-A-Lawyer, for example.

These large-scale opportunities are not the only way that we can impact our local community. We can engage in small acts of kindness like Jeff did. Invite someone new in the office to lunch, share words of encouragement with someone who is struggling, or borrow a move from my law partner, Lauren Patten, and bring a giant bag of Reese’s to a friend who is having a tough day. In doing so, we can have a meaningful and positive impact on someone who needs a little kindness.

It has been my pleasure to serve as president of the NBA during 2018. As I approach the end of my time as president, I hope that the NBA has been a support for you this year. I’d like to give a special thank you to my work family at Butler Snow LLP and to my family, especially my husband, Ben, and my daughter, Katherine, for all their support over the past year.

And, for the record, my husband and I connected early in our relationship over our mutual love of running. As it turns out, you can catch a great guy by running fast. n —

NASHVILLE BAR JOURNAL | OCT/NOV 2018

NashvilleBar.org/ Calendar of Events | Full calendar online at NashvilleBar.org.

OCTOBER 2018 M O N D AY

T U E S D AY

W E D N E S D AY

Middle TN Paralegal Association Mtg 11:30am

T H U R S D AY

YLD Happy Hour: Arcade Edition 5:30pm | HQ Beercade

F R I D AY

Diversity Committee Mtg | 12:00pm

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

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NBA Board Meeting | 4:00pm

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LAW Board Mtg | 11:30am Diversity Summit 2020 Conference Call | 12:00pm

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

Ethics Committee Mtg | 12:00pm

NALS Mtg | 12:00pm

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NBF Trustees Mtg | 12:00pm

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NBJ Editorial Committee Mtg 12:00pm | Neal & Harwell

NBA/NBF Golf Tournament 1:00pm | Vanderbilt Legends Club

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Executive Committee Mtg | 4:45pm

CLE Committee Mtg | 11:30am

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4 Finance Committee Mtg | 4:00pm

NBA + YLD Cocktails for Costumes 5:30pm | Bastion

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Memorial Service Committee Mtg 12:00pm

Criminal Court Committee Mtg 4:30pm

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Membership Committee Mtg 12:00pm YLD Annual Meeting & Election 5:30pm | Hopsmith Tavern

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23 HAPPY HALLOWEEN!

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NOVEMBER 2018 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

Diversity Committee Mtg | 12:00pm

1 Attorney Directory Photography (By Appointment Only)

Attorney Directory Photography (By Appointment Only)

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Attorney Directory Photography (By Appointment Only)

Middle TN Paralegal Association Mtg 11:30am NBA Board Mtg | 4:00pm Dial-A-Lawyer | 6:00-8:00pm

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LAW Board Mtg | 11:30am

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

NBA Swearing-In Ceremony 3:30pm | Justice A.A. Birch Building

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Attorney Directory Photography (By Appointment Only)

Attorney Directory Photography (By Appointment Only)

FREE Historical CLE! The Stringbean Murders 1:00pm | Downtown Public Library

Chancery & Circuit Court Collegiality Coffee 10:30am | Historic Metro Courthouse

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Fall Memorial Service 11:00am | First Presbyterian Church

NBF Trustees Mtg | 12:00pm Finance Committee Mtg | 4:00pm Executive Committee Mtg | 4:45pm

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Ethics Committee Mtg | 12:00pm HAPPY THANKSGIVING! Holiday | NBA Office Closed

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Holiday | NBA Office Closed

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Board Election Certification | 5:00pm

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OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL Journal Journal

2018 NBA BOARD OF DIRECTORS ERIN PALMER POLLY, President

Hear Ye, Hear Ye |

2019 Membership Renewal

It’s time to renew your membership! The 2018 membership year ends on October 31. You may renew online at NashvilleBar.org/Renew (it only takes a few minutes!) or contact Vicki.Shoulders@nashvillebar.org or 615242-9272. Before renewing online, please check with your administrator to be sure you are not a part of your firm billing. Thank you for your continued support and membership. We appreciate you! n

LAURA SMITH, President-Elect

ROBERT C. BIGELOW, First Vice President

MARGARET M. HUFF, Second Vice President MARY TAYLOR GALLAGHER, Secretary JEFF GIBSON, Treasurer MALAKA WATSON, Assistant Treasurer TERA RICA MURDOCK, YLD President LELA HOLLABAUGH, General Counsel NATHAN H. RIDLEY, Immediate Past President JACQUELINE B. DIXON, First Vice President-Elect WENDY LONGMIRE, Second Vice President-Elect MICHAEL ABELOW LAURA B. BAKER DANIEL P. BEREXA MARK S. BEVERIDGE

Events of Interest

NBA Annual Meeting & Banquet

Save the date! Please join us on December 5 for our Annual Meeting & Banquet. A reception for our members will begin at 5:30pm followed by dinner and the program at 7:00pm. Watch the NBA Weekly Update for details! n

HON. SHEILA D. CALLOWAY BRIGID CARPENTER SAMUEL P. FUNK LYNNE T. INGRAM TRACY DRY KANE HON. WILLIAM C. KOCH, JR. RYAN D. LEVY CHANCELLOR ELLEN HOBBS LYLE W. BRANTLEY PHILLIPS, JR. DAVID L. RAYBIN ERIC W. SMITH DARKENYA W. WALLER

2017 Annual Banquet Highlights

CHANCELLOR BILL YOUNG STEPHEN J. ZRALEK

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

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

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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 Wednesday, December 5, 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 your nomination, email Traci.Hollandsworth@nashvillebar.org no later than Friday, October 19, expressing why you believe your nominee is deserving of this prestigious award. Visit NashvilleBar.org/Awards for more information. n

NASHVILLE BAR JOURNAL |OCT/NOV 2018

Attorney Directory Photography

NBA + YLD Cocktails for Costumes

Come sip on a FREE fancy cocktail while mixing and mingling with your friends and colleagues!

On Thursday, October 18, from 5:30 to 7:30pm, all NBA and YLD members are invited to bring one (or more) new or gently used Halloween costume(s) to be donated to children in foster care here in Middle Tennessee. For your donation, you’ll receive a drink ticket that gets you any drink on the menu, plus an unlimited supply of Bastion’s infamous nachos. RSVP now at NashvilleBar.org/HappyHour.

If you are unable to attend, but would still like to contribute to our cause, please drop off costume(s) at Rudy Winstead Turner, PLLC n

Habitat for Humanity

The Nashville Bar Association and the Nashville Bar Foundation (NBF) are proud to partner with Habitat for Humanity of Greater Nashville again this Fall.

The NBF was gracious enough to contribute $5,000 towards our $7,500 goal. As of October 1, we’ve only raised $250 towards our additional goal of $2,500 and we need you!

We ask for your support to make the home build possible. We are in need of donations to cover one day of construction on their house and also volunteers—it’ll be up to us to provide the necessary people power to accomplish the build tasks on our day.

For further details, visit NashvilleBar.org/ HabitatForHumanity or call Monica Mackie at 615-242-9272. Thank you in advance for your support! n

Is your “current” headshot over three years old? If so, it’s time to get a new one, and we are here to help!

The NBA has partnered with J. Russell Photography—the nation’s leading executive portrait studio—to photograph our members for the 2019 Attorney Directory. The photography sessions are FREE and will be held at the NBA offices throughout the week of November 5–9.

A professional portrait photographer will photograph you in several poses, and you will be able to view the proofs immediately and choose your favorite for the directory. Additional portraits will be available for purchase—however, there is no obligation. You may schedule your appointment online at GoRCL.com or by calling 512-266-8921. n

Swearing-In Ceremony & Judges Reception WHEN | Tuesday, November 13

TIME | 3:30pm Swearing-In Ceremony | 4:30pm Judges Reception WHERE | A.A. Birch Building | Jury Assembly Room If you are a new lawyer being sworn-in and would like to participate in the NBA Swearing-In Ceremony, contact Traci.Hollandsworth@nashvillebar.org. For NBA members who would like to meet Nashville’s newest attorneys and attend the Judges Reception following the ceremony, register at NashvilleBar.org/JudgesReception. n

Fall Memorial Service

Our Fall Memorial Service will be held on Thursday, November 15, at the Downtown Presbyterian Church. The service begins at 11:00am with a reception lunch—featuring Martin’s BBQ—immediately following in the Fellowship Hall. There is an elevator on the left-hand side, when facing the church.

A project of the NBA’s Historical Committee, the memorial service honors the memory of those Nashville lawyers and judges who have recently passed away. Stay tuned to upcoming NBA Weekly Update emails and NashvilleBar.org/MemorialService for a list of those who will be honored. n OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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Feature Story | Rachel Schaffer Lawson

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

Food Truck Nashville: Navigating the Speed Bumps of Mobile Vendor Regulations Without a greater awareness of the regulatory speed bumps to mobile vending, the food truck industry may be needlessly slowed, limiting entrepreneurial opportunity and consumer choice.

—Food Truck Nation

It seems anywhere you go in Nashville, food trucks are parked outside local businesses or along the streets downtown.

Most local events have a gaggle of mobile food options as the primary food provider. You may wonder why this option is so popular amongst food service entrepreneurs. First, the cost of starting a food truck is drastically less than a brick and mortar restaurant.

Second, profit margins for mobile food units tend to be higher than brick and mortar establishments. Mobile food units can also be used to test the viability of a concept before committing to a more permanent establishment.

The current mobile food unit craze is celebrating its 10-year anniversary. In 2008, the first “modern” food truck was launched in Los Angeles by two entrepreneurs craving Korean-style beef in a Mexican taco. Kogi Korean BBQ would gross $2 million in its first year of operations. Kogi’s success has spawned a mobile food revolution of imitators seeking to ride Kogi’s coattails to financial success.

According to Food Nation, a project of the U.S. Chamber of Commerce Foundation, there are currently more than 300 active food trucks in U.S. cities.1 In 2017, the industry is estimated to have reached $2.7 billion in revenue.2 This is a massive jump from the $650 million in revenue just a few years prior and relative nonexistence in 2008.

So how does Nashville measure up? According to Food Na-

tion, Nashville is ranked 10th out of the top 20 food truck cities.

This ranking is based on scoring in three categories: (1) obtaining permits and licenses, (2) complying with restrictions, and (3) operating a food truck. In Nashville, operating costs appear to be average and the interactions with city officials seem to be manageable. Truck registration costs, however, are on the high side, according to the Nashville Business Journal.3 Types of Mobile Food Units Anyone considering the possibility of starting a mobile food unit has many things to consider. What types of units are available? What are the cost differences between a mobile food truck and brick and mortar? What type of vehicle should be used? The type of vehicle used for food vending can limit the revenue the business could earn each day, determine the parking or vending locations, dictate the type of products a business can offer, and impact the bureaucratic process a business must comply with.

The chart on the page eight illustrates some of the differences.

The following are the most important factors to keep in mind when considering what type of mobile food unit to start: the business’s budget, revenue goals, operating processes, and finding a balance between all three.

Legal Issues & Considerations Once a business has determined what type of mobile food unit it wants to use, the business must dive into the legal considerations surrounding mobile food businesses.

Entity Selection and Formation | Choosing the proper type of entity is an issue for all types of businesses as every type of (continued on page 8) (continued on page 00)

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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Feature Story |

Food Truck Nashville (continued from page 7)

business has some degree of risk. In the food service industry, the risk tends to be higher due to the public ingesting the product. Therefore, it is not advisable to start a food service business as an unincorporated partnership or sole proprietorship. The incorporated options are limited liability company (LLC), C-corporation (C-corp), and S-corporation (S-Corp). All of these types of entities will provide a shield of liability protection between the owners’ personal assets and the general public. However, C-corps are not ideal for most small businesses because of the double-tax issue, i.e. when the business brings in revenue it is taxed at a corporate rate and then taxed again when the owners pull money out of the business.

By contrast, the LLC and S-corp are both “pass-through” tax entities, meaning revenue is “passed through” the corporate entity directly to the owners. One of the major differences between LLC(s) and S-corp(s) is how owners are treated. In an LLC, the owners are called members and Type Food Truck Food Cart

Food Trailer

Pros • No towing required • Easy to park • Lower startup costs • Easy to clean and maintain • Possibly faster permitting • • •

Food Bike

•

Ability to serve bigger crowds Offer larger variety of products Better pricing and profit margins Lowest startup costs

are required to pay quarterly estimated taxes. In an S-corp, the owners are considered employees of the business, and taxes are withheld from paychecks. For a new business owner, an S-corp may not be the best option initially because— more often than not—revenues will not be steady starting out and having to manage payroll tax immediately is not something a business should worry about in the startup phase.

Many food service businesses form with multiple owners. If this is the case, it is imperative that the owners sign an agreement on the terms of the business before making a single sale. Considerations to include in an agreement are profit and loss split, equity split, what to do in the event of a conflict, and what to do if one of the owners dies or becomes severely incapacitated.

Trademark Protection | Competition for market share in the food service industry is fierce. As a result, creating a marketable brand name and logo design Cons • Startup costs can vary vastly • Can only accommodate a limited amount of equipment and inventory • Limited range of product offerings • Large initial and overhead costs • Towing vehicle required • Restricted to only vending at certain locations • •

Bustaurant

Brick & Mortar Restaurant

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•

• •

Unique approach; doubledecker bus re-purposed to accommodate a commercial kitchen and upstairs dining area Large product variety No need to travel to your customers

• •

•

Viability depends on products and location Weather can cause seasonality Requires commercial drivers’ license Very large initial investment (could rival a brick and mortar restaurant) Most expensive to start

NASHVILLE BAR JOURNAL | OCT/NOV 2018

Average Cost $30,000 to $100,000 varies

$100,000+

varies

$250,000+

$500,000+

can be critical to success. Due to the large amount of players in the marketplace, trademark infringement runs rampant. It is highly encouraged for anyone starting a food service business to engage in a full state and federal trademark search of the proposed name and logo. The last thing a business owner needs is to invest a substantial amount of money into a name or logo design only to find out the name has already been federally protected and must be changed. While it may not be possible to federally protect a local mobile food business, taking the steps to protect the name in the state of incorporation is highly advised as it could deter a local competitor from trying to use the name, and it could defeat or cancel a federal trademark filed after the local business has begun operating.

Permitting | As with any food service business, food trucks require permitting in order to operate. City and county business licenses are needed, as are certificates of registration for sales and use tax and inspections by local health departments.

In addition, if the business owners of the mobile food unit want to serve in certain areas of Metro Nashville, the business must obtain the proper permit through the Public Works Department. Other cities throughout Tennessee have similar city and county permitting requirements.

One of the often-overlooked requirements of all mobile food units is a commissary kitchen. Most mobile food units do not have the capacity or ability to prepare food directly on the unit. Therefore, they need an off-site location in order to store and prepare food products. This location must be a health-inspected, certified commercial kitchen. Preparing items in your home kitchen is not permitted. The location also needs to have a receptacle (continued on page 14)

Editorial |

Bradley T. Bald

Culinary Hard Knocks: Exploring Nashville’s Competitive Restaurant Marketplace Scallops & glasses of dolce, that s*** right up your alley.

—Drake1

Drake may not have written the lyric scallops & glasses of dolce1 to describe Nashville’s bourgeois (“boujee”) restaurant culture; nonetheless, it symbolizes the evolution of Music City’s restaurant marketplace. In an era of dynamic restaurant atmospheres, fancy rooftops, and hipster vibes, Nashville’s culinary scene is revolutionizing the way we dine.

With what feels like hundreds of new restaurants opening each week, residents and tourists alike have an overabundance of options. However, with unprecedented new growth comes competition in the marketplace—not even Nashville gastronomic institutions are immune to the transformation.

According to Business Insider, although patronage of restaurants is at an all-time high, restaurant numbers are actually declining due to increased competition.2 Linda Ong, CEO of the Tennessee Hospitality and Tourism Association, describes Nashville’s marketplace as essentially a “knife & dagger show” in how tough it is for businesses to thrive.3 Analogous to the music industry, the supply of talent in the

marketplace simply outweighs the city’s demand.

While new restaurants are flooding with supply, service industry employees are thriving. According to the U.S. Bureau of Labor Statistics, Nashville currently has a historic unemployment rate of 2.7%, which is lower than any other major metropolitan area in the United States.4 In order to attract and retain employees, restaurants are resorting to extravagant marketing campaigns and elaborate bonus structures, including competitive wages, paid vacation, health benefits, 401ks, and flexible schedules. This shift in emphasis on employee benefits programs advocates service industry positions as a career, not as part-time or transitional jobs. However, these incentives may be coming at a price as owners struggle to compensate for skyrocketing Nashville property values. This is especially true for eager new independent restaurant operators vying to be the latest “it” spot in Nashville.

One of the most important legal documents for a new Nashville restaurant is the real property lease agreement.

Overlooking crucial provisions in a lease agreement in a (continued on page 12)

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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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.

AUG/SEP GOLDEN OLDIES

Congratulations to Amy Farrar for being the first in correctly identifying the individuals in the August/September photo!

From left to right: Margaret Behm, Harlan Dodson, Judge Walter Kurtz, and former Mayor Bill Purcell.

Annual Statewide Seersucker Flash Mob

On Friday, August 31, the Nashville Bar Association assembled for its Seersucker Flash Mob—founded by attorney and Tennessee Bar Association member Bill Haltom—at the iconic Woolworth on 5th in Nashville, Tennessee.

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

NashvilleBar.org/FindAMediator

NEW! Personalized Mediator Listings As a mediator or arbitrator, you can now create a personal profile to showcase your expertise and personal brand. Your mediator profile will be searchable based on qualifications—Rule 31 Civil and/or Family, Arbitration, or Federal Court— subject area experience, and last name.

§ Showcase Your Expertise Display your qualifications and subject matter experience in the search results—the most visible marketing opportunity in the greater Nashville area for attorneys and consumers.

§

§

Save 25% on Downtown Office Space Rentals

Increase Your Profile

We offer our conference rooms for attorneys who need a convenient place to meet in downtown Nashville.

Visit NashvilleBar.org for pricing.

Find a Mediator is the premier online destination for attorneys and consumers seeking mediation services. What better way to brand yourself and your practice!

Think Win-Win and Sign Up Today!

Visit NashvilleBar.org/FindAMediator to learn more. Fees for a listing are $200/year for NBA members and $350/year for non-members. Nonattorney mediators may participate if they have been approved as a Supreme Court Rule 31 mediator.

FOLLOW. LIKE. SHARE. TWEET. WATCH.

Editorial |

Culinary Hard Knocks (continued from page 9)

market as aggressive as Nashville can cost the entire business. It is important for these new restaurateurs to carefully review the lease agreement, or they can end up paying the price.

For example, several restaurants have closed their doors because of their inability to amicably resolve simple maintenance issues.5 Independent new restaurants’ biggest competition for real estate are large national chains. In general, national chains are more resistant to volatile restaurant markets as they have name recognition and consistency, which translates into a better bargaining chip in real property and lease agreement negotiation. In contrast, independent operators do not have such a strong upper hand unless supported by well-endowed benefactors. Paul Ziady, owner of Iron Development Group, LLC, points out that independent operators must create a level of trust with their landlord that they are here for the long game and ensure that their business models are

set up for success.6 Despite a real estate market that is more hot-tempered than Nashville hot chicken, the Nashville food scene is set to continue to weed out the cream of the crop with over one hundred restaurants ready to open.7 Nashville’s diverse population and booming economy continue to cultivate a unique restaurant culture. The climb towards market saturation, while a cautionary tale for some restaurant entrepreneurs, does not seem to be discouraging the insatiable palate of Music City. n Endnotes 1 DRAKE, The Ride, on Take Care (Cash Money Records/Young Money Ent./Universal Rec. 2012).

2 Dani Arbuckle, Supply & Demand in the Restaurant Industry, Bizfluent (Sept. 26, 2017), Bizfluent.com/facts-7535583-supply-demand-restaurant-industry.html.

3 Linda Ong, Restaurant to close after a year in operation, amid fierce competition, WKRN (June 27, 2018), WKRN.com/news/restaurantto-close-after-a-year-in-operation-amid-fiercecompetition/1269541524.

Valuation, litigation, forensic and mediation support services require an independent and objective assessment. Price CPAs has assisted in cases involving these services.

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THESE SERVICES ARE LED BY THE FOLLOWING PROFESSIONALS:

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CONTACT US TODAY TO DISCUSS HOW WE MIGHT BE OF SERVICE TO YOU.

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615.385.0686 | w w w. p r i c e c p a s . c o m

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

4 Cameron McWhirter, As Nashville Rapidly Expands, Residents Worry the Metropolis is Growing Too Fast, Wall St. J., (June 18, 2018), WSJ.com/articles/as-nashville-rapidly-expands-residents-worry-the-metropolis-is-growing-too-fast-1529314200.

Lizzay Alfs, These high-profile Nashville restaurants closed in 2017, The Tennessean, Dec. 27, 2018, Tennessean.com/story/money/2017/12/27/these-high-profile-nashvillerestaurants-closed-2017/961261001/.

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6

Interview with Paul Ziady (Sept. 2018).

7

Ong, supra note 3.

BRADLEY T. BALD is an attorney for The Row Title & Escrow, LLC where he counsels clients in various residential and commercial transactions. He is also an attorney for KTR law group, a boutique sports and entertainment firm, where he represents small businesses and entrepreneurs. Bradley received his J.D. from the University of Baltimore School of Law.

BACKGROUND CHECK

Doug Sloan | Bart Pickett

With hospitality as this issue’s theme, what better person to spotlight than the new legal head of the airport?

Early this year, Doug Sloan took over the reins as Chief Legal Officer and Vice President of the Metropolitan Nashville Airport Authority. Doug describes the airport like a mini-city with issues similar to those he saw while working for Metro Legal.

The airport—which continues to break annual and single day records for travelers in and out of BNA—operates 24 hours a day, 365 days a year. Legal issues arise just like in all parts of Metro government, but with the added issues that confront a corporation. Doug deals with criminal and civil issues ranging from weapons to bond compliance. He also works on contract negotiations, employment issues, and federal and state compliance issues. In addition to the legal work done by Doug and two other in-house attorneys, the airport outsources work to local law firms.

Doug made his way to the Airport Authority from another high-profile position, Director of Metro Nashville Planning Department. When approached about leaving the planning department to be a part of the $1.2 billion expansion at the airport, he saw a unique oppor-

tunity to return to the legal field while still supporting the city. The expansion includes additional parking, security lanes, concourses, and adds a central marketplace with new restaurants, bars, shopping, and larger gates to accommodate additional international flights.

These improvements will be completed within five years. Future plans also include the possibility of a hotel and train station.

From his office window, Doug can see planes take off and land. He gives credit to one person in particular for helping mold his legal career, Karl Dean. While going to Nashville School of Law (NSL) at night, Doug worked as a runner/law clerk/paralegal for Metro Legal during the day. When he graduated from NSL in 2000, Karl Dean offered him a job as an attorney. One of his first tasks on the job was to help clean up the adult businesses supporting prostitution and revise the code governing adult businesses and licensing.

Doug spent most of his early career at Metro Legal, however, he did make two short exits. The first time, he left to try collections work for a year.

Another time, he struck out to start a solo practice sharing space with some friends including Judge Ana Escobar and Judge Dianne Turner. Both times Doug made his way back to work with Dean at Metro Legal. During his time, he advised and represented nearly every Metro board and commission.

Following the historic flood in 2010, Doug left Metro Legal to again work directly for Mayor Dean in the Office of Flood Recovery. In that role, Doug helped manage the home buy-out program and seek federal dollars to help with flood recovery throughout David-

son County.

When offered the opportunity to become Deputy Director at Planning in 2013, Doug jumped at the chance.

Eventually, an opening in the director position resulted in him leading the department until his departure in January of this year. Going to the Airport Authority has given Doug a chance to get back into handling the legal issues that he thrived on while at Metro Legal.

With more than 14.9 million passengers being served by BNA in the fiscal year of 2018, there certainly is no lack of legal issues facing Doug and his team as they continue to ensure our visitors have a great first and last impression of our city.

Doug is a born-and-raised Nashvillian. Graduating from Hillsboro High School, he attended Middle Tennessee State University, where he obtained a degree in political science and met his wife, Karre. The couple reside in the Crieve Hall neighborhood with their daughter, Gracie, who just started 8th grade at Harpeth Hall. When the couple has free time, they enjoy the beach or snow-skiing. Later this year, they plan to visit Vancouver and ski at Whistler for their 25th anniversary. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups in litigation throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

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Feature Story | to dispose of gray and wastewater from the truck each day. Metro Nashville Public Works requires evidence of an agreement with a commissary kitchen to grant permits to congregate in designated food truck areas.

Commissary kitchens are available throughout most cities. However, due to the popularity of food trucks, many of these establishments have waitlists.

These establishments will require some kind of contractual commitment, typically a month-to-month leasing arrangement.

Ideally, a commissary kitchen will have the following available: • Dry goods storage • Adequate freezer and refrigeration storage • Adequate cooking facilities (many commissaries have a “shared” kitchen that

Food Truck Nashville (continued from page 8)

several businesses use) • Dock for deliveries • Parking for unit overnight that includes power hook ups • Gray and waste water disposal Conclusion Mobile food businesses can be a fantastic way to test a food concept before committing to brick and mortar (think Biscuit Love and The Grilled Cheeserie). The profit margins also tend to be higher on mobile food units than brick and mortar.

However, it is recommended that anyone looking to start a mobile food business diligently research costs before jumping into this business. n Endnotes 1

Michael Hendrix & Lawrence Bowdish, Food

Truck Nation, U.S. Chamber Commerce Found.

(2018), FoodTruckNation.us/wp-content/themes/ food-truck-nation/Food-Truck-Nation-Full-Report. pdf.

2

Id. at 9.

3 Eleanor Kennedy & David L. Harris, Food-truck friendly? Here’s how Nashville stacks up, Nashville Bus. J. (Mar. 22, 2018), BizJournals.com/nashville/ news/2018/03/22/food-truck-friendly-how-nashville-stacks-up.html.

RACHEL SCHAFFER LAWSON is the owner and founder of Schaffer Law Firm PLLC in Nashville, a general practice firm that focuses on serving clients in the hospitality and nonprofit industries as well as small business entrepreneurs.

Since the firm was founded in 2011, Rachel has carved out a niche in alcohol and manufacturing law, providing services such as trademark research and registration, beer and liquor licensing, and ensuring clients stay current with industry regulations.

RESERVE OUR FACILITIES Did you know? The Nashville Bar Association offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville.

We have a spacious Conference Center and a smaller Board Room— both of which have Wi-Fi access, a computer, and phone—available for your use.

For more information, contact Vicki.Shoulders@nashvillebar. org or visit NashvilleBar.org/ ReserveOurFacilities.

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

ROCK THE VOTE

2019 Board Nominees | Ballots Coming in November!

Be sure to vote in the upcoming 2019 NBA Board Election!

Renew your membership at NashvilleBar.org/Renew no later than October 31 for eligibility.

Martesha L. Johnson is the newly elected Nashville Metropolitan Public Defender, the first African American to be elected to this position, and a proud Nashville native. She has a heart for serving people and has devoted her entire career to public defense work in the Nashville Defender’s Office.

Martesha graduated with highest honors from Tennessee State University in 2005 where she was a Sophisticated Lady in the world renowned “Aristocrat of Bands.” She received her J.D. from The University of Tennessee Knoxville College of Law, and currently teaches trial advocacy at Vanderbilt Law School.

She is a member of the Nashville Bar Association, the Tennessee Trial Lawyers Association, the National Association of Public Defenders, the Tennessee Association of Criminal Defense Lawyers, the National Legal Aid and Defender Association, and the Community Corrections Advisory Board.

Martesha served as a member of the 2017 Nashville Bar Foundation Leadership Forum Class and is a graduate of Gideon’s Promise, a program specifically designed to train and develop public defenders. She is a member of the National Coalition of 100 Black Women and the Harry Phillips Amer-

ican Inn of Court. Additionally, Martesha was a member of the inaugural class of Emerge Tennessee, the premier campaign training program for Democratic women, and a past nominee for the ATHENA Young Professionals Leadership Award. n Mary Taylor Gallagher is a member of Gullett, Sanford, Robinson, and Martin, PLLC, where she chairs the Employment Law Section and Recruiting and Development Committee. She attended Rhodes College, received her undergraduate degree magna cum laude from the University of Georgia in 1998, and her J.D. cum laude from the University of Tennessee in 2001.

Mary serves on the Nashville Bar Association (NBA) Board of Directors as Secretary and on the Nashville Bar Foundation (NBF) Leadership Forum Steering Committee. She is co-chair of the NBF Leadership Forum Mentoring Committee, a Fellow of the NBF, Past-President of the NBA Young Lawyers Division, Chair of the Tennessee Bar Association (TBA) Litigation Section, and graduated from the TBA Leadership Law Program. She serves on the Nashville Downtown Partnership Board of Direc(continued on next page)

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ROCK THE VOTE

2019 Board Nominees | Ballots Coming in November! tors, the Board of Directors of Girls on the Run of Middle Tennessee, the Alumni Council of the University of Tennessee College of Law, and is the Southeast Region vice president of the National Association of Railroad Trial Counsel. Mary’s particular areas of interest include mentoring young lawyers, promoting diversity in leadership positions within the legal profession, and improving lawyers’ reputations in the community. n

nessee Bar Association Leadership Law Class of 2018, and is an alumni of the Nashville Bar Foundation Leadership Forum, Class of 2016. Raquel desires to join the NBA Board of Directors because she believes in its mission of improving the practice of law through education, service, and fellowship. n

Jeff Gibson is with Bass, Berry & Sims PLC. He received his undergraduate degree from Furman University in 2002 and his J.D. from the University of Georgia in 2007. He currently serves as Treasurer for the Nashville Bar Association, and previously served on the board for the NBA Young Lawyers Division, having held the positions of Law Day Chair, Homelessness Committee Co-Chair, and Treasurer. He is a Fellow of the Nashville Bar Foundation and was a member of the inaugural Nashville Bar Foundation Leadership Forum class.

Outside of the bar, Jeff is immediate past president of the board at Room in the Inn, a commissioner on the Metro Human Relations Commission, and a board member of the Tennessee Justice Center. In 2017, he was named Tennessee Justice Center’s Pro Bono Attorney of the Year. Jeff’s particular areas of interest include improving access to justice for all members of our community, increasing pro bono participation in the bar, and fostering civility and professionalism in the legal practice. n

Jeff Allen is a Senior Attorney with Bradley Arant Boult Cummings LLP, practicing entertainment law in the firm’s Intellectual Property practice group. He received his undergraduate degree from Vanderbilt University in 2002 and his J.D. from the University of Florida Levin College of Law in 2007.

Jeff is a graduate of the Nashville Bar Foundation Leadership Forum’s Inaugural Class of 2015, has served as co-chair of the NBA Entertainment, Sports, and Media Law Committee and as a member of the NBA CLE Committee since 2016, and is a Fellow of the Nashville Bar Foundation. Further, he serves on the Executive Council of the Tennessee Bar Association’s (TBA) Entertainment and Sports Law Section as past chair, is a graduate of the TBA Leadership Law Class of 2018, and has received the Tennessee Supreme Court’s “Attorney for Justice” pro bono award three times, primarily for his volunteer work with the Tennessee Volunteer Lawyers and Professionals for the Arts program. Jeff is particularly interested in strengthening diversity in the legal profession, access to justice, and adapting the practice of law to rapidly advancing technologies. n

Raquel L. Bellamy, a member at Bone McAllester Norton, PLLC, is a dedicated bilingual advocate with a range of experience in litigation, immigration, and nationality law, and has represented individuals from over 50 countries. She received a B.S. in Finance and a B.A. in Spanish from Oakwood University in 2007, and obtained her J.D. from Vanderbilt University Law School in 2011.

Raquel is in her second term as co-chair of the Nashville Bar Association (NBA) Immigration Law Committee, and previously served as chair of the NBA Diversity Committee. She also serves on the boards of Conexión Americas and Equal Chance for Education, LLC, and is an adjunct faculty member at Vanderbilt University Law School.

Raquel was honored to receive the Larry Dean Wilks Leadership Award based on a selection by her peers in the Ten-

J. Bart Pickett works as field counsel for Liberty Mutual Insurance Company. He graduated from the University of the South (Sewanee) in 2004 and The University of Tennessee College of Law in 2007. Following law school, he clerked for Judge Brothers and Judge Binkley.

Bart currently serves on the Nashville Bar Journal (NBJ) Editorial Committee, authors the recurring column Background Check, and received the NBJ’s “Contributor of the Year” award, in both 2013 and 2018. He has previously co-chaired the NBA’s Chancery/Circuit Court Committee where he helped institute a quarterly collegiality coffee. Bart also served as the co-chair of the Lawyers for Littles fundraiser, which raised over $25,000 for Big Brothers/Big Sisters of Middle Tennessee. He lives in the Sylvan Park neighborhood where he is active in the neighborhood association.

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(continued on next page)

ROCK THE VOTE

2019 Board Nominees | Ballots Coming in November!

Bart wants to serve on the NBA board of directors to continue developing enticing benefits for members, including free CLE and to continue to foster our collegiality. He is such a fan of the “bar,” he can’t spell his name without it. This is his second year of being nominated and he would be very sad if he lost two years in a row. He kindly asks for your vote. n Kyonzté Hughes-Toombs serves as Deputy General Counsel with the Tennessee Department of Health. She obtained both her undergraduate and law degree from Vanderbilt University in 2001 and 2004, respectively.

Kyonzté has significant leadership experience with various bar and community organizations. She currently serves on the boards of The Equity Alliance, as well as the Equity Alliance Fund, and on the LAW board as a firstyear director. She is a Fellow of the Nashville Bar Foundation, and the Recording Secretary on the board of TLAW. Kyonzté has served as secretary for the Nashville Bar Association board of directors, and was also a committee chair. She served as the 2016 President of the Napier-Looby Bar Associatio, is a Fellow of the Napier-Looby Bar Foundation, a member of the 2017 class of the Tennessee Bar Association’s Leadership Law Program, as well as the 2015 Class of Nashville Emerging Leaders and Class 50 of the Nashville Young Leaders Council.

Particular areas of interest include finding ways to increase and promote diversity within the Nashville legal community, fostering greater collaboration between the NBA and other bar associations, increasing access to legal services within underserved communities, and equipping new lawyers with the tools and mentorship needed for career success. n Melissa Blackburn was elected to the Davidson County General Sessions Court in 2014 and as Presiding Judge in 2017. She also leads the court serving the mentally challenged and the court serving Nashville’s Veterans who have suffered trauma in the service of the United States Military. Through a structured program, clients are provided substance and alcohol screening, housing assistance, peer mentoring and counseling as they work to reassert control over their lives and return to productive participation in the community.

Since taking the bench, Judge Blackburn has estab-

lished the Davidson County Mental Health and Veterans Court Assistance Foundation, to support the court’s work. In 2015, she successfully led the effort to secure Veterans Court funding in the Tennessee Legislature, making Tennessee the first state to provide such funding. In March of 2018, the Davidson County Veterans Court was the first specialty court in Nashville to receive certification from the State of Tennessee.

A Nashville native, Judge Blackburn is a graduate of David Lipscomb High School and Lipscomb University. She attended the Nashville School of Law to earn her law degree.

Together Judge Blackburn and her husband, Nashville attorney Gary Blackburn, have raised four children in our community. n Cynthia Chappell earned her B.A. in Psychology from Rhodes College and was awarded the Herbert Huff scholarship to the University of Memphis Law School where she received her J.D. in 1993.

Cindy, a solo practitioner, regularly handles pro bono cases for the Nashville Bar Association. She currently serves as chair of the CLE Committee and is past chair of the General Sessions Committee. She is a Fellow of both the Tennessee and Nashville Bar Foundations, and was recently selected to serve as a mentor for the Nashville Bar Foundation Leadership Forum. Cindy was named Best of the Bar by the Nashville Business Journal in 2017, is a former board member and officer of Crimestoppers, currently serves on the Metropolitan Board of Zoning Appeals, and is an Emeritus Master level member of the Harry Phillips Inns of Court.

Cindy is interested in promoting civility in the Bar as well as increasing positive public perception of the Bar. She enjoys volunteering for mock trial tournaments and cheering for her children at a variety of sporting events. n Chris Sabis has been an Assistant U.S. Attorney in the Middle District of Tennessee for the last seven years, and focuses his practice on civil fraud enforcement. He received his undergraduate degree magna cum laude from the University of Rochester in 2000, and his J.D. from Georgetown in 2003.

Chris serves on the Nashville Bar Association Diversity, Historical, and Memorial Service Committees, is a member of the Federal Court, Government Lawyers, and Health Law Com(continued on next page)

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ROCK THE VOTE

2019 Board Nominees mittees, and is participating in the Nashville Bar Exchange. He is the current chair of the Tennessee Bar Association Federal Practice Section, a member of the Harry Phillips American Inn of Court, and a Hearing Examiner for the Tennessee Board of Professional Responsibility. Chris also serves as the Chair of the Board of STARS Nashville, which provides prevention, intervention, treatment, and training services to Tennessee schools, students, and families, and has been an Adjunct Professor of Law at the Belmont University College of Law, where he taught Pretrial Litigation.

Chris’s particular areas of interest include diversity in the bar, bar history, legal ethics, and encouraging public service among bar members. n Margaret Overton Darby is a Senior Attorney with the Department of Law of the Metropolitan Government of Nashville and Davidson County. She received her B.A. from Georgia State University, and she subsequently attended the Vermont Law School, earning a Juris Doctor and a Master of Studies in Environmental Law.

Margaret began her governmental practice in 2001. In that time, she has focused her practice representing Metro Departments, boards, and agencies that oversee the fiscal administration of the local government and the economic growth of the Nashville community. She also serves as Bond Issuer’s Counsel for both the Metropolitan Government and the Sports Authority in financing transactions. She has served as chair of the NBA Candidate Evaluation Committee and is a Fellow of the Nashville Bar Foundation. She recently served as the Legislative Committee Chair for the Tennessee Association of Property Tax Professionals, and currently serves the East Nashville community on the Friends of Shelby Park Board.

Margaret is interested in expanding the active participation of governmental lawyers with the Nashville Bar Association (NBA) and finding additional avenues for increasing collegiality within the NBA’s membership. She is a native Tennessean who was born in Memphis and raised in Chattanooga before settling in Nashville. n Liz Sitgreaves is an attorney at the Law Offices of John Day, PC. Liz is currently serving for the second year as the co-chair of the Nashville Bar Association’s (NBA) Circuit & Chancery Court Committee and is chair of the Steering Committee for the NBA’s

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

Friday Fundamentals program in 2018-2019.

She previously served as the co-chair of the NBA’s Appellate Practice Committee.

Liz is the immediate past president for the Marion Griffin Chapter of the Lawyer’s Association for Women (LAW) and was awarded LAW’s Rising Star Award in 2015. Liz is a Fellow of the Nashville Bar Foundation and a graduate of both the Nashville Bar Foundation’s Leadership Forum and the Tennessee Bar Association’s Leadership Law program. She is a graduate of the University of Tennessee College of Law and the University of Georgia. Liz is also a Big Sister with Big Brothers Big Sisters of Middle Tennessee.

As an active member of the NBA, Liz would be honored to continue to serve the NBA on its board and increase collaboration between the various local bar associations as well as provide innovative ways to provide value to NBA members. n Sal Hernandez is a member of Riley Warnock & Jacobson, PLC, where he has practiced commercial litigation since 2000. He received his undergraduate degree from Princeton University in 1996 and J.D. from Vanderbilt in 1999. He clerked for the Honorable Gilbert S. Merritt on the U.S. Court of Appeals for the Sixth Circuit following law school.

Sal is a Fellow of the Nashville Bar Foundation, and serves as co-chair of the Nashville Bar Association (NBA) Federal Courts Committee, presenting and organizing meetings and CLE seminars aimed at encouraging interaction among lawyers and the federal judiciary. He also serves as chairperson of Nashville’s Metropolitan Transportation Licensing Commission that has been tasked with monitoring changes in the transportation industry including low speed vehicles, pedal carriages and scooters. Sal has in the past volunteered as a pro bono attorney for Tennessee Justice for Our Neighbors. For several years, he has served on the Princeton Prize in the Race Relations Selection Committee, which recognizes local high school students who make demonstrable efforts to improve race relations.

Sal’s particular areas of interest include continuing to find ways for the NBA to be a leading resource and influence in the community and for the bar. n

BILL & PHIL’S GADGET OF THE MONTH

Travel Tech | Bill Ramsey & Phillip Hampton

Our motto has always been “Have tech. Will travel.” If you have ever been behind us in the security line at the airport, you probably switched to another line. We tend to slow the TSA process down a bit with all of our tech gadgets.

But we love our gadgets because (except for the TSA security screening) they make our travel so much easier.

Here are some of our favorite travel tech gadgets and apps.

A pair of Bose QuietComfort 35 wireless headphones is an essential travel accessory for us, especially on particularly long trips. These bad boys are not cheap, but we think that Bose sets the standard for noise cancelling technology. It is so nice to slip these headphones on and simply shut off the noise in the plane, train, or automobile while streaming music or movie audio from our phone or tablet. The overthe-ear fit is very comfortable, and the battery life is well over 15 hours. These headphones now even have Amazon Alexa and Google Assistant voice control built in.

While not all our travel is business-related, a good bit of it is and, consequently, we find ourselves often participating in online meetings and conference calls in the back of an Uber car, in a hotel room, or in an airport lounge.

We always pack an ultra-portable smart speaker that we can use to stream audio from our phone while on the go. Two of our favorites—which are detailed

further in the May 2018 Online Gadget of the Month—are the eMeet M1 Bluetooth conference speaker and the Bose Soundlink Micro bluetooth speaker. The eMeet M1 is really good as a speakerphone on the road when you have multiple people on the call at your location.

The Bose Soundlink Micro has that really rich Bose sound and also happens to be waterproof (although we generally don’t do conference calls from the pool, we guess we could).

Half of the fun of travel is in planning the trip, right? Well, not exactly, but it doesn’t have to be as frustrating as it seems sometimes. There seems to be an endless parade of travel aggregator sites that all promise to find the best flight, hotel, and rental car deals. Among all of this clutter, the one app that we think is incredibly easy to use and very useful is Hipmunk. Hipmunk is especially informative in selecting flight reservations—we love the way it displays available flights based on a scale ranking the flights from least painful to most painful, taking into account the price, layover time, departure, and arrival times. We started using it several years ago just for airline reservations. As the app has evolved, however, you can now use it to book your entire trip, with just

a click of a button. Hipmunk really has become a digital travel assistant. (See our September 2018 Online Gadget of the Month, reviewing travel booking web sites.)

Sometimes the best tech is really just low tech. If you are like us, you hate using the foldable tray tables on an airplane because we all know these trays are germ magnets; and they also just cramp our style too much. But, alas, where do set our iPad to watch a movie? Where do we put our coffee cup (or other beverage container)? We love that there are creative, smart people who think like we do, because some of these people came up with a wonderful invention—the Airhook. The Airhook is just a smartphone/tablet holder combined with a cup holder that attaches to the tray table in its upright position. Three problems solved at once. This is about the smartest tech we can think of that doesn’t require electricity.

We all know that so-called “free WiFi” is a big security risk when travelling, so we always bring along our own personal WiFi device, or MiFi. Generally, when travelling domestically, it is fine just using the MiFi device from our mobile phone carrier, for which we pay a monthly fee. However, accessing se-

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Gadget of the Month | cure mobile WiFi can be tricky when travelling internationally. The Skyroam Solis 4G LTE global WiFi hotspot is a great travel accessory for international travel.

This device works as a personal MiFi in over 130 countries. You can access fast internet speeds at the click of the button with no need for foreign SIM cards. You pay just for what you use, and there are no limits or contracts.

Finally, the ultimate in travel tech can be seen in a new genre of luggage

Travel Tech (continued from page 19)

called “smart luggage”. We have tried many types of smart luggage at various points along the “smartness” continuum.

But, at the far end of this continuum are two budget busting smart suitcases that really take this tech to a new level. The Cowarobot is a $1,500 smart suitcase that is really a luggage robot. This self-moving suitcase will actually follow you as you wind your way through a busy airport. If that is not crazy enough for you, check out the Modobag—another $1,500 smart suitcase—that you can actually ride (that’s right, ride like a car) to your airline gate.

When you see Bill riding his Modobag and Phil leading his Cowarobot like a pet dog, you will have witnessed the apex of travel tech smartness, or perhaps the ultimate in frivolous tech spending. You decide.

See you on the road. n

Free. Anonymous. Confidential.

Local: (615) 741-3238 Toll Free: (877) 424-8527 www.tlap.org 20

NASHVILLE BAR JOURNAL | OCT/NOV 2018

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

M ON D AY, OC TOB E R 15 | LI V E S EMIN A R

INTERNATIONAL WAR CRIMES TRIALS

FAMILY LAW INSTITUTE

Prospects and Problems OVERVIEW

Learn from Vanderbilt Law Professor Michael Newton, an expert on terrorism accountability, transnational justice, and conduct of hostilities issues. In this CLE, Professor Newton will discuss the trials of Saddam Hussein in light of their current resonance related to the potential trials against ISIS. He will share his experience with the International Criminal Court Appeals verdict in Bemba, which continues to resonate in command channels around the world and has tremendous implication for the due process rights that any American could expect in the Hague.

Professor Newton’s perspective on the Iraqi trials is drawn from first-hand experience shuttling back and forth to Baghdad as the International Law Advisor to the Tribunal.

PRESENTER Michael A. Newton Professor of the Practice of Law Professor of the Practice of Political Science Director, Vanderbilt-in-Venice Program

OVERVIEW The NBA Domestic Relations Committee presents the annual Family Law Institute, featuring a networking lunch and four hours of CLE. This year’s institute includes Judge Phillip Robinson’s and Judge Philip Smith’s perspectives from the bench, a case law update, and a refresher on juvenile practice and resources by Judge Sheila Calloway.

PRESENTERS Hon. Sheila Calloway, Juvenile Court Judge Hon. Phillip Robinson, Circuit Court Judge Hon. Philip Smith, Circuit Court Judge Julieanna Huddle, Executive Director, Court Appointed Special Advocates for Children Brenton Lankford, Stites & Harbison, PLLC Dana Schmidt, Parentage Program Manager, Juvenile Court Gregory Smith, Stites & Harbison, PLLC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am

DETAILS

Seminar & Lunch. . . . . . . . . . . . . . . . . . . . . . 9:00am – 1:30pm

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

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General

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

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

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389 For registration after October 11, add a $10 late fee.

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after October 9, add a $10 late fee.

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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W E D NE S DAY, OC TOBER 1 7 | LIVE SEMIN A R

TH U R S D AY, OC TOB E R 18 | LI V E S E M IN A R

UPDATE ON LOCAL & NATIONAL CHALLENGES TO LETHAL INJECTION AND OTHER METHODS OF EXECUTION

ESTATE PLANNING AND PROBATE PRACTICE INSTITUTE

OVERVIEW The U.S. Supreme Court is taking up the issue of lethal injection this term in Bucklew v. Precythe, No. 17-8151. Join us as we discuss the evolution of challenges to methods of execution in Tennessee, as well as nationwide trends in the area.

What’s New in the Wild World of Estate Planning and Probate OVERVIEW

Presented by the NBA Estate Planning and Probate Committees, the annual Estate Planning and Probate Practice Institute features sessions on tax considerations when estate tax is not expected, legislative and case law updates, special issues in expedited limited health care fiduciary cases, and a clerk panel discussion. Registrants are invited to join their colleagues for a networking lunch at the NBA from 11:30am to 12:00pm on the day of the program. There will be a “Snack Break” with treats provided by Josh Anderson and Suzette Kraemer of The Anderson Group Real Estate Services.

PRESENTERS Adam Barber, Probate Master, Seventh Circuit Court of the Twentieth Judicial District John Bratcher, Rutherford County Chancery Court Clerk and Master

PRESENTERS Amy Harwell, Assistant Chief of the Capital Habeas Unit, Federal Public Defender’s Office Kelley Henry, Chief of the Capital Habeas Unit, Federal Public Defender’s Office

Michele Marsicano, Wiseman Ashworth Law Group Jillian Mastroianni, Trail Coleman & Stearns, PLLC David Mayer, Bass Berry & Sims Jeff Mobley, Howard Mobley Hayes & Gontarek (Moderator) Mark Smith, Sumner County Clerk and Master

D E TA I L S

D E TA I L S

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

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

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

Seminar & Snack Break . . . . . . . . . . . . . . . . . 12:00 – 4:20pm

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

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General

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

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

COST

COST

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

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195

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

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

For registration after October 15, add a $10 late fee.

For registration after October 16, add a $10 late fee.

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

T UE S DAY, OCTOBER 2 3 | LIVE SEM I N A R

TH U R S D AY, OC TOB E R 25 | LI V E SEM IN A R

A POSSIBLE SALES TAX REVOLUTION

ENVIRONMENTAL LAW LITIGATION ROUNDUP

Will Tennessee Begin to Collect Sales Tax from Internet Sellers?

OVERVIEW

Tennessee’s largest source of tax revenue is the Sales and Use Tax. Until recently, Tennessee has not been able to collect sales tax from out-of-state sellers that do not have a physical presence in Tennessee.

On June 21, 2018, the U.S. Supreme Court decided South Dakota v. Wayfair, Inc., 138 S. Ct. 2080, overruling two of its prior decisions and holding that South Dakota may collect sales tax from internet sellers with no physical presence in that state.

This decision opens the door for Tennessee to do what South Dakota has done, namely, collect sales tax on internet sales.

This change would bring millions of additional tax dollars to the state.

Our speaker is David Gerregano, the commissioner of the Tennessee Department of Revenue, who has been dealing with this issue during his many years with the department. He will discuss the legal issues addressed by the Supreme Court and the effect of that decision on a pending rule adopted by the department in 2017, which is the subject of a current court challenge.

OVERVIEW The NBA Environmental Law Committee invites you to their litigation roundup discussing recent judicial opinions and ongoing/pending cases that are likely to produce such opinions soon. Jenny Howard, Joshua E. Porte, and J.B. Ruhl will cover cases from the state, 6th Circuit, and the U.S. Supreme Court.

This seminar is free, with a fee for those seeking CLE credit.

Lunch is sponsored by Waller.

PRESENTERS Jenny Howard, General Counsel, Tennessee Department of Environment & Conservation Joshua E. Porte, Waller J.B. Ruhl, Vanderbilt Law School D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

PRESENTER

COST

David Gerregano Commissioner, Tennessee Department of Revenue

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35

D E TA I L S

LUNCH SPONSOR

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

Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after October 19, add a $10 late fee.

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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MONDAY, OCTOBER 2 9 | LIVE SEMINA R

TU E S D AY, O C TOB E R 30 | LI V E S E M IN A R

NON-COMPETE AGREEMENTS

SOLO & SMALL FIRM INSTITUTE

Tricks or Treats?

OVERVIEW

Restrictive covenant agreements serve an important purpose, but they can be tricky from both employer and employee perspectives. Explore the “tricks” and the “treats” involved in drafting and enforcing non-competes.

This seminar will cover the nuts and bolts of the law surrounding non-competes, the Tennessee healthcare statute, recent developments, the injunctive relief process, drafting tips for restrictive covenant agreements from the employer and employee perspective, whether preparing to compete is unlawful, tortious interference and inducement breach, breach of fiduciary duty of loyalty, corporate raiding issues, and non-solicitation issues.

OVERVIEW The Solo and Small Firm Institute features a lunch and learn with local judges, TED Talks highlighting key practice management issues, trust accounting, and technology compliance requirements for small law firms. This seminar also offers special discount pricing for CLE, ethics credits, networking, and lunch!

PRESENTERS Hon. Joseph P. Binkley, Circuit Court Judge Hon. Mike Binkley, Circuit Court Judge Grover Collins, Collins Legal Lori Gonzalez, The RayNa Corporation Matt Potempa, Martin Heller Potempa & Sheppard, PLLC (Moderator) ...Additional presenters to be announced.

D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 3:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 CLE Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

PRESENTERS

COST

David L. Johnson, Butler Snow LLP

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59

Thomas W. Shumate IV, Meridian Law, PLLC

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

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:00am – 11:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135 For registration after October 25, add a $10 late fee.

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

For registration after October 26, add a $10 late fee.

SPONSORS

T HURS DAY, NOVEMBER 1 | LIVE SEM I N A R

FR I D AY, N O V E M B E R 2 | LI V E S EM IN A R

TENNESSEE’S MARRIAGE EQUALITY LAWSUIT

“BLURRED LINES” LAWYER LIFTS THE VEIL ON HIS SIGNIFICANT ENTERTAINMENT CASES

Taking a Case to the U.S. Supreme Court Without Violating the Rules of Professional Responsibility OVERVIEW This seminar will be presented by two of the Tennessee lawyers on the legal team that took the constitutional issues of marriage equality to the U.S. Supreme Court. In addition to the step-bystep story of the lawsuit as featured in their recent book, The Fight for Marriage, Phillip Cramer and Bill Harbison will focus on some of the professional responsibility considerations that are presented when handling high-profile civil rights cases.

PRESENTERS Phillip F. Cramer, Sherrard Roe Voigt & Harbison William L. Harbison, Sherrard Roe Voigt & Harbison D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 11:00 – 11:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

OVERVIEW Presented by the NBA Entertainment, Sports & Media Law and Intellectual Property Committees Join Richard Busch as he discusses the facts of the “Blurred Lines” case, as well as important evidentiary rulings made in the case, and the evidence that supported the jury verdict in favor of the Gaye family, which was then confirmed by the district judge.

Mr. Busch will also be discussing the important issues that secured the victory against the appeal in “Blurred Lines,” as well as his take on other cases, including the “Led Zeppelin” case, and his view on the important issues that will be litigated in future copyright infringement lawsuits. You will also learn: • Why some copyright infringement cases win, and why some lose • Discovery and deposition techniques • Analysis of Three Boys Music Corp. v. Bolton, 212 F.3d 477, 485 (9th Cir. 2000) and Swirsky v. Carey, 376 F.3d 841, 849 (9th Cir. 2004) • Drafting copyright complaints, agreements, and their respective language PRESENTER Richard Busch King & Ballow D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135 For registration after October 30, add a $10 late fee.

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after October 31 add a $10 late fee.

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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M ONDAY, NOVEMBER 5 | LIVE SEMINA R

TH U R S D AY, N O V E M B E R 8 | LI V E S E M IN A R

SHORT TERM RENTALS

THE STRINGBEAN MURDERS

State Law, Metro Law, and Why What Your Neighbor Told You is Probably Wrong OVERVIEW This seminar provides an updated summary and analysis of the regulations from Metro Council and the State Legislature for short term rental properties, and will emphasize the interplay between the two bodies of regulatory law and the effect on short term rental property permitting in Nashville.

PRESENTER Jon Michael Metro Codes Department

Death in Baker Holler OVERVIEW

The Stringbean Murders will be the subject of this year’s NBA Historical Committee’s three hours of free CLE. Make a reservation today at NashvilleBar.org/Stringbean, and come listen to the detectives who worked the case, reporters who covered the case, and lawyers who tried the case and handled it on appeal.

For more on The Stringbean Murders, read John McLemore’s recap of the story on page 35.

PRESENTERS A full list of presenters is available online at NashvilleBar.org/Stringbean.

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 CLE Location. . . . . . . . . . . . . . . . . . . . . . . Downtown Public Library

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after November 1, add a $10 late fee.

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE Non-Members* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE *Registration for non-members will be available on October 15.

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

MONDAY, N OVEMBER 1 2 | LIVE SEM I N A R

WE D N E S D AY, N OV E M B E R 14 | LI V E SEM IN A R

BIAS AND JUDGEMENT

TAX REFORM UPDATE & STATE OF THE LEGAL MARKET

OVERVIEW

OVERVIEW

Presented by the NBA Diversity Committee

Since the tax reform legislation was signed into law late in 2017, the U.S. Treasury has issued notices and regulations to address various questions, unintended consequences, and hot topics arising from the most significant tax bill enacted in 30 years.

On Being Human

Based on the science of the brain, unconscious bias stems from automatic decisions one makes about others based on differences that impact personal and professional lives including legal practice, research, teaching, performance management, strategic planning, hiring, and working side-by-side. This conversation is designed to raise awareness and reduce bias in order to increase the likelihood of greater productivity, professional, and personal growth.

In this seminar (free, with a fee for those seeking CLE credit), you will learn to: • Identify how bias and the processes of the unconscious mind may affect critical decisions and results; • Become aware of your own background and its impact on your perceptions so that you are better able to advocate for inclusion in your organization; • Recognize that no one is immune to unconscious bias, and; • Apply new strategies for practicing more individual and organizational conscious awareness.

PRESENTER Arie L. Nettles, PhD NCSP HSP Associate Professor of Clinical Pediatrics Founding Director, Office of Inclusion and Health Equity Vanderbilt University Medical Center

Coupled with the new partnership audit rules that took effect January 1, 2018, it is a whole new tax world for law firms. Partnerships and individuals are asking themselves what’s next related to the impact at both the firm and individual partner level.

During this follow-up session to the What Lawyers Need to Know About Tax Reform seminar back in February, PwC tax experts will detail the key changes and their impacts on both partnerships and individuals, and provide a business update on the state of the industry for lawyers.

PRESENTERS Will Floyd, Director, Private Company Services, Law Firm Services, PwC Carole Symonds, Tax Partner, PwC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:00am – 11:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

D E TA I L S

COST

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

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135 For registration after November 12, add a $10 late fee.

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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F R I DAY, NOV EMBER 1 6 | LIVE SEMINA R

M ON D AY, N O V E M B E R 19 | LI V E S E M IN A R

ANNUAL ETHICS, LIES & VIDEOTAPE, PART XVI

ETHICS & PROFESSIONALISM CLE VIDEO REPLAY

OVERVIEW

Earn Up to 7 Hours of Dual Credit in One Day! OVERVIEW

Don’t miss our most popular ethics and professionalism program!

Join your colleagues in viewing scenes from movies to explore, analyze, and compare “reel” life with common ethical issues and the Rules of Professional Conduct.

How many gavels will the movie receive? How many ethical violations can Hollywood exploit? How much popcorn can you eat?

This seminar features a discussion of ethical implications of the following issues: • Pro Bono Aspirational Rule and Access to Justice Programs (Marshall) • Client Confidentiality, Prejudice to the Administration of Justice, and Meritorious Claims (Roman J. Israel, Esq.) • Fraud on the Court (The Fortune Cookie) • Conflict of Interest (Anatomy of a Murder)

At this CLE Replay, we will broadcast CLE programs all day at the NBA. Come for as long or as little as you need!

Highlights include:

• Each CLE hour is dual credit • Live CLE credits • No late fee • Pay as you watch • Wi-Fi available • Online materials • Coffee and snacks provided AGENDA

9:00 – 10:00am | The Cure for Procrastination 10:00 – 11:00am | Ethical Issues for the Mediator and the Mediated

PRESENTERS

11:15am – 12:15pm | Fighting to stay in the USA: One immigrant’s struggle before the U.S. Supreme Court

Hon. Barbara D. Holmes, Magistrate Judge, U.S. District Court, Middle District of Tennessee

12:15 – 1:15pm | Top 10 Questions Received by the Tennessee Board of Professional Responsibility

Edward D. Lanquist, Jr., Patterson Intellectual Property Law

1:30 – 2:30pm | Ethics, Social Media & YOU!

Hon. W. Neal McBrayer, Judge, Tennessee Court of Appeals

2:30 – 3:30pm | Apps for Attorneys

D E TA I L S

3:45 – 4:45pm | Moving Your Practice Into the Cloud

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 12:30 – 1:00pm

D E TA I L S

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 – 4:15pm

Details are available online at NashvilleBar.org/CLEReplay.

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST

Seminars will be held all day from 9:00am – 4:45pm.

Register at any time and pay as you go.

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

COST

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $45/CLE Hour

For registration after November 14, add a $10 late fee.

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $89/CLE Hour

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

W E DNE S DAY, NOVEMBER 2 8 | LIVE SE M I N A R

FR I D AY, N OV E M B E R 30 | LI V E SEMIN A R

ADVANCED FEDERAL COURT PRACTICE INSTITUTE

ETHICS INSTITUTE FEATURING SEAN CARTER, LEGAL HUMORIST

OVERVIEW

OVERVIEW

Get tips for practicing in the U.S. District Court for the Middle District of Tennessee. This Advanced Federal Court Practice Institute, produced by the NBA Federal Court Committee, will present information directly relevant to federal practice in this district, including proving damages and lost profits, a discussion with our magistrate judges about the district’s new local rules of court and recently issued AO 174-1, and an ethics component focusing on eDiscovery and technology.

Join Sean Carter—“America’s Funniest Lawyer”—for a day of ethics CLE entertainment. Six hours of dual credit will be available, or you may register for the morning or afternoon session individually (3 hours of credit each). Those who register for both sessions (the full day) will receive a complimentary lunch.

PRESENTERS

The morning session features seminars on client communication, ethics violations, and civility. The afternoon session features The 2018 Ethy Awards, highlighting the worst ethics violations in the legal profession.

Hon. Barbara Holmes, Magistrate Judge, U.S. District Court, Middle District of Tennessee Hon. Alistair Newbern, Magistrate Judge U.S. District Court, Middle District of Tennessee Lester Alexander, AEA Group Salvador M. Hernandez, Riley Warnock & Jacobson, PLC Tricia Herzfeld, Branstetter Stranch & Jennings, PLLC Michael O’Neill, Sims Funk More presenters to be announced at NashvilleBar.org/AdvancedFederalCourt.

D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 3:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual & 2.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after November 26, add a $10 late fee.

PRESENTER Sean Carter, Mesa CLE D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 8:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30am – 4:15pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $275* Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $549** For registration after November 28, add a $10 late fee. *The half day member rate is $139. **The half day non-member rate is $279.

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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M ONDAY, DE CEMBER 3 | LIVE SEMINA R

TH U R S D AY, D E C E M B E R 6 | LI V E S E M IN A R

RBG

SURVEY OF DISCHARGE INJUNCTION VIOLATION ISSUES

The Legal Career of Justice Ruth Bader Ginsburg OVERVIEW Presented in partnership with Lawyers’ Association for Women Are you looking for a fun way to earn your ethics and professionalism credits? Enjoy a cutting-edge legal documentary as you uncover legal ethics and professionalism traps and pitfalls.

This seminar features RBG, an exciting legal documentary that follows the legal career of Justice Ruth Bader Ginsburg. In this CLE, our panelists of judges will discuss the issues raised in the documentary, analyzing the ethical and professional issues at play. Following the film, join your colleagues in a lively discussion of the issues and challenges illustrated in the movie.

PRESENTERS Hon. Alistair E. Newbern, Magistrate Judge U.S. District Court, Middle District of Tennessee Hon. Aleta A. Trauger, District Judge​, U.S. District Court, Middle District of Tennessee More presenters to be announced at NashvilleBar.org/RBG.

OVERVIEW This seminar is produced by the NBA Bankruptcy Court Committee, and lunch will be provided by the seminar sponsor. You must register no later than December 4 to secure your lunch.

The panelists will discuss hot topics regarding discharge injunction litigation both nationally and locally. Among the issues to be covered include the applicability of arbitration clauses to discharge injunction violations, whether late fee collection after discharge constitutes a discharge injunction violation, and whether good faith belief can insulate a creditor from discharge injunction violations. You will learn: • Perspective of preeminent attorneys for both creditor and debtors, as well as academics; • The current case law developments both the nationally and locally; and • Procedural issues relevant to discharge violation litigation including venue and choice of adversary proceeding compared to contested matter.

PRESENTERS Hon. William Brown, Retired, Brown & Ahern Lawrence R. Ahern, III, Brown & Ahern Karlene Archer, Bradley Keith Slocum, Harlan, Slocum & Quillen D E TA I L S

D E TA I L S

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

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 2:00pm

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

Documentary & Seminar. . . . . . . . . . . . . . . . . . 2:00 – 5:15pm

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

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 Dual

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

Location. . . . . . . . . Butler Snow LLP, 150 3rd Ave S, Ste 1600

COST

COST

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

NBA & LAW Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

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

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

For registration after December 4, add a $10 late fee.

For registration after November 29, add a $10 late fee.

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

F RI DAY, D ECEMBER 7 | LIVE SEMIN A R

M ON D AY, D E C E M B E R 10 | LI V E S EM IN A R

ANNUAL ENTERTAINMENT, SPORTS & MEDIA LAW INSTITUTE

PROSOCIAL LEADERSHIP

OVERVIEW Register now and join your colleagues for the NBA Entertainment, Sports & Media Law Committee’s premier annual event!

This full day, information-packed CLE program will feature panels on immigration law in the entertainment industry, projecting growth of digital streaming, the current state of copyright fair use, the legal processes involved in making documentary films, and the ever-popular sports law panel focusing on the new age of American sports gambling and compensation of athletes.

A Vision and Method for Dignifying Work, Engaging People, and Inspiring Excellence OVERVIEW More and more, people are seeking work environments in which they feel dignified, engaged, and inspired. The responsibility of creating such work environments falls on leaders.

But what does that mean exactly?

How do we go about creating work environments that lift people up and yet hold them accountable?

If you practice in entertainment, sports, or media law, you don’t want to miss this opportunity to learn about and network in your field. Attorneys in other legal practice areas are also welcome and encouraged to attend. Lunch and a happy hour reception are included with registration for this seminar.

Note: Parking will be validated for this CLE. PRESENTERS A full list of presenters is available online at NashvilleBar.org/EntertainmentSportsMedia.

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 9:00am

In this seminar, organizational psychologist Daniel LeBreton presents the principles of prosocial leadership, practical suggestions for how to implement the principles into your daily work life, the psychological and neurological underpinnings that allow prosocial leadership to be so effective, and a list of positive outcomes associated with prosocial leadership—including reduced employee stress, fewer sick days, less burnout, increased life and job satisfaction, and more consistently ethical decision-making.

Seminar & Lunch. . . . . . . . . . . . . . . . . . . . . . 9:00am – 4:20pm

PRESENTER

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 Dual & 4.5 General

Daniel LeBreton, Vanderbilt University

Location. . . . . . . . . . . . . . . . AT&T Building, 333 Commerce St COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $275 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $549 For registration after December 5, add a $10 late fee.

SPONSOR

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after December 6, add a $10 late fee.

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

31

T U E S DAY, DE C EMBER 11 | LIVE SEMINA R

WE D N E S D AY, D E C E M B E R 12 | LI V E S EM IN A R

MINDFULNESS & MEDITATION

RISKY BUSINESS

Essential Practices for Greater Focus, Clarity & Decision-Making OVERVIEW This 3-hour interactive workshop is designed to demystify the power of mindfulness and meditation through scientific findings, practical approaches, and experiential exercises. Learn how these practices enable you to more readily de-stress, minimize distractions, and better manage your relationships.

The workshop includes a meditation experience and strategies for applying mindfulness and meditation practices to mitigate the negative impacts of chronic stress. Additionally, learn how meditation trains your attention and how to integrate and sustain mindfulness and meditation practices of your own.

The Ethics of Representing Seniors OVERVIEW Representing seniors can be risky business, but this seminar will share ethical guidance that will improve your ability to provide ethical representation to senior adults.

Barbara Moss, the founder of Elder Law of Nashville PLC, is a former member and chair of the Board of Professional Responsibility. She will share insights from her years of experience in elder law, conservatorships, probate, estate planning, Medicare, and Medicaid.

PRESENTER Barbara Moss Elder Law of Nashville D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Jennell Evans, MA, CMMI, a leadership and organizational development consultant with Strategic Interactions, Inc., and a Certified Mindfulness & Meditation Instructor, will facilitate this workshop.

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

PRESENTER Jennell Evans, MA, CMMI Co-Founder, Strategic Interactions, Inc. Practice Leader, Leadership Minds & Matters D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 – 8:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 – 11:45am Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $279 For registration after December 7, add a $10 late fee.

32

NASHVILLE BAR JOURNAL | OCT/NOV 2018

COST NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after December 10, add a $10 late fee.

PLI LIVE WEBCASTS L i ve CL E Cre dit f r om Innov a t iv e We bcast s

P LI LI V E WE B C A S TS Li ve C LE C redi t f rom I nnovat i ve We b c a s ts Pocket MBA: Finance for Lawyers and Other Professionals November 19 – 20, 8:00am – 4:00pm 1.0 Dual | 11.75 General Complimentary breakfast included.

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.

“Technotainment” Distributing Content Across Multiple Platforms Term October 15, 8:00am – 4:00pm 1.0 Dual | 5.0 General Complimentary breakfast included.

Complimentary breakfast included.

The Ethics of Electronic Information: Competence, Confidentiality, and Other Ethical Conundrums October 19, 8:00 – 11:30am 3.0 Dual Complimentary breakfast included.

Advanced Compliance and Ethics Workshop October 29 – 30, 8:00 – 11:30am 9.25 General Complimentary breakfast included.

1.0 Dual | 5.0 General

Communications Law in the Digital Age November 8 – 9, 7:45am – 4:15pm 1.0 Dual | 12.25 General Complimentary breakfast included.

Financial Services RegTech and Regulatory Compliance Forum November 12, 8:00am – 4:00pm 1.0 Dual | 5.5 General

Banking Law Institute November 30, 8:00am – 4:15pm

6.5 General

Complimentary breakfast included.

20th Annual Commercial Real Estate Institute December 3 – 4, 7:45am – 4:00pm 1.0 Dual | 11.25 General

51st Annual Immigration and Naturalization Institute December 5 – 6, 8:00am – 3:30pm 1.25 Dual | 11.0 General Complimentary breakfast included.

Nuts and Bolts of Medicare and Medicaid December 7, 8:00 – 11:30am

3.0 General

Complimentary breakfast included.

Hot Topics in Health Care Law December 12, 8:00am – 4:00pm

6.0 General

Complimentary breakfast included.

Ethics for Corporate Lawyers December 20, 1:00 – 3:30pm

Complimentary breakfast included.

Complimentary breakfast included.

1.0 Dual | 5.0 General

Complimentary breakfast included.

Complimentary breakfast included.

Nonprofit Organizations: Governance, Form 990 Reporting, and Compensation Issues October 16, 8:00 – 11:45am 3.25 General

Trial by Jury November 7, 8:00am – 4:00pm

Hot Topics for In-House Counsel November 28, 8:00am – 4:00pm

2.08 Dual

Secured Transactions: What Lawyers Need to Know About UCC Article 9 January 7, 8:00am – 4:00pm 6.25 General Complimentary breakfast included.

Investing, Trading, and Doing Deals in a Dynamic World January 15, 12:00 – 4:15pm 3.75 General Drafting and Negotiating Corporate Agreements January 16, 8:00am – 4:00pm 1.0 Dual | 5.5 General Complimentary breakfast included.

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

33

NBA ONLINE SEMINARS P e rso n al i zed Le a r ning on Your Sc he dul e

WE B I N A R S | FE ATU R I N G S E A N C A R TER , ESQ .

Laugh Whi l e You Learn

is the exclusive online support network for the NBA.

Check out our online seminars at NashvilleBar.org/CLE! We have a variety of relevant and focused topics to choose from including the following. . .

Bankruptcy | Ethics & Professionalism | Government Immigration | Judges | Litigation | Mediation Planning Commission & Zoning Board | Probate Technology | Trial Practice

MARK YOUR CALENDARS A Comedy of Ethics December 13 | 1:00 – 4:15pm | 3.0 Dual Government Practice & Professionalism Institute December 14 | 8:00am – 4:15pm | 3.0 Dual & 3.0 General Chancery & Circuit Court Practice Institute December 17 | 9:00am – 4:50pm | 6.0 CLE CLE Film Festival December 27 | 9:00am – 12:15pm | 3.0 Dual December 27 | 1:00 – 4:15pm | 3.0 Dual December 28 | 9:00am – 12:15pm | 3.0 Dual December 28 | 1:00 – 4:15pm | 3.0 Dual

Technical Fouls: Even Minor Ethics Violations Can Have Major Consequences October 11, 12:00 – 1:00pm 1.0 Dual May It Displease the Court? Keeping Your Head (and Your Law License) in Court October 18, 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 October 24, 12:00 – 1:00pm 1.0 Dual The 2018 Ethy Awards October 27, 10:00am – 12:00pm

2.0 Dual

A Nightmare on Ethics Street: Don’t Fall Asleep on Your Ethical Obligations October 31, 12:00 – 1:00pm

1.0 Dual

The 2018 Ethy Awards November 10, 11:00am – 1:00pm

2.0 Dual

From Competence to Excellence The Ethycal Imperative for Excellent Client Service November 13, 12:00 – 1:00pm 1.0 Dual The 2018 Ethy Awards November 17, 9:00 – 11:00am

2.0 Dual

The Ties That Bind: Avoiding Inappropriate Entanglements in the Practice of Law November 20, 12:00 – 1:00pm

1.0 Dual

The Truth, The Whole Truth and Nothing But the Truth November 27, 12:00 – 1:00pm 1.0 Dual

34

NASHVILLE BAR JOURNAL | OCT/NOV 2018

FREE HISTORICAL CLE!

The Stringbean Murders | “The Darndest Bunch of Thieves”

As District Attorney, Tom Shriver made his final argument painting the picture of the brutal murders of Grand Ole Opry performer David “Stringbean” Akeman and his wife, Estelle, he stopped. And, as if he could read the minds of the jurors, he described several of the state’s witnesses as “the darndest bunch of thieves” he had ever seen in a courtroom.

There were no preachers or Sunday School teachers to call to the stand.

Sitting at the defense table were the only two eye witnesses to the crime: John A. Brown, Jr. and his cousin, Marvin Douglas Brown, and they were sitting at the defense table. John Brown was represented by the brilliant and always theatrical Arnold Peebles. Doug Brown was represented by the legendary Joe P. Binkley, Sr. A portion of the witness list looked like the phone directory of the Greenbriar/Ridgetop underworld. None had witnessed the crime, but all spoke with the accused during the days and weeks that followed. Perhaps, Shriver’s best

witness was an arsonist currently under indictment. Second in line was Charlie Brown, Doug’s brother and John’s cousin, who cut a deal and ratted on his relatives. Forty-five years later, there are those who still think Charlie helped plan the burglary and got away with murder.

Since Saturday night, November 10, 1973, the killings of “Stringbean” and his wife have been known as the “Stringbean Murders.” That evening, the couple arrived home in their almost brand-new Cadillac, took one look at their primitive cabin, and knew something wasn’t right.

The Stringbean Murders were recognized by the music community as a turning point in the culture of the neighborly strip of publishing houses and recording studios known as Music Row. Many of the country artists then took little or no precaution about security.

The Browns’ motive was robbery.

It was known within the entertainment community that “Stringbean” did not trust banks and carried large amounts of cash. While “Stringbean” was performing at the Ryman Auditorium, the Browns burglarized the Akemans’ home. They found several guns, but not the desired stash of cash. When their efforts failed, they waited, listening to the Opry on the Akemans’ radio. When “Stringbean” left the stage, the Browns knew it was only a matter of minutes before he and Estelle would begin their drive to Baker Station Road.

The Akemans lived in a small cabin on a farm off Baker Station Road near Ridgetop. When the bodies were found

by Louis Marshall “Grandpa” Jones, he called the Tennessee Highway Patrol, which relayed the call to Metro. The farm was in such a rural location, “Grandpa” Jones knew it could not be easily found.

He drove to the intersection of Highway

41 and Baker Station Road to flag down the police.

During the following year, John Brown plead insanity, but a jury would find him to be sane at the time of the killings. At the beginning of the trial, Doug Brown pled guilty to second degree murder. Should their cases have been severed for trial? They weren’t. Attorney Arnold Peebles would later admit he was under the influence of drugs and alcohol during the trial.

It was a sensational trial resulting in two 99-year sentences for both defendants. The jury said the sentences were to run concurrently. The judge said consecutively. And the post-conviction proceedings were as interesting as the trial.

Join the NBA Historical Committee at 1:00pm, Thursday, November 8, for the entire story, presented by many who participated. The Stringbean Murders, the investigation, and the trial and appeals will be the topic of the NBA’s fifth annual Historical CLE. It is our goal to pass on the history and heritage of the Nashville bar. See page 26 for details.

All NBA members will receive three hours of free CLE. All attendees— whether NBA members or guests—must make a reservation online at NashvilleBar.org/Stringbean. n JOHN C. MCLEMORE represents both debtors and creditors and is best known for his work as a bankruptcy trustee. He is admitted to practice in federal and state courts in Tennessee, as well as the U.S. Sixth Circuit Court of Appeals. McLemore is also well-known among the local law community as a photographer for NBA events with his Nikon in tow, documenting the people, places, and events that comprise Nashville’s local history as it pertains to law.

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

35

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) 631-9729

Hon. Robert ECHOLS (615) 742-7811

Barry L. HOWARD (615) 893-8896

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

Michael RUSSELL (615) 815-0472

Tracy SHAW (615) 921-5204

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

Editorial |

Jonathan H. Wardle

Legal Tourism. . . In Nashville?

Nashville has more than its fair share of attractions: several country music Meccas, Civil War battlefields, scenic parks and lakes, hot chicken vendors, LifeWay and the Sunday School Publishing Board, farmers’ markets, and the Parthenon—just to name a few. But what does Middle Tennessee have to offer the touring lawyer? More than you might expect. Read on for a sample of Nashville’s greatest hits for the lawyer-historian in all of us.

Presidents and Politicians Middle Tennessee claims two presidents and boasts connections to several other important political figures.

Andrew Jackson’s Hermitage (4580 Rachel’s Lane, Hermitage), President Jackson’s plantation home, is a must-see.

It offers historic buildings and guided tours. Aficionados might also visit Public Square (Union St and 3rd Ave N, Nashville), where Andrew Jackson shot it out with Thomas Hart Benton, or the historical marker at the site of Andrew Jackson’s law office (333 Union St, Nashville).1 The President James K. Polk Home & Museum (301 W 7th St, Columbia) is also worth visiting. President Polk’s grave at

the Tennessee Capitol (600 Charlotte Ave, Nashville) is a mustsee. It is the only presidential grave located on the grounds of a state capitol, and it has stirred it quite some controversy through the years. You can also still find Mrs. James K. Polk’s pew at the Downtown Methodist Church (523 Church St, Nashville).2 The Meriwether Lewis National Monument (Milepost 385 on the historic Natchez Trace Parkway, near Hohenwald) marks the grave of the eminent explorer-turned-Governor. Most historians believe Meriwether Lewis committed suicide—but did he?3 Travellers Rest (636 Farrell Pkwy, Nashville) was the plantation home of Judge John Overton. This prominent Nashville lawyer was one of President Jackson’s trusted friends. He served as a delegate to the North Carolina Convention that ratified the U.S. Constitution, and he was later elected to the Superior Court of Tennessee (the forerunner of the Tennessee Supreme Court). Travellers Rest has helped preserve over 500 years of Nashville history.4 Ray Blanton and Lamar Alexander were forever linked in (continued on page 38)

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

37

Editorial |

Legal Tourism. . . In Nashville? (continued from page 37)

Tennessee history when a slew of prominent political figures arranged for the early swearing in of Lamar Alexander to stop Governor Blanton’s pardon-selling scheme. Alexander was sworn in at the Tennessee Supreme Court (401 7th Ave N, Nashville), and many of the decisions leading up to the coup were made at the Holiday Inn Express across from the federal courthouse (920 Broadway, Nashville).5 Civil Rights The Columbia Race Riot of 1946 was the first major racial confrontation in the U.S. after World War II. What began as a dispute over repairs to a radio escalated to unjust criminal charges, warrantless police searches, the death of two African American men at the hands of white police officers, and the arrest of over 100 African Americans who were held without bond—while an all-white grand jury absolved the white policemen. Esteemed civil rights lawyers Thurgood Marshall and Z. Alexander Looby helped represent 25 black men

charged with the attempted murder of four policemen. The A.J. Morton & Son Funeral Home was near the epicenter of the action, and a historical marker now stands nearby (approximately 130 E 8th St, Columbia).6 Z. Alexander Looby also filed the first desegregation lawsuit against the Nashville public schools and he helped represent the students involved in the famous Nashville sit-ins. In return, his home was bombed the early morning of April 19, 1960. However, that bombing sparked a silent march to the Historic Metropolitan Courthouse (1 Public Square, Nashville), where Mayor Ben West famously told student Diane Nash that he believed the lunch counters should be desegregated. Z. Alexander Looby’s home was across Meharry Boulevard from Meharry Medical College.7 Those same Nashville sit-ins, by the way, served as a model for civil rights demonstrations throughout the South. A historical marker (near the intersection of 8th Ave N and Charlotte Pk) indicates where the First Baptist Church on Cap-

itol Hill served as the headquarters for the sit-in movement, and a Woolworth’s (221 5th Ave N) has been recreated on the site of the original Woolworth’s where students insisted on their rights to sit at the counters to eat their lunch.8 Nashville also played a role in the Women’s Suffrage movement. Tennessee was the last state to ratify the 19th Amendment to the U.S. Constitution, which guaranteed women the right to vote. Tennessee suffragists headquartered at The Hermitage Hotel (231 6th Ave N, Nashville) with its close access to the capitol.9 Criminals and Outlaws Jimmy Hoffa was tried in the Federal Courthouse (801 Broadway, Nashville) by famed Nashville lawyer Jim Neal. It was here that Warren Swanson shot at Hoffa in the middle of trial, only to have Hoffa punch Swanson in the face.

You can also visit Black Rabbit (218 3rd Ave N, Nashville), which resides in the building where Hoffa’s lawyer, Tommy Osborn, tried to fix the jury during Hoffa’s trial. (Osborn had earlier argued Baker v. Carr before the United States Supreme Court—and that seminal decision originated in Davidson County Chancery Court.)10 Al Capone also came to Middle Tennessee. He is said to have gone swimming at what is now Hidden Lake State Park (7851 McCrory Ln, Nashville), and his entourage were rumored to stay at what is now the High Point Restaurant (224 Main St, Monteagle), which is on the National Register of Historic Places.11 The Jesse James Gang were also known to frequent Nashville. A historical marker indicates where gang member (continued on page 40)

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

RETIREMENT LETTER TO THE NBA

Seth Norman | Ending a 28-Year Privilege

Distinguished Members of the NBA, It is with a certain degree of remorse that I announce my retirement as Judge of Division IV of the Criminal Court for Davidson County, Tennessee. I will miss those attorneys who have appeared before me over my 28 years of service; however, I recognize the fact there are some members of the Bar that will murmur “good riddance.”

Being the first judge of this Division, I have seen many changes.

When I first became a judge, there was no court room for this new position; therefore, I held court in the basement of the old Municipal Auditorium.

It worked well until the circus came to town and they hosed the elephant just down the hall from my quarters.

Eventually Division IV was given a new courtroom on the 6th floor of the Historic Courthouse. These were great quarters, as I had a kitchen and a dining room on the 7th floor, which was accessible by stairs that led directly out of the court room. I had many memorable meals in those facilities with friends from the NBA. It was later decided that a new Criminal Justice Center would be erected, and after spending two years in temporary quarters, we moved

into our current location in the Justice A. A. Birch Building in 2006.

While I came to the Nashville Bar in 1962, I must admit that I have not been an active member in our association. Initially, my participation was limited for several reasons. As the only navigator in the local Tennessee Air National Guard, I was frequently called upon to fly as the crew navigator on trips out of the U.S. In 1962, I was elected to the State Legislature, and then elected to the State Democratic Executive Committee serving as secretary of that organization. As a young lawyer with three young children, a great part of my time was devoted to family matters. In 1990, I was fortunate enough to be elected as the first judge of the new criminal court for this judicial district.

Shortly after my election, it became apparent to me that the dockets of the criminal courts were loaded with individuals who were suffering from drug and alcohol addiction. There were only four divisions of the Criminal Court at that time, and they were all overloaded with cases involving drugs or alcohol. I had heard that the courts in Miami, Florida, had started a “drug court” program to deal with non-violent felons who were addicted to drugs or alcohol. I thought that this might be used as a vehicle by which we could obtain another court to relieve our crowded dockets. Permission was granted by the legislature, and I obtained a study grant to explore the idea. I received an implementation grant that allowed us to experiment with this “drug court” concept. The trouble was, we did not get another court, I just got an additional docket.

In 1996, the Davidson County Drug Court began to hear cases on an out-patient basis. Within six months, we realized that the people we were dealing with needed long term residential treatment. Fortunately, we were able to obtain several buildings at the old Middle Tennessee Mental Health facility. We started with 7 male participants, which immediately blossomed to 40 male participants. It quickly became apparent that we needed female treatment beds, so we got the use of another building in that complex. After about two years of operation, we were told Dell Computer was coming to Nashville, and they were interested in the property where our facility was located. Mayor Phil Bredesen came to our aid, and the City of Nashville built us a facility by the Bordeaux hospital where we currently operate. We can handle up to 60 male participants and 30 female participants there.

After several years of operation, we were able to determine that some people were able to control their addiction if they were given long term residential treatment. We were also able to demonstrate that the recidivism rate for these people was much lower than individuals who were incarcerated without treatment. Currently, the cost of maintaining an individual in the Tennessee Department of Corrections is $76 per day. At the Drug Court complex, we house and treat everyone for less than $56 per day. After 20 years of operation, we can determine we save the taxpayers of the State of Tennessee over $32,000 for every person who completes our program.

Several years ago, we helped establish a Drug Court in the 13th Judicial

(continued on page 42)

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

39

Editorial |

Legal Tourism. . . In Nashville? (continued from page 38)

Bill Ryan, a.k.a. Tom Hill, was arrested (near 4409 Whites Creek Pk, Whites Creek). Frank and Jesse James also had a house in East Nashville.12 The iconic Tennessee State Prison (on Bomar Blvd) was famously in the movie The Green Mile with Tom Hanks, and it can be seen in several other movies. But, did you know it used to house death row inmates, and the conditions were once so poor that they were declared unconstitutional?13 Bonus Point Dutchman’s Curve is the site of the deadliest railway disaster in U.S. history. Over 100 people were killed in a head-on collision between two trains.

There is a historical marker near the entrance to the Richland Creek Greenway, about a tenth of a mile east of Post Road on White Bridge Pike. Nashville attorney Seth Walker would argue an ensuing case, Davis v. Kennedy, before the U.S. Supreme Court when he was just 28 years old.14 Many thanks to Emily Shouse, John McLemore, Chancellor Claudia Bonnyman, Rodney Faulk, Paul White, George Paine, Hal Hardin, and the entire NBA Historical Committee; to Howard Kittell at The Hermitage; and to Amy Willoughby Bryant and the Napier-Looby Bar Association.

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

now-defend-yourself-you-damned-rascal%E2%80%9D; Site Of Andrew Jackson’s Law Office, American Guide Series, Waymarking.com/ waymarks/WMGHTX. 2 President James K. Polk Home and Museum, JamesKPolk.com; Jason Daley, Tennessee Votes to Keep Polk’s Grave Where It Is. For Now., Smithsonian (Mar. 20, 2018), SmithsonianMag.com/ smart-news/tennessee-votes-keep-polks-gravewhere-it-now-180968544/.

National Park Service, Exploring Meriwether Lewis Site, NPS.gov/natr/learn/historyculture/ exploring-the-meriwether-lewis-site.htm (last updated June 15, 2018); Meriwether Lewis’ Mysterious Death, Smithsonian (Oct. 8, 2009), SmithsonianMag.com/history/meriwether-lewis-mysterious-death-144006713/index.htm.

Andrew Jackson’s Hermitage, TheHermitage. com; Elbert B. Smith, “Now Defend Yourself, You Damned Rascal”, Am. Heritage (1958), americanheritage.com/index.php/content/%E2%80%9C-

1

HERMAN HICKS

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

3

4 Historic Travellers Rest Plantation and Museum, TravellersRestPlantation.org.

Howell Raines, Governor Blanton of Tennessee is Replaced 3 Days Early in Pardons, N.Y. Times, Jan. 18, 1979, NYTimes.com/1979/01/18/ archives/gov-blanton-of-tennessee-is-replaced3-days-early-in-pardons.html; Keel Hunt, Coup (Vanderbilt Univ. Press 2013).

5

Dark Days in Columbia History, The Daily HerFeb. 21, 2016, ColumbiaDailyHerald.com/ lifestyles/celebrations/dark-days-columbia-history; Robert W. Ikard, No More Social Lynchings (Hillsboro Press 1997).

6

ald,

Silent March Held, Tn4Me, Tn4Me.org/article. cfm/era_id/8/major_id/11/minor_id/31/a_id/202; Interview with Alexander Looby (WSB-TV broadcast Apr. 19, 1960), Civil Rights Digital Library, CRDL.usg.edu/export/html/ugabma/wsbn/crdl_ ugabma_wsbn_40260.html; Jessica Bliss, The story that inspired Nashville’s first public art, The Tennesseean, Apr. 18, 2017, Tennessean.com/ story/life/2017/04/18/nashville-unveils-first-civilrights-focused-public-art-witness-walls/99689584.

7

8 Sit-Ins: Nashville, TN, Civil Rights Digital Library, CRDL.usg.edu/events/sit_ins_nashville_tn/; Nashville Sit-Ins, The History Learning Site (Mar. 27, 2015; Sept. 14, 2018), HistoryLearningsite. co.uk/the-civil-rights-movement-in-america-1945to-1968/nashville-sit-ins; Maria Yagoa, Why This Nashville Restaurant Opened at the Site of the Historic Lunch Counter Sit-Ins, Food & Wine (Mar. 2018), FoodAndWine.com/news/nashville-restaurant-woolworth-fifth-civil-rights-sit-ins.

Chris Walker, Women’s Suffrage at the Hermitage Hotel, Bygone Nashville (last updated Dec. 9, 2017), Bygone-Nashville.mtsu.edu/items/ show/28.

9

Jim Ridley, The People vs. Jimmy Hoffa (Part 1), Nashville Scene, Mar. 22, 2002, NashvilleScene. com/news/article/13006945/the-people-vs-jimmyhoffa-part-1; Jim Ridley, The People vs. Jimmy Hoffa (Part 2), Nashville Scene, Apr. 2, 2002, NashvilleScene.com/news/article/13006973/thepeople-vs-jimmy-hoffa-part-2.

10

Endnotes

PROUD TO SUPPORT THE NASHVILLE BAR ASSOCIATION

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

Ben Lomand, High Point: The house that Capone built, Connect, July 3, 2014, BenLomand. mytelcoconnection.com/featured/high-point-thehouse-that-capone-built.

11

Maurice Patton, James Gang found mixed luck in Whites Creek, The Tennessean, Aug. 10, 2014, Tennessean.com/story/news/local/2014/08/11/jamesgang-found-mixed-luck-whites-creek/13868621; Greg Segroves, Nashville and Jesse James (Apr. 3, 2013), GregSegroves.blogspot.com/2013/04/ nashville-and-jesse-james.html.

12

Groseclose v. Dutton, 609 F. Supp. 1432, 143438, 1445-48 (M.D. Tenn. 1985); Tennessee State Prison 1898-1992 (Those Drones, LLC 2016) (for prison history and more information about the film, visit TNStatePrisonFilm.com).

13

Davis v. Kennedy, 266 U.S. 147 (1924); Betsy Phillips, The 100th Anniversary of Dutchman’s Curve, Nashville Scene, July 9, 2018, NashvilleScene.com/news/pith-in-the-wind/article/21012514/ the-100th-anniversary-of-the-dutchmans-curvetrain-accident; Tom Wood, Dutchman’s Curve: 100 Years Later, Tenn. Ledger, June 29, 2018, TNLedger.com/editorial/Article.aspx?id=107911.

14

JONATHAN H. WARDLE is an Assistant Attorney General in the Criminal Appeals Division of the Office of Tennessee Attorney General. He previously maintained a solo practice and worked as an associate at Neal & Harwell.

Wardle graduated from Vanderbilt University Law School in 2006, where he was Order of the Coif and an associate editor of the Vanderbilt Law Review.

He serves on the Nashville Bar Journal Editorial Committee, and received an undergraduate degree from Brigham Young University in 2003.

Editorial |

Will Cheek

Boundless Beverages Consumers are driving a trend for allowing the unconstrained privilege to consume alcohol nearly anywhere. Folks want to imbibe on a bicycle made for two, or perhaps, more accurately, a bike for 13, sip cocktails in outdoor plazas, sample wines in food halls while exploring multiple culinary options, or simply wander down the street with a frosty alcoholic beverage in hand.

For decades, Tennessee liquor laws have required that a restaurant or hotel clearly designate its premises as licensed for consumption of alcoholic beverages. There is a reason that countless outdoor eating spaces are defined by walls, fences, and planters. We have all seen the signs: “No alcoholic beverages beyond this point.”

One easy solution is BYOB. Pedal taverns, some wedding venues, and a host of other locations have allowed patrons to bring and consume their own alcoholic beverages. Often, these venues allow alcohol without considering the risks. If an alcohol-related injury occurs as a result of the consumption, such as a drunk driving accident, the plaintiff’s attorney will almost undoubtedly sue the venue. In a BYOB environment, patrons are generally left to pour their own drinks and monitor their consumption. This increases the potential for people becoming intoxicat

ed. Additionally, insurance may not cover “dram shop” alcoholic beverage liability since the venue does not hold a liquor license.

While assuming these additional risks, BYOB venues pass up lucrative profits from selling alcoholic beverages. Kind of defies the normal rules of capitalism, doesn’t it?

Recent legislation (HB1976/SB1820) has created an alternative solution that has prompted more restaurants to allow consumers to carry alcohol into common courtyards and food courts masquerading under the foodie-friendly buzzword “food hall.” The 2018 Legislation, known as Public Chapter 755, breaks down the normal barriers between restaurant venues. Imagine ordering a glass of wine from one of several restaurants opening into a common outdoor courtyard and being able to join a friend who purchased a craft cocktail from another restaurant. Under Pub. Ch. 755, restaurants can share common space by amending their licenses, using labeled cups, and employing practices designed to prevent underage and intoxicated patrons from accessing alcohol in common areas. Pub. Ch. 755 permits customers to walk between restaurants with an alcoholic beverage and allow bars to be set up in common areas. (continued on page 42)

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

41

Editorial |

Boundless Beverages (continued from page 41)

Unlike the open-carry privilege in Pub. Ch. 755, we do not see open container becoming the law any time soon for Lower Broadway. Although patrons are allowed to carry alcohol across Fifth Avenue South between the Omni Hotel and the Convention Center, the legislative appetite for allowing folks to wander around downtown with an open container is tepid, to say the least. An attempt to uncork Broadway a couple of years ago was swiftly and sternly defeated.

Recently, we have seen creative uses of catering licenses. A catering license allows a restaurant or catering hall to bring alcohol on site to a function. An example is when food trucks use catering licenses to legally serve alcohol.

We encourage both vendors and consumers to ensure that catering notices are filed with the ABC, licenses are prominently displayed, and local beer board requirements are being met. If it seems too good to be true, such as a bus that sells alcohol next to a stripper pole, it probably is. All the normal rules for alcohol sales and consumption apply to caterers.

The final frontier—home delivery of alcoholic beverages—is poised to explode. Some liquor stores combined with apps like Drizly.com for home delivery. In the last legislative session, the requirements for independent delivery licenses were simplified and made available to a broader array of companies, like Shipt and Instacart. Why go Kroger(ing) for wine when an app can bring it to you— with a bag of Cheetos?

One thing is certain, consumers and entrepreneurs will continue to seek out innovative ways to deliver your adult beverage to you, without boundaries, anywhere that pleases. n WILL CHEEK has a wellearned reputation as the go-to attorney for alcoholic beverage law in the state of Tennessee, and leads Waller’s alcoholic beverage law team. Working in concert with Waller’s Government Relations team, he has extensive experience drafting state and local liquor legislation. Will is also a trusted legal adviser to startup businesses and emerging companies in a wide range of industries.

The Historical Committee has completed over 65 oral histories of NBA members!

THANK YOU to Rudy Smith at Tennessee Legal Video for donating time to make this possible!

Nashville, TN | 615-278-6058 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.

42

NASHVILLE BAR JOURNAL | OCT/NOV 2018

Ending a 28-Year Privilege (continued from page 39)

District, and for a period of years, I would go to Cookeville to hear cases for their Drug Court. Five years ago, the Commissioners of Safety, Mental Health, and Corrections asked if I would help them establish another residential facility for men. I agreed— before they told me that it would be in Wartburg, Tennessee, close to the site of the old Brushy Mountain prison. We started that program in an old prison annex. For a period of years, I would hold my usual criminal court docket except for two Thursdays a month. On those two Thursdays, I would leave Nashville with one of my court officers at 6:30am, drive to Wartburg and hold court at 1:00pm, then come back through Cookeville and hold court there at 5:00pm. We typically would get back to Nashville around 8:00pm.

I relate all of this—not as a reason to explain my routine—but as a reason for my spotty association with the NBA. I simply did not have the time to participate. I have officially retired, but hopefully it will only be a partial situation. The Supreme Court has obtained, from the legislature, funding for another senior judge position. I am hopeful that the position will be assigned as a Senior Drug Court judge so that I may apply for that position and be able to continue to operate these drug courts.

By the way, the Nashville Drug Court and Wartburg Treatment program are the only two court-operated, long-term residential drug court treatment facilities in the country. n —Seth Norman, Retired

Editorial |

Timothy T. Ishii

Agritourism in Tennessee The current trend towards more natural and “sustainable” lifestyles extends to entertainment. One aspect of this back-to-nature attitude is the expansion of agritourism.

Tennessee has its own agricultural tourism, or agritourism, organization with over 75 active members—ranging from entities offering corn mazes and hayrides to on-farm bed and breakfasts and winery tours.1 Most Tennesseans would be surprised to learn the extensive statutory protection for farming activities and how far back that legislative protection extends. In 1976, the Tennessee General Assembly enacted the Agricultural, Forest, and Open Space Land Act, which found that: . . .the existence of much agricultural, forest and open space land is threatened by pressure from urbanization, scattered residential and commercial development, and the system of property taxation. This pressure is the result of urban sprawl around urban and metropolitan areas, which also brings about land use conflicts, creates high costs for public services, contributes to increased energy usage, and stimulates land speculation[.]3 ***

[m]any prime agricultural and forest lands in Tennessee, valuable for producing food and fiber for a hungry world, are being permanently lost for any agricultural purposes and that these lands constitute important economic, physical, social, and esthetic assets to the surrounding lands and to the people of Tennessee.4 Six years later, the General Assembly enacted the Tennessee Right to Farm Act,5 which protected farms and farm operations from nuisance claims by codifying common law “coming to the nuisance” defenses and creating a rebuttable presumption that farming activities are not nuisances.6 In 2009, the Tennessee legislature promulgated the final layer of legislative protection for agritourism: the Agritourism Protection Act. This Act precludes “any liability” for any farming professional or any risk inherent to farming or agritourism.”7 The Act provides an unusual amount of protection by completing banning any action as long as the agritourism party complies with the signage requirements of the statute and does not commit an intentional tort of commission or (continued on page 42)

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

43

Editorial |

Agritourism in Tennessee (continued from page 43)

omission against a guest.8 Not only are agritourism professionals excused from liability for any specified agritourism activity, but neither a participant nor their representative may maintain an action against an agritourism professional.9 The limited exceptions to this immunity protection are contained in subsection (b) of the statute.10 The effect of the Agritourism Protection Act is to “frontload” onto the plaintiff’s counsel the decision whether they can even bring suit against an agritourism professional—which is exactly the legislature’s intention when enacting the statute. However, the unintended consequence of this section offers a farm a double shield from being served with a lawsuit. An inevitable material question of fact at summary judgment will be whether there was compliance with the statutory signage requirement. If so, summary judgment will likely be granted on this issue. With the risk of a statutorily imposed bar, it is rare for a plaintiff’s law firm to move forward with a plaintiff’s

case against a farm.11 Despite being some nine years old, there is only one case, Shore v.

Maple Lane Farms, LLC, which has addressed the Agritourism Protection Act. In that case, the Tennessee Supreme Court interpreted the legislative intent not to include “entertainment activities” like a music concert held on a farm.

In light of these agritourism statutes, it appears that the Tennessee agricultural community has been well served by the legislature looking out for its long-term prospects as a viable, sustainable, enterprise, and we can look forward to many decades of enjoying the more rural aspects of our state—unless you’re an injured plaintiff. n

5

Id.; Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 418 (Tenn. 2013).

6

7

Id. at § 43-39-102(1) (“no agritourism professional shall be liable for injury to or death of a participant solely from the inherent risks of agritourism activities,” provided a warning is posted pursuant to law).

Id. at § 43-39-102(2); see also University of Tennessee Institute of Agriculture, Liability & Agritourism (2009), Extension.Tennessee.edu/ publications/Documents/PB1787.pdf.

9

The following exceptions for liability are provided:

10

(1) Commits an act or omission that constitutes reckless disregard for the safety of the participant, and that act or omission proximately causes injury, damage or death to the participant; (2) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities or equipment used in the activity or the dangerous propensity of a particular animal used in the activity and does not make the danger known to the participant, and the danger proximately causes injury, damage or death to the participant; (3) Fails to train, or improperly or inadequately trains, employees who are actively involved in agritourism activities, and an act or omission of the employee proximately causes injury, damage or death to the participant; (4) Intentionally injures the participant; or (5) Commits any other act, error or omission that constitutes willful or wanton misconduct, gross negligence or criminal conduct.

Tenn. Agritourism Association, TennesseeAgritourism.org.

1

Tenn. Code Ann. § 67-5-1001.

3

Id. at § 67-5-1002(1) (emphasis added).

4

Id. at § 67-5-1002(3).

LAWYER REFERRAL & INFORMATION SERVICE Each year, the NBA Lawyer Referral & Information Service (LRIS) program intakes over 6,000 callers requesting referrals.

The LRIS team helps local attorneys by: • Screens all calls before referring an attorney.

• Provides fast, efficient referrals via our custom database system.

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If you are an attorney interested in being listed with LRIS, call Wendy at 615-242-9272 for more information.

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA 44

NASHVILLE BAR JOURNAL | OCT/NOV 2018

Tenn. Code Ann. § 43-39-102.

8

Endnotes

2

Id. at § 43-26-101.

Tenn. Code Ann. § 43-39-102(2)(b).

11

Shore v. Maple Lane, 411 S.W.3d at 429-30.

TIMOTHY T. ISHII is an attorney based in Green Hills who, for the past 22 years has concentrated on appellate practice.

His appellate practice has seen him argue appeals in all three grand divisions of the state courts of Tennessee and at all levels of appellate courts including the federal Sixth Circuit.

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ABOUT THE NASHVILLE BAR ASSOCIATION The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,600 members—is the largest metropolitan bar association in Tennessee.

150 4th Ave N, Ste 1050 • Nashville, TN 615-242-9272

LOG ON TODAY! N a shvill e Ba r.o rg /Ca re e r Cent e r

Thank You for Your Membership!

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.

PREMIER MEMBERS

46

Gail Vaughn Ashworth

Jamie Hollin

David Raybin

Heidi Barcus

Paul Housch

Sara Reynolds

Daniel Berexa

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Mark Beveridge

R. Jan Jennings

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Hon. Joe Binkley, Jr.

Andrew Kaufman

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Jordan Keller

C. Dewey Branstetter, Jr.

John Kitch

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Kay Caudle

Ed Lanquist, Jr.

Joycelyn Stevenson

Mark Chalos

Thomas Lawless

Michael Stewart

William Cheek, III

Clay Lee

Hon. Patsy Cottrell

Hon. Randal Mashburn

Al Stolte

John Day

Sam McAllester, III

Joy Day

Hon. Amanda McClendon

Karl Dean

Rocky McElhaney, II

Jacqueline Dixon

Nicholas McGregor

David Downard

Bob Mendes

Blair Durham

Margaret Moore

Elizabeth Washko

John Floyd

Marlene Moses

Jim Weatherly, Jr.

Keith Frazier

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Peter Weiss

Richard Green

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John Griffin, Jr.

Phillip Newman

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Mattison Painter

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Rose Palermo

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Andrea Perry

Stephen Young

Lisa Helton

Tracy Powell

Stephen Zralek

NASHVILLE BAR JOURNAL | OCT/NOV 2018

Carolyn Schott Kimberly Silvus Eric Smith Saul Solomon

Gerard Stranch Jim Stranch Hon. Aleta Trauger Howard Vogel Michael Wall

Larry Williams Thomas Wiseman, III Talley Wood Sheree Wright

Welcome to the NBA! 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 (JULY 1 - AUGUST 31) Joseph L. Agee

Justin K. Hall

Barbara Sidelnik

Mark A. Baker

Ashley Hawkins

Morgan Slade

Charles McNeil Baldwin

Terry D Hughes, III

Emily Chadwick

Katherine Hunter-Salas

Ryan Claxton

Austin Knapp

Amanda Colohan

Craig W. LeQuire

Rebecca Taylor

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Kathleen Joyce Lewis

Donna Marie Tees

Jenna D’Agostino

Maxwell Moody

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Byron Davis, Jr.

Dean Newton

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James Robert Embrey, Jr.

Jack H Pouchert

Donald Ferguson

Christina Irene Reichert

Michael L. Freeman

Louise Shacklett

Taylor Amanda Wilters

Amanda Garcia

Ryan P Shanahan

Talley Wood

Jessica B. Spade Andrea Stilgenbauer

Charity Williams Jeffrey Logan Wilson, Esq.

VOLUNTEER FOR DIAL-A-LAWYER Dial-A-Lawyer is held the first Tuesday of each month from 6:00 – 8:00pm, and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact our LRIS Coordinator at Wendy.Cozby@nashvillebar.org.

Pro Bono credit applies, and a complimentary dinner is provided.

Thank you to our August & September volunteers!

MARK CHALOS GINA CRAWLEY LAURA HEIMAN TOM LAWLESS NICHOLAS MCGREGOR JOE RUSNAK

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Summer 2018 Highlights

YLD Carbolic Ball @ Woolworth on 5th

YLD Brews for Backpacks @ Craft Brewed

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

2018 Summer Highlights YLD Race Judicata Check Presentation

NBA Karaoke Happy Hour @ Alley Taps

OCT/NOV 2018 | NASHVILLE BAR JOURNAL

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VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

2018 Annual Member Picnic

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

2018 Annual Member Picnic

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51

Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Legal Aid Society of Middle Tennessee and the Cumberlands has appointed Charles K. Grant as its new board president. Grant is a shareholder at Baker Donelson, where he focuses his practice on complex employment general business litigation. Grant is a past president of the Nashville Bar Association.

L. Gino Marchetti, Jr., Managing Partner of TPMBLaw, has been named president of The National Foundation for Judicial Excellence. His primary areas of practice include commercial and business litigation, employment law, bankruptcy and creditors’ rights, and tax-exempt entities.

The American Bar Association Tort Trial and Insurance Practice Section hon-

ored John R. Tarpley—a shareholder at Lewis Thomason—with its James K. Carroll Leadership Award, which recognizes an attorney or judge who has demonstrated leadership qualities in service to the section. Tarpley, who is also certified as a Tennessee Supreme Court Rule 31 mediator, has been involved in complex litigation in the areas of tort, transportation, product liability, professionaly liability, commercial law, casualty defense, and various insurance-related matters in both state and federal courts.

Law Section and has worked with the Civil-Legal Advocate Program.

Shaina Thompson has been promoted to family law lead attorney of the Nashville office of Legal Aid Society of Middle Tennessee and the Cumberlands (LAS). Thompson joined LAS in 2016 as an attorney with the firm’s Family

James R. Embrey, Jr. has joined Hall Booth Smith, PC, as a partner. Embry specializes in the full spectrum of professional negligence and health care liability, transportation, general liability, product liability and insurance coverage matters. Embry served as an Airborne Infantryman in the U.S. Army with the 101st Airborne Division and was awarded the Combat Infantryman’s Badge for his service in the Middle East.

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NASHVILLE BAR JOURNAL | OCT/NOV 2018

Jessica Van Dyke received the 2018 Robert W. Ritchie Service Award from the Tennessee Association of Criminal Defense Lawyers for her outstanding leadership, service, and continued commitment to the association. Van Dyke, an attorney with Parker, Lawrence, Cantrell & Smith, represents criminal defendants at the trial court and appellate levels.

ON THE MOVE

Jonathan Skeeters has been named Bradley’s managing partner and chairman of the board.

Skeeters works with clients to implement their growth and development strategies by structuring, negotiating and closing complex business transactions. He previously served on the firm’s Board of Directors, Finance Committee, and Recruiting Committee.

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.

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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, karaoke competition, trivia nights, committee meetings, and community projects—and build your network of contacts throughout the Nashville community.

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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.

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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.

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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.

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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 WiFi, available to all members.

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The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS & 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 member benefits, present your NBA membership card to the business. Don’t have a membership card? Email Chelsea.Raymer@nashvillebar.org today!

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54

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Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

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Buffaloe & Vallejo, PLC

Leader, Bulso & Nolan, PLC

Rogers, Kamm & Shea

Burr & Forman, LLP

Legal Aid Society of Middle TN

Rudy Winstead Turner, PLLC

Butler Snow

Leitner, Williams, Dooley & Napolitan, PLLC

Shackelford, Bowen,

Cameron Worley, PC

Lewis Thomason

McKinley & Norton, LLP

Capitol Christian Music Group

Lieff, Cabraser, Heimann & Bernstein, LLP

Sherrard Roe

Cole Law Group

Lindsey, Amonette, & Nemer, PLLC

Voigt & Harbison, PLC

Cornelius & Collins, LLP

Martin Heller Potempa & Sheppard, PLLC

Sims|Funk, PLC

Dickinson Wright, PLLC

McAngus Goudelock & Courie, LLC

Smith Cashion & Orr, PLC

Dodson Parker Behm & Capparella, PC

McCarter & Beauchamp, PLLC

Smythe Huff & Hayden, PC

Evans, Jones & Reynolds, PC

McGlinchey & Stafford, PLLC

Spicer Rudstrom, PLLC

Floyd Law Group, PLC

Meridian Law, PLLC

Stites & Harbison, PLLC

FordHarrison LLP

MTR Family Law, PLLC

Taylor, Pigue, Marchetti & Blair, PLLC

Frazer PLC

Nashville Electric Service

Trauger & Tuke

Frost Brown Todd, LLC

Neal & Harwell, PLC

Venick, Kuhn, Byassee, Austin & Rosen PLLC

Grissim & Hodges

Nelson, Mullins, Riley & Scarborough, LLP

Watkins & McNeilly, PLLC

GSRM Law

North, Pursell & Ramos, PLC

Waypoint Law, PLLC

Hall Booth Smith, PC

Ogletree Deakins

Weatherly, McNally & Dixon, PLC

Healthcare Realty Trust, Inc.

Ortale Kelley Law Firm

White & Reasor, PLC

Holton & Mayberry, PC

Parker, Lawrence, Cantrell & Smith

Wiseman Ashworth Law Group, PLC

Healthcare Realty Trust, Inc.

Patterson Intellectual Property Law, PC

Wyatt, Tarrant & Combs, LLP

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