Nashville Bar Journal | October/November 2023 by Nashville Bar Association

JOURNAL Journal Journal

OCTOBER/NOVEMBER 2023 | VOLUME 23 | NO. 5

FEATURE

A Brief History of Land Use Planning in Nashville ALSO

A Century of Women in the Legal Profession Then & Now: Second Avenue

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FE ATU R E

A Brief History of Land Use Planning in Nashville

OCTOBER/NOVEMBER 2023 | VOLUME 23 | NO. 5

by Tracy Kane

DE PA R TM E N TS

From the President

Calendar of Events

Then & Now: Second Avenue 25 Summer Geyer

Hear Ye, Hear Ye

Gulam Zade

NBF Grant Applications Membership Renewals Fall Memorial Service Tune Award Nominations Annual Meeting & Banquet

CLE Schedule

A Century of Women in the Legal Profession Ramona P. DeSalvo

C O L UMNS

Background Check 11 Bart Pickett

Gadget of the Month Bill Ramsey & Phillip Hampton barBITES

Hearsay

100% Club

Capitol Notes 27 Peggy Sue, the Beagle Hound

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

FROM THE PRESIDENT

October/November 2023 | Gulam Zade GULAM ZADE, Publisher WILLIAM T. RAMSEY, Editor-in-Chief SUMMER GEYER, Managing Editor LAUREN POOLE, Managing Editor ADRIENNE BENNETT CLUFF, Layout/Design/Production

EDITORIAL COMMITTEE RAMONA DESALVO TIMOTHY ISHII J. BART PICKETT KATLIN RYAN KRISTIN THOMAS JONATHAN WARDLE NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, Nashville, TN 372192419. 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 Adrienne.BennettCluff@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content. NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1350 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. Our mission is to improve the practice of law through education, service, and fellowship. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

As my tenure as the President of the NBA comes to an end, I am filled with gratitude for all of you who’ve supported me and the organization over the last year. The success of the NBA has been a collective effort, and I’m deeply thankful for the dedication, passion, and hard work of our members. Together, we have achieved significant milestones, advocated for justice, and contributed to the legal profession’s advancement. I would like to extend my gratitude to the board of directors, Abby Sparks, our Executive Director, and the numerous committees and subcommittees that have tirelessly worked towards our association’s goals. Your unwavering commitment to serving the legal community has been the driving force behind our association’s continued success. I also want to acknowledge the invaluable support of our NBA staff. Your dedication to ensuring the smooth operation of the association is appreciated tremendously. Behind the scenes, you’ve played a pivotal role in making my year as president successful. I also need to thank my friends (you know who you are!) that stepped up when I called to ask you to serve on a committee, shared your feedback as I tried to resolve an issue the NBA was facing, or attended happy hours so we could hang out and make sure we hit the minimum. This association’s former presidents, members, and colleagues have been invaluable to my success this year. To our members, I offer my deepest appreciation. Your participation, involvement, and engagement are the heart of our organization. Lastly, and most importantly, I must thank my family for their support. I could not have taken on this role without the support of my loving wife, Julia, and my amazing kids Alexander, Camille, and Ryan! As I pass the torch to my successor, I am confident that the NBA will continue to thrive and evolve. While my time as president has come to an end, my commitment to the NBA remains unwavering. I look forward to seeing all of you at future golf scrambles, picnics, CLEs, and other NBA events. In closing, I want to express my sincere gratitude to each and every one of you. It has been an incredible journey, and I am immensely proud of all that we have achieved together. Thank you for your trust, your support, and your dedication to the NBA. With warm regards and deep appreciation,

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

Calendar of Events | Full calendar online at NashvilleBar.org OCTOBER 2023 S U N D AY

M O N D AY

T U E S D AY

W E D N E S D AY

LAW Board Meeting 11:30am | NBA Office NBA Board Meeting 4:00pm | Holland & Knight Dial-A-Lawyer 6:00-8:00pm

31 T U E S D AY

W E D N E S D AY

T H U R S D AY

NBFLF Mentor Event 5:30pm

NBA Board Meeting 4:00pm Dial-A-Lawyer 6:00-8:00pm

14 YLD 20th Annual DISCO Race Judicata 8:00am | Edwin Warner Park

F R I D AY

S AT U R D AY

YLD Annual Meeting 5:30pm

Historical Committee Meeting 11:30am | NBA Office/Zoom NBA Diversity Committee Meeting 12:00pm | Zoom YLD Board Meeting 12:00pm | Bradley

NBF Trustees Meeting 12:00pm NBFLF Steering Committee Meeting 4:00pm | Zoom

Welcome to the Bar Breakfast 8:00am | Historic Courthouse

Fall Memorial Service 10:00am | Downtown Presbyterian Church NBA Finance & Executive Committee 4:00pm

NBA CLOSED

NBF Trustees Meeting 12:00pm | Zoom NBA Finance & Executive Committee 4:00pm

Historical Committee Meeting 11:30am | NBA Office/Zoom NBFLF Steering Committee Meeting 4:00pm | Zoom

CLE Committee Meeting 11:30am | NBA Office Judge Kennedy Portrait Unveiling 1:30pm | Historic Courthouse Justice Tarwater Welcome Reception 4:30pm | NSL

Memorial Service Committee Meeting 12:00pm | Zoom YLD Board Meeting 12:00pm | Bradley YLD Cocktails for Costumes 5:30pm | Bastion

M O N D AY

S AT U R D AY

S U N D AY

F R I D AY

Ethics Committee Meeting 12:00pm | NBA Office NBFLF Program Casa Azafran

NOVEMBER 2023

T H U R S D AY

NBA CLOSED

23 Historical CLE Nashville Public Library

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL Journal Journal

2023 NBA BOARD OF DIRECTORS GULAM ZADE, President

BAHAR AZHDARI, President-Elect LORA FOX, First Vice President

MARLENE MOSES, Second Vice President JD THOMAS, Secretary GIL SCHUETTE, Treasurer GRACE FOX, Assistant Treasurer LELA M. HOLLABAUGH, General Counsel BEAU CRESON, YLD President MARTESHA JOHNSON MOORE, Immediate Past President KAYA GRACE PORTER, First Vice President-Elect KIM LOONEY, Second Vice President-Elect CHRISTEN BLACKBURN

Hear Ye, Hear Ye | Events of Interest Nashville Bar Foundation Grant Applications

The Nashville Bar Foundation is now accepting grant applications for 2024-. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. Grant eligibility and application guidelines can be found at NashvilleBar. org/NBFGrantGuidelines. The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/NBFGrantApplication and are due in mid-January. Watch your NBA Weekly Update for further information. n

JAZ BOON AMY WILLOUGHBY BRYANT DANIEL CLAYTON ERIN COLEMAN SHERIE EDWARDS HON. ANA L. ESCOBAR SAM FELKER MANDY FLOYD ELIZABETH FOY PAZ HAYNES JOSEPH HUBBARD JUNAID ODUBEKO BEN RAYBIN WORRICK G. ROBINSON IV MARIE SCOTT

Membership Renewals

It’s time to renew your membership! The 2023 membership year ends on October 31. You may renew online at NashvilleBar.org/Renew (it only takes a few minutes!), by contacting Ashley at Ashley.Moore@nashvillebar.org or calling 615242-9272. If your firm is part of Firm Billing with the NBA, please check with your administrator before renewing online. Thank you for your continued support and membership! n

TIM WARNOCK LUTHER WRIGHT

NBA TEAM ABBY SPARKS, Executive Director CAMERON ADKINS, CLE Director ADRIENNE BENNETT CLUFF, Marketing & Communications Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator ASHLEY MOORE, Director of Accounting & Membership VICKI SHOULDERS, Office Manager & LRIS Coordinator

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 Adrienne.BennettCluff@nashvillebar.org.

Fall Memorial Service

Our Fall Memorial Service will be held on Thursday, November 16. The service begins at 11:00am. Stay tuned to upcoming NBA Weekly Update emails and NashvilleBar.org/MemorialService for a list of those who will be honored. A project of the NBA’s Historical Committee, memorial services honor the memory of those Nashville lawyers and judges who have recently passed away. n

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

Hear Ye, Hear Ye | Events of Interest 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 6, to be held at the 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, visit NashvilleBar.org/TuneAward and submit your entry no later than Friday, October 13. Visit NashvilleBar.org/Awards for more information. n

Save the Date! NBA Annual Meeting & Banquet

Gather around for our annual meeting on Wednesday, December 6th. A reception for our members will begin at 5:30pm followed by dinner and the program. Watch your NBA Weekly Update for more details! n

Events At-A-Glance October 18 | NBA + YLD Cocktails for Costumes @ Bastion

October 21 | YLD 20th Annual DISCO Race Judicata @ Edwin Warner Park

November 16 | Fall Memorial Service @ Downtown Presbyterian Church

December 6 | Annual Meeting & Banquet @ Music City Center View photos of these past events or at NashvilleBar.org/PhotoGallery. Be on the lookout for more information about upcoming events! n OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

Feature Story | Tracy Kane

A Brief History of Land Use Planning in Nashville Nashville has experienced many cycles of growth and development in its more than 200-year history. Many of those cycles have corresponded with and been influenced by population growth and technological change that impacted how we relate to and use the land we occupy. In each of those cycles, we find in the historical record evidence of the same tension many feel in Nashville today – that of identifying itself as growing, future-oriented, and open to cultural adaptation yet also a city that does not want to lose touch with its existing character, natural environment, and cultural hallmarks that draw people here and convince them to stay for generations. Over the last 100 years, land use planning and zoning have been one of the most influential tools in shaping the development of our city. It is worth reflecting on the context in which those tools were used and how they have changed over the decades to learn how we might continue to modernize them to meet the needs of Nashville today and Nashville in the future. In the earliest days of Nashville’s history, prior to wide-spread use of land use and zoning laws, the primary legal mechanism for controlling development and settling disputes between neighbors over their respective use of the land and its impact on others — whether such use had an adverse effect on value or quality of life or both — was through common law nuisance actions.1 Over time, the cost of litigation and the inability of nuisance law to reach all questionable or incompatible land uses — much less prevent them — led communities to search for more effective alternatives. Creating a plan for the reasonable spacing of buildings and streets was a model used by many of the earliest cities in the American colonies for public health reasons, to minimize disputes between property owners, and to attract development.2 When Nashville (originally Nashborough) was created by an Act of the North Carolina Legislature in 1784, the 200 acre tract of land was surveyed and a plan for the city was developed, establishing 27 rectangular blocks, containing 165 lots, laid out in a grid pattern with four acres reserved for the construction of a Public Square.3 However, proactive land-use planning and zoning didn’t become more

widespread until the late 19th century when the Industrial Revolution brought dramatic changes to the way people lived and worked in cities. Cities grew dramatically in the latter half of the 1800s as people left rural areas and moved to the cities seeking jobs in factories and offices. With no rules to govern the development, these new growth patterns led to deplorable public health conditions in most cities. Specifically in Nashville during this time, early residential areas that extended from the central business district (Germantown to the north, Edgefield to the east, and Rutledge Hill to the south) were soon a mix of residential alongside industrial and manufacturing businesses. Following completion of the Capitol building in 1853, new businesses and government offices flowed into the core of downtown resulting in most of the grand single-family homes that had been built along the north and west slopes of Capital Hill being converted into boarding houses as families left the city center. Around the same time as industrial and business growth changed the character of the city center, technological advancements in transportation made it possible to connect the central business district of the city with suburban developments along the fringe.4 By the early 20th century, with the myriad new land uses that came with the Industrial Revolution, people began to look to their elected officials for less costly and more effective ways to resolve land use conflicts, improve the value of the land, and improve public health. Tennessee followed this trend and began creating governmental bodies dedicated to proactive land-use planning. The General Assembly authorized the creation of the Memphis planning commission in 1920. Planning commissions were authorized for Knoxville and Chattanooga in 1922 and for Nashville in 1925. Tennessee’s local governments began seeking authority to zone land uses around the same time. The General Assembly passed the first enabling legislation authorizing counties and municipalities to enact zoning regulations in 19355 based on model legislation created in 1926 by the Department of Commerce under then Secretary of Commerce Herbert (continued on page 8) (continued on page 00)

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

Feature Story | A Brief History of Land Use Planning in Nashville Hoover. Tennessee adopted the subdivision regulation provisions of the Department of Commerce’s 1928 Standard City Planning Enabling Acts in 1935.6 Land use is a generic term that refers to the function of land, particularly what it’s being used for. As a development tool in cities, towns, and suburbs, proactive land use is a process of organizing the use of land to meet the public and private needs of occupants while respecting the capabilities of the land. Many communities create a comprehensive plan, which establishes a community’s goals for its physical growth and development. Zoning is the primary means of implementing the goals and objectives of the plan. Traditional zoning allocates the land in a municipality by dividing it into different districts or zones in which certain activities are prohibited and others are permitted. Land use planning and zoning regulations significantly shape and impact our physical environment and can affect property rights, housing costs, access to jobs and economic opportunities, climate mitigation and resilience, and racial equity among other matters, which is why it remains a controversial public policy to this day. The evolution of land-use regulation through the 20th century produced additional ways of establishing community standards. In Nashville, the 1950s and 1960s brought the Urban Renewal Projects, including the Capitol Hill Redevelopment Project and replacement of numerous buildings built between the 1870s and 1920s to make way for skyscrapers. While Urban Renewal was intended to revitalize the city, there were many casualties including demolition of lower-income housing, all the Federal and Classical townhomes surrounding Capitol Hill, the James K. Polk home, and the Public Square, as well as disruption of the integrity of several historic neighborhoods in the vicinity of downtown. In the later part of the 20th century, communities began to look for ways not only to control the way their communities developed but sought to preserve historically significant structures, protect historic resources, and otherwise preserve the historic character of established neighborhoods. In Nashville, many believed the city was at risk of losing its remaining historic resources if it did not incorporate preservation into its proactive planning process. As a result, in 1974, Metropolitan Nashville and Davidson County adopted an ordinance creating historic zoning and authorizing the creation of the Metropolitan Historical Commission (MHC), and in 1977, the Metropolitan Historic Zoning Commission (MHZC) was established. The first historic zoning district, Edgefield, was designated in 1978.7 The ordinance was amended in 1983 to bring it into compliance with revised state enabling law, and again, in January 1985, to establish a second, less-restrictive type of historic zoning called neighborhood conservation zoning. These bodies work to incorporate preservation planning into the general plan of Nashville as a proactive approach to preserving Nashville’s historic resources and protecting Nashville’s unique historic character. 8

(continued from page 7)

Historic zoning in Metro Nashville is an umbrella term that currently includes six different types of historic overlays designed to protect the architectural character of Nashville’s historic buildings and sites while managing growth and change with predictability and transparency in the development process.8 Historic zoning overlays are applied in addition to the base or land-use zoning of an area and do not impact use. Today there are dozens of historic landmarks and more than 22 neighborhood conservation overlays across Metro Nashville. In the modern era, additional strategies, such as concurrency requirements and performance-based planning, have been developed to reduce the strain on public resources and adverse effects on quality of life that sometimes come with growth and development.9 Either can be an alternative to zoning, but in many cases communities have incorporated a hybrid approach utilizing one or more of these approaches in addition to base zoning. Since the late 1990s, Metro Nashville has enacted several of these additional zoning overlays, including Urban Design Overlay, Contextual Overlays, Institutional Overlay, Corridor Design Overlays, and Planned Unit Developments, along with many specific purpose overlay districts like the Greenway Overlay District and Floodplain Overlay District.10 These planning tools that focus more on form and impact than separation of uses can help cities meet the changing needs of their community, from addressing housing shortages to incentivizing low-carbon development and preparing for climate change with the goal that the community gets the kind of growth and benefits it desires, balanced with reasonable costs (tangible and intangible) to the community and the environment.11 Nashville is defined by the people that live here today as well as those that preceded us. The land-use planning tools developed and implemented over the last 100 years, including historic preservation planning and zoning, are one of the important ways the city can maintain its unique mix of cultural conservation and preservation of our city while staying open and adaptive to change.12 Our ability to strike this balance (or not) will determine how resilient we will be as a city in the decades ahead. TRACY KANE is the Chief Administrative and Legal Officer at Endeavor Business Media. She also responsible for the organizational health, HR, and DEI (Diversity, Equity and Inclusion) functions across the business.

Endnotes

Nuisance is a common law doctrine “grounded in the maxim that ‘a man shall not use his property so as to harm another.’” (continued on page 28) 1

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

Editorial | Ramona P. DeSalvo

A Century of Women in the Legal Profession A century seems like a very long time. It feels implausible that women in the legal profession were quite rare one hundred years ago, and that those women known to us today as trailblazers in the law can often be found in our contacts, speaking on panels at conferences, or featured in current law articles. A historical perspective illustrates the nascent development of women in Tennessee law. In 1869, Arabella Babb Mansfield was the first woman admitted to the practice of law in the United States, despite Iowa’s prohibition against women taking the bar exam. After a court challenge, Iowa changed its licensing rules, becoming the first state to allow women and minorities bar admission; however, Mrs. Mansfield never practiced law, working as an educator and suffragist. Not quite 30 years later, the U. S. Supreme Court decided Plessy v. Ferguson, 163 U.S. 537 (1896), affirming segregation as the law of the land. The Court held, “Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”1 The very next year, however, a Shelby County judge admitted the first African American female attorney, Lutie Lytle, to the Tennessee bar,2 and Lytle is reputed to be the first female law professor at Central Tennessee University in 1898. The first woman to actively engage in the practice of law in Tennessee was Marion Griffin, who lobbied

the General Assembly to remove the male only qualifier for bar admission. She was admitted to practice in 1907 by the Tennessee Supreme Court and in 1923, became the first woman to serve in the General Assembly.3 She was elected shortly after Tennessee became the 36th state to ratify the 19th Amendment that prohibited the denial of the right to vote on the basis of sex, effective August 26, 1920. While Marion Griffin forged ahead with her law practice, President Woodrow Wilson undid 50 years of post-Civil war reconstruction by instituting segregation in the federal government and screening D.W. Griffith’s film Birth of a Nation at the White House in 1915. Wilson, along with the film’s success, are credited with fueling the re-emergence of the Klu Klux Klan in the 1920s. Against this backdrop, Tennessee saw Judge Camille Kelley become the first female judge in 1920, serving in Shelby County Family Court despite never having been admitted to the bar. While women practiced law over the ensuing 75 years, it was not until 1978, more than 50 years after the 19th Amendment’s passage, that Nancy Sorak became the first elected female judge in Shelby County. Judge Julia Smith Gibbons was the first woman to serve on a state trial court, having been appointed by Governor Lamar Alexander in 1981.4 Chancellor Sharon Bell was elected in 1986 as the first female chancellor in the state and first female judge on a court of record in East Tennessee. It was not until 1990, some 93 years after Lutie Lytle was ad(continued on page 12)

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

CAN YOU NAME THESE PEOPLE?

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

AUG/SEP GOLDEN OLDIES

Congratulations to David L. Cooper of The Law Office of David L. Cooper for correctly identifying the individuals in last issue’s photo! Individuals are listed from left to right: Justice A.A. Birch, Hon. Harry Lester, and Judge Donald Washburn.

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

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

BACKGROUND CHECK

Gulam Zade | Bart Pickett

Gulam Zade was born in Baku, the capital city of Azerbaijan, in 1985. When he was 7 years old, his family moved to Nashville. He grew up in Hillsboro Village and graduated from John Overton High School. Zade began on a pre-med track in undergrad, first at Belmont and then at Western Kentucky University. However, by his junior year, he realized he hated the sight of blood and was not meant to be a doctor. To pivot, Zade decided being an attorney would be the easiest way for him to build a successful and lucrative career, so he chose law school. He graduated from college in December 2007. Knowing law school would not start until the fall, Zade needed a job. His childhood best friend told him that his father, Bobby Garfinkle, needed help at his law office in Green Hills. Zade went in for what he thought was an interview but turned out to be his first day on the job when Bobby Garfinkle and John McLemore sent him to work onsite at his first receivership. Zade attended the University of Louisville for law school. He had no prior connection to the school, but he visited Louisville during Derby weekend and loved it. While attending University of Louisville’s Brandeis School

of Law, he traveled back and forth to Nashville and continued to work for Garfinkle, McLemore & Young PLLC (GMY Law). He graduated in May 2011 and began working for the firm full time. Zade worked for GMY Law for a total of 8 years and specialized in restructuring, corporate insolvency, and bankruptcy. His practice included representing bankruptcy trustees and receivers in both state and federal courts, as well as corporate entities and individuals in out-of-court workouts. Zade transitioned to an in-house role at LOGICFORCE in 2014 and became the CEO of the regional law firm technology services business in 2018. In 2021, Zade led the sale of LOGICFORCE to Frontline Managed Services, a multi-national company that provides back-office services for law firms. Zade transitioned to the Chief Legal Officer of Frontline following the transaction. 2014 proved to be an important year for Zade and the NBA because it was the start of his journey with the organization. In addition to changing jobs that year, he also became a member of the NBF Leadership Forum’s inaugural class. John McLemore, the unofficial photographer of the NBA, encouraged Zade to be involved with the NBA. When Zade joined the class, many of the class members knew each other, but Zade didn’t have existing connections. He credits a call to John Tarpley, who he knew from a prior case, with getting him into the program. During that year, he became involved with the NBA YLD at the request of a fellow classmate in the forum. After serving as NBA YLD social

chair for 2 years, he became the YLD president, which led to the NBA board. Once elected to the “big board,” Zade made it clear to his fellow NBA board classmates that he intended to run for president. Perhaps due to that early determination, at the age of 37, Zade became the youngest professional to be elected as NBA President. As he looks back on his year as president, Zade believes he has made his biggest impact in the hiring of Abby Sparks as Executive Director and the time spent ensuring she is set up for success as she continues to lead the organization. He has also led the development and improvement of many important operational processes. Zade spends much of his time outside the office with family. He and his wife Julia live in Brentwood, close to their parents and siblings. Zade has 3 awesome children, Alexander, Camille, and Ryan (10, 8, and 4 months). In addition to his nonprofit and bar association work, Zade enjoys coaching his kids in football, basketball and serving as a Scout Leader for his son’s Cub Scout troop. n BART PICKETT was recently appointed as the State Trial Court Administrator for the Twentieth Judicial District where he oversees the operations of the 18 State Trial Courts. Prior to that, he practiced as a trial attorney for Liberty Mutual Insurance Company.

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

Editorial | A Century of Women in the Legal Profession mitted to the bar, that Justice Martha Craig Daughtrey became the first woman seated on the Tennessee Supreme Court (following 15 years of service at the Tennessee Court of Criminal Appeals).5 Despite the long delay in seating women on Tennessee’s highest court, the state soon had a majority of women justices. Janice Holder was appointed in 1996,6 and then became the first Chief Justice of the Tennessee Supreme Court in 2008. Justice Sharon Lee was appointed the same year, serving until her retirement in 2023.7 Justice Cornelia Clark was confirmed in 2005, and she, too, served as Chief Justice from 2010 to 2012,8 remaining on the Court until her death in 2021. Justice Holly Kirby was confirmed in 2014, having been the first woman to serve on the Tennessee Court of Appeals in 1995. Governor Lee appointed Justice Sarah Campbell, confirming her to the Supreme Court on February 10, 2022. On September 1, 2023, Justice Kirby was elected Chief Justice.9 Nationally, women constitute 38.3% of the legal profession as of 2022, up by five percent from a decade earlier.10 Historically, the numbers for women in the profession have changed significantly: between 1950 and 1970, only 3% of all attorneys were women.11 To put the current percentage in perspective, roughly one in three attorneys are women, and more women than men were enrolled in law school in 2021.12 More than 40% of all law school deans are now women.13 Despite the progress, women continue to face pay disparities and represent less than 23% of equity partners in firms, among other barriers when compared to their male counterparts. Recent female bar admittees may not realize that their “trailblazers” are members of their local bar associations rather than women from the early 20th century. While progress has been significant

for women in the legal profession, it took more than a century to get to where they are today. And yes, a century is indeed a very long time. RAMONA P. DESALVO is an entertainment law attorney who now focuses on film and online platform productions for The Daily Wire, including the Ben Shapiro Show and the Jordan Peterson podcast. Ramona has been in the Nashville music industry for over 30 years.

Endnotes 1 2

Plessy v. Ferguson, 163 U.S. 537, 551-52 https://www.tba.org/index.cfm?pg=LawBlog&b-

lAction=showEntry&blogEntry=32259; https://www. tncourts.gov/sites/default/files/docs/womens_milestones_three.pdf see also, Angela Onwuachi-Willig, The Promise of Lutie A. Lytle: An Introduction to the Tenth Annual Commemorative Lutie A. Lytle Black Women Law Faculty Workshop Iowa Law Review Issue, in 102 Iowa Law Review 1843 (2017). 3

https://memphislibrary.contentdm.oclc.org/digital/

collection/p13039coll1/id/329/; https://www.tncourts. gov/sites/default/files/docs/womens_milestones_ three.pdf 4

https://tncourts.gov/press/2021/10/07/tennes-

see%E2%80%99s-first-female-trial-judge-bestowed-american-judiciary%E2%80%99s-high-

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

(continued from page 9)

est-honor 5

https://www.tncourts.gov/news/2021/03/26/tennes-

see-women-bench-history-firsts https://www.tncourts.gov/press/2008/09/29/bre-

desen-appoints-sharon-gail-lee-tennessee-supremecourt https://www.tncourts.gov/courts/supreme-court/

judges/sharon-g-lee 8

https://www.tncourts.gov/press/2010/08/09/corne-

lia-clark-be-sworn-chief-justice https://www.tncourts.gov/courts/supreme-court/

justices https://www.abalegalprofile.com/demographics.

php#anchor2 11

Id.

https://www.abalegalprofile.com/women.php

Id. n

ROCK THE VOTE!

2024 Board Nominees | Ballots Coming in November Be sure to vote in the upcoming 2024 NBA Board Election! Renew your membership at NashvilleBar.org/Renew no later than October 31 for eligibility Josh Burgener co-chairs Dickinson Wright, PLLC’s litigation practice in the south, where he focuses on complex commercial and business litigation, employment disputes, class action litigation, and real estate litigation. Born and raised in New York City, he received his undergraduate and law degrees from Vanderbilt University. After law school, Burgener clerked for the Honorable Thomas W. Brothers in Davidson County Circuit Court. Burgener’s involvement with the Nashville Bar Association started in 2014 as a member of the Nashville Bar Foundation Leadership Forum’s inaugural class in 2014, and he’s been active ever since. In the years that followed, Burgener has held numerous leadership positions for the NBA, including chairing the Circuit and Chancery Court Committee (2018-2020), serving as the organization’s Secretary (2021), and chairing the CLE Committee since 2021. He is a Fellow of the Nashville Bar Foundation (2020) and a member of the Marion Griffin Chapter of LAW. He was recently invited to participate in the ABA TIPS Leadership Academy and was selected to mentor the most recent NBF Leadership Forum class. Burgener is focused on growing the NBA and ensuring the organization continues to provide outstanding social and CLE programming to its members. He is committed to the NBA’s leadership serving its members and the greater Nashville community with passion, integrity, and diligence. Beau Creson is a commercial litigator at Sims|Funk. Creson attended Vanderbilt Law School, where he graduated Order of the Coif and served as the President of the Honor Council. He earned his undergraduate degree from Clemson University. Creson has been involved with the NBA since he began his legal career in 2013. He currently serves as the President of the NBA Young Lawyers’ Division, and he has served on that Board since 2013. He 14

also serves on the Steering Committee of the NBF’s Leadership Forum, and he became an NBF Fellow in 2023. Creson believes membership and engagement are key issues for the NBA in the coming years. The NBA is a fantastic bar association, and its focus should be demonstrating the strengths we all love to the growing legal community so that they understand the fellowship and service opportunities offered by the NBA. Flynne Dowdy is an employment attorney at Holland & Knight. As a trial lawyer, she represents employers against allegations of harassment, discrimination, retaliation, and wrongful discharge. Her practice also involves providing advice and counsel and wage and hour litigation, including collective and class actions. Dowdy graduated from Howard University with a degree in Journalism and received her law degree from the University of Miami. Dowdy is a past Treasurer and Assistant Treasurer of the NBA Board of Directors and currently serves on the Steering Committee of the Nashville Bar Foundation Leadership Forum. She is a Fellow of the NBF Leadership Forum (Class of 2019) and has been a member of the NBA Diversity Committee. She is a member of the Napier Looby Bar Association and serves on the Nominating Committee. Dowdy also serves on the Board of Directors for PENCIL and other local organizations. An advocate of bar service, Dowdy would like to continue her involvement with the NBA as a Board Member. She is passionate about mentorship and creating professional growth opportunities for minority attorneys and working parents. Outside of work, Dowdy enjoys reading suspenseful thrillers and spending time with her husband, Ronald, and their two young girls. Shellie Handelsman, owner of Handelsman Law, practices estate planning, probate, conservatorship law, business law, entertainment, and IP law. She received her Bachelor of Music in Performance summa cum laude from Berklee College of Music and earned her law

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

ROCK THE VOTE!

2024 Board Nominees | Ballots Coming in November degree cum laude from Belmont University College of Law. Handelsman is President of the Lawyers’ Association for Women (“LAW”) Marion Griffin Chapter Foundation, immediate past president of LAW, and co-chairs the NBA’s Estate Planning & Probate Committee. She previously co-chaired the NBA’s Entertainment, Sports & Media Law Committee. Handelsman has received numerous awards, including Attorney for Justice in 2022, LAW’s Rising Star Award in 2020, the NBA’s CLE Excellence Award in 2019, and the NBA’s President’s Award in 2018. She graduated from the 2022 TBALL class and 2019 NBF Leadership Forum class. When she’s not working, Shellie runs Spartan races, plays lawyers’ league softball, and spends time with her golden retrievers. Cherrelle Hooper is in-house counsel at the Tennessee Housing Development Agency where she represents Volunteer Mortgage Loan Servicing. She graduated Magna Cum Laude from Vanderbilt University followed by Vanderbilt Law School where she served on the Moot Court Board. A servant at heart, she worked at the Legal Aid Society for the first five years of her career during which time she also graduated from the International Association of Defense Counsel Trial Academy at Stanford Law School. Hooper is a Fellow of the Nashville Bar Foundation and a graduate of the NBF Leadership Forum. She served on the Executive Committee of the NBA YLD for several years and spearheaded the Mural Project. She is also an alum of the TBA’s Leadership Law program and a TBA Fellow. She has received the President’s Awards from both the TBA YLD and NBA YLD for her outstanding contributions. She serves as a dedicated mentor to law students. In her spare time, Hooper enjoys traveling, reading, and cooking. Billy Leslie is an attorney with Farrar Bates Berexa. His principal areas of practice are government tort liability and workers’ compensation defense. A Nashville native, He received is BS from Tennessee Technological University (1993) and his JD from the Nashville School of Law (2017) and was inducted into the Cooper’s Inn Honor Society. Prior to graduating law school, Leslie spent 25 years in the financial services industry. After law school, he clerked for the Honorable Timothy L. Easter on the Tennessee Court of Criminal appeals and

worked for the Tennessee Departments of Commerce and Insurance and Human Services. He also serves as an adjunct professor of paralegal studies at Nashville State Community College. Leslie is committed to his community and gives back as opportunities present themselves. Leslie currently serves as on the Tennessee Bar Association Board of Governors, after serving as the TBA YLD President from 2021-2022. He has served on the NBA’s Diversity Committee and was part of the NBF Leadership Forum Class of 2022-2023. He also serves on the Tennessee Stonewall Bar Association Board and is a member of the Harry Phillips Inn of Court. John R. Manson serves as a Judicial Magistrate for Davidson County’s Night Court. He was previously Special Counsel at Lewis Thomason, P.C., in the firm’s Nashville Office. A Nashville native, Manson earned his Bachelor’s Degree in Music Performance from Morehouse College in Atlanta, GA, and his Juris Doctor degree from Howard University School of Law. He is an adjunct professor at Lincoln Memorial University’s Duncan School of Law in Knoxville. Manson has served in judicial roles for much of his career, serving as Special Master for 8th Circuit Court and Special Probate Master for 7th Circuit Court. He is a Past President and current Board Member of the Napier-Looby Bar Association and a Nashville Bar Foundation Fellow. Outside of the law, he is an accomplished musician, a past president of the Nashville Symphony Chorus, and a member of the W. Crimm Singers. He is married to attorney Lora Manson, and they have two daughters. Seth Ogden, a shareholder at Patterson Intellectual Property Law, focuses on intellectual property law issues including litigation, portfolio development, and client counseling. He earned his JD from American University, Ph.D. in Cancer Biology from Vanderbilt University, and a BA from University of Virginia. Dr. Ogden is a member of the NBA veterans committee, which he formerly co-chaired. He currently serves as the Tennessee Intellectual Property Law Association treasurer and Board President at Operation Stand Down. He is also an active member of the TBA and was recently awarded the 2023 Larry Dean Wilks Leadership Award as part of the 2023 TBALL class. Pro bon legal representation of veterans is of particular interest to Ogden. He has pursued veterans’ disability claims at the Veterans (continued on page 16)

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

ROCK THE VOTE!

2024 Board Nominees | Ballots Coming in November Administration and the Court of Veterans Claims. Dr. Ogden has been honored with an Attorney for Justice Award multiple years for this work. Rob Peal is a partner at Sims | Funk, PLC. He enjoys a diverse practice focused on complex litigation, and he handles both criminal defense and civil trials. Peal graduated Order of the Coif from Vanderbilt Law School, where he was Associate Editor of the Vanderbilt Law Review and served on the Moot Court Board. He obtained his undergraduate degree from the U.S. Naval Academy in Annapolis, earning a Bachelor of Science (with Merit) in Mechanical Engineering. Before entering the civil practice of law, Peal served in the U.S. Marine Corps, first flying the F/A-18D as a flight officer, followed by service as a Judge Advocate senior prosecutor and law center director. While on duty, he deployed three times, serving in Operations Southern Watch, Enduring Freedom (Afghanistan), and Iraqi Freedom. Peal is a graduate of the 2015 TBA Leadership Law Class, was inducted as a Nashville Bar Foundation Fellow in 2022 and chaired the Silent Auction Committee for the NBF Gala in 2023. For the past three years, he has co-chaired the Nashville Bar Association Chancery and Circuit Court Committee. Bruce Shanks practices with Deloitte Tax LLP in the National Multistate Tax Services group focusing on state strategic tax review and restructuring. He is a graduate of the University of Memphis Law School, University of Alabama Law School (Tax LL.M), and Austin Peay State University. Shanks currently co-chairs the Nashville Bar Foundation Leadership Forum Steering Committee and Nashville Bar Association Tax Committee. He also serves on the Advisory Board for the Tennessee State University School of Business and Deloitte Tax’s Innovation Committee. Shanks moved to the Nashville area after serving in the United States Army and is involved in several tax assistance programs aligned with the assistance of Veterans. John Spragens represents individual and class action plaintiffs, recovering multi-million-dollar verdicts in federal jury trials against cigarette manufacturers and successfully representing the city of Nashville in class litigation over the nationwide opioid epidemic and pharmaceutical price inflation. An adjunct faculty member at Vanderbilt Law School, where he teach16

es “The Practice of Aggregate Litigation,” he was named a 2023 Super Lawyer and a Super Lawyers Rising Star (2016-2022), as well as an American Bar Association “Top 40 Young Lawyer.” Spragens has represented the NBA on the Metropolitan Board of Ethical Conduct and Nashville Bar Foundation Leadership Forum board, serves on the boards of the Tennessee Trial Lawyers Association, the American Constitution Society, Planned Parenthood of Tennessee and North Mississippi, and the Tennessee Freedom Circle, and as campaign treasurer for Nashville Public Defender Martesha Johnson Moore. He will use his NBA board service to help fellow lawyers advocate for democracy and the rule of law; diversity, equity, and inclusion; and the disenfranchised. A graduate of Kenyon College and Vanderbilt Law School, Spragens lives in Nashville with his wife Claire Meneely, owner of a great local bakery, and their two daughters. Leigh Walton has spent her career at Bass, Berry & Sims PLLC, where she specializes in corporate, mergers and acquisitions and health law. She is an Order of the Coif graduate of Vanderbilt Law School. She attained her undergraduate degree from Randolph-Macon Woman’s College. During her career, Walton has been actively involved with the American Bar Association, where she served a three-year term as chair of its Mergers & Acquisitions Committee, a group with over 5,000 members in 40 countries on five continents. She also served for 12 years on the ABA’s Corporate Laws Committee, a 36-member committee responsible for the development of the Model Business Corporation Act used as the governing corporate law in 35 states and other jurisdictions. She was elected in 2019 to the American College of Governance Counsel. Walton is a member of Women Corporate Directors, comprised of women who serve as directors of public companies, as well as the International Women’s Forum. She serves on the board of the Belcourt Theatre and is a member of the YWCA’s Fulcrum Society. She is an adjunct professor at Vanderbilt Law School teaching Healthcare Mergers & Acquisitions. Among her passions, Walton has focused on access to justice, serving as the co-chair of the 2022 annual campaign for the Legal Aid Society of Middle Tennessee and the Cumberlands. Throughout her career she has worked to enhance diversity in the legal profession, with a particular focus on promoting and mentoring women. She is interested in developing programming that will attract more corporate lawyers to the NBA and our community’s pro bono efforts. n

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

TENNESSEE CHAPTER

Nashville Area Members recognized in 2023 for Excellence in the field of Dispute Resolution

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 627-9390

Gayle MALONE, Jr. (615) 651-6775

Paul DeHOFF (615) 631-9729

David NOBLIT (423) 265-0214

Mark TRAVIS (931) 252-9123

Barry L. HOWARD (888) 305-3553

Dan NOLAN (931) 647-1501

Jack WADDEY, Jr. (615) 850-8752

James KAY (615) 742-4800

Michael RUSSELL (615) 815-0472

Ron WELLS (423) 756-5051

Mark LeVAN (615) 843-0308

John TARPLEY (615) 259-1366

Kreis WHITE (615) 309-0400

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

BILL & PHIL’S GADGET OF THE MONTH

Microsoft Windows 11 Upgrades | Bill Ramsey & Phillip Hampton 14 directly from Windows.

It’s been almost two years since Microsoft released Windows 11; and while we were generally pleased with this new version when it was released, subsequent updates have added even better functionality and new features that we like. A recent automatic update that was installed on our computer reminded us to go back and look at some of our favorite Windows updates over the past year. Phone Link for iOS: Phil has used the excellent Windows Phone Link app to access his Samsung Galaxy Android phone directly from the Windows desktop. Whether responding to text messages, accessing photos on the phone, or even making calls, the Phone Link app on Windows has been a very convenient link between an Android smartphone and Windows. Up until a recent update, the Phone Link app did not support linking to iOS devices, much to Bill’s chagrin. The feature update from earlier this year now enables Bill to access his iPhone

Snipping Tool Screen Record: The Snipping Tool app (free Windows app) may be one of the most-used apps on any given week on our computer. We use it frequently to capture screengrabs, mark them up, and then paste them into an e-mail or document. It is a wonderful tool that is simple to use. So, we were excited to see a recent update added the ability to record a video of any portion of our screen that we designate. This feature is particularly useful if you are preparing a presentation and need to show a progression of screens, mouse clicks, or other screen movement. The screen recording option creates a simple video that can be pasted into your presentation, e-mail, or document. File Explorer Tabs: If you’re like us, you probably use (and maybe overuse) tabs on your favorite internet browser extensively. You can have multiple internet pages active in your browser and just access each page from its associated tab at the top. Somebody besides us must have asked the question, “if you can do this for internet pages, why can’t you do it for file explorer ‘pages’?”. Microsoft had the answer with a recent update that enabled the ability to create file tabs in file explorer. With this handy feature you can display the contents of multiple folders, each with its own tab, and can even copy and paste files between the different tabs with ease. This was a no-brainer update that should have happened a long time ago if you ask us. Alt-Tab Functionality: The Alt-Tab

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

shortcut key is a very convenient way to switch the active window on your Windows desktop to one of the many application windows you may have open at any given time. When using Alt-Tab, it is also very nice if you can see all of the internet. Snap Layout Update: We absolutely love the Snap Layout options introduced in Windows 11. Being able to easily move windows into preset zones on the desktop is a productivity enhancer for sure. With updates over the past year to this feature, we can now simply begin moving a window around on the screen and Windows automatically responds with a Snap Layouts template where we can drop the window we are moving into any of the preset zones. Optimizing the placement of your open windows on the desktop has never been easier. While Windows 11 has officially been out for almost two years, adoption in the market has been slow. According to Statcounter (gs.statcounter.com), as of mid-2023, Windows 11 accounts for just 23% of all Windows installations. Windows 10 still dominates with over 70% market share. With the Win 11 updates that Microsoft has rolled out over the past 12 months, we believe it is prime time to go ahead and upgrade if you have not done so already. -Bill & Phil n

Journey to Holland

For Members & Guests of the Nashville Bar Association

May 2 - 6, 2024

Keukenhof – The Hague – Rotterdam – Kinderdijk

May 6 - 8, 2024

Optional 2 Night Extension in Amsterdam

Law & Culture in the Netherlands For more info & to register online, please visit cle-abroad.com/trip/nba

Book by October 31 to Receive $150 Off Final Invoice Discounts Available for Public Interest Attorneys

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. OCTOBE R 1 6 | LIVE SEMINAR

YOUNG LAWYERS’ LUNCH WITH THE JUDGES SERIES: TIPS AND TRICKS FROM THE BENCH Chancery & Circuit Courts OVERVIEW Lunch with the Judges – a series of CLEs aimed to help connect new attorneys with judges in their practice field. Hear from the judges for tips and tricks on avoiding common pitfalls they see from the bench, including while submitting briefs, arguing motions, and other stages of litigation. As an added bonus, there will be a meet and greet with the Judges following the CLE. The second CLE in the series is specifically targeted to civil litigators practicing in Circuit and Chancery Courts, with Judge Thomas Brothers, Chancellor Anne Martin and Chancellor Russell Perkins presenting. Attending is a great way to network with your colleagues who practice in these areas as well as the judges deciding your cases! Lunch will be provided. Sponsored by Klein Solomon Mills. PRESENTERS Hon. Thomas Brothers Hon. Anne Martin Hon. Russell Perkins DETAILS Seminar ��12:00pm – 1:00pm Credit ��1.0 General Location ��Historic Metro Courthouse COST NBA Member ��$35 Non-Member ��$89

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

OC TOB E R 20 | LI V E S E M I N A R

ETHICS AND ELECTIONS IN TENNESSEE AND THE FEDERAL ELECTION COMMISSION OVERVIEW Join us at Belmont College of Law to learn more about elections at the state and federal level. Topics will include current issues, ethics and campaign finance laws, and what campaign reform would look like in TN. PRESENTERS Adam Friedman, Tennessee Lookout Junaid Obubeko, Bradley Nathan Ridley, Bradley Lauren Topping, Bureau of Ethics & Campaign Finance James E. “Trey” Trainor, III, Federal Election Commissioner Bill Young, Bureau of Ethics & Campaign Finance DETAILS Seminar ��12:00 – 3:00pm Credit ��3.0 General Location ��Belmont College of Law COST NBA Member ��$139 Non-Member ��$279

O C TO B E R 30 | H Y B R I D S E M IN A R

ESTATE PLANNING AND PROBATE PRACTICE INSTITUTE

FAMILY LAW INSTITUTE OVERVIEW

OVERVIEW The NBA Estate Planning and Probate Committees are pleased to present their annual Estate Planning and Probate Practice Institute. For the first time, this year’s Institute will be all day (6 hours of CLE credit). Lunch will be sponsored by Patrick Beless of Brown & Brown for those attending in person. Topics will include E-filing, Conservator Training and Best Practices, Annual Case Law and Legislative Updates, a Clerk & Master Panel, and more!

The NBA Family Law Committee presents the annual Family Law Institute, featuring 4.0 hours of CLE. This year’s institute includes perspectives from the bench, annual case law update, and more! PRESENTERS For a complete agenda and presenter information, visit NashvilleBar.org/FamilyLawInstitute.

PRESENTER

D E TA I L S

For a complete agenda and presenter information, visit

Seminar ��9:00am – 1:30pm Credit ��4.0 General

NashvilleBar.org/EstatePlanningProbateInstitute.

Location �� Hybrid - Virtual (Zoom) & NBA Office

DETAILS Seminar ��9:00am – 4:00pm

COST

Credit ��6.0 General

NBA Member (CLE Credit) ��$195 Non-Member ��$389

Location �� Hybrid - Virtual (Zoom) & NBA Office COST NBA Member ��$275 Non-Member ��$549

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

N OV E M B E R 14 | V I R TU A L S E M I N A R

YOUNG LAWYERS’ LUNCH WITH THE JUDGES SERIES: TIPS AND TRICKS FROM THE BENCH Criminal Courts OVERVIEW Lunch with the Judges – a series of CLEs aimed to help connect new attorneys with judges in their practice field. Hear from the judges for tips and tricks on avoiding common pitfalls they see from the bench, including while submitting briefs, arguing motions, and other stages of litigation. As an added bonus, there will be a meet and greet with the Judges following the CLE. The third CLE in the series is specifically targeted to those practicing in Criminal Courts. Attending is a great way to network with your colleagues who practice in these areas as well as the judges deciding your cases! Lunch will be provided. Sponsored by Byron Pugh Legal.

GOVERNMENT PRACTICE INSTITUTE OVERVIEW For more than 20 years, the NBA has provided government attorneys exceptional CLE. We look forward to continuing to provide you with high quality programs focused on government practice issues. These seminars will offer six hours of Government-specific CLE programming on Tuesday, November 14, and six hours—including three hours of ethics—on Wednesday, December 20. Topics will include updates on TN & US case law, the annual Ridley Staley report, and more!

PRESENTERS Hon. Khadija Babb Hon. Cynthia Chappell

PRESENTER For a complete agenda and presenter information, visit

Hon. Steve Dozier

NashvilleBar.org/GovernmentInstitute.

DETAILS

D E TA I L S

Seminar ��12:00pm – 1:00pm Credit ��1.0 General Location ��Justice A.A. Birch Building COST NBA Member ��$35 Non-Member ��$89

Seminar ��8:00am – 4:15pm Credit ��6.0 General Location ��Virtual (Zoom) COST November 14 Only ��$259 November 14 & December 20 ��$389

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

N OV E M B E R 29 | H Y B R I D S E M IN A R

ETHICS LIES & VIDEOTAPE Part XXI

OVERVIEW Don’t miss one of the NBA’s most popular ethics and professionalism programs! Past seminar participants have rated this seminar a “10.” 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? PRESENTERS Hon. Barbara Holmes

GENERATIVE AI IN THE LEGAL LANDSCAPE: Opportunities for Lawyers & Advising Clients OVERVIEW Join us for a high-level overview of algorithms and AI technology and generative AI tools such as ChatGPT. This CLE will cover the potential effects to the legal profession created by generative AI and early tools being introduced, as well as the risks associated with client use of generative AI (e.g., bias, hallucinations, data loss).

Ed Lanquist

PRESENTERS

Hon. Neal McBrayer

Allen Gibby, Asurion

D E TA I L S

DETAILS

Seminar ��1:00 – 4:15pm Credit �� 3.0 Dual Location �� NBA Office

Seminar ��Time TBD Credit ��1.0 General

COST

NBA Member ��$139 Non-Member ��$279

NBA Member ��$45 Non-Member ��$89

Location �� Hybrid - Virtual (Zoom) & NBA Office

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

DECEMBER 1 | HYBRID SEMINAR

THE LEGAL AID REVOLUTION: CHALLENGING THE STATUS QUO OVERVIEW Join the NBA Historical Committee in exploring the story behind the origin and early years of Middle Tennessee’s legal aid program. This seminar will dive into Ashley Wiltshire’s recent book, Everyday Justice, and employ first-hand accounts of the lawyers who participated in the legal aid program during its infancy. These lawyers confronted legal, ethical, and political hurdles, wielding the Constitution and statutes in creative ways. The CLE will also discuss ethical challenges, the legislative advocacy of the program, and ground breaking cases that opened the doors to the courtroom for many people who could not have previously afforded counsel. PRESENTER For a full list of presenters, please visit NashvilleBar.org/LegalAidCLE. D E TA I L S Seminar ��12:00 – 3:00pm

ENTERTAINMENT, SPORTS & MEDIA LAW INSTITUTE OVERVIEW Register now and join your colleagues for the Entertainment, Sports & Media Law Committee’s annual event! This full day, information-packed seminar will feature panels or presentations including entertainment litigation “year in review,” an overview of legal issues surrounding the creator economy, and a deep dive into new copyright rulings! If you practice entertainment, sports, or media law, you don’t want to miss this opportunity to stay current on timely topics and network with other colleagues in your field. PRESENTERS For a full list of presenters, please visit NashvilleBar.org/ESMInstitute.

Credit �� 3.0 Dual

D E TA I L S

Location ��Nashville Public Library - Downtown Location

Seminar ��9:30am – 5:15pm Credit ��7.0 General

COST NBA Member ��$0 Non-Member ��$0

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

Location �� Hybrid - Virtual (Zoom) & NBA Office COST NBA Member ��$275 Non-Member ��$549

Editorial | Summer Geyer

Then & Now: Second Avenue Second Avenue is currently home to various bars, restaurants, and shops that include Wildhorse Saloon, Hard Rock Café, and Taco Bell Cantina. But Second Avenue was not always a hot spot for line dancing and Crunchwrap Supremes. Originally named “Market Street,” Second Avenue is one of Nashville’s oldest streets and is commonly referred to as the “birthplace” of Music City. Fort Nashborough, the forerunner to the settlement that would become Nashville, was erected near Second Avenue.1 The fort was built by settlers led by James Roberston and saved by Mrs. Robertson when she turned a pack of dogs loose on attacking Native Americans in the Battle of the Bluffs.2 The fighting in the Battle of the Bluffs took place near the intersections of Second and Third Avenues and Broadway.3 While one would think that Mrs. Robertson’s battle dogs would be the highlight of Historic Second Avenue, the prominence of the street actually derives from the use of the Cumberland River. In the 1800s, the Cumberland was used to transport people and freight. Steamboats would dock at the riverfront on First Avenue, then known as “Front Street,” and unload transported goods into warehouses.4 The goods in the warehouses on Front Street were then sold from the storefronts on Market Street.5 Notably, many steamboats used to transport goods to Nashville were owned by Tom Ryman, for whom the infamous Ryman Auditorium is named.6 Records indicate that the first store was opened on Market

Street in 1786. In addition to stores, Market Street housed hotels and saloons for the riverboat workers. The “Silver Dollar Saloon” served as an entertainment venue for riverboat workers for many years – it is now part of the Hard Rock Café.7 Most of the two- to five-story buildings on First and Second Avenue date from 1870 to 1890. In the early years, the buildings on Market Street were primarily wooden.8 After the Civil War, the city began replacing the wood structures with brick buildings.9 The brick buildings featured the Victorian-Style architecture that was used to put on display the “newly-acquired wealth” by the merchants.10 Almost all of the windows on the buildings have either arched or square window hoods, referred to as “eyebrows,” and are grouped in twos or threes.11 To this day, Second Avenue contains the best concentration of Victorian commercial facades in Nashville. In 1904, Nashville’s City Council passed a bill to “rename the streets west of the Cumberland River, running North and South,” in the interest of efficiency.12 This is when Market Street became Second Avenue. Notes of other bills introduced at this time, which were typewritten on lined paper, show that a bill providing for “street car segregation” or separate street cars for white and black Americans, also passed. After the turn of the century, Second Avenue became less prominent and popular.13 River transportation declined as railroads grew, and the street on Second Avenue was widened, causing the (continued on page 26)

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

Editorial | Then & Now: Second Avenue westside buildings to either move back or cut off their façades. This is why many of the storefronts on the lower west side of the street have a far more modern appearance. By the 1970s, most of the buildings on Second Avenue reverted to warehouses and the attractiveness of the once busy street faded. In the late 1970s, in an effort to “stimulate awareness of the Historic Second Avenue Warehouse District and to awaken interest in revitalizing [a] fascinating place,” the Metro Historical Commission began to put on the Market Street Fall Festival.14 The festival was put on annually for at least twelve years, and featured a parade, pony rides, outdoor vendors, and street performances. In January of 1975, the Metro Historical Commission relocated its staff offices to a restored warehouse on Second Avenue.15 The warehouse was restored by Nashville architect Neil Bass, who advocated for the preservation of Victorian warehouses.16 Mr. Bass felt that there was “a quiet dignity to the street – a strong sense of unity – like every building is locked arm in arm with his neighbor profoundly but silently testifying to the spirit and vigor of Nashville in the 1870’s.”17 He sensed that “all cities [were] beginning to look alike,” and that “sameness erodes national character.”18 Until his death in 2014, Mr. Bass helped to restore and preserve many historic buildings along Second Avenue, as well as the Ryman Auditorium.19 He also designed many modern Nashville landmarks, including Botanic Hall at Cheekwood and the Visitors Center at The Hermitage.20 In 1997, Metro Council adopted a historic zoning overlay for Second Ave that prohibits property owners from changing the look of their buildings without approval from the Metro Historic Commission.21 Now referred to as “Historic Second Avenue,” the street is the city’s first district added to the National Register of Historic Places. Second Avenue deserves the efforts 26

(continued from page 25)

being put forth by Nashvillians; it has truly stood the test of time. In 1985, a devasting fire destroyed many of the buildings on the east side of Second Avenue North in the 200 block.22 25 years later, the 2020 “Christmas Day” Bombing severely damaged several buildings on Second Avenue, including the homes of hundreds of people. Redevelopment of “Historic 2nd Avenue” is now under the management of the Metropolitan Development and Housing Agency. The Agency’s design approach is based on community input, and focuses on (1) maximizing pedestrian space, (2) celebrating the history of Second Avenue, (3) maintaining the tree canopy, (4) designing for flexibility, and, of course, (5) acknowledging the need for circulation, loading, valet, and drop-offs23 – I would be remiss if I didn’t mention the parking situation on Second Avenue at least once in this article. SUMMER GEYER is an Associate in Burr & Forman’s Construction Practice Group where she assists a range of clients, including residential and commercial general contractors, architects, engineers, project managers, business and property owners, and subcontractors. Summer earned her J.D. from Belmont College of Law, where she still serves as an Adjunct Professor and the Mock Trial Head Coach. In her free time, Summer enjoys traveling, singing, and spending time with her Great Dane, Baron.

Endnotes 1

Fletch Coke, Eleanor Graham, Joe Long, & Ann

Vines Reynolds, Market Street Fall Festival (Sept. 1976). 2

Id.

Mark Deutschmann, Second Avenue: Now the

Rebuilding Begins, one mile radius (Jan. 20, 2021), https://onemileradius.com/2021/01/20/second-ave-

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

nue-now-the-rebuilding-begins/. 5

Id.

Wielgus, Hayley. Second Avenue: The ‘birthplace’ of

Nashville. May 25, 2021. Sarah Arntz, From Market to 2nd Ave: A Look Back

at One of Nashville’s Oldest Streets, Part 1, Nashville Public Library (Jan. 16, 2021), https://www.library. nashville.org/blog/2021/01/market-2nd-ave-lookback-one-nashvilles-oldest-streets-part-1. 9

Id.

Coke, supra note 1.

Sarah Arntz, From Market to 2nd Ave: A Look Back

at One of Nashville’s Oldest Streets, Part 2, Nashville Public Library, (Feb. 12, 2021), https://library.nashville. org/blog/2021/02/market-2nd-ave-look-back-onenashvilles-oldest-streets-part-2. 13

Coke, supra note 1.

Id.

Commission Offices Relocated in Second Avenue

Historic District, The Courier, Jan. 1975. 16

Id.

Robinson Neil Bass Obituary, The Tennessean, Jan.

30 to Feb. 2, 2014. 20

Id.

Metro Historic Zoning Commission, Second Avenue

HP Zoning Overlay Design Guidelines, (1997). 22

Arntz, supra n. 12.

GHP & Metro Government of Nashville & Davidson

County, 2nd Avenue Opportunities, Feb. 2022.

LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound feated then Nashville Mayor Phil Bredesen in November 1994 for his first term as Governor. He then defeated John Jay Hooker in 1998 for his second term. Please keep the Sundquist family in your thoughts and prayers as they mourn his passing and celebrate a life well lived.

“Put out the fire and the call the dogs in; the hunt is over.” And Then They Were Done. The Extraordinary Session began on the afternoon of Monday, August 21 with tighter security and even lower expectations. Consensus quickly became elusive between the House and the Senate over the scope of the work to be done. The Senate leadership decided a limited approach was best while the House leadership decided a broader approach was better. So, the Senate teed up and passed three bills in Governor Lee’s package; the House passed eight separate bills in that week’s floor session even though all the senate companion bills remained in senate committees. The General Assembly reconvened on Monday, August 28, with its two separate bodies headed in opposite directions. The Senate had passed the only four bills it intended to consider while the House still had a lengthy calendar to work through. Both bodies adjourned quickly, but not before the House voted to remove State Representative Justin Jones’ right to speak that day after he was found twice to be speaking out of order. Matters went downhill from there as the House Democrats left the floor. The leadership of both houses met with Governor Lee early on Tuesday morning, and

the Senate leadership convinced Governor Lee and the House leadership that they were done for the Extraordinary Session. The Senate’s only concession was to concur in the few amendments that the House had adopted for the four bills the Senate had passed. Both houses completed their work by noon on Tuesday. Those four bills dealt with free firearm locks, criminal court clerk notices to the TBI of criminal convictions, a TBI child trafficking report, and an appropriations bill. Regular Session. The regular 2024 annual session will convene on Tuesday, January 9. Any of the bills that did not pass in the Extraordinary Session would have to be reintroduced in January to be considered in the regular session. Governor Bill Lee was very quiet during the Extraordinary Session, but at the end, he stated that he thought progress was made. Very few other dogs shared his perspective, particularly the Covenant School parents, who were the howling force for the Extraordinary Session in the first place. Don Sundquist. Tennessee’s 47th Governor died on Sunday, August 27, in Memphis. After serving 12 years in the United States House of Representatives for the sprawling 7th District, Sundquist de-

Congratulations Representative Aftyn Behn. Ms. Behn prevailed in the special general election on September 14 to fill the remainder of the unexpired term of Bill Beck, age 61, who died unexpectedly earlier this summer. District 51 in Davidson County covers a part of downtown, part of East Nashville, a part of Donelson, and Madison. Ms. Behn grew up in Knoxville where she attended the Webb School, and she is a Phi Beta Kappa graduate of the University of Texas in Austin. After a hotly contested Democratic primary and an easier general election, Ms. Behn is now the only woman in the Davidson County House delegation. Calendar Notes. October 3 and 17 – First two meetings of the newly elected Metropolitan Council. October 5 – Reception for new Tennessee Supreme Court Justice Dwight Tarwater at the Nashville School of Law. October 21 – YLD sponsored Race Judicata in Edwin Warner Park. November 10 – State and NBA offices will be closed for observation of the Veterans Day holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

Editorial | A Brief History of Land Use Planning in Nashville Early colonial cities in North America were planned under the authority of the King of England by joint stock companies, the forerunners of modern corporations. Their goal was both to prevent conditions that might pose health threats and to stimulate growth in the colonies. For example, when Williamsburg was established as the new capital of Virginia, enabling legislation specified the position of the roads, amount of land to be set aside for the town, the site for the capitol building and further authorized the directors of the town to adopt rules and regulations for dwelling size and setbacks. Other early examples of proactively planned cities include Philadelphia, Charleston, Savannah, and Washington, D.C. See, e.g., Land Use in Tennessee—Striking a Balance, Report of the Tennessee Advisory Commission on Intergovernmental Relations, at pg. 8, available at https://www.tn.gov/content/dam/ tn/tacir/documents/LandUseInTN2013.pdf. 3 See, Then & Now, A Historic Preservation Functional Plan, pg. 2 available at https://www.nashville.gov/sites/default/files/2022-09/1998_Preservation_Plan.pdf?ct=1663277176. 4 The introduction of the electric streetcar in 1889 attracted homeowners to the area that would become Hillsboro-West End and 16th Avenue and adjoining areas near Vanderbilt University, which itself had only been established in 1874. Id. at pg. 4. 5 Public Chapter 33, Acts of 1935. 6 Public Chapter 45, Acts of 1935. 7 Nashville Metro Historic Zoning Handbook, pg. 2 available at Handbookrevised2023. pdf (nashville.gov) 8 The six types of current historic zoning overlays are historic preservation, neighborhood conservation, historic bed and breakfast, historic landmarks, historic landmark interiors, and historic signage. See, Chapter 17.36.110 of the Code. See also, https://training.nashville.gov/sites/default/files/2022-05/DG_NCZOTurn_2022. pdf?ct=1651868291 for training materials and explanations of conservation overlay design standards. 9 Concurrency as a development tool requires adequate infrastructure for development and can be used both to direct development to places where infrastructure already exists, or will soon be built, and to prohibit development in areas that would require costly new public infrastructure. Performance-based zoning (sometimes called “impact zoning” or “flexible zoning”) is a method of regulating the design and location of each proposed development based on factors that related directly to the development’s site and the specific effects of the development on the surrounding community. The performance standards typically cover traffic flow, density, noise, and access to light and air among other effects. In some communities, performance standards may be tied to environmental impacts or certain climate mitigating impacts. See, S. M. White & Elisa L. Paster, Creating Effective Land Use Regulations through Concurrency, 43 NAT. RES. J. 753 (2003). Available at: https://digitalrepository.unm.edu/nrj/vol43/iss3/4 for a discussion of Concurrency as a land use planning tool and see, https://www.planning.org/divisions/planningandlaw/propertytopics.htm for a discussion of the various flexible zoning tools and techniques. 10 Chapter 17.36 of the Code. (Ord. BL2000-364 § 1 (part), 2000; Ord. 96-555 § 9.1(A), 1997). 11 For more information about form-based codes as a replacement for traditional zoning, see, https://formbasedcodes.org. 12 See, e.g., Then & Now, A Historic Preservation Functional Plan, at pg. 7 (“[T]here is a real need to reconcile the changing face of the city with its existing historic re2

(continued from page 8)

sources and to recognize that our heritage can be used as a tool to enhance new development rather than compete with it.”). Additional Resources of Interest: NashvilleMaps | Nashville.gov – zoning and land use maps, etc. Swipe into the past.....Historical maps of Nashville (arcgis.com) Special Collections | Nashville Public Library – historic photos of Nashville n

Introducing the New NBA All-Access CLE Pass

This year we are offering exciting new member benefits, including the new All-Access CLE Pass. For $199, members may register for an unlimited number of any NBA-produced* seminars, both online and in-person throughout the membership year (November 1 through October 31, 2024). The All-Access CLE Pass is exclusive to NBA members only and available to purchase when renewing. For details and more information regarding the All-Access CLE Pass, contact our CLE Director, Cameron Adkins at Cameron.Adkins@NashvilleBar.org *Travel-related CLEs and other seminars in which we partner with outside entities are excluded from All-Access CLE Pass use. The All Access CLE Pass expires on October 31, 2024 and may not be

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

used to register for seminars beyond that date.

barBITES | Laura Baker, Law Offices of John Day SEMI-HOMEMADE HALLOWEEN CUPCAKES: A BUSY LAWYER MOM (OR DAD) FRIENDLY RECIPE Ingredients Betty Crocker Super Moist Vanilla Cake Mix 3 eggs 1/3 cup vegetable oil 1 cup water Publix Bakery Buttercream Icing Orange and green food coloring Cupcake liners Halloween-themed cupcake picks Optional: Toothpicks Miniature marshmallows

Directions

Prepare cake batter according to the instructions on the box. (Pro tip: challenge your seven-year-old to break all three eggs into the bowl without getting any shell in the mix!) Pour cake batter into cupcake liners. (Pro tip: put the batter into a glass measuring cup first and allow your second grader to pour the batter into the liners. Expect uneven pouring and subsequent glee from your child when some cupcakes become larger than life in the oven!). Bake cupcakes according to instructions on the box. While cupcakes are baking, put icing into a mixing bowl and add orange food coloring. Mix well to evenly distribute the color. (Pro tip: Publix bakery sells prepacked containers of its delicious buttercream icing). Allow cupcakes to cool on a wire rack for at least 10 minutes. Frost the cupcakes with icing and decorate with Halloween-themed trimmings. (Pro tip: In addition to Halloween-themed picks, Claire had the great idea to decorate some of our cupcakes to look like pumpkins using miniature marshmallows on toothpicks dyed green with food coloring for the stems). Enjoy!

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

JUNE/JULY 2021 | VOLUME 21 | NO. 3

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Entertainment, Sports & Media Law Committee Happy Hour | July 2023

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Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS Bradley Arant Boult Cummings LLP is pleased to announce that Nashville associate Erin Malone-Smolla has been accepted into the National Conference of Bankruptcy Judges’ (NCBJ) 2023 Next Generation (NextGen) program. The 14th annual NextGen program will host up to 50 up-and-coming bankruptcy practitioners for a series of events during the NCBJ’s Annual Meeting. Malone-Smolla is a member of Bradley’s Litigation and Bankruptcy and Creditors’ Rights practice groups and regularly represents clients in bankruptcy, complex business litigation, commercial litigation, judgment enforcement and execution matters. Baker Donelson is one of 55 U.S.based law firms that was recognized for its level of disclosure of diversity-related metrics and distinguished performance against six core pillars: demographics, leadership and talent pipeline, recruitment and retention, business innovation and strategy, marketing, and diversity and inclusion in the community. Baker Donelson strives to create a diverse, inclusive, and welcoming environment for all employees, welcoming people of all races, genders, ages, languages, ethnicities, cultural backgrounds, disabilities, sexual orientations, and religious beliefs to assist clients in achieving their legal goals. Bradley Arant Boult Cummings LLP is pleased to announce that Lela M. Hollabaugh has been named to the 2023 Benchmark Top 250 Women in Litigation list. The annual Top 250 Women in Litigation list focuses on leading female

litigators who have participated in some of the most impactful litigation matters in recent history, while also earning the hard-won respect of their peers and clients. Hollabaugh has been recognized for six consecutive years. Bradley Arant Boult Cummings LLP is pleased to announce that Nashville partner A.J. Bahou has been selected for the Leadership Middle Tennessee Class of 2024, a leadership program founded to engage community and business leaders in the 10-county region of Middle Tennessee. Bahou, Bradley’s Artificial Intelligence (AI) team leader, is a registered patent attorney and trial lawyer who works on matters involving electrical and computer engineering technologies, including artificial intelligence, virtual reality, medical devices, blockchain, computer hardware, software, and internet security systems. Bradley Arant Boult Cummings LLP is pleased to announce that Casey L. Miller, an associate in the firm’s Nashville office, has been named as the recipient of Bradley’s 2023 Cameron J. Miller Award for Excellence and Community Service. The annual award recognizes an associate who exemplifies excellence in his or her legal work coupled with a high degree of involvement in community service for the betterment of the community in which the associate lives and works. The award is named for, and given in memory of, Cameron Miller, who passed away in June 2012 after battling cancer during his first year as an attorney at Bradley. The award includes a donation to a charity in Mr. Miller’s memory. This year, a $10,500 charitable donation will be made to the Nashville Humane Asso-

NASHVILLE BAR JOURNAL | OCTOBER/NOVEMBER 2023

ciation, the organization selected by Ms. Miller. ON TH E M O V E Stites & Harbison, PLLC welcomes attorney Mary Elizabeth King to the firm’s Nashville office. She joins the Family Law practice. King’s practice focuses on all aspects of family law, including assisting clients with divorce and post-divorce matters involving child custody, child support, alimony and financial dispute issues. Prior to joining Stites & Harbison, King was Assistant Attorney General with the Tennessee Attorney General’s office. She earned her J.D. from SMU Dedman School of Law, cum laude, in 2022. She is admitted to practice in Tennessee and Texas. Spencer Fane is pleased to announce Charles Yarbrough has joined the Litigation and Dispute Resolution practice group as an associate in the firm’s Nashville office. Yarbrough brings both prosecutorial experience with the Office of the District Attorney General in Nashville and two summer internships with Spencer Fane to his private practice. As an assistant district attorney general, Yarbrough spent time as a prosecutor in the Vehicular Crimes Unit. In his prior work for the firm, he engaged in intensive legal research, document drafting, and trial preparation. Yarbrough’s experience working as a district attorney gives him unique insight into legal processes and the ability to collaboratively create and deploy litigation strategies aimed at achieving resolutions aligned with business objectives. He works with clients to define, assess, and minimize risks and develop proactive approaches to nav-

Hearsay | Honors & Awards, On the Move, Firm News igate the shifting legal landscape with numerous industries. F I RM NEWS Charles W. “Chuck” Cagle, Shareholder and Chair of the Education Law and Government Relations Practice Group in Lewis Thomason’s Nashville office, has been appointed as a Trustee by the State of Tennessee for the Southern Association of Colleges and Schools – Commission on Colleges. SACSCOC serves as the recognized regional accrediting body for 800 institutions of higher education that award degrees in 11 southern states. Lieff Cabraser Nashville Office Managing Partner Mark P. Chalos was appointed as Co-Lead Counsel for Plaintiffs in the nationwide marketing and sales practices and products liability litigation against Generac Solar Power Systems over claims its PWRCell System components are defective and potentially dangerous. The leadership appointment was made by Judge Lynn S. Adelman of the U.S. District Court for the Eastern District of Wisconsin, who was designated to oversee all of the federal cases against Generac filed nationwide. Bradley Arant Boult Cummings LLP is pleased to announce that partner Junaid Odubeko has been appointed to leadership roles within the American Bar Association’s (ABA) Litigation Section for the 2023-2024 bar year. The mission of the section is to provide litigators of all practice areas with the resources needed to become successful and experienced ad-

vocates. Odubeko has been reappointed to a second consecutive term as co-chair of the Privacy & Data Security Committee. He regularly advises and represents clients in complex commercial and business disputes as well as real estate litigation. Mr. Odubeko is designated as an ANSI Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals. Equitable Trust Company has added Hunter R. Mobley as a Trust and Estate Advisor. Hunter joins Equitable from Howard Mobley Hayes & Gontarek, PLLC, where he served as an estate planning attorney since 2011. Hunter teaches as an adjunct professor for estate planning at Belmont University’s College of Law and will begin in 2024 as a professor for estate planning at Nashville School of Law. In addition to his expertise as a trust and estate attorney, Hunter is a nationally recognized master teacher of the Enneagram personality tool. J. Allen Roberts has been named the managing shareholder of Baker Donelson’s Nashville office. Roberts assumes the role from Brigid M. Carpenter, who has served as the Nashville managing shareholder since 2017. While serving as office managing shareholder, Roberts will maintain his legal practice, which is focused on corporate governance, mergers and acquisitions, and public and private equity and debt offerings. He works with clients across industry sectors, including manufacturing, health care, and technology. Mr. Roberts has extensive experience in representing management and private equity funds in middle-market recapitalizations, acquisitions, and divestitures. n

Mark Your Calendar

October 18 | NBA + YLD Cocktails for Costumes @ Bastion October 21 | YLD 20th Annual DISCO Race Judicata @ Edwin Warner Park November 2 | YLD Annual Meeting & Election @ Von Elrod’s November 16 | Fall Memorial Service @ Downtown Presbyterian Church December 6 | Annual Meeting & Banquet @ Music City Center

Visit Nashvillebar.org/Calendar for a full list of events

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

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Thank You for Your Membership! The NBA Premier Membership recognizes those members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Ashley.Moore@nashvillebar.org for information on how to become a Premier Member.

PREMIER MEMBERS Gail Ashworth Bahar Azhdari Laura Baker Daniel Berexa Michael Berman Mark Beveridge Hon. Joe Binkley Hon. Melissa Blackburn Charles Bone C. Dewey Branstetter Hon. Joe Brown Kenneth Byrd Christopher Cardwell Loy Carney Mark Chalos William Cheek G. Cherry Daniel Clayton Seth Cline Todd Cole Christopher Coleman Grover Collins John Day Joy Day Jacqueline Dixon Sherie Edwards Amanda Floyd Lora Fox Keith Frazier Barry Gammons David Garrison Andy Goldstein John Griffin William Harbison

Aubrey Harwell Trey Harwell William Haynes Lisa Helton Paul Housch Joseph Hubbard R. Jan Jennings Andrew Kaufman Jordan Keller Christopher Kelly Jenny Kiesewetter John Kitch William Koch Irwin Kuhn Edward Lanquist Thomas Lawless Wendy Longmire Kim Looney Christina Lopez Randal Mashburn Sam McAllester Amanda McClendon Hon. Carol McCoy Bob Mendes Margaret Moore Patricia Moskal Phillip Newman Paul Ney Andrew Noell David Parsons Gregory Pease Andrea Perry Tracy Powell Benjamin Raybin

David Raybin David Ridings Nathan Ridley Worrick Robinson Christopher Sabis Marie Scott Joseph Shelton Kimberly Silvus Martin Sir Elizabeth Sitgreaves Eric Smith Laura Smith Saul Solomon Michael Stewart Gerard Stranch James Stranch Chris Tardio Jim Todd Aleta Trauger Howard Vogel Michael Wall Tim Warnock Elizabeth Washko Jim Weatherly Carolyn Wenzel Thomas White Thomas Wiseman Talley Wood Edward Yarbrough Bill Young Stephen Young Gulam Zade Stephen Zralek

OCTOBER/NOVEMBER 2023 | NASHVILLE BAR JOURNAL

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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 Ashley.Moore@nashvillebar.org and support your local bar association today!

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Nashville Bar Journal | October/November 2023

Articles inside

Background Check | Gulam Zade

From the President

Capitol Notes | Peggy Sue, the Beagle Hound

Then & Now: Second Avenue

Microsoft Windows 11 Upgrades | Bill Ramsey & Phillip Hampton

ROCK THE VOTE! 2024 Board Nominees | Ballots Coming in November

A Century of Women in the Legal Profession

A Brief History of Land Use Planning in Nashville